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[House Bill No. 89.]

AN ACT

To amend section four thousand and sixty-six of the revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section number four thousand and sixty-six of the revised statutes of Ohio be amended to read as follows:

Section 4066. The board thus constituted may issue two grades of certificates to such as are found to possess the requisite scholarship, and who exhibit satisfactory evidence of good moral character and of professional experience and ability, as follows: First-class, life certificates; second-class, for ten years; the latter to be issued to applicants of satisfactory attainments in the branches required for county certificates, and to be valid in any school where such branches, only, are taught. The clerk of the board shall keep a record of the proceedings, showing the number, date, and duration of each certificate, to whom granted, and for what branches of study, and shall report such statistics to the commissioner, annually, on or before the first day of October.

SEC. 2. Said original section four thousand and sixty-six be and the same is hereby repealed.

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

THOS. A. COWGILL,

Speaker of the House of Representatives.
A. HICKENLOOPER,

Teachers' certificates issued by state board of examiners.

Passed February 24, 1881.

President of the Senate.

[Senate Bill No. 298.]

AN ACT

To authorize certain incorporated villages to construct machine shops, and to issue bonds therefor.

[DELPHOS.]

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of any incorporated village, which by the federal census of 1880 had, and which by any subsequent federal census may have, a population of three thousand eight hundred and twenty-one, is hereby authorized to contract for and construct machine shops and purchase real estate therefor, and for that purpose to issue bonds to an amount not exceeding thirty-two thousand dollars, in such denominations and payable at such times as the village council shall, by resolution, determine. Such bonds shall be signed by the mayor, countersigned by the clerk, and attested by the corporate seal of such village, and shall bear interest at the rate of six per cent. per annum, payable semiannually, from the date thereof.

SEC. 2. That any such village may negotiate such bonds for

cash, or it may deliver the same in payment of such real estate, or for the construction of machine shops, but in no case shall such bonds be disposed of for less than the par value thereof, and no contract shall be awarded until the contractor shall enter into bonds to such village in double the amount of such contract, conditioned that such contractor shall fully perform all the obligations imposed upon him by such contract.

SEC. 3. That said village council is hereby authorized to lease said shops, with or without the grounds upon which the same may be built, for such terms and on such conditions and reservations as may by it be determined by resolution; or such village council may sell and convey said shops, with or without the grounds upon which the same are built, or contracted to be built, for such considerations and upon such terms, conditions, and reservations as may by it be determined by resolution.

SEC. 4. That the powers herein conferred shall in no case be exercised by any such village council until thereto authorized by a vote of the qualified electors of such village, taken at a general election held therein; that for the purpose of submitting such proposition to a vote of such electors, the clerk of such village, upon the passage of a resolution by such village council for that purpose, shall give notice of the time of holding such election, which shall be published in all the newspapers published in such village, at least twenty days prior to the day of holding such election. Such election shall be held at the usual place or places of holding elections, and by the officers authorized to preside at elections in such village. The poll-books and tally-sheets of such elections shall be forthwith returned to the clerk of such village, who, with the mayor of such village, shall, at any regular or special meeting of the village council, and in the presence of a quorum of such council, proceed to canvass such vote, and the village clerk shall enter the number of votes cast for such proposition and the number of votes cast against such proposition in such village, and if it shall appear by the returns of such election that two-thirds of all the electors voting at such election shall have voted in favor of such proposition, such village council shall be authorized to exercise the powers conferred by this act; and if two-thirds of such electors shall not have voted in favor of such proposition, such village council shall not exercise the powers conferred by this act. That ballots voted at such election shall have written or printed thereon the words, "Machine shops-Yes," "Machine shopsNo."

SEC. 5. That the resolution of such village council herein provided for, shall forthwith be entered by the village clerk upon the ordinance book of such village, and shall take effect upon the passage thereof without publication, any provisions of the law to the contrary notwithstanding.

SEC. 6. That all contracts or conveyances authorized by this act shall, upon the part of such village, be signed by the mayor, countersigned by the clerk, and attested by the seal of such village; and the village council is hereby authorized to levy such tax upon the taxable property of such village each year thereafter, as may

be necessary to pay such bonds as they become due, together with the interest thereon.

SEC. 7. This act shall take effect and be in force from and

after its passage.

THOS. A. COWGILL,

Speaker of the House of Representatives.
A. HICKENLOOPER,
President of the Senate.

Passed February 24, 1881.

[Senate Bill No. 269.]

AN ACT

To amend section one hundred and eight (108) of the revised statutes of Ohio.
SECTION 1. Be it enacted by the General Assembly of the State of
Ohio, That section one hundred and eight (108) of the revised
statutes of Ohio be amended so as to read as follows:
Section 108. There shall be made and kept up an alphabetical
index to each of said records; all official papers shall be filed in
boxes properly labeled and dated, and a transcript or an abstract
of any entry in any record kept as aforesaid, certified as correct by
the private secretary or executive clerk of the governor, under the
great seal of the state, shall be received as prima facie evidence
of the facts therein stated in any court, or before any officer of
this state. [73 v. 201, § 2.]

SEC. 2. That original section one hundred and eight (108) is hereby repealed. This act shall take effect upon its passage.

THOS. A. COWGILL,

Speaker of the House of Representatives.

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Passed February 24, 1881.

A. HICKENLOOPER,
President of the Senate.

[Senate Bill No. 314.]

AN ACT

To amend section one of an act entitled "an act to regulate the construction, enlargement, changes in and conduct and management of water works in certain cities, and to authorize the issue of bonds in connection therewith," passed January 18, 1881.

[SPRINGFIELD.]

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be so amended as to read as follows:

Section 1. That the council of any city of the third grade, of the second class, having a population exceeding seventeen thousand, in which water-works have not been constructed, having ordered the construction of water-works, and a board of trustees

Page 41 Lower Act, Supplem. 80 O.L.59.

having been elected therefor, are hereby authorized, for the purpose of providing the means to pay the costs and expenses of constructing the water-works, and of making enlargements and extensions thereof, and changes therein, to issue the bonds of the city for any amount not exceeding in the aggregate for all of said purposes, four hundred thousand dollars, which bonds may be made to run for any length of time, not exceeding thirty years, at a rate of interest not exceeding six per cent. per annum, payable semi-annually, to be negotiated in the manner now provided by section two thousand seven hundred and nine of the revised statutes of Ohio, the proceeds thereof to be applied exclusively to the payment of said costs and expenses.

SEC. 2. Original section one of said act above recited, passed January 18, 1881, is hereby repealed, and this act shall take effect from and after its passage.

THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tem. of the Senate.

Passed March 1, 1881.

Contracts for

supplying mu
nicipal cor-
poration with
water.

Page 42 Sec. 2434. Amended, 80 O.L71.

[House Bill No. 692.]

AN ACT

To amend section two thousand four hundred and thirty-four (2434) of the revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two thousand four hundred and thirty-four (2434) of the revised statutes of Ohio be amended to read as follows:

Section 2434. A municipal corporation in which any incorporated water company is properly organized under the laws of the state, shall have power to contract with such company for supplying water for fire purposes, streets, squares, and other public places in the corporate limits: provided, however, that no municipal corporation shall make a contract to exceed the term of eight years; and such municipal corporation shall have the same power to protect the works of said water company from injury, and prevent a pollution of the water thereof, as though said water-works were owned by said municipal corporation.

SEC. 2. That said original section two thousand four hundred and thirty-four (2434) is hereby repealed, and that this act shall take effect and be in force from and after its passage.

THOS. A. COWGILL,

Speaker of the House of Representatives.
A. HICKENLOOPER,

Passed March 9, 1881.

President of the Senate.

[House Bill No. 784.]

AN ACT

To amend section sixty-seven hundred and sixty-one of the revised statutes of
Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-seven hundred and sixty-one of the revised statutes be and the same is hereby amended so as to read as follows:

Section 6761. A like action may be brought against a corpor

ation.

1. When it has offended against a provision of an act for its creation or renewal, or any act altering or amending such acts. 2. When it has forfeited its privileges and franchises by non

uses.

3. When it has committed or omitted an act which amounts to a surrender of its corporate rights, privileges, and franchises.

4. When it has misused a franchise, privilege, or right conferred upon it by law, or when it claims or holds by contract or otherwise, or has exercised a franchise, privilege, or right in contravention of law.

SEC. 2. Said original section six thousand seven hundred and sixty-one be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage.

THOS. A. COWGILL,

Speaker of the House of Representatives.
A. HICKENLOOPER,

Where action of quo warranto may be brought against a corporation.

Passed March 9, 1881.

President of the Senate.

[House Bill No. 507.]

AN ACT

To amend section six thousand eight hundred and nineteen of the revised statutes.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six shousand eight hundred and nineteen of the revised statutes be amended to read as follows:

Section 6819. Whoever with malicious intent to maim or disfigure, cuts, bites, or slits the nose, ear, or lip, cuts out or disables the tongue, puts out or destroys an eye, cuts off or disables a limb or any member of another person, or whoever with like intent, throws or pours upon, or throws at another person any scalding hot water, vitriol, or other corrosive acid, or caustic substance, or whoever with like intent assaults another person with any dangerous instrument whatever, shall be imprisoned in the penitentiary not more than twenty years nor less than one year.

SEC. 2. Said original section six thousand eight hundred and nineteen be and the same is hereby repealed.

Maiming or disfiguring another.

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