consider the petition within thirty days from the time the same is filed, but if they do not do so within sixty days from such time, or having met, established, or determined not to establish a joint sub-district, three or more electors of the territory sought to be included therein may file a petition or remonstrance, for or against the same, with the probate judge of the county; and if the territory sought to be included therein is situated in two or more counties, the petition may be filed with the probate judge of either county. Section 3948. It shall be the duty of such board or boards to meet and consider the petition within thirty days from the time the same is filed, but on failure to do so within sixty days of such time, or if the board or boards meet and grant, or refuse to grant, the prayer of the petition, a petition or a remonstrance may be filed with the probate judge of the county, by either party, as provided in section three thousand nine hundred and thirty-four; and, thereafter, such proceedings may be had thereon, and they shall have the same effect as is herein provided for the formation of joint sub-districts. SEC. 2. That sections three thousand nine hundred and thirtyfour and three thousand nine hundred and forty-eight be and the same are hereby repealed; and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, When petition for joint sub-district may be filed with probate judge. Same. Passed January 14, 1881. [Senate Bill No. 149.] AN ACT To amend section six thousand and twenty-one of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six thousand and twenty-one of the revised statutes of Ohio be amended as follows: Section 6021. Where any letters of administration shall be revoked, or when any executor or administrator, or administrator with the will annexed, shall be removed or resign, or the authority as such, of a woman extinguished, or a will shall be declared invalid for any cause, all previous sales, whether of real or personal property, made lawfully and in good faith by the executor or administrator, or administrator with the will annexed, and with good faith on the part of the purchasers, and all lawful acts done in the settlement of the estate or execution of the will, shall be valid as to such executor or administrator, or administrator of the will annexed; but the sums paid out or distributed to legatees or other distributees may, when necessary for the proper execution of a Sales, etc., of former executor or administrator valid. will or administration of an estate, be recovered from the persons receiving the same. SEC. 2. That original section six thousand and twenty-one 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. President pro tem. of the Senate. Passed January 14, 1881. Contracts for German print ing, how and by whom let. [Senate Bill No. 154.] AN ACT To amend section three hundred and twenty-nine of the revised statutes of SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three hundred and twenty-nine of the revised statutes of Ohio be amended as follows: Section 329. The commissioners of public printing shall, at the same time and in the same manner as is prescribed in sections three hundred and twenty and three hundred and twenty-one, give notice that sealed proposals will be received at the office of the secretary of state for the printing, in the German language, of all documents ordered to be printed in that language, by the general assembly, or by either branch thereof, which proposals shall distinctly state the price per thousand ems for composition, the price per token for press work, and the price per thousand words for the translation, at which the bidder is willing to perform the work; and the commissioners of public printing and the contractor for the German printing shall be governed by the same rules regarding the notices, the bonds, the contract, the execution of the work, and the expense of transporting copy, paper, proofs, and printed sheets, as specified in this chapter relative to printing in the English language. SEC. 2. That original section three hundred and twenty-nine 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. R. G. RICHARDS, President pro tem. of the Senate. Passed January 14, 1881. [Senate Bill No. 99] AN ACT To prohibit the selling of pools upon the result of any trial or contest of skill, speed, or power of endurance of man or beast. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following section be enacted as supplementary to section six thousand nine hundred and thirty-nine of the revised statutes, with sectional numbering, as follows: Selling of ited. Section 6939a. Whoever shall keep any room or building, or any portion of any room or building, or occupy any place upon public or private grounds, any where within the state of Ohio with apparatus, books, or other device for the purpose of recording or registering bets or wagers or of selling pools, and any person who shall record or register bets or wagers, or sell pools upon the result of any trial or contest of skill, speed, or power of endurance of man or beast, or being the owner, lessee, or occupant of any such rooms, building, part, or portion thereof, shall knowingly permit the same to be used or occupied for any of the purposes aforesaid, or shall therein keep, exhibit, or employ any device or apparatus for the purpose of registering or recording such bets or wagers, or for the selling of such pools, or shall become the custodian or depository for hire or reward of any money, Penalty. property, or other thing of value staked, wagered, or pledged as aforesaid upon any such results, such person shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined not more than five hundred dollars nor less than five dollars, or imprisoned in the county jail for not more than six months nor less than ten days, or by both fine and imprisonment, at the discretion of the court. SEC. 2. This act shall be in force and take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. Passed January 18, 1881. [House Bill No. 518.] 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. [SPRINGFIELD.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of any city in this state which by the federal census of 1880 had, or which by any federal census hereafter may have on the first day of June in any year, a population of twenty thousand seven hundred and twenty-seven, having ordered Page 11 Lower Act, 70L41: 80 0.L.59. Council may issue bonds to construct water-works. During erec the construction of water-works therein and established a board of trustees for the same, 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 semiannually, 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. During the erection and completion of such waterworks, and until they are put in operation, the council of such tion, tax to be city shall annually assess and levy upon the entire taxable property of the corporation a tax sufficient to pay the accruing interest on all bonds issued in pursuance of this act. levied to pay interest. When trus tees of waterworks to report to council. Receipts from waterworks, how applied. SEC. 3. The trustees of such water-works shall, on the second Monday in May, annually, make a report to council of the condition of the water-works, and after the same shall have been put in operation, shall include in every such report an estimate prepared by them of the amount of money which, in addition to the balance, if any, to their credit then in the treasury, will be sufficient to discharge their then existing indebtedness, and to defray the necessary costs and expenses of managing, conducting, and repairing the water-works during the next succeeding year, which estimate shall be forthwith certified by the clerk of such city to the corporation treasurer; and for the purpose of paying the costs and expenses in this section named, the receipts from the waterworks, when paid into the treasury, may be drawn upon by the trustees in the manner now prescribed by section two thousand four hundred and fourteen of said revised statutes, but for no other purpose whatever, and the entire amount so drawn by them during any one year next succeeding the second Monday in May shall not exceed the amount of their last preceding estimate included in their report as aforesaid and the balance, if any, to their credit in the treasury at the date of such estimate: provided, that no contract or agreement entered into, or obligation incurred, or expenditure authorized by the trustees for and on account of the management, conduct, or repair of the water-works, shall be binding upon any such city, except as being payable out of such receipts from the water-works as by this section are placed at the disposal of the trustees, or being first approved by council out of any funds which council may provide for the purpose of meeting such costs and expenses should the total receipts from the water-works prove insufficient therefor. SEC. 4. Whenever in any year between the second Monday in May, and the second Monday of May of the next succeeding year, the receipts from the water-works paid into the treasury for the portion of the year which shall then have expired equal the amount of the last preceding estimate re ported as aforesaid to council, the corporation treasurer shall forthwith certify the fact to council, and the residue of all the receipts from the water-works for such year shall be under the exclusive control of council, and shall be applied exclusively to the payment of the interest on and the creation and maintenance of a sinking fund for the liquidation of the principal of all bonds issued in pursuance of this act until all such bonds are fully paid, when any such surplus may be applied by council to the extension, enlargement, or alteration of such water-works; and council shall, annually, after such water-works shall have been put in operation, assess, and levy, if necessary, such a tax as, together with the receipts from the water-works and other moneys of the city applicable to the purpose, shall be sufficient to provide for said interest and sinking fund, the whole or any part of which tax may be assessed and levied either upon the entire taxable property of the corporation, or upon such property as is described, and in the manner provided in section two thousand four hundred and thirty of said revised statutes. SEC. 5. The council of any such city which has heretofore adopted, or which may hereafter adopt, plans and specifications, or either, for the construction, extension, or enlargement of waterworks, or for changes therein, shall at any time have the right to alter or modify any such plans or specifications, by resolution or ordinance, and may prescribe the time and order in which the work or any part thereof indicated in any such original, or modified, or altered plans, or specifications shall be done, and the trustees shall make no enlargement or extension of the waterworks or changes therein, except for necessary repairs, unless thereto directed by council, and shall cause the water-works to be constructed, and all enlargements and extensions thereof, and changes therein ordered by council, made according to the plans and specifications, and as nearly as may be reasonably practicable in the time and order respectively prescribed by council: provided, that council shall not make any such alteration or modification as aforesaid as to any part of the work above named so as to effect any contract for the same after such contract is made, and ratified in the manner hereinafter prescribed, unless the contractor consents to such alteration of modification. SEC. 6. No contract or agreement entered into, or obligation incurred, or expenditure authorized by the trustees of the waterworks for or towards the construction, enlargement, or extension of the water-works, or for changes therein, except necessary repairs, or in any way relating to the water-works, or to anything incident or appurtenant thereto, shall be binding upon any such city, nor shall any money be appropriated or drawn from the treasury of the city to execute any such contract or agreement, or to discharge any such obligation, or to defray any such expenditure, unless before going into operation the same is ratified by council: provided, that this section shall not apply to the necessary costs and expenses of managing, conducting, and repairing such water-works after the same shall have been put in operation. How sinking fund for pay ment of bonds created. Plans and specifications may be altered. Alterations not to effect contract. made. Contracts to be ratified by council. |