spectively become due by the terms of said bonds; Provided, that any party uniting with the trustees of any fund described in the act to which this is supplementary, shall furuish an amount of money for the erection of said building equal at least to the amount furnished by said trustees of the monumental fund. SEC. 2. No bonds shall be issued by any township, city, or incorporated village under the provision of this act until the question of issuing the same shall have been first submitted to a vote of the qualified electors of the township, city, or incorporated village, and a majority of such qualified electors voting at the elections shall have voted "Monumental aid, Yes;" and such election may be held at the usual place of holding elections in said city, township, or incorporated village, at any time after ten days' notice of the time and place of holding the same shall have been publicly given by the trustees of the township, or council of the city or incorporated village, in one or more newspapers of the county having general circulation therein, stating also the amount of the bonds proposed to be issued, the rate of interest, the purpose for which issued, and the time of payment, and that each voter shall indorse upon his ballot, "Monumental aid, Yes," or "Monumental aid, No." Said election shall be conducted in all respects as other general or special elections held under the laws of this State; and the result thereof certified within three days thereafter by the proper officers, with the poll books, to the clerk of the courts of the county, as is required in cases of a general election. Question of issuing bonds must be submitted to vote. Notice to be given. affirmative votes. SEC. 3. That if a majority of the votes cast at any such Procedure on election shall be returned as cast for "Monumental aid, Yes," then it shall be the duty of the trustees of the township or council of the city or incorporated village, or both, as the case may be, forthwith on the certificate of the clerk of the court to that effect, to issue the bonds thereof in the sum specified in the notice for the election, payable in [ten] years from date, with interest at the rate of eight per cent. per annum, payable semi annually, on the first days of July and January at the place of issue, and to deliver the same to the trustees of the monumental building fund, provided for in the original act to which this is supplementary, and to take their receipt or that of their treasurer therefor. SEC. 4. That the trustees of said "Monumental building fu. " upon receiving the bonds provided for in the preceding section, shall at once proceed to convert the same into money in any case for no less than their par value, and proceed at once to the erection of the monumental building provided for by the act to which this is supplementary, and also providing in said building all necessary and suitable rooms for township, city or incorporated village purposes; Provided, that in giving notice of the time, manner and purposes of election as provided in the second section of this act, the number and character of rooms required for township, city or village purposes, may be therein described, and if so described, the bonds heretofore described shall in no event be Duty of trustees in the erection of monument. Levy of tax for principal and interest. Vote to be taken on request of twenty citi zens. issued or delivered until the trustees of said monumental building fund shall have given bond with security to the satisfaction of the probate judge of the county, conditioned for the speedy and faithful completion of rooms in said building, as stipulated in such notice, to the satisfaction of said probate judge, and the failure to so do will subject the property of said monumental building association to all damages that may arise from such failure as well as to liability upon bond of the trustees as aforesaid. SEC. 5. In case of the issue and delivery of bonds as aforesaid, it shall be the duty of the trustees of the township, or council of a city or incorporated village at the usual time for levying taxes, to levy a tax upon all the taxable property of such township, city or village, as will be sufficient to pay the interest therein for the current year and such proportional part of the principal for a sinking fund as will be sufficient to pay off the same when and as they become due, and this shall be done year by year until the whole amount of principal and interest is fully satisfied, paid off and discharged. SEC. 6. The vote required to be taken by this act shall be taken and notice therefor given as herein required immediately upon a request therefor being filed with the trustees of any township, or council of any city or incorporated village, for ten days, by twenty citizens, residents and tax payers of such township, city or village, and notice to the clerk of such township, trustees, or council, shall be equivalent to service upon the trustees or council themselves. SEC. 7. This act shall take effect and be in force from and after its passage. GEO. L. CONVERSE, Speaker of the House of Representatives. President pro tem. of the Senate. Passed March 17, 1875. What entitled to grace; exceptions. AN ACT To amend sections one and two of an act supplementary to an act making certain instruments of writing negotiable, passed February 25, 1820, and as amended March 26, and took effect June 23, 1861. (S. & S., 190; 58 0. L. 41.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections one and two of the above entitled act be so amended as to read as follows: Section 1. That all bonds, notes and bills, payable at a day certain after date, or after sight, made negotiable by the act to which this is supplementary, shall be entitled to three days grace in time of payment; excepting, however, that all checks, bills of exchange, or drafts, appearing on their face to have been drawn on any bank, banker, broker, exchange broker or banking company, which are on their face payable on any specific day, or in any number of days after the day of sight or date thereof, shall be deemed due and payable, on the day mentioned for the payment of the same, without days of grace being allowed thereon, and it shall not be necessary to protest the same for non-acceptance, nor to give notice of non acceptance to drawer or indorser. Section 2. That the demand of payment from the maker of any bond or note, or the drawer of any bill of exchange on the third day of grace given aforesaid, or upon the day mentioned for payment as above provided, and notice of non-payment thereof to the indorser of any such bond, note, bill or check, and the drawer of any such bill or check within a reasonable time thereafter, shall be adjudged due diligence, under the second section of the act to which this is supplementary, un. less the indorsement shall express in writing other conditions; provided, that when the third day of grace shall be the first day of the week, such demand shall be made on the next preceding business day. SEC. 2. That sections one and two of the above entitled act, passed March 26, 1861, be and the same are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. GEO. L. CONVERSE, Speaker of the House of Representatives. Demand and notice-due diligence, etc. President pro tem. of the Senate. Passed March 17, 1875. AN ACT To amend an act entitled "An act for the re-organization and maintenance of common schools," passed May 5, 1873. (O. L., vol. 70, page 204). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section thirty-six of the above recited act be so amended as to read as follows: Section 36. No joint sub-district composed of the fractional parts of two or more townships which is now organized, or may hereafter be organized, shall be dissolved, changed or altered, unless by the concurrent action of the boards of education of the several townships, which may have territory included in such sub district. In all sub-districts whenever it shall become necessary to rebuild, or for the better accommodation of scholars to change the location of Joint subdistrict, how dissolved. changed or Change of location, etc., of schoolhouses. Returns of assessments and enumeration how made. the school-house of any sub district, the question of such rebuilding or change of location shall be determined by a majority vote of the board of local directors of such sub-district, and in such manner as to secure the better accommodation of the larger number of scholars in the same, and the funds which may be or shall have been assessed and collected for the rebuilding of such school-house shall be transferred to the custody of the board of education of the township in which such location shall have been made, and such board of education shall proceed in all matters connected therewith in accordance with the provisions of this act. And the personal property belonging to such sub district shall be transferred to the board of education of the township in which such new location is made, and the real property, should there be any belonging to such joint sub-district in the township from which said location was changed, shall be sold by the board of education of such township, and the proceeds arising from such sale shall be turned over to the board of education of the township in which said location shall have been made. In cases where any parts of such joint sub district shall be in more than one county, the enumeration shall be made for each fraction, as provided in the seventy-seventh section of this act, and the assessment shall be made for each fraction, as provided in section thirty-five of this act, but returns of such assessment of taxes and enumeration of youth shall be made to the county auditors of the several counties interested of the amount belonging to such counties respectively, to be collected as above provided; and when so collected the amount shall be certified by each county auditor to the clerk and treasurer of the township, or the school district having control of said school, and the amount shall be paid to the treasurer of such township or school district by each county respectively. SEC. 2. That original section thirty-six be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. GEO. L. CONVERSE, Speaker of the House of Representatives. EMERY D. POTTER, President pro tem. of the Senate. Passed March 17, 1875. Authority for straightening creeks or water courses. AN ACT To authorize Commissioners, for Protection of Highways. to Straighten and clean out Creeks and Water Courses' SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of any county are hereby authorized to cause to be straightened or cleaned out any creek or water course, for the better production of roads in such county. SEC. 2. That before the commissioners shall proceed to Petition straighten or clear out any creek or water course, there shall therefor. be filed with the county auditor of such county a petition signed by one or more tax payers of the county setting forth the benefits to be derived from straightening or cleaning out said creek or water course, the starting point and terminus, with a description of the creek or water course to be straightened or cleaned out, with an estimate of costs to be incurred to complete said work, and the auditor shall at the next regular or called meeting of the commissioners, notify them. of the filing of said petition. SEC. 3. That the commissioners upon receiving said notice of petition, shall forthwith appoint some disinterested person, resident of the county, who shall go upon the line of said creek or water course and examine the same carefully, and make his report to the county auditor in writing, stating whether he deems the straightening or cleaning out of said creek or water course will be beneficial for the protection of any state or county road, and if so, an estimate of the amount of money required to perform the same. SEC. 4. That the county auditor shall at the first regular or called meeting of the commissioners after receiving the report from such person, notify said commissioners of the same, and if the said report recommends the straightening or cleaning out of said creek or water course, the commissioners shall be authorized to proceed to let the same at pub. lic sale to the lowest and best reponsible bidder, and take a bond, payable to the state of Ohio, of the person or persons to whom said work is let, with good and sufficient security for the performance of the same within a specified time; and and on completion of the work thus let, and accepted by said commissioners, the auditor shall issue a certificate to the person or persons performing said work for the sum due; Provided, that in no case shall the work be let at a higher price than twenty per cent. above the estimate so made by said person appointed. And, provided further, that no person having an official duty to perform about said work shall be interested directly or indirectly in any contract for straightening or cleaning said creek or water course. SEC. 5. That all costs of letting, straightening or cleaning out such creek or water course, and all the other necessary expenses which shall accrue under this act, shall be paid out of the county treasury, out of the bridge fund, on the order of the county auditor. This act shall be in force from and after its passage. GEO. L. CONVERSE, Speaker of the House of Representatives. Passed March 20, 1875. President of the Senate. Examination by a disinterested person. Auditor to notify missioners, etc. com Work to be let to lowest bidder. Costs how paid. 5 |