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levy annually a tax of eight-tenths of one mill on each dollar valuation of the taxable property of the city, and the territory thereto attached for school purposes, to be levied, collected and paid in the same manner as are school taxes of the city; all money appropriated, received or collected by tax for the library, shall be expended under the direction of the library board in purchasing such books, pamphlets, papers, magazines, periodicals, journals and other property as may be deemed suitable for the public library, and in payment of all other charges and expenses, including compensation of the librarian, assistants and help that may be incurred in increasing and maintaining the library, and all claims against said fund shall be approved by the president and secretary of said library board and paid upon the warrant of the auditor of the board of education in the manner now provided by law for the payment of claims against said city.

SECTION 2. That original section 4002 be, and the Repeals, etc. same is hereby repealed, and this act shall take effect on and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

F. B. ARCHER,

President of the Senate.
Passed May 7, 1902.

2886

[House Bill No. 128.]

AN ACT

common

To amend section 3951 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohic:

SECTION 1. That section 3951 of the Revised Statutes School funds: of Ohio, as amended March 29, 1900, be amended so as to read as follows:

Sec. 3951. For the purpose of affording the advan- "The state tages of a free education to all the youth of the state, there

school fund" shall be levied annually a tax on the grand list of the tax- and "Ohio able property of the state, which shall be collected in the sity fund." same manner as other state taxes and the proceeds of which shall constitute “the state common school fund," and for the purpose of higher, agricultural and industrial education, including manual training, there shall be levied and collected in the same manner a tax on the grand list of taxable property of the state, which shall constitute "the Ohio state university fund.” The rate for such levy in each case shall be designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the rate for any year the same shall be for "the state common school fund” ninety-five one-hundredths of one mill, each year for the years 1902 and 1903, and one mill each

Repeals, etc

year thereafter ; for the "Ohio state university fund,” fifteen one-hundredths of one mill upon each dollar of valuation of such taxable property, each year for the years 1902 and 1903, and ten-hundredths of one mill each year thereafter.

SECTION 2. Said section 3951 of the Revised Statutes of Olio as amended March 29, 1900, is hereby repealed, ind this act shall take effect and be in force from and after its passage.

W. S. MCKINNON.
Speaker of the House of Representatives.

F. B. ARCHER,

President of the Senate. Passed May 8, 1902.

289G

Excise tax on express companies; repeal of act authorizing.

[House Bill No. 1060.)

AN ACT
To repeal sections 2780-1, 2780-2, 2780-3, 2780-4, 2780-5 and 2780-6

of the Revised Statues of Ohio.
Le it enacted by the General Assembly of the State of Ohio:

SECTION I. That sections 2780-1, 2780-2, 2780-3, 2780-4, 2780-5 2780-6 of an act passed May 14, 1894 (91 (). L., pages 237, 238, 239, 240 and 241 inclusive), providing for an excise tax on express companies, be and the same are hereby repealed.

SECTION 2. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

F. B. ARCHER,

President of the Senate. Passed May 9, 1902.

290G

[House Bill No. 522.]

AN ACT

School funds:

To further supplement section 3958 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 3958 of the Revised Statutes of Ohio be further supplemented by the following sec

tions, with the sectional number respectively as follows: Provisions

Sec. 3958-1. The provisions, requirements, limitations, regulating levying of

and inhibitions of the following sections of the Revised taxes and mak- Statutes of Ohio, to-wit: section 2690f, 2690g, 2690h, ations and ex- 26190i and 2690j, shall apply to and govern the levying of penditures for school pur

taxes and the making of appropriations and expenditures poses in Cin

for school and educational purposes, in and for the school cinnati.

district of any city of the first grade of the first class or

of which any such city is a part, in all respects and as fully as said sections apply to and govern any such city in the levying of its taxes and in providing for its yearly expenditures; and it shall be unlawful in and for any such school district, or in and for any such school district of which any such city is a part, to levy any tax for school and educational purposes, or to make any expenditure from any school or educational funds, without the action thereon of the city auditor of any such city and its board of legislation and its board of supervisors, acting as its board of tax commissioners, in the manner prescribed in and by said several sections of the Revised Statutes. Provided, however, that Exceptions. any moneys in any such school or educational fund or funds, not expended on December 31st of any year, shall be available for expenditures if reappropriated in the year next following. Provided, further, that a contingent fund may be set apart from the said school and educational funds in each semi-annual appropriating ordinance not exceeding ten thousand dollars, which may, during the year for which it is set apart on the order of the board of education having j11risdiction over any such school district, be expended for any lawful purpose not foreseen when the estimates or appropriations were made, or in case there be a deficiency in any of the appropriations. Provided further, that in the year 1902, the report required by section 2690i shall be made by such board of education on or before the first Monday of Vay of said year, and that the statements required by said section 2690f shall be made by the said auditor, as to the tax for school and educational purposes, on or before the first Monday of June of said year, and the first appropriation of funds provided for by this act shall be made for the six months ending December 31st, 1902, in accordance with section 2600h, and within the estimate made by such board for the current year. The clerk of such board of education, shall on demand, furnish to the said auditor, board of legislation and board of tax commissioners of such city any information relating to its finances which either may deem necessary to the proper discharge of the duties imposed by this act.

Sec. 3958-2. The county auditor shall also furnish the Duties of city city auditor of any such city with a certified copy of the

receiving and apportionment of the funds payable to any school district paying out named in the preceding section as made under section 3964 school disof the Revised Statutes. Moneys other than taxes, payable

keeping acto any such school district shall be paid to the city treas- count of funds urer only upon the warrant of the city auditor. Payments from said funds shall be made by warrants of the city auditor upon vouchers approved by such board of education attested by its clerk, but in case of salaries and wages, upon pay rolls so approved and attested. The city auditor shall charge the city treasurer with all taxes and funds received by linn and shall credit him with all amounts paid out upon his warrant, keeping a separate account, for each fund, of money's received and disbursed, and his accounts shall at all

auditor as to

trict; and

.

times be open to inspection of any member of such board of education, its clerk or representative. No part of any such funds shall be transferred to any other fund, except by a resolution of such board of education approved by the said board of tax commissioners, but such transfer shall not take effect until the city auditor shall have been notified thereof in writing by the last named board. The duties imposed upon the clerk of the board of education by section 4055 of the Revised Statutes are hereby, in every such school district, transferred to and imposed upon the auditor of the city. The duties imposed and the powers conferred by sections 1720, 17200, and 1720b, of the Revised Statutes, upon the board of supervisors acting as the board of revision of any such city, are hereby imposed and conferred upon such board as to the proceedings of such board of education, and as to its forms of books, accounts, reports and other methods of accounting; and such board of education shall adopt and carry out any system of accounting provided by said board of supervisors agreebly to said sections 17200, under the penalties prescribed by said section 17206. The duties imposed and the powers conferred by section 1765a, Revised Statutes, upon the city auditor, shall be applicable in all respects to such board of education, and its officers, as to reports required; separate accounts to be kept; appropriations overdrawn; examination of vouchers; monthly statements of receipts and expenditures; auditing, examining, and settling accounts; the countersigning of receipts given by the city treasurer; and as to all other requirements in said section. The provisions of section 2699 and 2702 of the Revised Statutes shall apply to all contracts, agreements, obligations, and orders involving the expenditure of money, entered into or made by any such board of education, and any action of any such board, contrary to the provisions of either of said sections, as herein made applicable, shall be void except, that the certificate of the city auditor required by said sections shall not be necessary in

of current expenditures; or in case of any other expenditure not exceeding five hundred dollars; or in case of contracts for the employment of teachers, officers, and other school employes by any such board of education: Provided that the certificate required by said sections, after being noted on the books of the city auditor, shall be by him transmitted to and be filed and recorded by said board. The powers conferred and duties imposed upon the solicitor of the corporation, the privilege granted to a taxpayer, and the power conferred upon courts by sections 1777, 1778 and 1779 of the Revised Statutes, respectively, are hereby conferred and imposed upon and granted them respectively and in like manner, as to any action taken, duly omitted, or fraud, or corruption, practiced by any such board of education, in all cases in which such solicitor is required by said section 1777, in similar cases, to institute judicial proceedings on behalf of a municipal corporation; and the books and records of such board shall at all times

be open to the inspection of any taxpayer of such school district.

SECTION 2. That section 2690c of the Revised Stat- Repeals, etc.. utes, in so far as it excepts boards of education in cities of the first grade of the second class, sections 3958 and 3960, and all other acts and parts of acts in so far as they conAict with any of the provisions of this act be and the same are hereby repealed, and that this act shall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

F. B. ARCHER,

President of the Senate.
Passed May 9, 1902.

291G

(House Bill No. 681.]

AN ACT

To amend section 4009-15 of the Revised Statutes of Ohio.

attendance en-. forced :

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 1009-15 of the Revised Sta- Schools and tutes of Ohio be amended so as to read as follows:

Sec. 4009-15. That whenever ten qualified electors of Township or any township, or twenty qualified electors of any two or ligh school

, more adjoining townships shall file a petition or petitions district: petiwith the township clerk, or clerks of two or more adjoining lishment duty townships, praving for the establishing of a township high education ; school district, or a joint township high school district, it slection for

oi shall then be the duty of the township board of education, question. or boards of education, to call a meeting, or meetings within thirty days thereafter, of the qualified electors of said township, or townships embraced in the petition, or petitions at their usual place or places of voting, giving ten days' notice, or notices of the time and place, or places, of said election, or elections, to be posted in at least five conspicuous places in the township, or each township, requiring said electors to vote for or against the proposed establishing a township or joint township high school district, and the building of a township or joint township high school building, and shall also at the same election submit to the electors of the township, or joint township high school district proposed, the question of levying taxes for buying a site, or sites, and building a township or joint township high school house, or either of them, and the further questions whether the levy shall be made from year to year thereafter, and what amount shall be levied each year until the actual cost of such site, or sites, the erection of such high school house, or houses, is raised, and their opinions. the said electors, shall be expressed on their ballots which must be provided by the board, or boards of education, Form of taito-wit: For township, or joint township high school dis

lot.

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