Returns and canvass. Section 1604-4. Establishment of probate division. Error and appeals. Section 1604-5. Petition for re-establish ment. Re-establishment on increase of population. Building commission. BUILDING BONDS. Returns of said election shall be made and said returns shall be canvassed at the same time and in the same manner as an election for county officers, and the board of said deputy state supervisors of elections shall certify the result of said election to the secretary of state, to the probate judge of said county and to the judge of the court of common pleas, and the same shall be spread upon the journal of the probate court and of the court of common pleas. If a majority of the votes cast at such an election shall be in favor of combining said courts, such courts shall stand combined and consolidated at the expiration of the term for which the probate judge has been elected in the county wherein such election has been held. (103 v. 961.) SECTION 4. When the probate court and the court of common pleas have been combined there shall be established in the court of common pleas a probate division and all matters whereof the probate court has jurisdiction by law shall be filed in and separately docketed in said probate division, and the resident judge of the court of common pleas, shall appoint the necessary deputies, clerks and assistants to have charge and perform the work incident to the probate division. The salaries of such deputies, clerks and assistants to be regulated by section 2980-1 of the General Code. Error may be prosecuted or appeals taken from said probate division to the court of appeals in all cases where the same lie to the court of common pleas in counties where such courts have not been combined. (103 v. 962.) SECTION 5. At any time after three years from the date of an election held under the provisions of this act, but not before, another election may be petitioned for and shall be ordered by the judge of the court of common pleas as provided for in this act, either to perfect a combination of said court, or to dissolve said combination and to re-establish the probate court. (103 v. 962.) SECTION 6. Whenever in any county where such courts have been combined a decennial federal census shows that such county has a population of 60,000 or more, and such fact is certified by the secretary of state to said court of common pleas and entered upon its journal, the probate court shall be re-established in such county, and a probate judge shall be elected for the regular, term at the next ensuing election in an even numbered year, and the records of the probate division of the court of common pleas shall be delivered to such re-established probate court upon the entry into office of an elected probate judge. (103 v. 962.) BUILDING BONDS. SECTION 2333. When county commissioners have determined to erect a court house or other county building at a cost to exceed twenty-five thousand dollars, they shall submit the question of issuing bonds of the county therefor to vote of the electors thereof. If determined in the affirmative, within thirty days thereafter, the county commission BUILDING BONDS. ers shall apply to the judge of a court of common pleas of the county who shall appoint four suitable and competent freehold electors of the county, who shall in connection with the county commissioners constitute a building commission and serve until its completion. Not more than two of such appointees shall be of the same political party. (98 v. 53 § 1.) * ** * * * county com SECTION 5638. The county commissioners shall not Powers of levy a tax, appropriate money or issue bonds for the pur-missioners pose of building county buildings, purchasing sites there- limited. for, or for land for infirmary purposes, the expenses of which will exceed $15,000.00, except in case of casualty, and as hereinafter provided; or for building a county bridge, the expense of which will exceed $18,000.00, except in case of casualty, and as hereinafter provided; or enlarge, repair, improve, or rebuild a public county building, the entire cost of which expenditure will exceed $10,000.00; without first submitting to the voters of the county, the question as to the policy of making such expenditure. (102 v. 447.) passage of SECTION 5639-1. When the board of county com- Submission to missioners desires to submit such question to the voters of vote after the county, it shall pass and enter upon its minutes a resolu- resolution. tion declaring the necessity of such expenditure, fixing the amount of bonds to be issued, if any, in connection therewith, and fixing the date upon which the question of making any such expenditure shall be so submitted, and shall cause a copy of such resolution to be certified to the deputy state supervisors of elections of the county; and thereupon the deputy state supervisors shall prepare the ballot and make other necessary arrangements for the submission of the question to the voters of the county at the time fixed in such resolution. (102 v. 447.) Fif The election shall be held at the regular places for vot- Conduct of ing in such county and shall be conducted, canvassed, and election. certified in the same manner, except as otherwise provided by law, as for the election of county officers. teen days' notice of the submission of any such question shall be given the deputy state supervisors by publication Publication. in at least two newspapers of opposite polities having a general circulation in said county, which notice shall be published once a week for two consecutive weeks, and shall state the amount of such proposed expenditure, the amount of the bonds, if any, to be issued in connection therewith, the purpose for which such expenditure is to be made, and the time of holding such election. (102 v. 447.) SECTION 5640-1. The ballots provided by the deputy Ballot. state supervisors shall have printed upon the same the words, "In favor of the expenditure of $..........for the purpose of ..... and "Against the expenditure of $...... for the purpose of said blanks to be filled with the amount proposed to be More than one question may be submitted. Certificate of result. Bonds to be issued and tax levied. Condemned bridges, tax levy for repair of. May anticipate levy and issue bonds. BUILDING BONDS. expended and the purpose for which said money is to be expended. If the board of county commissioners desire to submit upon the same ballot more than one question as to the expenditure of money for any of the purposes referred to in section 5638, the same may be done by proper resolution and notice, and by separately stating upon said ballot each proposition, as above provided. (102 v. 448.) SECTION 5641-1. When the result of such election has been ascertained, the deputy state supervisors shall certify the same to the auditor of said county and he shall enter the same upon the records of the board of county commissioners. (102 v. 448.) SECTION 5642-1. If a majority of the votes so cast are against the proposed expenditure the board of county commissioners shall not assess a tax or issue bonds therefor. If a majority of the votes cast are in favor of the proposed expenditure, the board of county commissioners shall proceed to issue bonds in any sum not exceeding the amount stated upon said ballots, the proceeds of which shall be used exclusively for the purpose stated upon said ballot, and said board shall levy such amount of tax as may be necessary to pay the interest accruing on said bonds and to redeem them at maturity. (102 v. 448.) SECTION 5643. If an important bridge, belonging to or maintained by any county, becomes dangerous to public travel, by decay or otherwise and is condemned for public travel by the commissioners of such county, and the repairs thereof, or the building of a new bridge in place thereof, is deemed, by them, necessary for the public accommodation, the commissioners, without first submitting the question to the voters of the county, may levy a tax for either of such purposes in an amount not to exceed in any one year two-tenths of one mill for every dollar of taxable property upon the tax duplicate of said county. (R. S. Sec. 2825.) SECTION 5644. If the county commissioners deem it necessary or advisable, they may anticipate the collection of such special tax by borrowing a sum not exceeding the amount so levied, at a rate of interest not exceeding six per cent, per annum, payable semi-annually and may issue notes or bonds therefor, payable when said tax is collected, or the commissioners, without such submission of the question, may proceed under the authority conferred by law to borrow such sums of money as is necessary for either of the purposes before mentioned, and issue bonds therefor. For the payment of the principal and interest on such bonds, they shall annually levy a tax as provided by law. (R. S. Sec. 2825.) NEW COUNTIES. judges of SECTION 2377. The judges of state and county elec- Duties of tions in such new counties, shall be governed in all their elections. duties by the general laws governing elections, so far as they are consistent herewith. (R. S. Sec. 821.) fore belonging SECTION 2378. The judges and clerks of elections in Poll books in the several townships or election precincts, composed in precincts bewhole of territory that originally belonged to any one of to old county. the counties out of which such new county is created, shall cause to be kept two separate poll books and tally sheets for senator and representative, in the same manner that the general poll book and tally sheets are required by law to be kept, one of which shall be deposited with the township clerk, and the other shall be certified, sealed up, and directed, in the same manner as required by law for the return of the general poll book, and conveyed within three days next after the election, by one of the judges thereof, to the deputy state supervisors of elections of the county to which the territory before and at the time of the creation of such new county belonged. (R. S. Sec. 822.) SECTION 2379. The judges and clerks of elections of such townships or election precincts as are composed of territory that originally belonged to two or more of the counties out of which such new county is created, shall cause to be kept two separate poll books and tally sheets for senator and representative, for each portion of territory that originally belonged to different counties, in the same manner that the general poll books and tally sheets are required by law to be kept, one of which shall be deposited with the clerk of the township, and the other shall be certified, sealed up, and directed, in the same manner as required by law for the return of the general poll book, and conveyed within three days after the election by one or more of the judges thereof, to the deputy state supervisors of elections of the county to which the territory before and at the time of the creation of such new county belonged. (R. S. Sec. 823.) Poll books in precincts of old counties. two ог more oath of SECTION 2380. The electors residing in any such town- Vote, chalship or election precinct may vote for senator and repre- lenge, and sentative at the usual place of holding elections in such electors. township or election precinct. Before they receive a ballot for senator and representative, the judges of elections of any such township or election precinct shall put the necessary question to the elector proposing to vote, so as to fix his residence. If the elector is challenged for nonresidence in any particular portion of the township or election precinct, the judges shall swear the elector to the facts, in the same manner as for any cause of challenge. (R. S. Sec. 824.) Returns; how and certified. SOLDIERS' MONUMENT. SECTION 2381. The deputy state supervisors of elecmade, counted, tions shall receive the returns of the election for senator and representative, and be governed thereby in the same manner as if the law creating such new county had not been passed. In making out the returns of such election, they shall receive and count the vote so returned, and certify accordingly, and in all respects be governed by the general laws in regard thereto, so far as they may be consistent herewith, and as if the votes were polled in their respective counties. The deputy state supervisors of elections shall give a certificate to the returning officer for his fees, the same as for like services, to the auditor of their respective counties, and the auditor shall issue a warrant on the treasurer of the county therefor. (R. S. Sec. 826.) Vote on separate ballot. Penalty for delinquency of duty. How fines recovered. May receive bequests for monument. Erection of monument. When tax may be levied. SECTION 2382. All votes for senator and representatives in any such new county, shall during such decennial period, be on a separate ballot. (R. S. Sec. 827.) SECTION 2383. An officer who neglects or refuses to perform a duty charged under provisions of this chapter relating to funds and representation shall forfeit and pay a şum not exceeding one hundred and fifty dollars, at the discretion of the court. (R. S. Sec. 828.) SECTION 2384. All forfeitures imposed by the preceding section shall be recovered, with costs of suit, in a civil action in the name of the state for the use of the county. (R. S. Sec. 829.) SOLDIERS' MONUMENT. SECTION 2451. The commissioners of a county may receive bequests, donations and gifts for the purpose of erecting within such county a monument in memory of those who died or were killed during the war of eighteen hundred and sixty-one. (R. S. Sec. 891.) SECTION 2452. When, in the opinion of the commissioners, the bequests, donations, or gifts received by them are sufficient there for, they may erect such monument. (R. S. Sec. 892.) SECTION 2453. If a sufficient amount for such purpose is not raised by donations, bequests or gifts, the commissioners may submit to the qualified voters of the county at a general election the question whether a tax not to exceed one-half mill on the dollar shall be levied upon the taxable property of the county for such purpose. Public notice by advertisement in one or more newspapers of general circulation in the county shall be given at least thirty days previous to such election, specifying the amount to be raised by such levy. If it appears that a majority of all the votes cast were in favor thereof, the commissioners shall proceed without delay to make such levy and erect a monument. (R. S. Sec. 893.) |