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RELEASE OF TREASURERS AND SURETIES.

demands of such county, township, city, village or school district, for loss so created and arising. (99 v. 388 § 1.)

release.

SECTION 2304. Before such release and discharge What finding shall be effected, the board of county commissioners, town- necessary to ship trustees, city or village council or board of education shall find that the treasurer was entrusted by law with the care of such public funds, and that the loss thereof was not occasioned by his fault or negligence, and an entry of such findings shall be made upon the record book of the proceedings of such council or board. (99 v. 388 § 1.)

finding.

SECTION 2305. Within five days after such finding of Appeal from release and discharge is made, a taxpayer of such county, township, municipality or school district, may appeal therefrom to the common pleas court of the county. Until such appeal is finally determined, the finding and other proceedings shall not effect a release and discharge. Notice in writing of intention to appeal shall be filed with the clerk or auditor of the board or council making the findings within five days. Within thirty days after such finding, a transcript thereof and of the other proceedings shall be filed in the common pleas court and docketed as other cases. (99 v. 388 § 1.)

court.

SECTION 2306. The common pleas court shall proceed Trial in to try and determine the question whether such public funds mon pleas were lost by the fault or negligence of the treasurer. If it be found that the funds were so lost, the finding of the board or council ordering the discharge shall be vacated. If it be found that the funds were not so lost, the finding shall remain in full force and the court shall cause its judgment to be certified to the board or council making such finding. (99 v. 388 § 1.)

com

be submitted

to vote.

SECTION 2307. If the finding of such county commis- Questions may sioners, township trustees, city or village council or board of education, as the case may be, has been made and entered on the record book of its proceedings, such board or council may, at the next ensuing general election to be held in the county, township, city, village or school district. submit to the qualified electors thereof, the question whether such treasurer and the sureties upon his official bond shall be discharged from liability on account of such loss oi funds. (99 v. 388 § 1.)

mission to

SECTION 2308. If twenty-five per cent. of the quali- Electors may fied electors of such county, township, city, village or school demand subdistrict, petition the council or board thereof for the privi- vote. lege of determining by ballot whether such treasurer and the sureties on his official bond shall be released and discharged, such council or board shall submit the question to the qualified electors of the county, township, city, village or school district as herein provided. (99 v. 388 § 1.) SECTION 2309. The deputy state supervisors of Notice of elec elections of the county, or within which such township, city, given. village or school district is located, shall cause notice of the submission of such proposition to the electors thereof.

tion shall be

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GREATER TAX RATE,

For the release of a county or city treasurer the notice shall be by publication in two newspapers of opposite politics in the county or city, for at least thirty days next prior to the date upon which the election is to be held. For the release of a village or township treasurer, twenty days' notice of the election shall be given by posting notices thereof in five public places within such village or township. For the release of a school treasurer, ten days' notice of such election shall be given by posting notice thereof in five public places in the school district. (98 v. 122 § 2.)

SECTION 2310. The ballots for such election shall have printed thereon "Discharge of treasurer and sureties-yes." "Discharge of treasurer and sureties-no." Such ballot shall have a place at the left of each proposition for the voter to mark according to law, the proposition he favors. (98 v. 122 § 3.)

SECTION 2311. If a majority of the votes cast upon such proposition at the election are in favor of the discharge of such treasurer and his sureties, the county commissioners, township trustees, city or village council or board of education, as the case may be, shall cause the result of the election to be entered in the record book of its proceedings ordering such election, and thereupon shall release and discharge such treasurer and his sureties on his official bond from all liability on account of such loss. If a majority of the votes cast are against the discharge, the result of the election shall be made in the record book of proceedings of the council or board, and no further action therein shall be taken by such council or board. (98 V. 122 § 4.)

GREATER TAX RATE.

Sec. 5649-5. The county commissioners of any county, the council of any municipal corporation, the trustees of any township, or any board of education may, at any time, by a majority vote of all the members elected or appointed thereto, declare by resolution that the amount of taxes that may be raised by the levy of taxes at the maximum rate authorized by sections 5649-2 and 5649-3 of the Genera! Code as herein enacted within its taxing district, will be insufficient and that it is expedient to levy taxes at a rate, in excess of such rate and cause a copy of such resolution to be certified to the deputy state supervisors of the proper county. Such resolution shall specify the amount of such proposed increase of rate above the maximum rate of taxation and the number of years not exceeding five during which such increased rate may be continued to be levied. (102 v. 272.)

Sec. 5649-5a. Such proposition shall be submitted to the electors of such taxing district at the November election that occurs more than twenty days after the adoption of such resolution. The deputy state supervisors shall prepare the ballots and make the necessary arrangements for the submission of such question to the electors of such tax

EXPERIMENT FARMS.

ing district, and the election shall be conducted, canvassed
and certified in like manner, except as otherwise provided
by law, as regular elections in such taxing district for the
election of officers thereof. Twenty days' notice of the Notice.
election shall be given in one or more newspapers printed
in the taxing district once a week for four consecutive weeks
prior thereto, stating the amount of the additional rate to
be levied, the purpose for which it is to be levied, and the
number of years during which such increased rate may be
continued to be levied, and the time and place of holding
the election. If no newspaper is printed therein, the notice
shall be posted in a conspicuous place and published once
a week for four consecutive weeks in a newspaper of gen-
eral circulation in such taxing district.

The form of the ballots cast at such election shall be: Ballot.
"For an additional levy of taxes for the purpose of
....mills, for not to

exceed

.not exceeding

...years, Yes."

"For an additional levy of taxes for the purpose of

exceed

not exceeding

...mills, for not to ..years, No." (102 v. 272.)

Sec. 5649-5b. If a majority of the electors voting Result. thereon at such election vote in favor thereof, it shall be lawful to levy taxes within such taxing district at a rate not to exceed such increased rate for and during the period provided for in such resolution, but in no case shall the combined maximum rate for all taxes levied in any year in any county, city, village, school district, or other taxing district, under the provisions of this and the two preceding sections and sections 5649-1, 5649-2 and 5649-3 of the General Code as herein enacted, exceed fifteen mills. (103 v. 57.)

COUNTIES.

EXPERIMENT FARMS.

Section 1174.

Establishment

of county exfarms.

periment

SECTION 97. In order to demonstrate the practical application under local conditions of the results of the investigations of the Ohio agricultural experiment station, and for the purpose of increasing the effectiveness of the agriculture of the various counties of the state, the commissioners of any county in the state are hereby authorized and empowered to establish an experiment farm within such county as hereinafter provided for. (103 v. 324.) SECTION 98. The county experiment farms established Section 1175. under this act shall be used for the comparison of varieties and methods of culture of field crops, fruits and garden vegetables; for the exemplification of methods for controlling insect pests, weeds and plant diseases; for experiments in the feeding of domestic animals and in the control of animal diseases; for illustrations of the culture of forest trees and the management of farm woodlots; and for the demonstration of the effects of drainage, crop rota

Purposes for

which experi

ment farms

Section 1176.

Petition for

question;

notice.

COMBINING PROBATE AND COMMON PLEAS COURTS.

tion, manures and fertilizers, or for such part of the above lines of work as it may be practicable to carry on. (103) v. 324.)

SECTION 99. Upon the filing of a petition with the county auditor signed by not less than five per cent. of the submission of electors based upon the vote for governor at the last preceding election, residing within the county, the commissioners of such county shall submit to the qualified voters of such county a proposition to establish an experiment farm within such county, and to issue notes or bonds for the purchase and equipment of such farm, such proposition to be voted upon at the next general election following the receipt of the petition by the commissioners. Notice of the intention to submit such proposition shall be published by the county commissioners in two newspapers of opposite politics printed and of general circulation in said county, for at least four weeks prior to the election at which the proposition is to be voted upon, together with a statement of the maximum amount of money which it is proposed to expend in the purchase and equipment of such farm. (103 v. 324.)

Section 1177.

Form of ballot.

Section 1177-1.

Tax levy.

Section 1604-1.

Petition for

question of

combining probate and

common pleas courts.

SECTION 100. The county auditor shall file a written request with the board of deputy supervisors of elections asking for the preparation of the necessary ballots, which ballots shall be separate and apart from all other ballots, and which ballots shall have printed thereon "Tax for experiment farm-Yes"; "Tax for experiment farm-No." The result of such election shall be ascertained by the board of deputy supervisors of elections and the result thereof certified to the county auditor. (103 v. 325.)

SECTION 101. If a majority of the electors voting on such proposition in the county, are in favor of establishing such experiment farm, then the commissioners of the county shall levy a tax on all the taxable property in such county as listed for taxation on the county duplicate, which levy shall not exceed one-fifth of one mill on the dollar of the taxable property of the county in any one year, nor shall the aggregate of all levies for such purposes exceed two mills on the dollar. (103 v. 325.)

COMBINING PROBATE AND COMMON PLEAS
COURTS.

SECTION I. Whenever ten percentum of the number of electors voting for governor at the next preceding elecsubmission of tion in any county having less than sixty thousand population, as determined by the next preceding federal census, shall petition a judge of the court of common pleas of any such county not less than ninety days before any general election for county officers, for the submission to the electors of such county the question of combining the probate court with the court of common pleas of such county, such judge shall place upon the journal of said court an order requiring the sheriff to make proclamation that at the next

COMBINING PROBATE AND COMMON PLEAS COURTS.

ensuing general election there shall be submitted to the electors of such county the question of combining the probate court with the court of common pleas of such county. The clerk of courts shall, thereupon, make and deliver a certified copy of such order to the sheriff, and the sheriff shall include notice of the submission of such question in his proclamation of election for the next ensuing general election. (103 v. 960.)

SECTION 2. Each elector joining in a petition for the submission of said question shall sign the same in his own handwriting (unless he cannot write and his signature is made by mark) and shall add thereto the township, precinct or ward of which he is a resident. Such petition need not consist of but one paper, but may consist of as many parts as may be found convenient. One of the signers to each separate paper shall swear before some officer qualified to administer the oath that the petition is bona fide to the best of his knowledge and belief, and such oath shall be a part of or attached to such paper. The judge upon receipt of such petition shall deposit the same with the clerk of courts.

Section 1604-2.

How petition

shall be

signed;

verification.

No signature shall be taken from or added to such petition after the same has been filed with the judge. When so deposited such petition shall be preserved and be open under proper regulations to public inspection, and if it is in conformity with law, it shall be deemed to be valid, unless objection thereto is duly made in writing by an elector of the county within five days after the filing thereof. Such objections, or any other questions arising in the course of Objections. the submission of the question of combining said courts, shall be considered and determined by the judge of the court of common pleas, and his decision shall be final. (103 v. 961.)

SECTION 3. The election upon the question of combin- Section 1604-3. ing said courts shall be conducted in all respects as provided Conduct of by law for the election of county officers, so far as said law election; form may be applicable.

The board of deputy state supervisors of elections shall provide separate ballots, ballot boxes, tally sheets, blanks, stationery, and all such other supplies as may be necessary in the conduct of such election.

Such ballots shall be printed with the affirmative and negative statement thereon, to-wit:

The Probate Court and the Court of Common
Pleas shall be combined.

of ballot.

The Probate Court and the Court of Common
Pleas shall not be combined.

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