Proceedings in case of failure of parties to portion set off to them. in the manner and time specified, it shall be the duty of said commissioners to let said work at public sale, and take a bond, payable to the state of Ohio, of the person or persons excavate the to whom said work is let, with good and sufficient sureties for the faithful performance of the same within a specified time; and on completion of the work thus let, and acceptance by said commissioners, the auditor shall issue a certificate to the persons doing said work, for the sum due them, and shall enter the amount of said certificate upon the duplicate of the county against the tract or lot benefited by the opening of that portion of said ditch, together with legal interest, and the amount so entered shall be collected by the treasurer of the county as other taxes, and paid by him to the person holding said certificate: Provided, however, that in no case shall said work be sold or let by the said auditor at a greater price than twenty per cent. above the estimated value fixed by said surveyor, as hereinbefore provided; and, provided further, that no person having an official duty to perform about said ditch, shall be interested directly or indirectly in any contract for the construction of such ditch. Any contract in which any of the said officers shall be interested, shall be deemed fraudulent and void. All the expenses attending the letting of said work, except as hereinafter provided, shall be assessed against the land to which said work was apportioned, and collected as taxes by the treasurer, and paid to the persons to whom the same was due. As to cases of ditches in more than one county. Section 22. In all cases where any proposed ditch shall be in more than one county, application shall be made to the commissioners of each of said counties, and the county surveyor or engineer must make a report for each county, and application for damages must be made in the county where the land is situated, and a majority of the commissioners in each county, when in joint session, shall be competent to locate and establish the ditch: Provided, that no commissioner shall serve in any case where he is personally interested. Any two commissioners may form a quorum for the transaction of business under this act in their respective counties. SEC. 2. That original sections two, three, thirteen, fourteen and twenty-two of the act to which this is au amendment, be and the same are hereby repealed. SEC. 3. This act to take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. President pro tem. of the Senate. Passed March 28, 1873. AN ACT To amend section 562 of an act to provide for the organization and government of municipal corporations, passed May 7, 1869, and as amended and took effect April 18th, 1870. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section (562) of the above named act be amended so as to read as follows: Section 562. When the corporation shall make any im. provement or repair provided for in this chapter, and in chapters forty-nine and fifty, the cost of which will exceed five hundred dollars, it shall proceed as follows: First-It shall advertise for bids for the period of two weeks in some newspaper published or of general circulation in said corporation, and two if there are so many, and if no news paper is published therein, then by posting up such adver tisement in three public places therein, and if the estimated cost exceeds five thousand dollars, then four weeks. Second-The bids shall be filed with the clerk, or with the board of improvements, where such board exists, sealed up, by twelve o'clock at noon, on the last day, as stated in the advertisement. Third-The bids shall be opened at the next regular meeting of the council or board of improvements, as the case may be, and publicly read by the clerk, and filed. Fourth-Each bid shall contain the full name of every person interested in the same, and shall be accompanied by a sufficient guaranty of some disinterested person, that if the bid is accepted a contract will be entered into, and the performance of it properly secured. Fifth-If the work bid for embraces both labor and materials, each shall be separately stated, with the price thereof. Sixth-None but the lowest responsible bid shall be accepted, when such bids are for the labor or materials separately; but the council may, at its discretion, reject all the bids, or it may at its discretion accept any bid for both labor and material, which shall be the lowest aggregate cost of such improve. ment or repairs. Seventh-The contract shall be between the corporation and the bidder, and the corporation shall pay the contract price for the work in cash; provided, however, that the contract price may be paid in assessments, as the council in its discretion may have previously determined. Eighth-If two or more bids are equal in the whole or any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided between them. Ninth-When there is reason to believe there is any collusion or combination among the bidders, or any number of them, the bids of those concerned therein shall be rejected. SEC. 2. That section 562, as amended April 18, 1870, be and the same is hereby repealed. Re Proceedings in making improve ments or re pairs. SEC. 3. This act shall take effect from and after its pas sage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed March 29, 1873. Ref Extension of First board of commis sioners to be appointed by governor. Act repealed, AN ACT Supplementary to an act entitled "An act authorizing the appointment of Metropolitan Police Commissioners in cities of the first class with a population of less than one hundred thousand inhabitants at the last federal census," passed April 5, 1866, as amended and supplemented April 7, 1868, and March 11, 1872, and to repeal an act therein named. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the provisions of an act entitled "an act authorizing the appointment of metropolitan police commissioners in cities of the first class with a population less than one hundred thousand inhabitants at the last federal census," passed April 5, 1866, as amended and supplemented April 2, 1868, and March 11, 1872, be and they are hereby extended, so far as the same are applicable, to cities of the second class having a population of more than thirty thousand and less than thirty-five thousand inhabitants at the last federal census: Provided, that the first board of commissioners in said cities of the second class, shall be appointed by the governor, and shall hold their office for one, two, three and four years, respectively, from the first Monday of April, 1873, and until their successors are elected and qualified, as provided in said act. The respective terms of office of said commissioners, appointed as above provided, to be, by them, determined by lot. SEC. 2. That an act entitled "An act to amend section one of an act entitled an act to repeal an act entitled an act supplementary to an act entitled an act authorizing the appointment of metropolitan police commissioners in cities of the first class with a population of less than one hundred thousand inhabitants at the last federal census, passed April 5, 1866, passed March 29, 1867, and to provide a police for cities of the second class, passed April 16, 1868," passed May 6, 1869, be and the same is hereby repealed; and the cities therein mentioned, except as herein provided, shall organize their police under the general laws applicable to that subject: Provided, that the officers of police and the regular police now in office, in cities acting under the above recited act, passed May 6, 1869, shall continue in office until their successors are appointed and qualified. SEC. 3. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed March 29, 1873. AN ACT Further supplementary to the act entitled "An act defining the jurisdiction and regulating the practice of Probate Courts," passed March 14, 1853, and the aet supplementary thereto, and to amend said act, passed May 1, 1854. (S. & C., 1218.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the probate judges of the several coun ties in this state, for completing any business commenced and left unfinished during the terms of their respective predecessors in office, shall be entitled to charge and receive the fees prescribed by law; and that in all cases where any probate judge has heretofore completed or may hereafter complete such unfinished business, and any predecessor in office has received the fees therefor, or any part thereof, he may obtain the amount of the fees therefor, paid to such predecessor, from the county treasury, in the mode provided by the act entitled "An act supplementary to the act entitled an act defining the jurisdiction and regulating the practice of probate courts, passed March 14, 1853, and the act supplementary thereto, and to amend said act," passed May 1, 1864, (1854,) passed March 4, 1865, (62 volume, 33); and that when any moneys shall have been paid out of the county treasury to any person, under this act, it shall be the duty of the prosecuting attorney of the proper county to collect the same by suit on the official bond of the probate judge who shall have originally received such fees as aforesaid, and pay the same into said treasury. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. President pro tem. of the Senate. Fees of probate judges for certain services. Passed March 29, 1873. Board of pclice commisstocers in certain cit Council to divide cities AN ACT To establish a Board of Police Commissioners in certain cities of the first class. SECTION 1. Be'it enacted by the General Assembly of the State of Ohio, That in all cities of the first class having at the last federal census a population of two hundred thousand and over, the police powers and duties shall be vested in and exercised by a beard to be known and hereby established as the "Board of Police commissioners." SEC. 2. Within one week after the passage hereof, the council or common council of such city shall, by joint resolumtodistricts. tion, divide said city into four districts, to be designated and known as the police districts Nos. one, two, three and four. Each of said police districts shall be composed of contiguous wards, and they shall be as nearly uniform in population and shape as possible; the disparity in population between any two of said districts, shall not exceed one thousand. The council or common council failing to so district such city within the time above specified, the superior court of such city shall immediately proceed to do so in the manner above designated. Composition of board of police com Filling of vacancies. Organ of hoard. SEC. 3. Said board of police commissioners shall be composed of the mayor of said city, who shall be a member and ex officio president, and four commissioners, to be elected by the qualified electors of such city, in the following manner, viz: At the first regular annual municipal election held in such city after the passage hereof, and after five days notice there. of by proclamation of the mayor of such city, the qualified electors of each police district, established as hereinbefore provided, shall elect one police commissioner; one to serve for one year, one for two years, one for three years, and one for four years; their respective terms to be designated by lot. At every subsequent regular annual municipal election, one police commissioner shall be elected for the term of four years, by the qualified electors of that police district in which a regular vacancy occurs. SEC. 4. Vacancies occurring by any cause in said board, except in case of death, resignation, or removal of the mayor, shall be filled by election by the common council of such city, which person or persons so elected shall hold the office only until a successor or successors shall be elected and qualified at the next regular annual municipal election, to serve during the residue of the unexpired term. Said commissioners shali serve without compensation. Said police commissioners shall each be citizens of the United States, and five years, at least, resident citizens of the city in which they shall be elected. SEC. 5. Within two weeks after the election of such police commissioners in any city authorized by this act, the said commissioners, together with the mayor, shall organize as the board of police commissioners of such city, by each commis |