judges of said courts; and every vacancy that may occur in the office of such additional judge, whether by expiration of his term of service or otherwise, shall be filled as in other cases. JOHN F. FOLLETT, Speaker of the House of Representatives. T. J. GODFREY, President pro tem of the Senate. Passed April 3d 1868. AN ACT Prescribing the duties of directors. trustees, commissioners or other officer or officers to whom is confided the duty of devising and superintending the erection, alteration, addition to, or improvement of any state institution, asylum, or other improvment. Plans of buildings or ment. improve SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the directors, trustees, commissioners or other officer or officers to whom is confided by law the duty of devising and superintending the erection, alteration, addition to, or improvement of any state institution, asylum or other improvement, erected or now being erected, or to be erected by this state; such directors, trustees, commissioners or other officer or officers, before entering into any contract for the erection, alteration, addition to, or improvement, of such institution, asylum, or other improvment, or for the supply of other materials therefor, shall make, or procure to be made, a full, complete and accurate plan or plans of such institution, asylum or other improvement, or of any addition to, alteration or improvement thereof, in all its parts, showing all the necessary details of the work, together with working plans suitable for the use of the mechanics or other builders during the construction thereof, so drawn and represented as to be plain and easily understood, and also accurate bills showing the exact amount of all the different Amount of kinds of materials necessary in the erection thereof, addition thereto, or in the alteration and improvement thereof, to accompany said plan or plans, and also full and complete speci- Specificafication of the work to be done, showing the manner and style tion of in which the same will be required to be done, and giving such directions for the same as will enable any competent mechanic or other builder to carry them out, and afford to bidders all needful information to enable them to understand what will be required in the construction, addition to, alteration or improvement of such institution, asylum, or other material, &c. work. improvement, and to make or cause to be made, a full, accu- Estimate of rate and complete estimate of each item of expense, and the expense. entire aggregate cost of such institution, asylum, or other improvement, or of any addition to, alteration, or improvement thereof, when completed. SEC. 2. That such plans, drawings, representations, bills Approval of general assembly or governor. When notice may be given for proposals. Awarding contracts. When change of plans, &c., may be made. of materials and specifications of work, and estimates of the cost thereof, in detail and in the aggregate, as is required in the first section of this act to be made, shall be, when made, if the general assembly is then in session, submitted thereto for approval, and if the general assembly is not then in session, shall be submitted to the governor, auditor and secretary of state for their approval, and if approved by the general assembly or by said governor, auditor and secretary of state, a copy thereof shall be deposited and safely kept in the office of said auditor of state. SEC. 3. That after such plans, descriptions, bills of materials, and specifications and estimates as are in this act required, are made and approved in accordance with the requirements of this act, it shall be, and is hereby made the duty of such directors, commissioners, trustees, or other officer or officers to whom the duty of devising and superintending the erection, adding to, alteration or improvement of such institution, asylum, or other improvement, as in this act provided, to give or cause to be given public notice of the time and place, when and where sealed proposals will be received for performing the labor and furnishing the materials necessary to the erection of such institution, asylum, or other improvements, or for the adding to, altering or improvement thereof, and a contract or connets, based on such sealed proposals will be made, which notice shall be published weekly for six consecutive weeks next preceeding the day named for the making of such contract or contracts, and in four or more daily papers having the largest cirenlation in the state, and shall state when and where such plan or plans, descriptions, bills and specifications can be seen, and which shall be open to public inspection at all business hours between the date of such notice and the making of such contract or contracts. SEC. 4. That it shall be competent for such directors, trustees, commissioners or officer or officers, if for any cause they fail to make the contract or contracts as herein provided for, on the day named in the notice as in this act required, to continue from day to day until such contract or contracts are made; provided, that such contract or contracts shall be awarded to and made with the person or persons who shall offer to perform the labor and furnish the materials at the lowest price, and give good and sufficient bond for the faithful performance of their contracts in accordance with the plan or plans, descriptions and specifications herein required, which plan or plans, descriptions or specifications, shall be and are hereby made a part of such contract or contracts; and, provided further, that such contract or contracts shall not be binding on the state until they are submitted to the attorney general, and by him found to be in accordance with the provisions of this act and his certificate thereon to that effect made. SEC. 5. That no change of the plan or plans, descriptions, bills of materials or specifications shall be made or allowed, after they are once approved and filed with the auditor of state as herein required, until such proposed change has received the approval of the general assembly, if in session, and if not in session, the approval of the governor, auditor and secretary of state; and when so approved, the plan or plans of such change, with the description thereof and the specifications of the work and bills of material, shall be filed with the auditor of state in the same manner as required before such change was made, and no allowance whatever shall be made for work performed or materials furnished under such change of plan or plans, or descriptions or specifications, or bills of materials, unless before such labor is performed and materials furnished, a contract or contracts therefor is made, which contract or contracts shall show distinctly the nature of such change, and shall be subject to all the conditions and provisions herein imposed upon the original contracts, and be subject, also, to the approval of the attorney general, as herein before provided. plans, bills, fled with auditor of state. &c., to be SEC. 6. That in all cases where a contract or contracts Copies of has or have been made in accordance with the provisions of contract, existing laws, and before the taking effect of this act, copies of such contract or contracts, with the plan or plans, descriptions, estimates, bill of material and specifications upon which the same are based, together with a distinct statement of the amount, kind and description of labor performed under such contract or contracts and of materials furnished, the amounts paid on account of such labor and materials, and the amount due thereon, showing by actual measurement the amount of the labor performed and materials furnished, shall be forthwith filed with said auditor of state, and all payments thereafter made on account of such contract or contracts shall be in accordance with the provisions of this act. SEC. 7. That no contract or contracts shall be made for the labor or materials herein provided for, at a price in excess of the estimates in this act required to be made. SEC. 8. At the time or times named in the contract or contracts made and filed with the auditor of state, or which had been previously been made and filed with the auditor of state, in accordance with the provisions of this act for payment to the person or persons with whom such contract or contracts had been made, it shall be and is hereby made the duty of the directors, trustees, commissioners or other officer or officers to whom is confided the duty of superintending the erection of such institution, asylum or improvement, or of adding to, altering or improving the same, to make or cause to be made, a full, accurate and detailed estimate of the various kinds of labor and materals performed and furnished under such contract or contracts, with the amount due for each kind of labor and material, and the amount due in the aggregate, which estimate shall be based upon an actual measurement of the labor and materials so performed and furnished, which estimates shall, in all cases, give the amounts of the preceding estimate or estimates, and the amount of labor performed and material furnished since the last estimate, which estimate or estimates so made, as in this act required, shall be recorded in a book for that purpose to be provided, and kept or caused to be kept by the said directors, trustees, commissioners or other officer or officers, and a Prices not to exceed con tracts. Detailed es timate of labor and materials. Auditor of state to examine esti mates and is sue warrants. Five per cent. to be retained as security. Payment of warrants. Penalty for changing plans, making false estimates, &c. certified copy thereof addressed to the auditor of state by the said directors, trustees, commissioners, or other officer or officers, or as such person as they may designate for that purpose, delivered to the contractor or contractors entitled thereto. SEC. 9. That it shall be the duty of the auditor of state, when such estimate, so certified as in this act required, is presented to him, to compare, or cause the same to be carefully Compared, with the contract or contracts under which such labor or materials was done or furnished, and if there had been any previous estimates, then with such estimates; and if upon such comparison he shall find such last named estimates in all respects correct, he shall number the same, place the original on file and have a record thereof made, and give to the person or persons enti:led thereto, taking his or their receipt therefor, a warrant on the treasurer of state for the amount shown by such estimate or estimates to be due, less the amount of five per cent. thereon which shall be retained as additional security for the faithful performance of such contract or contracts, and shall be forfeited to the state in the event of a failure by such contractor or contractors to conform in good faith to the terms and conditions of such contract or contracts; but where the labor to be done and performed under such contract or contracts is completed or materials furnished, and a final estimate thereof is made the auditor of state shall include in the warrant or warrants for the amount of such last estimate the per centage retained on former estimates as herein required; provided, that such per centage shall not [be] retained on estimates made under existing contracts unless the same is authorized by the terms thereof. SEC. 10. The treasurer of state shall pay the warrants issued by the auditor of state under and by virtue of the provisions of this act, placing the same on file and keeping a register of the names of the person or persons to whom such warrants are paid. SEC. 11. Any director, trustee, commissioner or other officer or person otherwise appointed, and whose duty it is to superintend, in whole or in part the erection of such institution, asylum or improvement, or of adding to, altering or the improvement thereof, or the making of the plans, descriptions and specifications of the labor to be performed and materials to be furnished as provided in this act, and the estimates of the cost thereof, or the estimates of the amount of labor done and materials furnished from time to time under and in accordance with the terms and conditions of the contracts in this act authorized to be made, and the provisions of this act, who shall, in the performance of the duty herein imposed upon him or them, knowingly permit the work to be done in any other mode or manner than as prescribed in such plans, descriptions and specifications, or with a material different from that required by such bills of material, or shall knowingly make false estimates of the labor done and materials furnished, either in the quantity or price thereof, shall be deemed and held guilty of a misdemeanor, and upon con viction thereof, shall be confined in the penitentiary of this state for a term of not less than one nor more than five years, and be liable to the state for double the amount the state may bave lost, or be liable to lose, because thereof. SEC. 12. It shall be the duty of the attorney general to have charge of and direct all the proceedings necessary to enforce the contracts authorized by this act and the provisious of this act against such person or persons as become liable to the penalties herein prescribed. SEC. 13. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. President pro tem. of the Senate. Duties of attorney general. Passed April 3, 1868. AN ACT To authorize the incorporation of union depots. of association with SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the presidents of two or more railroad Presidents of companies running railroads to the same town or city, may, companies to by the consent and under the direction of their respective file articles boards of directors file articles of association in the office of the secretary of state for the purpose of purchasing depot grounds and locating, constructing, keeping up and main- state. taining a common or union station house and passenger depot, and a union railroad by two or more tracks connecting the railroads of such companies for business purposes. The secretary of said articles of association shall specify: 1. The name as- Specification sumed by such union company. 2. The names of the said of articles. railroad companies and the town or city where such union depot and connection tracks are proposed to be made. 3. The amount of capital stock necessary to obtain a site and construct and maintain said depot and tracks; the said articles signed by said president in behalf of said railroad companies, with the corporate seals of said companies thereto annexed, shall be forwarded to the secretary of state, who shall record and preserve the same in his office, and a copy thereof duly certified by the secretary of state under the great seal, shall be evidence of the existence of such company; and thereafter such union corporation may contract and be contracted with, sue and be sued, and shall have full power to locate and take releases of right of way, depot grounds, and ap[pro]priate so much land as may be necessary for such union depot and tracks. SEC. 2. The respective railroad companies whose board of directors authorize the filing of said articles of association, or assent thereto, shall each be held to own and be liable to pay an equal proportion of the capital stock for the purpose herein before mentioned, and the provisions of the fifth, sixth, Capital stock |