and election of directors. may deem expedient, after having given at least ten days' notice in a newspaper published or generally circulated in the Meeting of county where such bridge is to be built; and as soon as ten per stockholders, centum of the capital stock shall be subscribed, they shall give notice for the stockholders to meet at such time and place as they may designate, for the purpose of choosing seven directors, who shall be stockholders in said company, and one of whom shall be president, to be named on the tickets when voted for by the stockholders, as aforesaid; said president and directors shall be chosen by ballot, by such of the stockholders as shall attend for that purpose at the time and place appointed, either in person or by lawful proxies; and each share shall entitle the owner to one vote, and a plurality of votes shall be necessary for a choice; but after the first election no person shall vote on any share on which any installment is due and unpaid. A majority of said directors shall form a board, and be competent to fill vacancies in their board, make by-laws, appoint officers and agents other than the president, and transact all business of the corporation. And a new election for president and directors shall be held annually at such time and place as the stockholders at their first meeting may determine, but a majority of the stockholders in interest may, at any regular annual meeting, change the time of the annual meeting of said company. Annual election of presi dent and directors. SEC. 4. That said company shall have full power to construct and maintain a bridge, as aforesaid, with suitable avenues or approaches leading thereto, and said bridge may be constructed either with a single span, or with a draw, as the company may determine; but in either case, in order that said bridge may not obstruct the navigation of said river, the same shall be built in accordance with the provisions of an act of congress, approved July 14, 1862, entitled "an act to establish certain post roads," or of any act that congress may hereafter pass on the subject. SEC. 5. That said company shall have the power to purchase, or to appropriate in the manner provided by law, and hold, such real estate as in the opinion of the directors of said company will be required for the site of such bridge, and of suitable avenues or approaches leading thereto, or may locate the same on any public street, road or avenue; and said company shall be responsible for injuries done to private property, adjacent or near to such bridge, by its location and construction, which may be recovered in a civil action brought by the owner or owners at any time within two years from the completion thereof. SEC. 6. That said company shall have the right to fix reasonable rates of toll and collect the same for all persons, animals, vehicles and property passing or transported over said bridge; provided, that such rates of toll shall at no time exceed those collected at the Covington and Cincinnati bridge, and that said company shall set up and keep in a conspicious place at each end of said bridge a board on which such rates of toll shall be written, painted or printed, in a plain and legible manner. Bridge may be used by railway com pany. SEC. 7. That said company may lay down a railway track or tracks upon said bridge and its approaches, and shall have the right to contract at any agreed sum or rate, with any railroad company organized in this state under any general or special law, or any railroad company organized in any other state of the United States for the use of said bridge, by the engines and cars, and for the purposes of said railroad company; and any such railroad company organized, or that may hereafter be organized in this state, is hereby authorized to enter into such contract with said bridge company; provided, however, that said bridge company shall Proviso as to not have the right to charge or collect from such railroad tolls. company for the use of said bridge in the transportation over the same, of cars, railroad passengers, and freights, a greater toll than the following: For each ton (two thousand pounds), of freight not exceeding fifteen cents; for each railroad passenger not exceeding fifteen cents; for each passenger, baggage, mail and express car not exceeding one dollar; for each eight wheeled fright car fifty cents; for each four wheeled freight car not exceeding twenty-five cents. SEC. 8. That said company shall have power to borrow money on the credit of the corporation, not exceeding its authorized capital stock, at any rate of interest not exceeding seven per cent. per annum, and may execute coupon bonds or other evidences of indebtedness therefor, and to secure the payment of the same, may pledge or mortgage all or any of the property, rights, income, profits and franchises of the corporation. And the directors of said company are authorized to sell, negotiate or pledge any bonds, notes or other evidences of indebtedness issued in the name of the company, to raise money thereon for the use of the company, at such times and at such places, either within or without this state, and for such prices and at such rates of discount as they may deem best; and the same or any portion thereof may be made and issued, convertible into stock of the company, on such conditions as the directors may prescribe. And upon the foreclosure of any mortgage made upon the bridge land and franchises of the company, and the sale of the property mortgaged, such sale shall pass to the purchaser or purchasers, the corporate franchises of such company, as fully as the company held them at the time such mortgage was executed. SEC. 9. That any railroad company or other private corporation organized under any general or special law of this state, may become a subscriber to the capital stock of said bridge company, to an amount not exceeding one-third of such stock, or may purchase or take by way of pledge any of the bonds or other evidences of indebtedness issued by said bridge company. SEC. 10. That said company shall have the right to consolidate its capital stock with the capital stock of any bridge company in an adjoining state authorized to construct a bridge across the Ohio river, in the manner prescribed for the consolidation of railroad companies by an act passed April 10, 1856, entitled "an act to authorize the consolidation of railroad companies in this state with railroad com Company may borrow issue bonds, money and &c. Railroad companies or private corporations may become stockholders. Consolida tion of capital stock. Span and altitude of bridge. panies of states adjoining in certain cases, and to authorize railroad companies in this state to extend their roads into adjoining states," and the two companies shall thereupon be merged into one corporation, possessing within this state all the rights, privileges and franchises, and subject to all the restrictions, disabilities and duties of such corporation of this state so consolidated. SEC. 11. That any such company may fix or change the span and altitude of any bridge which it may erect and construct across the Ohio river; provided, that the span of any such bridge be not less than three hundred feet in the clear over the main channel, and not less than two hundred and twenty feet in the clear in one of the next adjoining spans, and the height of the bridge in the center of the span over the main channel shall not be less than one hundred feet above the surface of the water at low water measuring for such elevation to the bottom chord of the bridge, and such height above extreme high water mark, as may be provided in any act of congress now in force, or which may hereafter be passed; but this section shall not apply to any bridge built with a draw in accordance with the provisious of an act of congress, approved July 14, 1862, entitled "an act to establish certain post roads," or any act that congress may hereafter pass on the subject. SEC. 12. 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. Passed April 3, 1868. Election of additional judge. AN ACT To provide for the election of an additional judge of the court of common pleas for the third subdivision of the seventh judicial district. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That for the seventh judicial district there shall be one additional judge of the court of common pleas, who shall be a resident of the third subdivision of said district, being the counties of Athens, Washington, Gallia and Meigs, and be elected by the qualified voters of said counties, at the next annual election for state and county officers, in the same manner and for the same time as prescribed by law for the election of other judges of the court of common pleas, and shall be entitled to receive the same salary, possess the same powers, and discharge the same duties as are conferred or enjoined by the constitution and laws of the state upon other 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. 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 improvement. 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 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 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 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 Amount of material, &c. tion of work. 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 contracts, 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 circulation 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, |