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Author and Title

Ohio. Lavs, statutes, etc.
Legislative acts.

Call Number

KFO

A222

Volume
1898

Copy

THIS BOOK DOES NOT CIRCULATE
OUTSIDE THE BUILDING

NAME

LOCATION

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Ohio. Lavs, statutes, etc.
Legislative acts.

KFO

vol

1898

THE STATE OF OHIO.

General and Local Acts

r>ASSED

JOINT RE^SOLUTIONS

ADOPTED

SEVENTY-THIRD GENERAL ASSEMBLY,

AT ITS REGULAR SESSION,

BEGUN AND HELD IN THE CITY OF COLUMBUS, JANUARY 3. 1S98.

VOLUME XCIII.

Columbus, Obio:
PUBLISHED BY STATB AUTHORITY,

J. L. TRAUOBR, STATB PRINTBR.

1898.

GENERAL LAWS.

[Senate Bill No. 1.]

AN ACT

To amend section 3692 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3692 of the Revised Statutes
of Ohio be so amended as to read as follows:

Sec. 3692. There shall be held in the city of Columbus,
on the first Thursday after the second Monday in January,
an annual meeting of the Ohio state board of agriculture,
together with the president of each county agricultural
society, or duly authorized delegate therefrom, who shall,
for the time being, be ex-officio members of the state board
of agriculture, for the purpose of deliberation and consul-
tation as to the wants, prospects and condition of agricul-
ture throughout the state; and at such meeting, the several
reports from the county societies shall be delivered to the
president of the state board of agriculture, and, at the
annual meeting to be held in 1898, there shall be elected five
members of the state board of agriculture, two members
for a term of two years, two members for a term of three
years, and one member for a term of four years; and, at
the annual meeting to be held in 1899, there shall be elected
five members, one member for a term of three years, two
members for a term of four years, and two members for a
term of five years; and annually thereafter there shall be
elected two members whose term shall be five years, and
until their successors are elected.

Section 2. That said section 3692 be and the same is
hereby repealed, and this act shall be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
T. E. CROMLEY,
President pro tern, of the Senate.

Passed January 13, 1898. IG

state board of
asrriculture:

Annual meeting
of board.

Klection of
members; term

Repeals.

[House Bill No. 1.]

AN ACT

To repeal section 2505</ of the Revised Statutes of Ohio as enacted
April 22, 1896 (92 O. i,., 277).

Section 1. Be it enacted by the General Assefnbly of
the State of Ohio, That section 2505d, passed April 22, 189(>, street railroads

GENERAL LAWS.

h [Senate Bill No. IJ

AN ACT
To amend section 3692 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3692 of the Revised Statutes s^«^^^?>«
of Ohio be so amended as to read as follows: ^«nc^ ture.

Sec, 3692. There shall be held in the city of Columbus, Kn^imttHnz
on the first Thursday after the second Monday in January, ^ ^^ '
I an annual meeting of the Ohio state board of agriculture,
i together with the president of each county agricultural
I society, or duly authorized delegate therefrom, who shall,
I for the time being, be ex-officio members of the state board
of agriculture, for the purpose of deliberation and consul-
tation as to the wants, prospects and condition of agricul-
ture throughout the state; and at such meeting, the several
reports from the county societies shall be delivered to the
president of the state board of agriculture, and, at the Election of
annual meeting to be held in 1898, there shall be elected five °**^'"^"^- *
members of the state board of agriculture, two members
for a term of two years, two members for a term of three
years, and one member for a term of four years; and, at
the annual meeting to be held in 1899, there shall be elected
five members, one member for a term of three years, two
members for a term of four years, and two members for a
term of five years; and annually thereafter there shall be
I elected two members whose term shall be five years, and

until their successors are elected.
' Section 2. That said section 3692 be and the same is Repeals,

hereby repealed, and this act shall be in force from and after
its passage.
I HARRY C. MASON,

Speaker of the House of Representatives,
, T. E. CROMLEY,

President pro tern, of the Senate,
I Passed January 13, 1898. IG

members; term

[House Bill No. 1.]

AN ACT

To repeal section 2505</ of the Revised Statutes of Ohio as enacted
April 22, 1896 (92 O. L., 277).

Section 1. Be it enacted by the General Assefubly of
the State of Ohio, That section 2505d, passed April 22, 1890. street railroads

Repeals. of the Rcvised Statutes of Ohio, be and the same i« hereby

repealed.

Section 2. This act shall take effect and be in force
from and after its passage.

, HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES.

President of the Senate.
Passed January 20, 1898. 2G

Appropriation
forseneral as-
sembly.

[House Bill No. 37.]

AN ACT

To make sundry appropriations.

Section 1. Be it atacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated
from any money in the treasury to the credit of the general
revenue fund, and not otherwise appropriated, the sum of
fifty thousand (f50,000) dollars for salaries and mileage
of members, per diem of clerks, sergeant-at-arms and other
officers and employes of the general assembly; one thou-
sand (f 1,000) dollars for contingent expenses of the house;
five hundred (|500) dollars for contingent expenses of the
senate, and one thousand (fl,00O) dollars for expenses of
legislative committees.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed January 19, 1898. 3G

•offenses ap^ainst
public policy:

Penalty for un-
lawful cftlchinsr*
^killing, injurinsT
or pursuing of
{came, destroy-
in » Cfirea or
nests, hunting,
shooting, trap-
4>ing, etc.

[Senate BiU No. 44.]

AN ACT

To amend section 6961 of the Revised Statutes of Ohio, as amended
April 1, 1896, vol. 92, p. 116.

Section 1. Be it enacted by tlie General Assembly of
the State of Ohio, That section 6961 of the Revised Statutes
of Ohio be so amended as to read as follows:

Sec. 6961. No person shall, on any place, catch, kill,
or injure, or pursue with such intent any quail except be-
tween the 10th day of November and the 15th day of
December, inclusive; or any prairie chicken, or squirrel,
except between the 1st day of September and the 15th day
of December, inclusive; or any woodcock, except between
the 4th day of July and the 15th day of November, inclusive;

or any rail, snipe^ killdeer, plover, coot or mud-hen, or any
vnld duck except between the first day of September and
the 10th day of April, inclusive. No person shall, at any
time, catch, kill or injure, or pursue with 3uch intent, any
wild duck or wild goose by the aid or use of any swivel or
punt-gun, or any other gun than a common shoulder-gun ;
or with the aid of, or from any sink^boat or battery, or
by the use or aid of any steamboat, naptha-launch, electric
launch, sail-boat, steam-launch, or any kind of boat what-
soever, except a common rowboat, propelled by oars. No
person shall, at any time, catch, kill or injure, or pursue
with such intent, any of the birds, game or animals men-
tioned in this act, with or by the use of any trap, net or
snare, or destroy any of the eggs, or nests of any of the
birds named in this section. No person shall kill any wild
duck on Sunday, Monday or Tuesday of any week, on any
of tne reservoirs belonging to the state of Ohio, or in or
upon the waters of Lake Erie, and the estuaries and bays
thereof; but nothing herein shall be so construed as to
authorize the killing, catching or pursuing with such intent,
any wild duck on Sunday. No person shall hunt or shoot
or trap, or have in possession in the open air for such pur-
pose, the implements for the hunting, shooting or trapping
of the same, on the first day of the week, called Sunday.
No person shall shoot at or kill any wiW duck before six
o'clock in the forenoon, or after five o'clock in the after-
noon, of any day. Any person violating any of the pro-
visions of this act, shall be guilty of a misdemeanor, and
oa conviction shall be fined as provided in section 6968.
Provided, that nothing herein shall be construed so as to infurious »quir-
prohibit the killing of squirrel by the owner or tenant ^
of any premises where such animals are found injuring
grain, fruit trees, shrubbery or vegetables.

Section 2. This att shall take effect and be in force Repeals, etc»
from and after its passage, and original section 6961, as
amended April 1, 1896, be and the same is hereby repealed.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed January 27, 1898. 4G

[House Bill No. 198.]

AN ACT

Making appropriations for the g^overnor's inauguration.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated Appropriations
from any money in the state treasury to the credit of the iSiJ^iinSi^on*
general revenue fund, not otherwise appropriated, the sum

of ten hundred and ninety-seven dollars and forty-two cents
for the expenses incurred in the inauguration of the gover-
nor-elect on the tenth day of January, 1898, to be paid out
upon vouchers approved by the chairman of the joint com-
mittee having in charge the inauguration ceremonies.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed February 3, 1898. 5G

Additional
jndee in first
subdivision of
tenth district.

First election
and term of
office.

Sheriff's procla-
mation of elec-
tion; returns.

Compensation,
jurisdiction,
powers, duties
and penalties.

[Senate BiU No. 6.]

AN ACT

To provide for the election of an additional judge of the court
of common pleas in the tenth judicial district of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That for the tenth judicial district of the
state of Ohio, there shall be an additional judge of the court
of common pleas, who shall be a resident of the first subdi-
vision thereof, composed of the counties of Hancock, Har-
din, Seneca and Wood, to be elected by the qualified voters
of said counties as herein provided.

Section 2. That the first election for said additional
judge shall be held on the first Monday in April, A. D. 1898,
at the time of the annual election for municipsil and town-
ship officers, under and in pursuance of the general election
laws of the state of Ohio governing the election of judges
of the courts of common pleas; he shall be elected for the
term of five years, beginning on the 18th day of April,
A. D. 1898; and his successor shall be elected at the reg-
ular annual election, which shall be held on the first Tues-
day after the first Monday in November next preceding
the expiration of his term of office, and every five years
thereafter.

Section 3. It shall be the duty of the sheriff of each
county of said first subdivision, at least fifteen days prior
to the first Monday in April, A. D. 1898, and at least fifteen
days prior to the first Tuesday after the first Monday in
November of each year immediately prior to the expiration
of each successive term of office of such additional judge,
to give notice by proclamation according to law of the
time and place for holding the election for such additional
judge, which election shall be conducted and the returns
thereof made in the same manner required by law in case
of election of other judges of the court of common pleas.

Section 4. Said additional judge shall receive the
same salary as other judges of the court of common pleas,
and when so elected and qualified shall have in all respects

the same powers and jurisdiction, be subject to all the
obligations, and discharge all the duties conferred and en-
joined by the constitution and laws of this state upon the
judges of said court; and any vacancy which may occur vacancy,
in the office of such additional judge by death, resignation,
or otherwise, shall be filled as in other cases of vacancy
in the office of judge of said court.

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Passed February 7, 1898. 6G

[House Bill No. 4.]
AN ACT

To amend section 7264 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 7264 be amended so as to change of
read as follows: ^*""* =

Sec. 7264. When the venue is changed, the clerk of proceedings on
the county in which the indictment was found shall make a change of venue,
certified transcript of all the proceedings in the case, which,
together with the original indictment, he shall transmit to
the clerk of the court of the county to which the case is
sent, and the trial shall be conducted in all respects as
if the indictment had been found in that county; the prose- who to try case,
cuting attorney of the county in which the indictment was
found shall take charge of and try the case; and the court, court may ap-
on application, may appoint one or more attorneys to assist ?Sm^nlaUon!*
him in the trial, and allow such compensation as it deems
reasonable ; and the cost accruing from a change of venue, cost ; ho * de-
including the compensation of the attorneys appointed to ^^*y^^-
assist the prosecuting attorney, and the reasonable expense
of the prosecuting attorney incurred in consequence of
such change of venue, and also, including the fees of the
clerk of the court and the sheriff, and the jury fees of
the jury sitting in the trial of the case in the court of the
county to which the venue is changed, shall be allowed
and paid by the commissioners of the county in which
such indictment was found.

Section 2. Said original section 7264 be and the Repeals,
same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representaiives.
THADDEUS E. CROMLEY,

President pro tern, of the Setiate.
Passed February 7, 1898. 7G

Registration of
Und titles; act
repealed.

[House Bill No 71.]

AN ACT

To repeal an act entitled " An act to provide for the registration
of land titles in the state of Ohio, and to simplify and facili-
tate the transfers of real estate," passed April 27, 1896.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That an act entitled "An act to provide
for the registration of land titles in the state of Ohio, and
to simplify and facilitate the transfer of real estate," passed
April 27, 1896, be and the same is hereby repealed.

Section 2. This act shall take effect and be in lorcc
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed February 7, 1898. 8G

I^ibrary associ-
ation in cities
of fourth grade,
second class ;
lery of tax.

Disposition of
tax.

[Senate Bill No. 15.]

AN ACT

To authorize cities of the fourth grade of the second class to
levy a tax for maintenance of a free public and school library.

Section 1. Be it ejiacted by the Getieral Assembly of
the State of Ohio, That in any city of the fourth grade of
the second class, and in which city there is established and
maintained by a public library association duly incorporated,
but not organized for profit, a public library, free to all the
inhabitants of such city, the board of education shall levy
or cause to be levied an annual tax, in addition if need be
to the annual amount of taxes limited by law for school
purposes, of not less than three-tenths and not to exceed
five-tenths of a mill on all the taxable property within such
city and school district, to be called "a public library
fund," which shall be certified to the county auditor of
the county and placed on the tax duplicate of the county,

and collected as other taxes.

Section 2. Said tax when so levied and collected
shall be paid over by the treasurer of the board of educa-

tion to the treasurer of said library association, to be used
only in the purchase of books, pamphlets, magazines or
newspapers, and for general library expenses of said library
association.

Section 3. Said board of education shall require said Association to
library association to render an account as often as it shall
deem proper of all taxes so received by it, and how the
same have been expended, and power to levy a tax under Power to levy
this act shall* continue only so long as said association shall ^***
keep up and maintain in a public place in such city a public
library free to all the inhabitants thereof and to all ptr-
sons residing within said school district.

Section 4. The tax so levied shall be in lieu of all Tax to be in lieu
other taxes levied for school library purposes, and no other
lev}' shall be made for suqh purpose; provided, however. Purchase of
that nothing herein shall prohibit the board of education atn^\e?y*'^'
from purchasing all necessary philosophical or other appa-
ratus for the schools and making necessary levies therefor.

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Setuite.

Passed February 15, 1898. 9G

[House Bin No. 264.]
AN ACT

To amend section 4 of an act entitled "An act to create the office
[of] dairy and food commissioner," as amended April 16, 1896.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, Said commissioner may appoint not to Assistant dairy-
exceed two assistant commissioners, whose salaries shall m^issiS^S!""
be one thousand dollars per year, and necessary traveling
expenses incurred in the discharge of their official duties,
to be paid in like manner with the commissioner's, and on
itemized vouchers approved by said commissioner; the Experts, chem-
said commissioner shall have power to employ such experts, i^*ctoM°and °'
chemists, agents, inspectors and counsel as may by him co""««»
be deemed necessary for the proper enforcement of the
laws, their compensation to be fixed by the commissioner.
All charges, accounts and expenses authorized by this act Payment of ex-
sball be paid out of the state treasury upon vouchers cer- Rl^fon.**'' ''"™"
tified by the commissioner, and upon warrant by the state
auditor. The entire expense of said commissioner shall not
exceed in one year the amount specifically appropriated
for such purposes. All vacancies in the office of the food vacancy in office
and dairy commissioner shall be filled by appointment of sfoSi™"*'*"
the governor until the next general election, then the same

IDisposition of
fines, fees and
-costs.

Office, seal, sta-
tionery and sup-
plies.

.Annual report.

'Repeals.

shall be filled as in the original election. All fines, fees
and costs assessed and collected under prosecutions begun
or caused to be begun by the commissioner, and all fines,
fees and costs heretofore assessed and collected under prose-
cution begun or caused to be begun by the commissioner,
shall be paid by the court to the commissioner, and by
him paid into the state treasury to be credited to the general
revenue fund of the state. The center room on the north
side of the southwest corridor in the capitol building, now
occupied by the dairy and food commissioner, is set apart
for his use wherein shall be kept his books, records and
other property of the office. He shall keep a seal with
which to attest official acts and documents, and shall be
entitled to stationery and supplies from the secretary of
state as are other state officers. The commissioner shall
make an annual report to the governor containing itemized
statements of all receipts and disbursements, attorney fees
in each specified suit brought in this department, and all
persons employed by him, together with such statistics and
other matter as he may regard of value; said reports to
be published as are the other reports of the other state
officers.

Section 2. That section 4 of "An act to create the
office of food and dairy commissioner," as amended April
16, 1896, is hereby repealed, and this act shall take effect
and be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,

Passed February 17, 1898. lOG

[House Bill No. 104.]

AN ACT

-Corporations :

iEvangelical Lu-
theran synod of
•Ohio and ad-
jacent states.

To amend section 1 of an act entitled "An act to incorporate the

Evangelical Lutheran synod of Ohio and adjacent states,"

passed March 23, 1849 (session laws of Ohio, vol. 47, p. 282),

. and as amended April 22, 18S)3 (general laws of Ohio, vol.

90, p. 231).

Section 1. Be it enacted by the Getteral Assembly of
the State of Ohio, That section 1 of an act entitled **An act
to incorporate the Evangelical Lutheran synod of Ohio
and adjacent states," passed March 23, 1849 (laws of Ohio,
vol. 47, p. 282), and as amended April 22, 1893 (general
laws of Ohio, vol. 90, p. 231), be amended so as to read
as follows;

Sec. 1. Be it enacted by the General Assembly of the
State of Ohio, That Jonas Mechling, Frederick C. Becker,
Christian C. Spielman and James Manning, and their asso-
ciates, an organized synod, composed of ministers of the

Evangelical Lutheran church, and lay delegates represent-
ing the said congregations connected with said synod, be
and they are for the purpose of promoting and disseminat-
ing the religious doctrines and principles of their said
church, hereby created a body corporate and politic by the
name of "the Evangelical Lutheran synod of Ohio and
other states," and as such shall continue and have perpetual
succession; and by said corporate name shall be legally
capable of contracting and of prosecuting and defending
suits both at law and in chancery, and of acquiring prop-
erty, real and personal, and mixed, or either of them, either
by purchase, gift, devise, grant or legacy, and of holding,
enjoying and disposing of the same, and also of all prop-
erty of which the said synod is now the legal and rightful
owner; provided, that the annual income thereof shall not
exceed one htmdred thousand dollars.

Section 2. That the said amended section, passed Repeals.
April 22, 1893, be and is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed February 17, 18D8. IIG

[House Bill No. 31.]

AN' ACT

For the benefit of Ephriam Dewolf, of Prairie Depot, Wood
county, Ohio.

Whereas, Section 9085, Revised Statutes of Ohio, Preamble:
passed and took eflfect April 16, 1867 (vol. 66, O. L, 231),
providing for bounties to be paid to soldiers who reen-
listed under the call of the president of the United States,
and.

Whereas, Ephriam Dewolf enlisted in Co. '*A," 36th
regiment, O. V. I., on July 29, 1861, for three years, and
on February 15, 1864, he reenlisted in the same company
and regiment, and served until the close of the war, and
from no fault of his own, there was no credit given him,
for bounty, for reenlisting in the state of Ohio; therefore.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of state be and is hereby warrant in
required to issue his warrant on the state treasurer for the Jfam Sewoif."
sum of one hundred dollars, in favor of Ephriam Dewolf,
to be paid out of the general revenue fund.

Section 2. This act shall take effect from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the ScfuUe.
Passed February 17, 1898. 12G

Police power
of mayor, etc.

Police jiLstice:
appointment ;
term ; jurisdic-
tion ; powers ;
duties, etc.

Repeals.

[House Bill No. 21.]

AN ACT

To amend section 1831 of the Revised Statutes of Ohio, as amended
March 23, 1892, (vol. 89, pages 138-139).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1831 of the Revised Statutes,
of the state of Ohio, as amended March 23, 1892, (vol. 89,
pages 138-139), be amended so as to read as follows:

Sec. 1831. In villages, and cities not otherwise pro-
vided for by law, the council may, upon the recommendation
of the mayor by an affirmative vote of two-thirds of all the
members elected, appoint some justice of the peace, resi-
dent of the corporation or city, a police justice, who shall
during the term of office of such mayor, unless removed on
suggestion of such mayor by a vote of two-thirds of the
members elected of the council, have concurrent jurisdic-
tion of all prosecutions for violations of ordinances of the
corporation or city with full power to hear and determine
the same, and shall have the same powers, perform the
same duties, and be subject to the same responsibilities
in all such cases as are prescribed in the preceding sec-
tions, to be performed by and are conferred on the mayors
of such corporations and cities.

Section 2. That said section 1831 as amended March
23, 1892, be repealed, and this act [shall] take effect and
be in force from and after its passage.

HARRY C. MASON,
Speaker of tlie House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.

Passed February 23, 1898. 13G

[Senate Bill No. 37.]

AN ACT

To amend section 2814 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
Boards of equaii- the State of Ohto, That section 2814 of the Revised Statutes
of Ohio be amended so as to read as follows:

zatiou :

Sec. 2814. The auditor shall lay before the board the
returns made by the district assessors, with the additions
which he shall have made thereto; and they shall then
immediately proceed to equalize such valuation, so that
each tract or lot shall be entered on the tax list at its true
value, and for this purpose they shall observe the following
rules: 1st. They shall raise the valuation of such tracts
and lots of real property as, in their opinion, have been
returned below their true value to such price or sum as
they may believe to be the true value thereof, agreeably to
the rules prescribed by this title for the valuation thereof;
2nd. They shall reduce the valuation of such tracts and lots
as, in their opinion, have been returned above their true
value, as compared with the average valuation of the real
property of such county, having due regard to their relative
situation, quality of soil, improvement, natural and artificial
advantages possessed by each tract or lot; 3rd. They shall
not reduce the aggregate value of the real property of
the county below the aggregate value thereof, as returned
by the assessors, with the addition made thereto by the
auditor, as hereinbefore required; 4th. Provided, that be-
fore such boards shall increase the value of any tract or
lot as returned by the assessors, the owner thereof shall
have at least ten days' notice of such intended increase by
registered letter in all cases where the residence is known.
The return receipt for such shall be filed by the auditor.

Section 2. That said section 2814 of the Revised
Statutes of Ohio is hereby repealed, and this act shall take
effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate,

Passed February 23, 1898. 14G

Decennial
county board;
proceedings ;
rules to govern
their orders.

Owner to have
notice of in-
crease of valu-
ation.

Repeals.

[Senate Bill No. 83.]

AN ACT

To provide for the redemption and payment of bonds and of
interest on the mortgage debt upon the state fair grounds.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated Appropriation
from money belonging to the sinking fund, the following ofVgricn^ture.
sums, for the purpose of paying the debt of the Ohio state
board of agriculture as herein named: To redeem first mort-
gage bonds of said board, payable July 1, 1898, of the sixty
thousand ($60,000) dollar issue authorized by act of the
general assembly, passed May 1, 1885, which are then pay-
able, ten thousand ($10,000) dollars; for one year's interest
oa the total unpaid bonds of said issue, nine hundred ($900)

dollars; to redeem first mortgage bonds of said board,
payable July 1, 1899, of same issue, which are then pay-
able, ten thousand (f 10,000) dollars; for balance six months*
interest on the unpaid bonds of said issue, three hundred
($300) dollars.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed February 23, 1898. 15G

[House Bill No. 210.]

AN ACT

To amend septiou 1523 of the Revised Statutes of Ohio.

Assessors :

Return of sta-
tistics.

Agricultural
statistics.

Repeals.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1523 of the Revised Sututes
of Ohio be so amended as to read as follows:

Sec. 1523. The assessor shall make return of all the
preceding statistics to the county auditor, at the same time
he returns the lists of personal property for taxation; and
the county auditor shall make return to the auditor of state
on or before the first day of August, annually, of all statis-
tics returned to his office, except those statistics under the
head of "agriculture" (sec. 1522, R. S.), which he shall
return to the secretary of the state board of agriculture,
on or before the tenth day of July, annually, and said secre-
tary of agriculture shall compile and publish the same in
the monthly crop and stock bulletins and annual report
issued by the state department of agriculture.

Section 2. That said section 1523 be and the same
is hereby repealed, and this act shall be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate.

Passed February 23, 1898. 16G

[House Bill No. 262.]

AN ACT

To amend section 6951 of the Revised Statutes of Ohio, as amended
April 15, 1881 (78 O. L., page 134), and March 24, 1892 (89 O.
L., page 140).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6951 of the Revised Statutes ^fg?i*^*o*if|*°'*^
be and the same is hereby amended so as to read as follows : ^" *^ ^ *^^

Sec. 6051. Whoever overdrives, overloads, tortures, ^*"^is\^y *2a"it^'
deprives of necessary sustenance, or tinnecessarily or cruelly "** *' ^°" *^'
beats, or needlessly mutilates or kills any animal, or im-
pounds or confines any animal in any place and fails to
supply the same during such confinement with a sufficient
quantity of good, wholesome food and water, or carries in
or upon any vehicle, or otherwise, any. animal in a cruel
or inhuman manner, or who keeps cows or other animals
in any enclosure without wholesome exercise and change
of air, or feeds cows on food that produces impure or
unwholesome milk, or abandons to die any old, maimed,
sick, infirm or diseased animal, or works the same, or,
being a person or corporation engaged in transporting Kve
stock, detains such stock in railroad cars, or in compart-
ments for a longer continuous period than twenty-four
hours after the same are so placed, either within or beyond
this state, without supplying the same with necessary food,
water and attention, or permits such stock to be so crowded
together as to overlie, crush, wound or kill each other,
shall be fined not more than two hundred nor less than
five dollars, or imprisoned not more than sixty days, or both.
Provided, that nothing herein contained shall be construed Dehorning of
to prevent the dehorning of cattle. And that all fines col- Di8position of
lected for violations of this section shall be paid to the fines collected,
society or association for the preverftion of cruelty to ani-
mals, if any such society or association is organized in
such county, township, village or city where such violation
occurred.

Sectiox 2. That section 6951 as amended March 24, Repcau.
1S92, is hereby repealed and this act shall take effect and
be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate,.

Passed February 23, 1898. 17G

Police pension
fund:

Distribution of
fund.

When act takes
effect.

[Senate Bill No. 27.]
AN ACT

To provide for the payment of one-half the taxes received by
cities of the third (3j grade of the fi|^t class from foreign
insurance companies ' m counties containing a city of the
third ^rade of the first class, to the police pension fund of
such city.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the county treasurers of counties
containing a city of the third grade of the first class, shall,
semi-annually, at the time ol their semi-annual settlement
with the auditors of their respective counties, pay over to
the treasurers of such cities one-half the amount to which
such cities are entitled, under their annual levy to receive,
of all the taxes paid into the treasuries of their respective
counties by foreign insurance companies on their gross
receipts, under the provisions of section 2745 of the Revised
Statutes, during the half year preceding such semi-annual
settlement; and the money so paid over to the city treas-
uries shall be credited to the i>olice pension fund of such
cities, and shall be controlled, administered and disbursed
in accordance with the provisions of sections 1945, 1946
and 1947 of the Revised Statutes, as passed April 15, 1889,
April 12, 1893, and April 19, 1881, respectively.

Section 2. This act shall take effect and be in force
from and after the first day of April, A. D. one thousand
eight hundred and ninety-eight.

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.

Passed February 23, 1898. 18G

Partial appro-
priations tor
1898 and 1899.

[House Bill No. 307.]

AN ACT

Making partial appropriations for the last three quarters of the fis-
cal year ending November 16, 1898, and the first quarter of the
fiscal year ending February 15, 1899.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following sums, for the purposes
hereinafter specified, are appropriated out of any moneys
in the treasury to the credit of the general revenue fund
not otherwise appropriated, to-wit:

Adjutant General's Department,

Salary of adjutant-general $2,000 00

Salary of assistant adjutant-general 1,500 00

Salary of chief clerk , 1,400 00

Salao' of derks 6,000 00 ^Sa'lfdn?For

Salar>' of superintendent of state arsenal 1,400 00 im and 1899.

Salary of stenographer 600 00

Transportation indigent soldiers 100 00

Conringent expenses and inspections 500 00

Ohio National Guard,

Uniforms, overcoats and blankets $5,000 00

Care of military stores and freight on arms. . . . 300 00

State House and Grounds.

Salary of superintendent of laborers $900 00

Salar>' of engineer 1,000 00

Salary of two (2) firemen 900 00

Salar>' of visitor's attendaiit 720 00

Salary of janitor of flag room 720 00

Salary of day policeman 720 00

Salary of night policeman 800 00

Salar\' of four regular laborers 650 00

Extra labor 500 00

Fuel for state house 300 00

Material and repairs 500 00

Care and repair heating apparatus 300 00

Electric light state house 1,800 00

Agricultural Experiment Station.

Expenses of board of control ' $500 00

Bulletin illustration , 200 00

Sub-stations for field experiments 1,000 00

General repairs, for labor and supplies 1,000 00

Attorney General's Office.

Salary attorney-general $1,500 00

Salary of assistant attorney-general 1,500 00

Fees on collections 300 00

Salary of clerk 900 00

Contingent 200 00

Auditor of State.

Salary of auditor of state $3,000 00

Salary of chief clerk 2,400 00

Salary of railroad and, bank clerk 1,700 00

Salary of bookkeeper 1,700 00

Salary of land clerk 1,500 00

Salary of canal and trust fund clerk ^ 1,400 00

Salary of statistician ' 1,350 00

Salary of corresponding clerk 800 00

Salary excise tax clerks 2,850 00

Transcribing land records 1,500 00

Contingent expenses 750 00

18
Staie ArchiBological and Historical Society,

Siatfon?FJ? Current expenses 9500 00

i898and 1899. Care of Fort Ancient 500 00

Board of Agriculture,

Encouragement of agriculture |2,500 00

Contingent expenses 600 00

Crop and stock reporting service. 600 00

Board Appraisers and Assessors,

Salaries of members |4,500 00

Contingent expenses 250 00

Board oj Arbitration,

For per diem and expenses of members $1,000 00

Board of State Charities,

Expenses $1,500 00

Board of Health.

Expense state board of health $3,750 00

Board of Pardons,

Salary of members $3,000 00

Salary of secretary 300 00

Board of Public Works,

Canal repairs ' $10,000 00

Salary of members 2,400 00

Salary of engineers 3,600 00

Salary of secretary ; 1,500 00

Salary of clerk 700 00

Traveling expenses of members 450 00

Contingent expenses 125 00

Canal Commission,

Salary of commissioners $750 00

Expenses of commissioners 1,500 00

Dairy and Food Commissioner.

Commissioner's salary ; . $2,000 00

Commissioner's expenses 300 00

Assistant commissioner's salary 2,000 00

Assistant commissioner's expense 400 00

Inspection and prosecution 6,000 00

Contingent expense 250 00

Fish and Game Commission.

Expense fish and game commissioner $3,000 00

Commissioner of Labor Statistics.

Commissioner's salary f 2,0(K» 00 ?S2{f<;„YFoT

Traveling expenses 200 00 uwand \m.

For chief clerk 1,300 00

For clerk 720 00

For clerk 600 00

For stenographer 720 00

Contingent expenses 2,000 00

Commissioner of Common Schools.

Salary of commissioner $2,000 00

Salary of chief clerk 1,750 00

Salary of sUtistical clerk 1,200 00

Salary of stenographer 600 00

Traveling expenses of commissioner 187 00

Contingent expenses 225 00

Commissioner of Railroads and Telegraphs.

Uses and purposes |6,215 00

provided, however, that said sum shall be
deducted from the assessment of railroad
companies for 1898, due and payable in the
state treasury on or before August 1st,
1898, pursuant to "an act to provide for
annual reports of railroad companies to the
conunissioner of railroads and telegraphs,
and providing means for maintaining po-
lice supervision of said railroads," passed
April 19, 1894, and the auditor of state is
hereby authorized and directed to make
such deduction.

Govemor*s Office.

Salary of governor |8,000 00

Salary of lieutenant-governor 800 00

Salary of private secretary 800 00

Salary of executive clerk 1,800 00

Salary of commission clerk 1,500 00

Salary of corresponding clerk 1,500 00

Contingent expenses 600 00

Chief Inspector of Mines.

Salary of chief inspector $2,000 00

Salary of district inspectors 8,400 00

Clerk hire 1,050 00

Stenographer 600 00

Contingent expenses 1,250 00

Inspector of Workshops and Factories.

Salary of chief inspector $2,000 00

Traveling expenses of chief inspector 150 00

pfatfoii?^^ Salary of district inspectors (eleven) $10,755 3G

1896 and 1899. Traveling expenses of district inspectors 1,375 OO

Two bakeshop inspectors 2,000 00

Expenses traveling bakeshop inspectors 250 00

Additional salary high explosive inspector 800 00

Clerk hire 4,500 00

Contingent expenses 300 00

Judiciary,

Salaries of judges |50,000 00

Law Library.

Salary of law librarian $1,500 00

Salary of assistant law librarian 1,200 00

Books and catalogueing 625 00

•Contingent fund 75 00

Prosecution and Transportation of Convicts to O, P.

Prosecution and transporation to Ohio peni-
tentiary $20,000 00

Prosecution Ohio War Claims against General Government,

Salary of agent $1,500 00

Expense of agent 150 00

Secretary oj State,

Salary of secretary of state $2,000 00

Salary of state supervisor of elections 1,000 00

Salary of chief clerk 2,400 00

Salary of statistical clerk 1,500 00

Salary of assistant statistical clerk. . . • : 1,350 00

Salary of stationery clerk 1,350 00

Salary of proof reading clerk 1,350 00

Salary of corporation clerk 1,350 00

Assistant corporation clerk 1,350 00

Salary of recording clerk 1,350 00

Salary of superintendent of book room 1,000 00

Salary of stenographer 1,250 00

Contingent expenses 400 00

Distribution of books 750 00

Stationery ' 4,750 00

State Library.

Salary of librarian $1,500 00

Salary of assistant librarian 1,200 00

Salary .of stenographer and typewriter 720 Oi)

Salary of janitor 900 00

Books and papers 1,250 00

Contingent expenses and extra labor 500 00

Commissioners of Public Printing.

Printing paper '. 10,000 00

Superintendent of Insurance,

Salary of superintendent $2,000 00 ^^^tl^f^^

Salary of deputy superintendent 1,800 00 isw and i899.

Salary of examining clerk 1,500 00

Salary of bookkeeper 1,500 00

Salary of statistical clerk 1,500 00

Salary of corresponding clerk 1,000 00

Salary of license clerk 1,000 00

Salary of mailing clerk 1,000 00

Salary of extra clerks > 2,000 00

Salary of janitor 600 00

Salary of actuary 250 00

Attorney's fees 1,000 00

Contingent expenses 500 00

Bureau of Building and Loan Association.

Salary of inspector fl,000 00

Salary of deputy inspector 1,800 00

Salary of clerk 1,000 00

Salary of extra clerk 800 00

Contingent expenses 125 00

Attorney's fees 125 00

Supervisor oj Public Printing.

State printing f 5,000 00

State binding 10,000 00

Salary of supervisor 2,000 00

Contingent expenses . . . ! 200 00

Supreme Court.

Contingent fund $100 00

Salary of janitor 1,000 00

Messenger 800 00

Clerk of the Suprefne Court,

Salary of clerk $1,500 00

Salary of first deputy 1,450 00

Salary of second deputy 1,250 00

Stenographer 800 00

Contingent expense 125 00

Janitor 200 00

Reporter of the Supreine Court.

Salary of the reporter $1,500 00

Contingent expense 200 00

Treasurer of State.

Salary of treasurer of state $3,000 00

Salary of cashier 2,400 00

Salar>' of two bookkeepers 3,000 00

Salary of two night watchmen 1,800 00

Collecting of auditor of state's drafts 600 00

Contingent expense 300 00

Ohio Penitentiary.

Won'Tr Per diem of managers f5,000 00

l896«iid 1899. Salary of officers '. 5,680 00

Salary of guards 20.000 00

Current expenses 25,000 00

Expenses of execution 625 00

Manufacture of gas 3,500 00

Rewards to discharged convicts 5,000 00

Ordinary repairs 3,500 00

Sewerage and water- works 1,500 00

Ohio State Reformatory,

Salaries of managers |3,000 00

Salaries of officers 5,000 00

Salaries of guards 8,000 00

Current expenses 10,000 00

Ordinary repairs 1,000 00

Athens State HospitaL

Current expenses $10,000 00

Officers' salaries, trustees' expenses and salary

of secretary '. 1,800 00

Ordinary repairs 3,750 00

Cleveland State Hospital,

Current expenses $25,000 00

Salaries of officers c 1,800 00

Ordinary repairs 3,000 00

Columbtis State HospitaL

Current expenses $33,875 00

Salaries of officers and trustees' expenses 2,100 00

Repairs and improvements 3,000 00

Dayton State Hospital,

Current expenses $16,000 00

Officers* salaries and trustees' expenses 2,000 00

Ordinary repairs 3,000 00

Longview State Hospital.
General appropriation $30,000 00

Toledo State HospitaL

Current expenses $30,000 00

Salaries of officers and expenses of trustees 1,800 00

Ordinary repairs 3,750 00

Boys* Industrial School,

Current expense fund $10,000 00

Salary fund and trustees* expenses 8,000 00

Repairs and improvements 2,500 00

Furniture for two cottages 6,000 00

Reward fund 200 00 ^y^^JSj^^PfoT

Ministerial fund j. 75 00 f^and^is^!

Girls^ Industrial Home,

Current expenses |2,000 00

Salaries and expenses of trustees 3,500 00

Ordinary repairs and improvements 2,000 00

Institution for the Education of the Deaf,

Current expenses f 5,000 00

Salaries of officers, teachers, and expenses of

trustees 7,000 00

Ordinary repairs 2,000 00

Lumber and nails for boxes 250 00

Ohio Institution for Feeble-minded Youth,

Current expenses » |15,000 00

Salaries and expenses of trustees 4,000 00

Repairs, including improvements 4,000 00

Ohio Soldiers^ and Sailors' Home.

Current expenses and clothing |20,000 00

Officers'' salaries and trustees' expenses 2,000 00

Ordinary repairs, improvements of grounds,

and furniture, carpet and bedding 2,000 00

Ohio Soldiers!* and Sailors* Orphans* Home,

Current expenses f25,000 00

Salary of officers and expenses of trustees 6,000 00

Ordinary repairs 4,000 00

Industrial pursuits 2,000 00

Salaries of foremen 2,500 00

Xct earnings 500 00

Ohio Hospital for Epileptics.

Current expenses fl6,000 00

Salaries of officers and trustees' expenses 1,400 00

Ordinary repairs 3,000 00

Transportation of inmates 3,000 00

Institution for the Blind,

Current expenses $4,000 00

Salaries, etc 4,000 00

Repairs 3,000 00

Massillon State Hospital.

For furnishing institution f 30,000 00

To complete certain building and on construc-
tion account 20,000 00

Partial appro-
priations tor
1898 and 1899.

Section 2. The moneys appropriated in the preced-
ing section shall not be.in any way expended to pay liabili-
ties or deficiencies existing prior to February 15, 1898,
nor shall they be used or paid out for purposes other than
those for which said sums are specifically appropriated as
aforesaid.

Section 3. No bills for clerk hire, for furniture or
carpets, or for newspapers, shall be paid out of appropria-
tions made for contingent expenses; no bills for horses or
cows, carriages or wagons, carpets or furniture, or any
expenses for officers attending state, inter-state or national
associations of benevolent institutions, shall be paid out
of the appropriations made for current expenses of said
institutions; and no money herein appropriated shall be
drawn except on a requisition on the auditor of state, ap-
proved by the head of each department or the trustees of
the institution, which shall set forth the service rendered
or material furnished, and the date of purchase and the
time of service, and it shall be the duty of the auditor of
state to see that these provisions are complied with. No
bills for extra clerk hire in favor of any clerk or clerks,
while drawing salaries from the state, shall be allowed from
any amount herebv appropriated, and this act shall take
effect on its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES.

President of the Senate.

Passed February 25, 1898. 19G

Railroad com-
panies:

Bicvcle as bag-

[Senate Bill No. 49.]

AN ACT

To amend an act entitled "An act to regulate the transportation
of bicycles," passed April 27, 1896 (O. L. vol. 92, p. 372).

Section 1. Be it enacted by the General Assefnbly of
the State of Ohio, That an act entitled '*An act to regulate
the transportation of bicycles," as passed April 27, 1890
(O. L. vol. 92, p. 372), be amended so as to read as follows:

Sec. 1. That hereafter for the purposes herein
specified, bicycles, with or without lanterns or tool-boxes
attached, are declared to be baggage, and shall be trans-
ported as baggage for passengers, by all railroad com-
panies operating in this state, and be subject to the same
charges and liabilities as other baggage, and no passenger
shall be required to crate, cover, or otherwise protect any
such bicycle; provided, however, that a railroad corpora-
tion shall not be required to transport, under the provisions
of this act, more than one bicycle for a single person.

Section 2. Said original act is hereby repealed.
Section 3. This act shall take effect upon its passage.

HARRY C. MASON-,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 3, 1898. 20G

Repeals..

[Senate Bill No. 115.]
AN ACT

To redistrict the state of Ohio for state hospital purposes aud to
provide for opening the Massillon state hospital, and to amend
section 699, R. S. of Ohio, as amended 84 O. L. 203, and to
amend section 700, R. S. of Ohio, as amended 81 O. L. 14,
and to supplement said sections with 699<i, 699^, 699r, as R.
S. of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 699 and 700 (as amended state hospital**
^ O. L. 203 and 81 O. L. 14) be amended, and that add:- '^'*"'*°*^
tional sections be enacted as follows :

Sec. 699. The districts of the state hospitals, named Districts,
in the last preceding section, shall be respectively as fol-
lows:

The district of the Cleveland state hospital shall be
composed of the counties Ashtabula, Cuyahoga, Geauga
and Lake.

The district of the Massillon state hospital shall be
composed of the counties Ashland, Carroll, Columbiana,
Harrison, Holmes, Jefferson, Lorain, Medina, Mahoning,
Portage, Stark, Summi^t, Trumbull, Tuscarawas and
Wayne.

The district of the Athens state hospital shall be com-
posed of the counties of Adams, Athens, Clinton, Gallia,
Highland, Hocking, Jackson, Lawrence, Meigs, Monroe,
Morgan, Noble, Perry, Pike, Ross, Scioto, Vinton and
Washington. .

The district of the Dayton state hospital shall be com-
posed of the counties Brown, Butler, Clermont, Darke,
Green. Miami, Montgomery, Preble, Shelby and Warren.

The district of the Columbus state hospital shall be
composed of the counties Belmont, Champaign, Clark,
Coshocton, Delaware, Fairfield, Fayette, Franklin, Guern-
sey. Knox, Licking, Madison, Marion, Morrow, Muskin-
gum, Pickaway and Union.

The district of the Toledo state hospital shall be com-
posed of the counties of Allen, Auglaize, Crawford, Defi-
ance, Erie, Fulton, Hancock, Hardin, Henry, Huron,
Logan, Lucas, Mercer, Ottawa, Paulding, Putnam, Rich-
land, Sandusky, Seneca, Van Wert, Williams, Wood and
Wyandot.

Opening of Mas-
«iIlon hospital.

Superintendent ;
powers and
duties.

Admission of
patients.

Transfer of pa-
tients from
other hospitals.

Bzpense of
transfer.

How counties'
proportion as-
certained.

Sec. 699a. The board of trustees of the Massillon
state hospital, appointed in conformity with the act estab-
lishing the hospital, and for the purpose of its construc-
tion, shall be empowered to furnish and occupy such build-
ings as are ready for occupancy or that may be made ready
hereafter, during the progress of the work of construction,
and until such time as the governor may deem it to the
interests of the hospital to appoint a board of trustees
un3er the general law governing the state benevolent in-
stitutions, at which time the terms of office of the present
board shall terminate.

Sec. 6996. The said board of trustees shall have au-
thority to appoint a superintendent during the completion
of the work of construction, who shall have had experi-
ence in the care and treatment of- the insane and who shall
be authorized to superintend the work of construction and
to furnish and open such buildings as are now or may be
hereafter made ready for occupancy during the progress
of the work. Said superintendent shall also have charge
of said buildings when occupied, and of the patients kept
therein, employing the neceasary officers and employes
under the direction of the board and as required for the
purposes mentioned.

Sec. 699c. Patients may be admitted to the Massillon
state hospital while the work of construction is in progress
from «wch -counties-of the district set apart for said hospital
in section 699 of this act, as can be provided for therein
and the board of trustees of said hospital are authorized
to designate said counties from time to time as accommo-
dations may become available.

Sec. 699d. As soon as practicable, after the accom-
modations at the Massillon state hospital become available,
the patients in each of the state hospitals who have been
sent thereto from a county which does not belong to the
district of any such hospital as fixed by section 699a shall
be transferred to the hospital of the proper district; any
such transfer to be made at such time and in such manner
as may be agreed upon by the superintendents of the hos-
pitals to be thereby affected, and thereafter, new patients
from any such county shall be sent to the institution to
which it is assigned therein. The expense of the transfer
of patients as provided for in this act shall be paid out of
the current expense fund of the institution from which
the patients are removed.

Sec. 700. Each county is entitled to send patients to
the hospital of the district in which such county is situated
in proportion to the number of insane residents in such
county requiring state care, said number of insane in each
county being ascertained annually by the board of state
charities and reported to the superintendent of each of the
state hospitals and to the probate judge of each of such
counties on the fifteenth day of November of each year.

No person shall be admitted into either of the hospitals how non-resj-
belong^ng to the state, except an inhabitant of the state, *"^ * °**"* '
unless by joint resolution of the general assembly, which
joint resolution shall specifically name the person to be
admitted, and no person shall be considered an inhabitant
within the meaning of this chapter, who has not resided
within the state one year next preceding the date of his
or her application, and no person is entitled to the benefits
of the provisions except those whose insanity has occurred
during the time such persons have resided in the state.
All persons who have been or may hereafter be admitted Maintenance of
into either of the state hospitals, shaJl be maintained therein °~*^**-
at the expense of the state, except as is provided in section
six hundred and thirty-one of this title of the Revised
Statutes of Ohio. The trustees may direct the discharge Dischargre.
of a person when they deem it expedient. The medical Monthly report
superintendents of each of the state hospitals shall inform TOurt^^acute
the probate judge of the different counties comprising the "*»*•
district, monthly, of the quota of patients to which the
said county is entitled and the number in the hospital from
said county, and the probate judge may at any time for-
ward an acute case if the quota is not full and the papers
and clothing are in compliance with law.

Section 2. Said original sections 699 (84 O. L. 203) Repeals,
and 700 (81 O. L. 14), shall be, and the same are hereby
repealed.

Section 3. This act shall be in force and take effect
on and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate,

Passed March 3, 1898. 21G

[House Bill No. 207.]
AN ACT

Making appropriations for the Ohio university, and for the normal
and industrial department of the Wilberforce university.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated Approi>rtation8
from any money raised or coming into the state treasury Ind^i?bJ?forei
to the credit of the Ohio university, Miami university and "diversities,
the normal and industrial department of the Wilberforce
university funds, not otherwise appropriated, for the last
three-quarters of the fiscal year ending November 15, 1898,
and the first quarter of the fiscal year ending February 15,
9, the following sums, to wit:

For the Ohio university the sum of |33,000.

For the Miami university the sum of |24,000.

For the normal and industrial department of the Wil-
bcrforce university the sum of f 19,000.

And for the last three-quarters of the fiscal year end-
ing November 15, 1899, and the ,first quarter of the fiscal
year ending February 15, 1900, the following sums, to wit:

For the Ohio university the sum of |33,000.

For the Miami university the sum of |24,000.

For the normal and industrial department of the Wil-
berforce university the sum of |19,000 or so much of said
several amounts as may come into the state treasury to the
credit of said funds, to be applied to the uses and purposes
of the said universities, in accordance with the provisions
of section 3951, Revised Statutes, as amended March 20,
1891 (O. L. vol. 88, p. 159), and as further amended Feb-
ruary 26, 1896, and April 16, 1896.

Section 2. Tliis act shall take eflect and be in force
on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS R CROMLEY,

President pro tern, of the Senate^

Passed March 3, 1898. 22G

[House Bill No. 208.]

AN ACT

Making appropriations for the Ohio state university.

Section 1. Be it enacted by the General Assembly of
Appropriation* fhe State of Ohio, That there be and is hereby appropriated

for Ohio sute - '., ••^.i'^^\^*^^

university. from any moneys raised or coming mto the state treasury

to the credit of the **Ohio state university fund," not other-
wise appropriated, for the last three-quarters of the fiscal
year ending November 15, 1898, and the first quarter of
the fiscal year ending November 15, 1899, the sum of one
hundred and eighty thousand dollars ($180,000), or so
much as may come into the treasury to the credit of said
fund; and for the last three-quarters of the fiscal year
ending November 15, 1899, and the first quarter of the
fiscal year ending November 15, 1900, the sum of one
hundred and eight\'-five thousand dollars ($185,000), or so
much as may come into the treasury to the credit of said
fund, to be applied to the uses and purposes of the Ohio
state university, in accordance with the^ provisions of sec-
tion 3951 of the Re\nsed Statutes of Ohio, as amended
March 9, 189G.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Passed March «, 1898. 23G

[Senate Bill No. 73.]
AN ACT

Authorizing the printing of 9,500 copies of " Ohio statesmen and
hundred year book/' and for the distribution of the same.

Whereas, The seventy-second general assembly, by Preamble:
house joint resolution No. 48, authorized and directed the
revision and recompilation of a certain publication known
as and entitled "Ohio statesmen and hundred year book,"
and the author complied with the requirements and direc-
tions of said joint resolution ; and.

Whereas, because of inadequate appropriations for
the use of the department of the supervisor of public print-
ing, the publication of the same has been delayed; there-
fore,

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the supervisor of public printing be .TouJo^* a?°8men
and is hereby authorized and directed to proceed without ami*hundrcT^°
unnecessary delay, to print for the use of the general as- yearbook."
serably and secretary of state, nine thousand five hundred
(9,500) copies of W. A. Taylor's "Ohio statesmen and hun-
dred year book," which shall be bound in substantial library
cloth and distributed as follows:

To each senator and representative in the seventy-third Distribution,
general assembly, fifty (50) copies; to each state officer, ten
*10) copies; to each officer of the seventy-third general as-
sembly, two (2) copies; to the istate library, two hundred
'200) copies; two hundred and fifty (250) copies to be dis-
tributed by the author, at his own expense, to the daily
and weekly newspapers of the state; the residue to be
placed in the custody of the secretary of state and to be
sold by him at a price not to exceed one dollar and fifty
cents (11.50), by the single copy, with discretionarv and
uniform discount when sold in lots, the proceeds arising
therefrom to be covered into the treasury of the state and
credited to the general revenue fund, and that the author compensation
as a compensation, for furnishing the matter for said publi- °^ author,
cation and supervising the proof reading and printing of
the same, according to the direction of the supervisor of
public printings to be allowed the sum of forty (40) cents
P^r copy for the number of copies so published. The Letting of con-
printing and biniling of the copies to be let by the super- *'^'^'-

Roster of 73d
general as-
sembly.

. . priation
for author; state
to own manu-
script and copy-
right.

visor of printing to the public printer who is the lowest
bidder.

Section 2. That in addition to the work authorized
under said original resolution the author shall add the
roster of the seventy-third general assembly, but shall re-
ceive no additional compensation for said work.

Section 3. That there be and is hereby appropriated,
out of any money in the state treasury to the credit of the
general revenue fund riot otherwise appropriated, the
amount of compensation to the author provided for in
section one of this act, and the auditor of state is author-
ized and required to draw his warrant on the treasurer of
state for the same, in favor of the author, on the presenta-
tion of the receipt of the supervisor of public printing for
the manuscripts of said publication, and the receipt of the
secretary of state for a deed of assignment by the author
to the use and benefit of the state of Ohio of the copyright
whereby the state aforesaid shall have the exclusive right
to make future publication of said work for [its] use and
benefit, without the future payment of any royalty or other
compensation thereof.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tent, of the Senate.

Passed March 3, 1898. 24G

Shops and fac-
tories :

Notice of neces-
sarv alterations
or additions.

[House BiU No. 11.]
AN ACT

To amend supplementary section 2573^ of the Revised Statutes of
Ohio, as amended and passed April 25, 1893.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That supplementary section 2573c of the
Revised Statutes of Ohio, as amended and passed April
25, 1893 (O. L. vol. 90, p. 308), be amended so as to read
as follows:

Sec 2573c. That said inspectors, if they find upon such
inspection that the heating, lighting, ventilation or sanitary
arrangement of any shop or factory is such as to be injuri-
ous to the health of persons employed or residing therein,
or that the means of egress in case of fire or other disaster is
not sufficient, or that efficient means for extinguishing fire
is not provided on each floor, or that the belting, shafting,
gearing, elevators, drums and machinery in such shops and
factories are located so as to be dangerous to employes,
and not sufficiently guarded, or that the vats, pans or
structures filled with molten metal or hot liquid are not

surrounded with proper safeguards for preventing accident
or injury to those employed at or near them, shall notify
the owners, proprietors or agents of such shops or facto-
nes, or report the same to the chief inspector, who shall
notify, in writing, the owners, proprietors or agents of such
shops or factories by mailing such notification to the last
known address of such owners, proprietors or agents to
make^the aiteratimis or additions necessary without delay ;
provided, however, that for such of the alterations and ad-
ditions ordered as may be of such nature as to make it im-"'
possible to comply with immediately, the chief inspector
may grant from fifteen (15) to thirty (30) days' time from
(late of first notification to such owners, proprietors or
agents, in which to make such alterations and additions,
and if such alterations are not made within the limit of time ^^e to^com'^i'*""
granted^spch owners, proprietors or agents so notified, wUho^^f ^
shall be'OTemed guilty of a misdemeanor, and upon con-
viction thereof, shall be fined not more than five hundred
(500) dollars, and not less than fifty (50) dollars, and ten
(10) dollars additional for each day after such conviction,
until such alterations and additions necessary have been
made, which fine shall be paid into the treasury of the
county in which conviction is had. 'ihe district inspectors Record of ex-
shall make a record of all examinations of shops and fac- ■">>"*^»°°-
tories in their respective districts, showing the date when
made, the condition in which such shops and factories are
found, and what changes were ordered, the number of
shops and factories in their respective districts, the number
of men, women and children employed in each shop or fac-
tory, together with all such other facts and information of
public interest, concerning the condition of such shops
and factories, as they may think useful and proper, which
record sj^all be filed in the office of the chief inspector
every week, and so much thereof a$' may be of public
interest to be included in his annual report. The chief instruction*,
inspector shall issue such instructions, make such rules [ati^ns^for'^fi^'
and regulations for the government of the district inspec- trSy'lSlpcctort.
tors not inconsistent with the powers and duties vested in
them by law, as shall secure uniformity of action and pro-
ceedings throughout the different districts. The salary of ®*„*^g ^^J^J. ^"
the chief inspector shall be two thousand dollars (f2,000) factors,
per annum, and the district inspectors, one thousand dol-
lars (fl,000) each per annum, which salaries and all neces-
sary traveling expenses incurred by said inspectors in the
discharge of their official duties, shall be paid out of the
treasury of the state, from any fund therein not otherwise
appropriated, on the warrant of the auditor, on the presen-
tation to hini of the proper vouchers.

Section 2. That said supplementary section 2573r, Repeal*.
as amended and passed April 25, 1893, be and the same is

hereby repealed, and this act shall take effect on and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 3, 1898. 251j

[House BilfNo. 363.]

AN ACT

To make sundry appropriations.

Section 1. Be it enacted by the General Assembly of
-Appropriation the State of Ohio, That there is hereby appropriated from
4Ss«nbi"ltc. any money in the treasury to the credit of the general
revenue fund, and not otherwise appropriated, the sum of
fifty thousand (f 50,000) dollars for salaries and mileage of
members, per diem of clerks, sergeant-at-arms and other
officers and employes of the general assembly; two thou-
sand (f 2,000) dollars for contingent expenses of the house;
fifteen hundred (|1,500) dollars for contingent expenses of
the senate, and two thousand (f2,000) dollars for expenses
of legislative committees.

Legislative Canal Commission.

Compensation of members f 2,176 36

For salary of canal commissioners from No-
vember 15, 1897, to February 15, 1898 750 00

Tennessee Centennial Commission.

Expenses of the commission incurred in accord-
ance with house joint resolution No. 51,
adopted April 24, 1896 |5,000 00

Board of Public Works.

David Banker, for injury to land caused by
overflow of water from breaking of state

dam levee f 1,680 00

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of RepresentaUvcs.
ASAHEL W. JONES,

President of the Senate,
Pasaind March 3, 1898. 26G

Certificale of
judge.

[House Bill No. 76.]

AN ACT

To amend section 110 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 110 of the Revised Statutes Notan€« public:
of Ohio be amended so as to read as follows :

Sec. 110. The governor may appoint and commission Appointment
as notaries public as many persons, of the age of twenity-
one years or over, who are citizens of this state, residing in
the several counties for which they are appointed, as he
may deem necessary; and the governor shall have the Revocation of
authority to revoke any commission issued to any notary <^»"«n>"»o°-
upon the presentation of satisfactory evidence of official
misoxKluct or incapacity; but before making any such ap-
pointment, each applicant shall produce to the governor
a certificate from a judge of the common pleas court, circuit
court, or supreme court, that the applicant is of good moral
character, a citizen of the county in which he resides, and
possessed of suflScient qualifications and ability to discharge
the duties of the office of notar>' public; but no such judge
shall issue such certificate until he is satisfied from his per-
sonal knowledge that such applicant possesses the qualifi-
cations necessary to a proper discharge of the duties of such
office, and in case of a want of such knowledge, then not f '*,^^j^'*° ^'
until such applicant has passed an examination showing ^^^ ^^ '
that he possesses such knowledge, under such rules and
regulations as such judge shall prescribe.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 3, 1898. 27G

[House Bill No. 38.]

AN ACT

To provide for the weighing of coal before screening.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following sections be enacted Mines:
supplementary to section 295, Revised Statutes of Ohio:

Sec. 295a. It shall be unlawful for any mine owner, unlawful to
lessee or operator of coal mines in this state, employing fSrrwe^hi^,
miners at bushel or ton rates, or other quantity, to pass th^
otitpat of ooal mined by said miners over any screen or
other device which shall take any part from the value there-
of, before the same shall have been weighed and duly cred-
ited to the employe sending the same to the surface, and
3

Provisions apply
to"lo«de».''

JPtualty.

accounted for at the legal rate of weights fixed by laws of
Ohio.

Sec 2966. The provisions of this act shall also apply
to the class of workers, engaged in mines wherein the min-
ing is done by machinery, known as loaders; whenever the
workmen are under contract to load by the bushel, ton or
any quantity, th<e settlement of which is had by weight, the
output shall be weighed in accordance with the provisions
of this act.

Sec. 205c. Any mine owner, lessee or operator of coal
mines in this state, n^lecting or refusing to comply with
the conditions required to be performed by sections 295a
and 2966, shall be deemed guilty of a misdemeanor, and
upon conviction, be fined in any stun not exceeding six
hundred (|600) dollars, nor less than three hundred (|300)
dollars, at the discretion of the court.

Section 2. This act shall take effect from and after
six months after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed March 9, 1898. 28G

Public halls, etc.:

Penalty against
owner or person
having control.

[House Bill No. 10.]

AN ACT

To amend sections 2672 and 2572d of the Revised Statutes of Ohio,
saa as amended and passed April 27, 1896 (O. L., vol. 92, pp. 408
and 409.)

Section 1. Be it enacted by the General Assembly of
the State of Ohio, Tliat sections 2572 and 2572& of the Re-
vised Statutes of Ohio be so amended as to read as follows:

Sec. 2572. Whoever, being the owner or having con-
trol as an officer, agent, or otherwise, of any opera house,
hall, theater, church, school house, college, academy, semi-
nary, infirmary, sanitarium, children's home, hospital, med-
ical institute, asylum, or other building used for the assem-
blage or betterment of people, in a municipal corporation,
county or township in the state of Ohio, permits it to be
used when any door affording exit therefrom is locked or
barred, or opens inwardly ; when the place is not provided
with ample means for the safe and speedy egress of the
persons who may be there assembled; when sufficient
w^ater and proper means to apply it, or other efficient
means are not provided on each floor to extinguish any
fire which may occur therein; or when the certificate
provided for in section twenty-five hundred and sixty-nine
or section twenty-five hundred and seventy, which certifi-
cate shall also apply to buildings mentioned in section
twenty-five hundred and seventy-two, as the case may be,

has not been issued, or is not in full force, shall be deemed
guilty of a misdemeanor, and on conviction thereof before
any court of competent jurisdiction shall be fined not more
than five hundred (500) dollars, nor less than tifty (50) dol-
lars, and ten (10) dollars additional for each day or night
such building is permitted to be used after such conviction
is had and until such changes, alterations or additions have
been made sufficient to warrant the issuing of certificate
by the chief inspector of workshops and factories; and such
fines and costs shall be recovered in the name and for the
use of the municipal corporation, if such building is located
\\-ithin the corporate limits, if not then for the use of the
county in which located and suit is brought; and it shall be
the duty of the mayor, with the aid of the police, or the
prosecuting attorney, with the aid of the sheriff, if such
building is not located within a municipal corporation, to
see that the provisions of this act are strictly enforced.

Sec 25726. It shall be the duty of the chief inspector
of workshops and factories, or his district inspectors, to
TTiake inspections of such buildings as are provided for in
sections 2568, 2569 and 2572 of the Revised Statutes of
Ohio, as often as he may deem necessary, or upon the writ-
ten demand of the agent or owner of such structure, or
upon the written request of five or more citizens of the mu-
nicipal corporation, county or township wherein such
structure is located, and the chief inspector or district in-
spectors shall have access to all such buildings at any time
it may be deemed necessary to inspect same.

Section 2. That said sections 2572 and 25726 of the
Revised Statutes of Ohio, as amended and passed April 27,
1896, be and the same is hereby repealed, and this act shall
take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 9, 1898. 29G

Pines for benefit
ofcity or county.

Duty of mayor or

prosecuting

attorney.

When inspec-
tions to be made.

Inspector to
have access to
buildings.

Repeals, etc.

[House Bill l^o. 33.]
AN ACT

To amend section 1 of an act amended and passed March 6, 1891
(O. L., vol. 88, pp. 87, 88), and section 2, passed April 16, 1885
(O. L., vol. 82, p, 132), entitled "An act for the preservation of
the health of female employes."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1 of an act entitled "An act ?iVJ5!;-?*
for the preservation of the health of females," amended and
passed March 6, 1891, and section 2 of the same act, passed
April 16, 1885, be so amended as to read as follows:

factories :

Seats for female
employes : how
constructed.

Dressing rooms
and closets.

Closets not to be
placed in base-
ment or cellar :
exception.

Outside closets.

Inspection.

Penalty.

Repeals, etc.

Sec. 1. That every person or corporation employing
female employes in any manufacturing, mechanical or mer-
cantile establishments in this state, shall provide suitable
Stat for the use of each female employe so employed, and
shall permit the use of such by them when they are not
necessarily engaged in the active duties for which the^' are
employed, and shall permit the use of such seats at all times
when such use would not actually and necessarily interfere
with the proper discharge of the duties of such employes,
and such seat shall be constructed or adjusted where prac-
ticable so as to be a fixture and not obstruct such female
when actually engaged in the performance of such duties
when such seat cannot be used ; and the owner of the build-
ing shall provide, on the same floor, or floor immediately
above or below, of the building wherein any female persons
are employed, suitable and separate toilet and dressing-
rooms and water-closets for the exclusive use of such female
employes, and where possible, such dressing-rooms and
water-closets shall be situated together, with one water-
closet for every twenty-five females or less, and where there
are more than twenty-five there shall be provided an addi-
tional water-closet, up to the number of fifty, and above
that number in the same ratio; provided, that no such closet
for the use of females shall be placed in a basement or cel-
lar, unless such basement or cellar is used for manufactur-
ing, mechanical or mercantile purposes, and females are
employed therein; and, provided, further, that such closets,
in the same ratio as above mentioned, shall be placed on
the outside of such building at a distance not to exceed
twenty feet in such cities, towns and villages as are not pro-
vided with a system of water works; unless such building
is provided with a dry closet system such closets to be kept
in good sanitary condition at all times. The state inspector
of factories and workshops is hereby charged with the duty
of seeing that the provisions of tins section are observed
and enforced.

Sec. 2. Any person or corporation violating any of
the provisions of this act shall be deemed guilty of a mis-
demeanor, and on conviction thereof before any court of
competent jurisdiction shall be punished by a fine of not
less than ten dollars nor more than twenty-five dollars for
each offense.

Section 2. That section 1 of an act entitled "An act
for the preservation of the health of females," as amended
and passed March 6, 1891 (O. L., vol. 88, pp. 87, 88), and
section 2 of the same act, passed April 16, 1885 (O. L., voL

82, p. 132), be and the same is hereby repealed, and this act
shall take effect and be in force from and after its passage.

HARRY C MASON;
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 9, 1898. 30G

[House Bill No. 105.]
AN ACT

To amend section 9 as heretofore amended of an act entitled " An
act providing against the evils resulting from the traffic in in-
toxicating liquors," passed May 14, 1886.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 9 of an act entitled "An act intoxicating
providing against the evils resulting from the traffic in in- **^"°"-
toxicating liquors," as amended April 28, 1890, and again
amended February 20, 1896 (Ohio Laws, vol. 92, 1896,
page 34), be amended so as to read as follows:

Sec. 9. That the revenues and 'fines resulting under Distribution of
the provisions of this act shall be distributed as follows, to fin^""^^ ^"**
wit: In every county three-tenths of the money paid, as
herein provided, into the county treasury on account of any
business aforesaid, carried on in any city, village, hamlet or
township therein, shall be passed to the credit of the gen-
eral revenue fund of the state and paid into the state treas-
UT)' by the county treasurer, as is provided in other cases ;
five-tenths of the money so paid, shall, upon the warrant of
the county auditor, be paid on account of any business
aforesaid, carried on in any such municipal corporation or
township into the treasury of said corporation or township,
one-half to the credit of the police fund, and one-half to
the credit of the general revenue fund thereof; provided,
ill corporations having no police fund the entire five-tenths
shall be passed to the credit of the general revenue fund
thereof, and in townships having no police fund, said one-
half of five tenths shall be passed to the credit of the poor
funds thereof; and the remaining two-tenths part thereof,
together with all other revenues resulting hereunder in said
county, shall be passed to the credit of the poor fund of
said county; provided, that in all counties in which there is
no county infirmary said remaining two-tenths part thereof
shall be passed to the credit of the infirmary fund or the
poor fund of the township, village or city in which the same
shall have been collected; and in such counties, when the
money is paid on account of any business carried on in any
township outside of any such municipal corporation, said
five-tenths, also, shall be passed to the credit of the infirm-
^ fund or the poor fund of said township ; and provided; Hamilton
that in counties having a city of the first grade of the first ^°"°^y-

Repeals.

class with a city infirmary and a county infirmary, the above
two-tenths part shaJl be divided as follows: The city infirm-
ary fund shall have passed to its credit two-tenths of all the
money so paid in said city of the first grade of the first class ;
the county infirmary fund shall have passed to its credit
two-tenths of all the money so paid in by any village, ham-
let or tOAvnship in said county, outside of said city of the
first grade of the first class ; and the above five-tenths part
of all the nioney so paid in by any township, outside of any
municipal corporation, shall be paid into the treasury of
such township, to be distributed by the order of the trus-
tees of said township to the general revenue fund and poor
relief fund, in such proportions as said trustees may deem
proper.

Section 2. That said section 9 be and the same is
hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives^

ASAHEL W. JONES,

President of the Senate,
Passed March 9, 1898. 31G

[House Bill No. 68.]

AN ACT

Municif^I cor-
porations :

Cleaning: and
care of streets -
appointment of
board ; terra :
vacancy.

Termination of
power to ap-
point; renewal
of petition.

Repeals.

To amend section 2308 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2308 of the Revised Statutes
of Ohio be so amended as to read as follows:

Sec. 2308. The ccfuncil may, in the ordinance re-
ferred to in the preceding section, designate two of the
petitioners to act without compensation, who, with the cor-
poration engineer, shall constitute a board, under whose
supervision and direction the keeping in repair of such
street or alley or part thereof, planting and taking care of
shade trees, and sprinkling and sweeping of such street
may be done; said board of commissioners shall be ap-
pointed for the term of three years, and a vacancy arising
for any cause may be filled by said council by appointment
from such petitioners for the unexpired term; the power to
appoint a board of commissioners under any one petition
shall cease after the expiration of nine years from the date
of its record, but it may be renewed at any time by another
like petition, which, when fikd and recorded, shall have the
same force and effect as the first one.

Section 2.
hereby repealed.

That said section 2308 be and the same is

Section 3. This act shall take effect and be enforced
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed March 9, 1898. 32G

[House Bill No. 181.]

AN ACT

To amend section 3886 of the Revised Statutes of Ohio, as amended
March 15, 1888.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3886 of the Revised Statutes school di«tricu:
of (^io, as amended March 15, 1888, be amended to read
as follows:

Sec. 3880. Each city having a population of 10,000 g.2^*;iJ**=^»
or more, together with the territory attached to it for school
purposes, if any, and excluding thw; territory within its cor-
porate Kmits, detached for school purposes, if any, shall
constitute a school district, to be styled a city district of the
first class; each city of the second grade of the first class, citydiatrict,
together with the territory outside of its corporate limits, SS^aSf**^
if any, attached to it for school purposes, and excluding the
territory within its corporate limits, detached for school
purpose, if any, shall constitute a school district, to be
styled a city district of the second grade of the first class;
and each district that has heretofore been constituted a city
district oi the first class, shall remain such, except as herein
otherwise provided.

Section 2. That said original section 3886, a^ Repeal*.
amended March 15, 1888, be and the same is hereby re-
pealed.

Section 3. This act shall take effect and be in force
from and after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 10, 1898. 33G

Athens state
hospital: Resto-
ration of burned
portion.

Contracts for
work.

Appropriation.

[Senate Bill No. 125.]

AN ACT

To provide for the restoration and improvement of the rear central
building of the state hospital for insane, at Athens, Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the board of trustees of the state hos-
pital for insane, at Athens, Ohio, is hereby authorized to
employ labor and purchase material necessary for the res-
toration and furnishing of the rear central building of said
» hospital, recently destroyed by fire, with such improvements
therein as the present necessities of the hospital demand.
Contracts for labor and material may be let, according to
law, for any parts of said work where contracts are found
to be practicable, and to the best interests of the state.

Section 2. To provide the means for carrying out
the provisions of section 1, of this act, the sum of thirty
thousand dollars is hereby appropriated, from any money
in the state treasury to the credit of the general revenue
fund not otherwise appropriated.

Section 3, This act to take effect and be in force
from and after its passage.

JOHN R GRIFFITH,
Speaker pro tern, of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 10, 1898. 34G

Insurance on
fair g^round
property.

[House Bill No. 283.]

AN ACT

To authorize the county commissioners of any county owning agri-
cultural or fair ground property to keep the buildings thereon
insured.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the county commissioners of any
county owning agricultural or fair ground property be and
are hereby authorized to keep the buildings thereon insured,
if deemed proper by said commissioners.

Section 2. This act shall take effect from and after
its passage.

JOHN K GRIFFITH,
Speaker pro tern, of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 10, 1898. 35G

Boards in Rich-
land and Stark
counties: ap-
pointment and
qualifications
of members.

Distribution of
members.

Recommenda-
tions b^ party
executive com-
mittees.

[Senate Bill No. 101.]

AN ACT

To amend supplementary section 2926^ — 1, as enacted April 16, 1896
(92 0. L., p. 167.)

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 29266 — 1 of the Revised ^^^^j^"*'^ °^ *^*^-
Statutes of Ohio, as enacted April 16, 1896, be amended as
follows :

Sec. 29266 — 1. In Richland county and in all counties
which now contain, or which may hereafter contain a city
of the fourth grade in the first class, a board of elections for
such city and county to consist of four electors of such
county of well known intelligence and integrity, two of
whom shall belong to each of the two leading political par-
ties which cast the highest and the next highest number of
votes in such county at the next preceding November elec-
tion, shall be appointed by the secretary of state. Not more
than two members of this board shall be residents of the
township in which the county seat is located except in Rich-
land county; provided, that if the executive committees of
the two political parties casting the highest and the next
highest number of votes in such county at the last preced-
ing November election, recommend qualified and suitable
persons to the secretary of state at least ten days before the
appointments are made, then the secretary of state shall
appoint the persons so recommended to the number to
which each party is entitled; but if no recommendation is
made as above provided, or, if in the judgment of the sec-
retary of state any person or persons so recommended shall
be regarded by him as an unsuitable or impi^oper person
for such position, then the secretary of state shall make said
appointments agreeably to the provisions of this act. In
the appointment of such board of elections by the secretary
of state, two members of different political parties shall be
designated to serve for two years from the date of their
appointment, and the other two, thereof, of different polit-
ical parties, shall be designated to serve for four years from
that time; and biennially thereafter two members of differ-
ent political parties shall be appointed in the manner as
hereinbefore provided for the term of four years. Pro-
vided, that in Richland and in all such counties containing
a city of the fourth grade in the first class, the terms of the
members of the present boards of elections shall expire on
the 31st day of May next, and their successors, and a secre-
tary for such boards shall be appointed in accordance with
the provisions of this act, on or before the first day of June,
1896, and annually or biennially thereafter as required by
this act For misconduct or neglect of duty, the secretary
of state may remove any member of said board, and any
vacancy which may occur in such board by death, resigna-
tion, removal or disability of its members, shall be filled by

Terras.

Incumbents and
their successors.

Removals ;
vacancies.

Appointment,
qualifications,
term and re-
moval of secre-
tary; vacancy.

Powers and du-
ties of members
and secretary.

Repeals, etc.

appointment of the secretary of state for such unexpired
term or terms, and all appointments to positions on said
board shall be so made that each of the two leading political
parties shall at all times have as near as may be equal rep-
resentation in said board. The secretary of state shall also
appoint a secretary of such board, who shall be an elector
of such county, fully qualified for such place, and who shall
serve for a period of four years; but he may be removed
by the board for any official misconduct, and the votes of
not less than three members of the board shall be necessary
for such removal. In case of a vacancy in the office of
secretary from any cause, the secretary of staAe shall ap-
point his successor. The members of the board and the
secretary appointed hereunder shall have the same pow'ers
and perform all of the duties prescribed in section 29266 and
such other and further powers and duties as are prescribed
by law.

Section 2. Section 29266 — 1, as enacted April 16,
1896, shall be repealed May 30, 1898, and this act shall be
in force on and after May 30, 1898.

JOHN R GRIFFITH,
Speaker pro tern, of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 10, 1898. 36G

[Senate Bill No. 180.]

AN ACT

cities of second
class, third
firadea (Spring-
field) authorized
to issue water-
works bonds.

Bonds and inter-
est, etc.

To authorize cities of the second class, third grade a, to issue bonds
for water-works purposes.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the council of any city of the second
class, third grade a, wherein water-works have been or
hereafter may be constructed, be, and it is hereby author-
ized and empowered, upon application of the trustees of
water-works of such city, to issue, from time to time, bonds
of such city, designated ''water-works bonds," not exceed-
ing in the aggregate fifteen thousand ($15,000.00) dollars,
for the purpose of extending water mains or pipe lines and
for the purpose of making other improvements to the
waterworks service of any such city.

Section 2. Such bonds shall be in such denomina-
tions, run for such length of time, not exceeding thirty (30)
years, and bear such rate of interest, not exceeding five per
cent, per annum, payable semi-annually, as such council
may by ordinance determine. They shall be signed by the
mayor and the city clerk of such city and be sealed with the
seal of the corporation, and shall be advertised and sold in
the manner provided by law for the sale of municipal bonds,

and the proceeds of the sales thereof shall be applied exclu-
sively to the purposes for which such bonds are issued.

Section 3. For the purpose of paying the principal Levy to meet
and interest of any bonds issued under authority of this act, prlScipLf °^
as they mature, the council of any such city is hereby au-
thorized and empowered, from time to time, to levy upon
all the taxable property of such city, and collect a tax suf-
ficient to pay such principal and interest.

Section 4. This act shall take effect and be in force
from and after its passage.

JOHN E. GRIFFITH,
Speaker pro tent, of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 10, 1898. 37G

[House Bill No. 13.]

AN ACT

To amend section 2 of an act entitled " An act to provide for the col-
lection of information relative to accidents occurring in the
workshops and factories of the state," passed March 21, 1888
(O. L., vol. 86, p. 100 ; R. S.. vol. 2, p. 2442.)

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2 of the act entitled "An act shops and fac-
to provide for the collection of information relative to acci- *°"*^*'
dents occurring in the workshops and factories of the state, *
be so amended as to read as follows:

Sec 2. That any manufacturer who shall fail to com- ?*^p°^j^ ?^ \^^'
ply with the requirements of this act in each case of death inj"u?y; penaitjr
b> accident Vrithin seven days thereafter, and in each case ^"^^ failure.
of injury by accident within thirty days thereafter, shall be
deemed guilty of a misdemeanor, and on conviction thereof
before any court of competent jurisdiction, shall be fined in
any sum not less than ten dollars nor more than fifty dol-
lars. The term manufacturer, as applied in section one Manufacturer"
and in section two of this act, shall be held to mean any ^^^"^«^-
person who, as owner, manager, lessee, assignee, receiver,
contractor, or who, as agent of any incorporated company
.Takes or causes to be made or who deals in any kind of
goods or merchandise, or who owns, controls or operates
any street railway or laundrying establishment, or is en-
gaged in the construction of buildings, bridges or struc-
^res, or in loading or unloading vessels, or cars, or mov-
ing heavy materials, or operating dangerous machinery, or
in the manufacture or use of explosives.

Section 2. That said section 2 of an act entitled "An Repeals, etc.
act to provide for the collection of information relative to
accidents occurring in the, workshops and factories of the

state," passed March 21, 1888, is hereby repealed, and this
act shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 9, 1898. 38G

[House Bill No. 62.]

AN ACT

To amend section 1707</— 32 of the Revised Statutes.

Section 1. Be it efiactcd by tlie General Assefnbly of
Officers of cities, ffte State of Ohio, That section 1707d — 32 of the Revised
*^^" Statutes of Ohio be amended so as to read as fallows:

Cily solicitor ;
appointment :
bond: Halary ;
duties.

Kepeals.

Sec. 1707(f — 82. The city solicitor shall be appointed
by and give bond to the satisfaction of the board of cily
affairs, in the sum of not less than twenty-five hundred
dollars, conditioned on the faithful performance of his du-
ties, and he shall receive such salary, payable monthly, as
may be provided by order of the board, and in addition
thereto a reasonable compensation for his services in each
civil action or proceeding in a cou;t of record, to which
such city of the second grade of the second class is a panv,
and upon final order being made or judgment rendered in
any such action or proceeding the court shall fix the said
compensation therefor, which shall then be payable to such
city solicitor from the treasury of such city, provided that
the total amount of his salary and compensation afore-
said, shall not exceed three thousand dollars ($8,000.00) in
any period of twelve months, counting from the first day
of May of one year to the first day of May of the next
year; he shall perform all the duties provided by statute
and by ordinance of any such city of the second grade oi
the second class for the city solicitor, and in addition
thereto shall act as the legal advisor of and attorney for
the board of city affairs, and all other boards of such city.

Section 2. Said original section 1707rf — 82 is hereby
repealed.

Section 8. This act shall take effect and be in fcwce
from and after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatkc^.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 11, 1898. 89G

Township board
of education ;
how constituted
and organized.

[Senate Bill No. 8.]

AN ACT

To amend sections 3915, 3916, 3917, 3920, 3922, 3927, 3978, 3981, 4017
and 4081, and to reenact and amend section 3918, of the Revised
Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 3915, 3916, 3917, 3920, to;^;"^*''*?^^^
3922, 3927, 3981, 4017 and 4018 be amended, and that • p^^»^^ ^»«^"^*'*-
section 3918 be reenacted and amended so as to read as
follows:

Sec. 3915. The board of education of each township
district divided into subdistricts shall consist of the town-
ship clerk, and one director elector [elected] for a term of
three years for each subdistrict; such board shall organize
en the third Monday in April of each year by electing one
of its members president. The clerk of the township shall
bt ex officio the clerk erf the board, but shall have no vote
except in case of a tie.

Sec. 3916. There shall be. elected by ballot on the
second Monday of April, 1893, in each subdistrict, by the
qualified electors thereof, one competent person, having
the qualifications of an elector therein, to be styled direc-
t'jr. Those elected shall be divided upon the third Mon-
day of April thereafter by lot, into three classes as nearly
equal as possible; the directors of the first class shall ser\'e
for the term of one year, the directors of the second class
for two years, and the directors of the third class for three
years; and there shall be elected on the second Monday
of April, 1898, in each subdistrict, by the qualified electors
thereof, two competent persons, having the qualifications
0^ electors therein, to be styled subdirectors. In all sub-
districts where directors are elected in 1898, one. subdi-
rector shall be elected for the term of one year, and one
for the term of two years; in all subdistricts where direc-
tors shall be elected in 1899, one subdirector shall be
elected for the term of two years, and one for the term of
three years, and in all subdistricts where directors shall
be elected in 1900, one subdirector shall be elected for
the term of one year, and one for the term of three years.
All elections of directors or subdirectors thereafter shaJl
be held on the second Monday of April, and all directors
or subdirectors shall serve until their successors are elected
and qualified.

Sec. 3917. The director of each subdistrict shall post
TOtten or printed notices in three or more conspicuous
places in his subdistrict, at least six days prior to the
flection, designating the day and hour of opening, and the
hour of closing the election; and he shall also designate
whether a director or subdirector shall be elected. The
t'iection shall be held at the usual place of holding school

Directors; first
election.

Classes.

Subdirectors :
election ; terms.

Subsequent
elections.

Notice of elec-
tion.

Designation of
office to be filled.

Where held.

Judges n oath.

Board of sub-
^ircctors; record
of proceed! ngrs.

Notice of meet-
ing to elect
teacher.

Regular and
:special sessions
of board.

How special ses-
sions called.

Standing com-
mittees.

Duties of com-
mittees.

meetings in the subdistrict; the meeting shall be organized
by appointing a chairman and secretary, who shall act as
judges of the election under oath or affirmation, which oath
or affirmation may be administered by the director of the
subdistrict, or any other person competent to administer
such an oath or affirmation, and the secretary shall keep
a poll-book and tally-sheet, which shall be signed by the
judges, and delivered within five diavs to the clerk of the
township. [77 v. 63.]

Sec. 3918. The directors and subdirectors of each dis-
trict shall constitute the board of subdirectors, two of
whom shall constitute a quorum, and at the meetings of
which the director shall preside, and record their proceed-
ings in a book that shall be provided ior that purpose by
the board of education, together with the minutes of the
proceedings of the annual school meetings hdd in the sub-
district by the electors thereof, which shall be a public
record; all such proceedings when So recorded, shall be
signed by the director; if the director be absent, either (A
the subdirectors may officiate in his place. The board of
subdirectors shall hold regular sessions on the third Sat-
urday of April and August, and may meet as frequently as
they deem necessary for the purpose of electing teachers;
but no teacher shall be elected at a meeting of which due
notice has not been given to each member of the board of
subdirectors, either personally, or by written notice left
at his residence or usual place of business.

Sec. 3920. The board of education shall hold regular
sessions on the third Monday of April, June, August, Oc-
tober, December and February, at the usual places of hold-
ing township elections, or at such place in the immediate
vicinity thereof as may be convenient, for the transaction
of business, and may adjourn from time to time, or hold
special meetings at any other time or place within the town-
ship, as it deems desirable, for the transaction of business;
which special meeting may be called by the township clerk,
by the president of the board, or by two or more members
of the board, but each member of the board must be duly
notified thereof personally, or by written notice left at his
residence or usual place of business. The president of each
board of education at the annual meeting on the third
Monday in April sliall appoint at least three standing com-
mittees, to be styled respectively: (1) committee on teach-
ers and text books; (2) committee on buildings and
grounds; (3) committee on supplies; and he may appoint
such other committees as may be deemed expedient. It
shall be the duty of the committee on teachers and text
books to consider the certificates of elections of teachers
filed by the boards of subdirectors to recommend such
changes in text books or course of study, or addition to
school libraries as may be desired from time to time; it
shall be the duty of the committee on buildings and grounds
to have an immediate oversight of all buildings, heating

Action of com-
mittee not bind-
ing.

Blection in new
subdistrict.

apparatus, furniture, school sites and repairs, and shall
make reports in reference to the same from time to time
to the board of education; it shall be the duty of the com-
mittee on supplies to consider all matters relating to fuel
and ordinary supplies used by the schools of the township
and make reports to the board of education from time to
time. But no act of any standing committee shall be bind-
ing on the board of education without its approval. [70 v.
195, sec. 31; 86 v. 346.]

Sec 3922. When the board consolidates two or more
subdistricts into a new subdistrict, or establishes a new
subdistrict in any other way, it shall call a special meeting
of the qualified electors resident in the new subdistrict
for the purpose of electing one director and two subdirec-
tors for the same; at least five days before the time fixed Notices,
for the meeting, the board shall post, in three of the most
public plajces in the new subdistrict, written or printed
notices stating time, place and object of holding the meet-
ing; the election shall be conducted as provided in this
cteipter, and a director shall be elected to serve the term
which will render the classes of directors most equal, from
the annual meeting on the third Monday of April next
preceding the organization of the new subdistrict; a/nd the
terms of the two subdirectors shall be determined by lot;
and the terms of office of the directors and subdirectors
of subdistricts so consolidated, shall expire at the time such
new district is created.

Sec. 3927. When a special district is abandoned, there
shall be an election of director and two subdirectors, as
provided in this chapter, and for the terms directed in sec-
tion 3922. The clerk of the special or village district board
shall deliver to the clerk of the township board, all the
books and papers of the special district in his custody, and
notify the county auditor, in writing, of the abandonment
of the organization of the district; the treasurer of the
special or village district board shall deliver to the treas-
urer of the township board all the books, papers and
money of the special or village district in his possession;
the township board shair complete all unfinished business
pertaining to the special or village district; any debt con-
tracted by the special or village district board ^all be paid
out of the money transferred to the treasurer of the town-
ship board, as herein provided, and out of the money aris-
ing from the taxes levied by the special or village district
board; and if such funds are insufficient therefor, the re-
mainder shall be paid by a special tax upon the property
of the subdistrict so created.

Sec. 3978. In all cases of tie votes at an election for tic vote.
[director] directors or subdirectors, the judges of election
shall decide the election by lot; and in other cases of Failure to elect
failure to elect directors or subdirectors, or in cases of a Zrvl!"^^^ '°
refusal to serve, the board shall appoint.

How conducted ;
term of director.

Terms of sub-
director deter-
mined by lot.

Election when
special district
abandoned.

Property in cus-
tody of clerk ;
notice to county
auditor.

Property in cus-
tody of treas*
urer.

Unfinished

business.

Debts.

special tax.

Vacancies iu
board of educa-
tion, or office of
subdi rector ;
how filled

Control of
schools vested
in board ; ap-
pointees.

Salaries.
Terms.

Election of
teachers in sub-
districts.

Certificate of
election to be
filed; reference
to standing com-
mittee.

Report of com-
mittee ; confirm-
ation.

Failure to con-
firm.

Failure to elect
or confirm.

Dismissals.

Unlawful em-
ployment of su-
perintendent of
township board.

Sec. 3981. Vacancies in any board of education, or
vacancies in the office of subdirector of any subdistrict
arising from death, non-residence, resignation, expulsion
for gross neglect of duty, failure of a person elected or
appointed to quaHfy within ten days after the annual or-
ganization or after his appointment, or from other cause,
which occur more than fifteen days before the next annual
election, the board shall fill within ten days from the oc-
currence of the vacancy, until the next annual election,
when a successor shall be elected to fill the unexpired tenn;
provided such vacancies [in township boards] may be filled
by the board of education at the next regular meeting, as
prescribed in section 3920.

Sec. 4017. Each board of education shall have the
management and control of public schools of the district
with full power to appoint a superintendent and assistant
superintendents of the schools, a superintendent of build-
ings, janitors and other employes, and fix their salaries,
and shall fix the salaries of the teachers, which salaries may
be increased, but shall not be diminished during the tenn
for which the appointment is made; but no person shall
be appointed for a longer time than that for which a mem-
ber of the board is elected. And, in township districts
divided into subdistricts, the board of subdirectors shall
elect the teachers in their respective subdistricts, but such
election shall be subject to confirmation by a majority of
the board of education. Whenever any board of subdirec-
tors elects a teacher, the director thereof shall at once file
a certificate of such election, signed by at least two mem-
bers of such board, with the township clerk, who shall refer
such certificate of election to the standing committee on
teachers, and such committee shall make a report of the
same to the board of education, and the board of educa-
tion shall confirm or refuse to confirm such election at its
next regular meeting after the filing of such certificate of
election, wath the township clerk. If the board of educa-
tion fails to confirm the teacher elected by any board of
subdirectors, such board of subdirectors shall elect an-
other teacher before the next regular meeting of the board
of education; if the board of subdirectors fail to elect a
teacher for their school, or if the board of education shall
fail to confirm such election on or before the third Mon-
day in August of any year, the board of education shall
then employ a teacher for such subdistrict. The board
of education may dismiss any appointee or any teacher for
inefficiency, neglect of duty, immorality or improper con-
duct.

Sec. J:018. It shall be unlawful for the township board
of education, prior to the annual election on the second
Monday of April, and the qualification of the director or
directors elected thereat, to employ or contract to employ
any [teacher] superintendent for a term to commence after
the expiration of the current school year; and said board

at the end of any month, or at the end of the term, shall empioymcn^/and
give to the teacher or superintendent employed by them services,
certificates of such employment and of the services ren- orders for pny.
dered, addressed to the township clerk, who, upon presen-
tation thereof, and compliance by such teacher or superin-
tendent with the provisions of section 4051, shall draw
orders on the township treasurer for the amounts certified
to be due, in favor of the parties entitled thereto, and the
treasurer shall pay the same.

Section 2: Sections 3915, 3916, 3917, 3920, 3922, Repeals, etc.
3927, 3978, 3981, 4017 and 4018 of the Revised Statutes
of Ohio as amended (vol. 89, page 93 O, L.) are hereby
repealed. This act shall take effect on its passage.
JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 11, 1898. 40G

[House Bill No. 239.]

AN ACT

To amend section 4730 of the Revised Statutes of the state of Ohio,
as passed April 25, 1893.

Section 1. Be it enacted by the General Assembly of
tk State of Ohio, That section 4730 of the Revised Statutes,
parsed April 25, 1893, be amended to read as follows:

Sec. 4730. The superintendent of any improved or
n^acadamized road, supervisor of county and township
roads, or street commissioner of any city or village, shall
between the hfteenth and thirtieth days of June, and be-
tween the first and fifteenth days of August, and between
the fifteenth and thirtieth days of September of each year,
cat all brush, briers, Canada or common thistles, or other
noxious weeds growing within the limits of any county or
township road, improved or macadamized road, street or
alley within their jurisdiction; such superintendent or
supervisor shall be allowed not to exceed f 1.50 per day
ior all necessary labor, to be allowed by the trustees and
paid by the treasurer of such township out of the road
t'und then in his hands. Such amount so paid shall be
charged as a tax upon the land where such work has been
'tone and certified up to the county auditor by the township
clerk of the township where such work has been done, and
become a lien upon such land and to be paid the same as
any other tax. The superintendent or supervisor of any
J^uch roads may allow any land-owner or tenant to cut and
destroy any such brush, briers or weeds growing on such
highways along the lands abutting on such highways
owned or occupied by such land-owner or tenant, and

Supervisors and
road work :

Destruction of
brush, briers,
weeds, etc., on
highways.

Compensation.

Kxpense to be
charged against
land.

Owner or tenant
may perform
labor: compen-
sation.

or occupant.

Destruction of
briers, brush,
etc., on toll
roads ; penalty.

allow not to exceed f 1.25 per day therefor, which amount
shall be credited on the road tax of that year assessed

Notice to owner against said premises; provided however, that before any
such supenntendent or supervisor shall enter on any such
lands as herein specihed for said purposes, he shall give
at least five days' notice in writing to the owner or occu-
pant of such lands. The superintendent or manager of
any toll road shall cut and destroy all brush, briers and
noxious weeds growing within the limits of any such road
between the davs of each month, as above specified in this
section, and in default thereof, and for five days thereafter,,
the trustees of any township through which any such road
passes, shall cause said brush, briers and weeds to be cut
and destroyed, and shall have right of action against any
such toll road compjmy for the amount of such work, to-
gether with one hundred per cent, penalty, and cost of
action to be recovered before any justice of the peace of
such county.

Repeals, etc. SECTION 2. That said section 4730 as amended is

hereby repealed and this act shall take effect and be in
force from and after its passage. »

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 15, 1898. 41G

Appropriations
to pay public
debt.

[House Bill No. 165.]

AN ACT

To make an appropriation to pay the principal and interest on the
public funded debt and interest on the irreducible debt and
expense of the sinking fund commission.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated
from any money that may be in the treasury or that may-
come into the treasury, belonging to the sinking fund, the
following sums for the purposes herein named: For pay-
ment of the principal of the funded debt due July 1, 1898.
and July 1, 1899, four hundred and ninety thousand
(|!490,006) dollars; for payment of interest on funded debt,,
eighty thousand (Jf80,000) dollars, or so much thereof as
may be necessary to pay the interest falling due July 1,
1898, and January 1, 1899, and July 1, 1899, and January
1, 1900; for interest on irreducible debt of the state, which
constitutes the school, ministerial, indemnity fund, Ohio
university and Ohio state university, five hundred and sev-
enty thousand (|570,0O0) dollars; for the expense of the
commissioners in paying the loan and interest due July
1, 1898, and « January 1, 1899, and July 1, 1899, and Janu-
ary 1, 1900, 'fourteen hundred (Jl,400) dollars; for pay-

ment of the office expenses of the commissioners of the
sinking fund, including salary of clerk, three thousand
(f3,000) dollars; for carpets, furniture and repairs, two
hundred (f200) dollars.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS R CROMLEY,

President pro tern, of the Senate.
Passed March 15, 1898. 42G

[House Bill No. 164.]

AN ACT

To make appropriation for the support of common schools.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated Appropriation

. ' . J • ' J. .1 J. f Vl for common

from any moneys raised or coming into the state treasury, schools.
for the support of common schools, for the fiscal year end-
ing November 15, 1898, and for the fiscal year ending No-
vember 15, 1899, the sum of three million five hundred
and sixty-six thousand nine hundred and forty-seven (f3,-
566,947) dollars, or as much as may come into the state
treasury for that purpose, to be distributed and paid in
the manner provided by law, agreeable to section 3956 of
the Revised Statutes.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives. ,

THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Passed March 15, 1898. 43G

[Senate BiU No. 102.]

AN ACT

To amend section 6560 as amended April 27, 1893 (O. L., vol. 90,

p. 358);

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6560 as amended April 27, justices of the
1893 (O. L., 90, p. 358), be amended so as to read as fol- ^''^'''
lows: '

Sec. 6560. It shall be lawful for the justice before causes for new

whom a cause has been tried, on motion, and being satis- such'iri"t^°^

fied that the verdict was obtained by fraud, partiality or "°sit?'art^

undue means, at any time within four days after the enter- ^^* ^ ^^^ ^

or occupant.

Destruction of
briers, brush,
etc., on toll
roads ; penalty.

allow not to exceed fl.25'per day therefor, which amount
shall be credited on the road tax of that year assessed
or^'oi^unnm'^"*'^ agaittst Said premises; provided however, that before any
or orrunnn . ^^^^^ Superintendent or supervisor shall enter on any such
lands as herein specihed for said purposes, he shall give
at least five days' notice in writing to the owner or occu-
pant of such lands. The superintendent or manager of
any toll road shall cut and destroy all brush, briers and
noxious weeds growing within the limits of any such road
between the davs of each month, as above specified in this
section, and in default thereof, and for five days thereafter,
the trustees of any township through which any such road
passes, shall cause said brush, briers and weeds to be cut
and destroyed, and shall have right of action against any
such toll road company for the amount of such work, to-
gether with one hundred per cent, penalty, and cost of
action to be recovered before any justice of the peace of
such county.
Repeals, etc. SECTION 2. That said section 4730 as amended is

hereby repealed and this act shall take effect and be in
force from and after its passage. '

HARRY C. MASON,
Speaker of the House of Representatkes.
THADDEUS E. CROMLEY,

Presideftt pro tern, of the Setiate.
Passed March 15, 1898. 41G

Appropriations
to pay public
debt.

[House Bill No. 165.]

AN ACT

To make an appropriation to pay the principal and interest on the
public funaed debt and interest on the irreducible debt and
expense of the sinking fund commission.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated
from any money that may be in the treasury or that may
come into the treasury, belonging to the sinking fund, the
following sums for the purposes herein named: For pay-
ment of the principal of the funded debt due July 1, 1898.
and July 1, 1899, four hundred and ninety thousand
(?490,000) dollars; for payment of interest on funded debt,
eighty thousand (f80,000) dollars, or so much thereof as
may be necessary to pay the interest falling due July 1»
1898, and January 1, 1899, and July 1, 1899, and January
1^ 1900; for interest on irreducible debt of the state, which
constitutes the school, ministerial, indemnity fund, Ohio
university and Ohio state university, five hundred and sev-
enty thousand ($570,000) dollars; for the expense of tlic
commissioners in paying the loan and interest due July
1, 1898, and. January 1, 1899, and July 1, 1899, and Janu-
ary 1, 1900, 'fourteen hundred (Jl,400) dollars; for pay-

ment of the office expenses of the commissioners of the
sinking fund, including salary of clerk, three thousand
(^,000) dollars; for carpets, furniture and repairs, two
hundred (|200) dollars.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 15, 1898. 42G

[House Bill No. 164.]

AN ACT

To make appropriation for the support of common schools.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated Appropriation

f -J ••^.iV.^fV.. for common

from any moneys raised or commg mto the state treasury, schools.
for the support of common schools, for the fiscal year end-
ing November 15, 1898, and for the fiscal year ending No-
vember 15, 1899, the sum of three million five hundred
and sixty-six thousand nine hundred and forty-seven (f3,-
566,947) dollars, or as much as may come into the state
treasury for that purpose, to be distributed and paid in
the manner provided by law, agreeable to section 3956 of
the Revised Statutes.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the Hovtse of Representatives. ,

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 15, 1898. .43G

[Senate Bill No. 102.]

AN ACT

To amend section 6r560 as amended April 27, 1893 (O. L., vol. 90,

p. 358).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6560 as amended April 27, justices of the
1893 (O. L., 90, p. 358), be amended so as to read as fol- ^''''^'
lows:

Sec. 6560. It shall be lawful for the justice before causes for new

whom a cause has been tried, on motion, and being satis- such'tri"!^"""

fied that the verdict was obtained by fraud, partiality or "osite*°rt'^

undue means, at any time within four days after the enter- ^^^^ ^ ^^ ^'

!^^rli

ing of judgment, to grant a new trial, and he shall set a
time for the new trial, of which the opposite party shall
have at least three days* notice.
Repeal., etc. SECTION 2. That scction 6560 as amended April 27,

1893 (O. L., vol. 90, p. 358), be and the same is hereby re-
pealed, and this act shall take effect on and after its passage.

HARRY C. MASON,
Speaker of the House of Representatkcs.
ASAHEL W. JONES,

President of the Senate.
Passed March 17, 1898. 44G

[Senate Bill No. 75.]

AN ACT

Additional judge
in first subdi-
vision of third
district.

First election
and terra of
office.

Subsequent elec-
tions.

SheriflTs procla-
mation of elec-
tion : returns.

Compensation,
jurisdiction^
powers, duties
and penalties.

To authorize the election of an additional judge of the court of
common pleas in the first subdivision of the third judicial
district of Ohio.

Section 1. Be it enacted by the General Assefnbiy of
the State of Ohio, That for the first subdivision of the third
judicial district of the state of Ohio, there shall be an
additional judge of the court of common pleas, who shall
be a resident of said subdivision of said district, com-
posed of the counties of Allen, Auglaize, Mercer, Shelby
and Van Wert, to be elected by the qualihed voters of said
counties as herein provided.

Section 2. The first election of said additional judge
shall be held pursuant to the general election laws of the
state of Ohio governing the election of judges of the court
of common pleas, at the general election for state and
county offices, on the first Tuesday after the first Monday
of November A. D. 1898, and the term of office of said
judge shall commence on the second Monday of Januar)-,
1899, and shall continue for five years; and his successor
shall be elected on the first Tuesday after the first Monday
in November 1903, and every five years thereafter.

Section 3. It shall be the duty of each sheriff of each
county of said subdivision to give notice, by proclamation,
as is now provided by law, of the time and place of holding
such election, which shall be conducted and the returns
thereof made in the same manner as is required by law in
cases of the election of judges of the court of common
pleas.

Section 4. Said judge, when elected and qualified,
shall receive the same compensation as other judges of said
court; and shall also, in every respect, have the same juris-
diction, possess the same power, discharge the same duties,
and incur the same penalties, as are now or mav hereafter
be confessed [conferred] or enjoined by the constitution and
laws of the state of Ohio upon other judges of said court.

Section 5. If a vacancy occur in the office of said vacancies,
additional judge by death, resignation, or otherwise, such
vacancy shall be filled in the manner now provided by law
in vacancies in the office of other judges of said court.

Section 6. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Represetitatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 17, 1898. 45G

[Senate Bill No. 203.]

AN ACT

To aathorize the governor of Qhio to convey to the United States
of America certain land situated within the corporate limits of
the city of Marietta, state of Ohio, being part of the commons
in said city, bounded by Putnam street, Front street, Butler
street and the Muskingum river; and authorizing the city of
Marietta to erect and maintain city buildings and structures
on the said commons in said city for public use.

Whereas, The Ohio company, in pursuance of reso- Preamble:
lutions of congress, passed on the twenty-third and twenty-
seventh davs of July, 1786, entered into a contract with the
board of treasury of the United States for the purchase of
one million acres of land within certain limits ; and

Whereas, By ordinance of May 20, 1785, section 29
of each township within the limits of said purchase was
reserved by the United States for the purpose of religion;
and,

Whereas, By resolution of August 30, 1787, the Ohio
company directed that five thousand seven hundred and
sixty acres of land near the confluence of the Muskingum
and Ohio rivers be reserved for a city and commons, which
was accordingly done, and the city of Marietta laid out
and the plat as it now exists, adopted; and

Whereas, It was subsequently made to appear that a
considerable portion of the said tract of five thousand seven
hundred and sixty acres was covered by section twenty-
nine, devoted to the purposes of religion as aforesaid ; and.

Whereas, Subsequently on the twenty-sixth day of
November, 1795, the said Ohio company recognized the
fact that it had no right or title to said section twenty-nine,
and made other provisions for the proprietors whose lots
had fallen uathin that section ; and.

Whereas, The said ministerial section, so lying within
said city limits, was subsequently invested in the state of
Ohio, in trust for the purposes for which it was reserved
by congress, and the state of Ohio has vested said section

ill trustees called ministerial trustees, in trust for the pur-
poses of carrying out the intention of congress; and,

Whereas, The city of Marietta has also been invested
with general corporate powers over the commons and
streets of said city, but the legal title to the said commons
have remained in the state of Ohio, to be managed by the
said trustees in accordance with the resolution of congress;
and,

Whereas, The government of the United States, as
part of its scheme for the improvement of the Muskingum
river has built, and is maintaining, a permanent lock on
the margin of said commons, and desires to erect a lock-
keeper's house on said commons, near the central portion
of said lock, and maintain the same, to be used in connec-
tion with the improvement and control of said Muskingum
river; and.

Whereas, The said ministerial trustees, by resolution
duly passed on the tenth day of February, A. D. 1898,
granted to the United States of America, to the full extent
that they could grant the same, the right to erect and per-
manently maintain a lock-keeper's house on said part of
said commons, together with the permanent right of way
for ingress and egress of persons and vehicles to and from
said lock-keeper's house, across said commons, from and
to said Front street; and.

Whereas, The said trustees also requested the general
assembly of the state of Ohio to enact any legislation neces-
sary or proper to vest in the United States of America, the
right to erect and to permanently maintain said lock-
keeper's hoiise, at or near said site, together with said
permanent right of way; and, .

Whereas, The said trustees, by said resolution, did
also give and grant to the city of Marietta, Ohio, to the
full extent that said trustees could give and grant the same,
the right to erect and permanently maintain city buildingfs
and structures with all necessary or -proper rights of way
to and from the same over and across said commons on
said part of said commons in said city, bounded by Put-
num street. Front street, Butler street and Muskingum
river, not already occupied by any building or structure
now controlled or claimed by said city, and not within
said site or said right of way, and not interfering with said
existing buildings and structures not so controlled or
claimed by said city, and rights of way to and from the
same or of the said lock-keeper's house, and said right of
way to and from the same, and also requested the general
assembly of the state of Ohio to enact any legislation
necessary or proper to carry out said request, and to vest
in said city the right to erect and permanently maintain city
buildings and structures and the rights of way as afore-
said; and.

Whereas, The city council of the city of Marietta,
Ohio, did on the eighth day of February, 1898, duly pass

a resolution granting to the United States of America, to
the full extent that said city could grant, the right to erect
and permanently maintain a lock-keeper's house on the
part of said commons hereinbefore mentioned, and also
requested the general assembly of the state of Ohio to
enact any legislation necessary or proper to vest in the
United States of America, the right to erect and perma-
nently maintain said lock-keeper's house, at or near said
site, together with said permanent right of way to and from
said lock-keeper's house, across said commons, from and
to said Front street, and also requesting the general as-
sembly of the state of Ohio to enact any legislation neces-
sary or proper to vest in said city the right to erect and
permanently maintain city buildings and structures with all
necessary or proper rights of way to and from the same,
over and across said commons on said part of said com-
mons of said city, bounded by Putnam street, Front street,
Butler street and the Muskingum river, not already occu-
pied by any building or structure, and not within said site
or right of way to and from the same, or to said lock-
keepers house and said right of way to and from same;
and.

Whereas, The United States is willing to put the said
commons lot in presentable condition, and to improve and
maintain in such condition so much at least of said com-
mons lot as it may be permitted to improve and control;
now, therefore,

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the governor of the state of Ohio Governor to is-
be, and he is hereby, authorized for and on behalf of the uhi^trSJtSf *"""
Slate of Ohio to convey to the United States of America the ^*2f^^° united
land necessary for the construction and proper use of said
lock-keeper's house on the commons aforesaid, together
with the right of way to and from Front street for the pur-
pose of erecting and maintaining a lock-keeper's house
as aforesaid. ^'Bounded and described as follows: Be-
^nning on the southwesterly side of Front street three
hundred and forty feet southerly from its intersection with
Putnam setreet; thence at right angles with said Front
street to the land wall of the lock No. 1 in said Muskin-
gum river; thence at right angles southerly forty-five feet;
thence at right angles to Front street; thence with same
northerly to the beginning; but said deed shall contain a
provision and condition that no dwelling house or other
structure shall be located or erected on said right of way
nearer than two hundred and ten feet from Front street."

Section 2. 'ihat the city of Marietta, in the state of Marietta author-
Ohio, is herebv authorized to erect and permanently main- bund?ng7oV*^^
tain city buildings and structures for public use, together commons.
^-ith the necessary and proper rights of way to and from
the same over and across said commons, on said part of
said commons in said city, bounded by Putnam street,
I ront street, Butler street, and the Muskingum river, not

already occupied by any building or structure not used
or controlled by said city, and not within said site or said
rights of way and not interfering with any existing build-
ings and structures and rights of way to and from the
same, not used or controlled by said city, or with said lock-
keeper's house, and said right of way to and from the
same.

Sectk^n .*i. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON.
Speaker of the House of Representatives.
ASAHEL W. TONES,

President of the Senate.
Passed March 17, 1898. 46G

Circuit courts:

Review of judg-
ment or final
order : when er-
ror in record
must be stated.

Application of
act.

Repeals.

[Senate Bill No. 62.]
AN ACT

To aiiiend section 6709 of the Revised Statutes of Ohio, as amen-
ded (O. L., 91, pa^e 278).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, lliat section 6709 as amended (91 O. L
page 278), of the Revised Statutes of Ohio be so amended
so as to read as follows:

Sec. 6709. A judgment rendered or final order made
by any court of common pleas, or a judge thereof, mav be
reversed, vacated or modified by the circuit court of the
county wherein such court of common pleas is located, for
errors appearing upon the record. All errors assigned in
the petition in error shall be passed upon by the court,
and in every case where a judgment or order is reversed
and remanded for a new trial or hearing, the circuit court
shall, in its mandate to the court below, state the error or
errors found in the record upon which the judgment is
founded. This act shall apply to pending actions, prose-
cutions and proceedings.

Section 2. That section 6709 as amended (91 O. L.,
page 278), of the Revised Statutes of Ohio be and the
same is hereby repealed.

Section 3. This act shall take effect from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.^
ASAHEL W. JONES,

President of the Senate.

Passed March 17, 1898. 47G

[Senate Bill No. 171.]
AN ACT

Aathorizing the auditor of state to issue a duplicate warrant on

state treasury.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of state is hereby author- Sit"o? e.T
ized to issue a duplicate warrant in favor of E. J. Cameron, Cameron,
a former inmate of the working home for the blind, for
$25.00; said original warrant No. 12493 issued October
24, 1896, having been lost.

Section 2, This act shall take effect and be in force
on and after its passage,

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W, JONES,

President of the Senate.
Passed March 17, 1898. 48G

[Senate Bill No. 90.]

AN ACT

To amend section 633—15 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 633—15 of the Revised Stat-
utes of Ohio as amended (O. L., 89, page 161), be so amended
as to read as follows:

Sec. 633-15. The presiding judge of the court of
common pleas in each county of the state, at the first* spring
term of said court, shall appoint six persons, three of whom
shall be women, and not more than three of whom shall
have the same political affiliations, who shall constitute a
board of county visitors, two of whom, as indicated by the
appointing judge, upon the fixed appointment, shall serve
for one year, two for two years, and two for three years,
and upon the expiration of the term of each, his or her
place and that of his or her successor shall, in like manner,
be filled for the term of three years, who shall constitute
a board of visitors, for the inspection of all charitable and
correctional institutions supported In whole or in part from
the county or municipal funds. Said board of county
visitors shall serve without compensation, but actual ex-
penses incurred in the discharge of its duties to an amount
not exceeding fifty (|50) dollars per annum shall be allowed
by the county commissioners, and the county auditor shall
issue his warrant for the amount, which shall be paid by
the county treasurer.

Section 2. Section 633 — 15 of the Revised Statutes as
amended (89 O. L., page 161), is hereby repealed, and this

Board of county
visitors of chari-
table and correc-
tional institu-
tions ; appoint-
ment: qualifica-
tions; term:
compensation.

act shall take effect and be in force from and after its
passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed Marph 17, 1898. 49G

Board of city
^affairs :

Appointment of
board in Cincin-
nati; apportion-
Tncnt politic-
ally; terms.

Election of suc-
<ressors.

Bond.

Duties of mem-
bers; salary.

[House Bill No. 49.]
AN ACT

To establish a board of city affairs in cities of the first grade of the

first class.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 2205, 2206, 2207 and 2231
of the Revised Statutes of Ohio, be amended so as to read
as follows:

Sec. 2205. In cities of the first grade of the first class
there shall be a board of city affairs, composed of six citi-
zens of said city, well known for their intelligence and
integrity, who shall be appointed by the mayor of said city.
At the first appointment of such members, two of said mem-
bers, each of different political parties, shall be designated
to serve for one year; two, each of different political par-
ties, for two years; and two, each of different political parties,
for three years from the date of their appointment, and until
their successors are elected and qualified as hereinafter
provided. The successors of the members so appointed shall
be elected by the qualified electors of said cities at the munic-
ipal election on the first Monday in April, following the
expiration of their said terms, and shall serve for a term
of three years from and after the date they qualify as such
members, and the said persons elected as such successors
must qualify within ten days from and after such election.
In case of death, resignation or removal of any member
so appointed or elected, the mayor shall immediately appoint
some citizen of said city to fill the unexpired term of said
member. The appointment of members of this board shall
be made by the mayor as above provided, so that at no
time more than three of said members shall be of the same
political party.

. Sec. 2206. Each member of such board of city affairs
shall give bond in the sum of one hundred thousand (flOO,-
000) dollars, to the approval of the mayor and corporation
counsel endorsed thereon, conditioned for the faithful per-
formance of his duties, with at least three (3) sureties, who,
together, shall qualify in writing, under oath to three times
the amount of such bond, which oath shall be filed with such
bond.

Sec. 2207. Tlie members of the board of city affairs
shall devote their entire time and attention to the duties of

General powers
and duties of
board. ^

their office, and shall each receive an annual salary of four
thousand (f4,000) dollars, which shall be paid them in
monthly installments. Each member shall, in person, su-
pervise the cleaning, repairing and improvement of the
streets, avenues, alleys, lanes, public wharves and landings,
market-houses and spaces, bridges, sewers, drains, ditches,
culverts and side-walks in one of the districts into which said
city shall be divided.

Sec 2231. The board of city affairs shall have all the
power, apd perform all the duties heretofore conferred upon
(M- required of the board of administration. And upon the
appointment and qualification of the board of city affairs,
which shall be considered the successor of the board of ad-
ministration, the said board of administration is hereby
abolished. Concurrence of four members of such board shall
be necessary for letting of any contract or other action of
said board- Said board shall also have all the powers and
perform all the duties heretofore conferred upon and re-
quired of the board of infirmary directors in such cities,
and in such cities there shall hereafter be no election for the
members of such board. The members of said board of Removals,
city affairs, whether appointed or elected, may be removed
only in the same manner and for the same cause as is pro-
vided for members of the board of administration, and all
laws now in force for the removal of members of said board,
shall apply to members of the board of city affairs.

Section 2. The title, chapter 2, of division 7, of title Title of chapter,
XII of tlie Revised Statutes, is hereby amended to read as
follows: "Board of city affairs."

Section 3. Sections 2205, 2200, 2207 and 2231 be and Repeals, etc.
the same are hereby repealed; and this act shall take effect
and be in force from and after its passage.

HARRY C. MASON,
Speaker of tfte House of Representatives.
THADDEUS E. CROMLEY,

Presidcfit pro tern, of the Senate.

Passed March 18, 1898. 50G

[House BUI No. 177.]
. AN ACT

To amend sections 2486, 2487 (as amended 86, O. L., 108), 2488 (as
amended 86 O. L., 108), and 2489 (amended 83 O. L., 155) of
the Revised Statutes of Ohio, confer additional powers upon
municipal corpoiations, and provide for a board of trustees for
electric light works.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 2486, 2487 (as amended 86 Gas companies:
0. L, 108), 2488 (as amended 86 O. L., 108), and 2489 (as
amended 83 O. L., 155), of the Revised Statutes of the state
of Ohio be amended so as to read as follows:

Conncil may
crect or par-
clias^ gms or
electric works

Trustee* of gas
works.

-\'n

Election of trus-
tees; terms;
compensation ;
oath.

Powers and
duties of trus-
tees.

Sec. 2486. The council of any city or village shall have
power, whenever it may be deemed expedient and for the
public good, to erect gas works or electric works at the ex-
pense of the corporation, or to purchase any gas or electric
works already erected therein.

Sec. 2487. When such purchase shall have been made,
or gas or electric works erected, or authorized to be erected,
at the expense of the corporation, the council shall create and
appoint a board of trustees, of not more than five or less than
three members, which shall construct said gas works or said
electric works according to plans and specifications to be
furnished by the city or village council, and shall manage
said gas or electric works, when they shall have been con-
structed or purchased, and supply the corporation and citi-
zens thereof with gas or electricity; and the trustees afore-
said, shall serve until their successors are elected and quali-
fied as hereinafter provided.

Sec. 2488. At the annual spring election occurring next
after such purchase or the completion of gas or electric works
erected at the expense of the corporation, the qualified
voters of the corporation shall elect said trustees, to be
known as "the trustees of the gas works," or "the trustees
of the electric works," who shall hold their office for a term
of years corresponding to the number of members consti-
tuting said "trustees of gas or electric works;" except that
at the first election, when said board of trustees is composed
of three members, one trustee shall be chosen for one year,
one for two years, and one for three years, and thereafter one
trustee shall be elected annually; when said board is com-
posed of four members, then at said first election one trus-
tee shall be chosen for one year, one for two years, one for
three years, and one for four years, and thereafter one trus-
tee shall be elected annually; when said board is composed of
five members then at said first election one trustee shall be
chosen for one year, one for two years, one for three years,
one for four years and one for five years, and thereafter one
trustee shall be elected annually; and said trustees shall re-
ceive such compensation for their services as the council
by ordinance shall fix; said trustees shall qualify by taking
the official oath and each give a bond acceptable to the city
council, said bond shall be in a sum not less than five thou-
sand dollars nor more than fifty thousand dollars, as shall
be determined by the council in the ordinance creating the
said board of trustees of gas or electric works.

Sec. 2489. The board may construct gas works, ex-
tend gas pipes, manufacture and sell gas and coke, collect
gas bills and other moneys due from gas, coke or other ma-
terial sold by it, manage, conduct and control the gas works,
or may construct electric works, erect and extend lines,
manufacture and sell electricity, collect lighting and electric
bills and other money due to the city arising from said works,
manage, conduct and control the same; prescribe by-laws,
the price of gas and coke or electricity under such rules and

regulations as by ordinance the city council may prescribe,
and the manner of using the product of such works; and to
carry into effect the provisions of this section said trustees
of such gas or electric works may also purchase material,
employ laborers, appoint officers, purchase or lease the nec-
essary real estate and erect buildings thereon ; and said board
shall keep a complete record of their proceedings and of all
moneys received or disbursed by them, shall make monthly
reports to the council of the receipts and disbursements of
money belonging to the said gas or electric works, and an
annual report of the condition of the same; and all money
collected for gas works or electric works purposes shall be
deposited weekly by the collectors thereof with the treasurer
or the corporation, taking duplicate receipts therefor, and one
of the receipts therefor shall be deposited with the clerk of
said board, and the other with the city clerk, or auditor, as
the case may be, and all money so deposited shall be kept
as a separate and distinct fund, subject to the order of the
board ; and all moneys levied or assessed by the corporation
for the purpose of paying for public lighting shall be by the
council of such corporation paid and turned over to such
board of trustees, and be by them disposed of the same as
though it had been received from private individuals; and orders,
all orders drawn by the trustees or board on the treasurer of
the corporation shall be drawn out of such fund and shall be
signed by the president of said board and countersigned by
the clerk thereof; and no contract involving the expendi-
ture of money shall be entered into by said board of trustees
unless there is money in said fund sufficient to meet the same,
unappropriated for any other purpose.

Section 2. That said sections 2486, 2487 (as amended Repeals.
86 0. L., 108), 2488 (as amended 86 O. L., 108), 2489 (as
amended 83 O. L., 155) of the Revised Statutes of Ohio
be and the same are hereby repealed.

Section 3. This act shall take eflfect and be in force
from and after its passage. i

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.

Passed March 22, 1898. 51G

Contracts

[Senate Bill No, 188.]

AN ACT

To amend section 553 of the Revised Statutes of Ohio, as amended
April 18, 1892.

Section 1. Be it enacted by the General Assembly of
^ State of Ohio, That section five hundred and fifty-three courts of
(553) of the Revised Statutes, as amended April 18, 1892, "''°''*^
be and is hereby amended to read as follows:

Court n>H9ia-
duticfi : com|^»t II-

Repeals, etc.

Sec. 553. The court of common pleas and circuit court
in any county, and the superior court in any city or county,
and the probate court in any county containing a city of the
first class (except fourth grade), and of the first grade of the
second class, may each appoint one or more constables to
preserve order and discharge other duties as the court re-
quires; and in any county containing a city of the second
grade of the second class, the constable so appointed by the
court of common pleas shall perform the same duties in the
probate court-; and each constable, when so directed by the
court, shall have the same power to call and impanel jurors,
which by law the sheriff of the county has, except in
capital cases. The compensation of such constables shall be
the same as that of regular jurors; except in the counties
containing a city of the first grade of the first class and of the
first grade of the second class, and of the second grade of
the first class, the compensation of all court constables shall
be one thousand dollars per annum each; and in all counties
having a population of not less than eighty-four thousand
one hundred and fifty and not more than eighty-four thou-
sand two hundred and fifty at the federal census of 1890, it
shall be six hundred dollars per annum, and in counties con-
taining cities of the third grade of the first class the com-
pensation of such constable so appointed by the court of
common pleas shall be six hundred dollars (|600.00) per
annum ; and in all cases shall be paid out of the county treas-
ury on the order of the court.

Section 2. That said section 553 of the Revised
Statutes, as amended April 18, 1892, be and the same is
hereby repealed; and this act shall take effect on its passage.

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.

Passed March 22, 1898. 52G

[House Bill No. 115.]

AN ACT

Township
ditches :

Proceedings to
clean out ditch.

To amend section 4553 (as amended 86 O. L., page 256) of the Re\nsed
Statutes of Ohio.

Section 1. Be it enacted by the General Assanbly of
the State of Ohio, That section 4553 (as amended 86 O. L.,
page 256) of the Revised Statutes of Ohio be so amended
as to read as follows:

Sec. 4553. It shall be the duty of the trustees of each
township to .examine all township ditches within their re-
spective townships once in every two years as to the neces-
sity of cleaning the same out, and if after such examination
they deem it necessary that any such ditch or ditches need

cleaning, they shall make an estimate of the amount of
labor, and the cost of cleaning out said ditch or ditches,
and fix the portion thereof that the owner or owners of
each lot or tract of land, and each corporation assessed
for the construction of said ditch or ditches, shall be as-
sessed for such cleaning out, and such assessment shall be
made according to benefits to accrue to each landowner
interested as near as practicable, unless the necessity for
such cleaning out arose from the act or neglect of any land-
owner or corporation, in which case such act or neglect
shall be considered, and the assessment of said landowner
or corporation proportionably increased.

Section 2. Said section 4553 as amended April 12, Repeals.
1889 (86 O. L., page 256), is hereby repealed, and this act
shall take effect, and be in force, from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Setuitc.
Passed March 25, 1898. 53G

[House Bill No. 309.]

AN ACT

Making appropriations to build a sewer for the Cleveland state
hospital, and repealinjsf an act passed February 7, 1896, making
appropriations to build a sewer for the Cleveland state hospital,
and repealing an act passed May 1, 1894, making appropriations
to build a sewer for the Cleveland state hospital.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated Appropriation
out of all the moneys in the treasury, not otherwise appro- sewc? a^t^cicil"*^
priated, to the credit of the general revenue fund, for the |S?ai*^'''^ ^'''^'
purpose hereinafter specified, to- wit: For constructing a
sewer from the sewer of the Cleveland state hospital to
the sewer of the citv of Cleveland at the corner of Miles
avenue and Broadway, fifteen thousand dollars ($15,000).
Any balance in the foregoing funds may be transferred to
either of the other funds of the trustees of the Qeveland
state hospital.

Section 2. That the act passed February 7, 1896, Repeals,
entitled "An act making appropriations to build a sewer
for the Cleveland state hospital," and repealing an act
passed May 1, 1894, entitled "An act making appropria-
tions to build a sew^r for the Cleveland state hospital,**
and said act passed May 1, 1894, entitled "An act making
appropriations to build a sewer for the Cleveland state
hospital," be and tho same are hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Seiu^e.
Passed March 25, 1898. 54G

[House Bill No. 226.]
AN ACT

To repeal sections 2 and 3 of an act entitled " An act to amend sec-
tion 1707, section 1785, as amended February 27, 1885, sections
1804 and 1808, as amended April 6, 1886, and sections 1812 and
1813 of the Revised Statutes of Ohio," passed February 17,1887
(O. L.. vol. 84, page 28).

Section 1. Be it enacted by the General Assembly of
Repeals. fhe State of Ohio, That sections 2 and 3 of an act entitled

"An act to amend section 1707, section 1785, as amended
February 27, 1885, sections 1804 and 1808, as amended
April 6, 1886, and sections 1812 and 1813 of the Revised
Statutes of Ohio," passed February 17, 1887 (84 O. L., page
28), be and the same is hereby repealed.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
' Passed March 25, 1898. 55G

County ditches:

[Senate Bill No. 18.]

AN ACT

To amend certain sections relating to the duties of county surveyors.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 4452, as amended April 19,
1894 (O. L., 91 v., 160); sections 4453, 4454, 4455, as
amcHded April 20, 1881 (O. L., 78 v., 204); sections 4456,
4459, as amended April 20, 1881 (O. L., 78 v., 204); 4461,
as amended March 15, 1884 (O. L., 81 v., 48); 4475, as
amended February 19, 1896 (O. L., 92 v., 27); 4477, as
amended March 13, 1894 (O. L., 91 v., 61); 4478, as
amended April 10, 1884 (O. L., 81 v., 30); 4497, as
amended April 6, 1893 (O. L., 90 v., 145); 4497a, as amended
April 27, 1896 (O. L., 92 v., 395); 4642, as amended April
30, 1869 (O. L., 66 v., 68); 4760, as amended April 30,
1869 (O. L., 66 v., 62); 4831, as amended March 20, 1884

^0. L., 81 v., 56), of the Revised Statutes, be so amended
as to read as follows:

Sec. 4452. Said commissioners shall meet at the place Hearings i>y

. , . . . • « ,• 1 « M « . 1 • • commissioners.

oi begmnmg of said ditch as described in the petition on
the day so fixed, as aforesaid, and hear any and all proof
offered by any of the parties affected by said improvement,
and other persons competent to testify and determine the
necessity thereof, and may adjourn from time to time and to
such place as the necessity of the work may require; and
in case said commissioners find for said improvement, they
shall fix a day for the hearing of application for any appro-
priations of land taken for said improvement and damages
-aid parties affected by said improvement or any of them,
may sustain thereby, and for the approval of the report
•^: the county surveyor, as hereinafter provided for.

Sec. 4453. If the commissioners find against tlie im- Finding against
{>rovement, ttiey shall dismiss the petition and proceedings nient™^^^^*^
ac the cost of the petitioners, and they shall cause an item-
:7td hill of all the costs to be made up by the auditor for
their examination and approval, which shall include the
per diem of the county surveyor, together with all costs
necessarily made, except fees of the auditor and compensa-
tion of the commissioners.

Sec. 4454. If the commissioners find for the improve- Finding for the
nunt, tney shall cause to be entered on their journal an sun?e°y a™d*piat.
^rder directing the county surveyor to go upon the line
described in the petition, or as changed by them in accord-
ance with section forty-four hundred and eighty-nine, and
survey and level the same, and set a stake at every hun-
dred feet, numbering down stream, note the intersections
o: lines and boundaries of lands, townships and county
lines, landmarks, bench-marks and road-crossings, and
make a report, profile and plat of the same, and estimate
the number of cubic yards of earth or other substance to be
removed, and the cost per cubic yard for each working
section as hereinafter provided, and of each section of one
hundred feet.

Sec. 4455. The commissioners shall, also, by their surveyor to re-
onler, direct the county surveyor to make and return a ment^eu^.^oP"
schedule of all the lots, and lands, and public or corporate cost of ditch,
roads, or railroads that will be benefited, with an appor-
tionment of the cost of location, and the labor of con-
stmcting the improvement, in money, according to the
benefits which will result to each, and a specification of
the manner in which the improvement shall be made and
completed, the number of flood-gates, waterways, farm
crossings and bridges necessary, including kinds and di-
mensions thereof, and all county and township lines and
railroad crossings.

Sec. 4456. The plat provided for in section forty- what piat shaii
!^iir hundred and fifty-four shall be drawn upon a scale *^°'^'
sufficiently large to represent all the meanderings of the
proposed improvement, and shall distinctly show the

Comniissioners
may change ap-
portionment.

Commissioners
to fix compensa-
tion and dam-
ages : how com-
puted.

Expenses, how
defrayed.

boundary lines of each lot or tract of land, and of each
road or railroad, to be benefited thereby, the name of the
owner of each lot or tract of land as the same appears upon
the tax duplicate at the time, the authority or company
having in charge or owning or controlling each public or
corporate road or railroad, the distance in feet through each
tract or parcel of land, together with such other matters
as the county surveyor deems material; the profile shall
show the surface, the grade line and the gradient fixed,
and the county surveyor shall make and file with his re-
port an itemized bill of all cost^ made in the proper dis-
charge of his duties under this and the. preceding tw^o sec-
tions, and shall file his report with the county auditor
within thirty days after making the survey and level.

Sec. 4459. If the commissioners find that the appor-
tionment, reported by the county surveyor, is unfair and
unjust, and ought not to be confirmed, they shall so amend
it as to make it fair and just, in proportion to benefits, and
if necessary, in their opinion, they may adjourn the further
hearing not exceeding twenty days, unless for good cause,
further time is necessary, to a day to be fixed by them and
go upon the premises, and view the same and apportion
the entire cost of location, and construction or any part
thereof, as may seem just and proper, but if parties, not
included in the county surveyor's apportionment, or [are]
found to be benefited, and are assessed by the commission-
ers, such parties shall be notified as provided in section four
thousand four hundred and fifty-seven, and the commis-
sioners shall, on the day fixed in said notice, again meet
at the auditor's office and determine the apportionment.

Sec. 4461. The commissioners shall upon actual view
of the premises fix and allow such compensation for lands
appropriated as they may deem just and equitable, and
assess such damages as will in their judgment accrue from
the construction of the improvement, to each person or
corporation making application therefor as provided in
section four thousand four hundred and sixty, and without
such application, to each idiot, insane person, or minor
owning lands taken or affected by the improvement. But
such compensation shall be computed without deduction
for benefits to any property of such person, or corpora-
tion; and they may on the day set for hearing, at the time
of the view of the premises provided for in this section,
take into consideration the application for the change or
alterations as provided for in section four thousand four
Inmdred and sixty, and if they find that such change or
aheration will be equally beneficial, • they may order the
county surveyor to go upon the line of the improvement
and survey said change or alteration; and all expenses
attending the making said alteration and change, with the
increased cost of construction, if any, shall be charged to
the party or parties benefited thereby, which shall be col-
lected and paid by them as other assessments. When the

allowance for compensation and damages is fixed and de-
termined as provided in this section, the commissioners
shall consider and determine according to their best knowl-
edge and judgment the proportionate benefits to accrue
from the construction of the proposed improvement. If
they shall find that the public health, convenience or welfare
will be promoted by said improvement, and that the same is
of sufficient importance to the public cause the damages and
compensations which have been assessed to be paid out
of the couqty treasury, they shall order the same to be so
paid, or they may order a portion thereof to be paid by
the county and the remainder by the benefited landowners,
as they may deem just and equitable. But if in their
opinion such improvement is not of sufficient importance
to the public to cause such damages and compensation, or
any part thereof to be paid by the county, they shall fix
and determine the proportionate amount thereof which
should be paid by the several landowners benefited by the
improvement. And in either case the commissioners shall
direct the auditor to issue an order on the county treasurer
to each of the several claimants to whom compensation or
damages was allowed for the amount due, and to enter on
the ditch duplicate the amounts assessed against the several
benefited landowners for the payment of such compensa-
tion and damages, payable in the same ratio and manner
as other assessments, and to be collected as other taxes.
In the assessment for the payment of compensation and
damages, whether the whole or a part thereof be ordered
paid by the benefited landowners, the commissioners shall
apportion the same on all the lots and lands, and public
or corporate roads or railroads that will be benefited. Pro-
vided, however, that if any person or corporation aggrieved
by any final order or judgment of the commissioners shall
at the final hearing before them, or within such time as
may be provided by law, file a written notice of an inten-
tion to appeal therefrom, no further proceedings shall be
had and no payments shall be made as herein provided
until said proceedings on appeal shall be finally disposed
of and determined.

Sec. 4475. In cases where appeals have been taken
after the transcript of the proceedings before the probate
judge, and all other papers in the case are returned to the
auditor's office, the commissioners shall cause such entry
to be made on their journal as may be necessary to give
effect to the verdict, and findings of the jury, and in such
cases and in cases where no appeals have been taken, they
shall fix a time for the sale of the construction of the im-
provement at public outcry in sections not less than one
hundred feet nor more than two thousand five hundred feet
in length, and shall cause notice to be given of the time and
place of the sale, and direct the county surveyor to attend
at the time and place of sale to superintend and conduct
the same, and shall receive all bids for tne construction of

When compen-
sation to be
paid by county
or jointly.

When compen-
sation to be
paid by land-
owners.

Auditor^to issue
warrant ; assess-
ment.

How ap-
portioned.

Aggrieved
person ; notice
of appeal.

When and how
commissioners
to sell out work

Bids for lile or
pipe; io5p>ection
of same.

Auditor to issue
warrant for
payment.

Sale of work.

Contracts ;
bonds of
bidders ; to be
filed with
auditor.

Liability of
contractor.

the improvement, and make contracts with the lowest re-
sponsible bidders, and take good and sufficient bonds for
the labor of the construction of the improvement, condi-
tioned for the faithful performance of the contract so made,
and for the completion of the work within time fixed in the
contract in a sum not less than double the estimated value
of the part bid off, and contracted to be performed by each,
and said county surveyor shall furnish each contractor with
specifications of the part bid off by him.

Sec. 4475 — 1. The county surveyor shall be author-
ized to receive bids for drain tile or ditch pipe, generally,
at the same time and place as the balance of the ditch im-
provement. Said county surveyor shall, on or before thirty
days after delivery, count and inspect such tile or pipe, and
for such that are first class, merchantable, good tile or pipes,
and in every particular complying with the contract and
specification, he shall issue his certificate showing the ac-
ceptance of the same. Tlie auditor shall, upon presenta-
tion of such certificate to him, draw his warrant on the
treasurer of the county for the full amount, anu the county
treasurer shall pay the same out of any fund in the treasury
applicable to such purpose.

Sec. 4476. No bid shall be entertained which exceeds
the estimated cost of construction; the county surveyor
shall sell, first, the job or labor of the construction of the
working section of the outlet or mouth of the improvement,
and fix a day when the job shall be completed, not exceed-
ing in any case, one hundred and fifty days from the day
of sale, and shall then sell each remaining worKmg section
in its order, up stream, and require the labor on each to be
completed within a time so fixed that will, as neariy as prac-
ticable secure an outlet for the water as each section is
completed, but the commissioners may, if the construction
of such work will be facilitated thereby, authorize the sale
or construction of such work, or either, to be made and
performed in a different order and time from that herein-
above specified. The county surveyor shall make contracts
and take bonds as aforesaid and report his doings to the
commissioners within five days from the date of sale, and
return the contracts and bonds to the auditor, who shall
file and carefully preserve the same; the contracts and
bonds shall be examined and approved or disapproved by
the commissioners, who shall cause an entry of their de-
cision to be made on their journal, and the contractors to
be notified of the approval or disapproval of the contracts
and bonds; and the contractor for each job shall be Uable,
on his bond so given, for all delays after the expiration of
the time named therein for the completion of the job, and
for the payment of all damages which accrue by reason
of the failure to complete the job within the time required
in the contract therefor, and for the payment of all labor
and material and for all debts incurred in the performance
of this contract. All claims under this act shall be filed

with the county surveyor before the expiration of the time
for the completion of such contract.

Sec. 4477. The work shall be done under the super- supcnision of
vision of the county surveyor and when a part, not less mentofcon*^'
than one-fourth of the portion thereof included in any con- ^^ctors.
tract is completed in accordance with the specifications,
he shall give to the contractor a certificate thereof, show-
ing the proportional amounts wnich the contractor is
entitled to be paid by the terms of his contract; and the
auditor shall, upon the presentation of such certificate to
him, draw his warrant on the treasurer for not more than
seventy-five per cent of the amount, and the treasurer
shall pay the same out of any funds in the treasury ap-
plicable to such purposes; or if the commissioners have
determined to issue bonds for the construction of such
work, they may, if the contractor consent, pay in bonds,
but proportigned amounts shall not be certified or paid
unless the whole job amounts to more than one thousand
cubic yards. When the whole contract is completed, the
entii^ price may be paid in the manner aforesaid.

Sec. 4478. Any job not completed within the time when contact
fixed in the contract and bond may be reestimated by the "°^ «^°"p^«*«<^-
county surveyor, and resold by him to the lowest possible
bidder, or he may (Complete it at the expense of the con-
tractor and bondsmen, but such jobs shall not be resold
for a sum greater than such estimate or reestimate, nor
a second time to the same party; a contract and bond shall
be entered into as hereinbefore provided, but the commis-
sioners may, for good cause, give further time to any con-
tractor, not exceeding one hundred and twenty Says; the
county surveyor shall fix a time for the completion of the
work resold not exceeding one hundred and twenty days
from the date of the bond. A person or corporation who May sue for
has sustained damages in consequence of the non-per- <ia«»*fi^«9-
formance of such work may bring suit for damages in any
court of competent jurisdiction, against any contractor
failing to perform his contract, or upon the bond of such
contractor, and recover damages, as provided by law in
other cases; and no contractor shall be prosecuted on his
bond until the section below has been completed.

Sec. 4497. When a county ditch needs to be cleaned cleaning out of
out, any three owners of tracts of land which drain into fngsVexamfner.
and where [were] assessed for the original construction of
the ditch, and in cases where in all such tracts of land may
be owned by not more than three owners, any two of them,
and in cases where such lands are owned by only two own-
ers, one of them may make a statement to the county audi-
tor, in writing, setting forth such necessity, and thereupon
the countv commissioners shall appoint the county surveyor
as an examiner and furnish him with the number of stakes,
a record of their location, the depth and width and other
necessary information regarding the ditch, and set the time
for cleaning the same. The county surveyor, without un-

Necessity for
cleaning ;
owner may
make sworn
statement to
auditor.

Auditor to
notify surveyor:
duty of the sur-
veyor.

Return of
estimate and
assessment ;
notice to land-
owner.

Assessment to
be placed npon
tax duplicate.

Work to be
sold.

Pa3rment of con-
tractor.

County roads:
Appointment of
viewers.

necessary delay, shall examine and reapportion such sec-
tion or sections which may belong to land which may have
been subdivided, and restake the ditch and notify the
owners of each piece of land taxed for the original con-
struction, designating the amount, dimension and location
ot his original apportionment, to clean out the same within
the time set by the county commissioners unless he shall
find that the necessity for cleaning out has occurred by
the act or neglect of any landowner along the line of the
ditch, in which case such act or neglect shall be considered.
The county surveyor shall then make a return of his pro-
ceedings to the county commissioners who shall make a
proper record of the same.

Sec. 4497a. Provided, however, that when a ditch
needs to be cleaned out, any resident owner of any tract of
land which was assessed for the construction may make a
sworn statement to the county auditor, in writing, setting
forth such necessity. And when said written sworn state-
ment is made within three years from the original con-
struction, or for material improvement by deepening and
widening said ditch, and as often thereafter as may be
necessary to keep said ditch in good repair, said county
auditor shall forthwith notify the county surveyor [to] ex-
amine the same [said] ditch, who shall go without unneces-
sary delay, upon the line thereof and make an estimate of
the amount of money required therefor and fix the portion
thereof that the owner of said tract of land and each cor-
poration, county or township assessed for the construction
of the ditch, shall be assessed for such cleaning out; and
such assessments shall be made Recording to the benefits;
unless the necessity for the cleaning out arose from the
act or neglect of some landowner or corporation, in which
case such act or neglect shall be considered. Said county
surveyor shall return his estimate and assessment to said
auditor in writing, who shall appoint a day for hearing the
same, and direct said county surveyor to give notice thereof
to each owner of land and corporation affected thereby
when said auditor may make such changes therein as he
may deem right and proper; he shall enter upon a journal
to be kept for that purpose the assessment as approved by
him and he shall place such assessment upon the duplicate
against the land, upon which they are assessed, to be col-
lected as other taxes; the work of cleaning out the ditch
shall be advertised, sold and let, and the contracts therefor
performed, as provided in this chapter; the contractor shall
be paid, by warrant of the county auditor upon the county
treasurer, out of the assessments so made, and paid upon
the certificates of said county surveyor, that he has per-
formed his contract; but if at the presentation of any cer-
tificate all the assessments have not been paid, payments
shall be made thereon pro rata.

Sec. 4642. On the presentation of the petition, if the
commissioners are satisfied that notice has been given as

aforesaid, they shall appoint three disinterested freeholders
of the county as viewers, who shall also be a jury to assess
and determine the compensation to be paid in money for
the properties sought to be appropriated, without deduc-
tion for benefit to any property of the owner, and to assess
and determine how much less valuable, if any, the land or
premises from which such appropriation may be taken, will
be rendered by the opening and construction of the road,
and the county surveyor to survey the same: and shall commissioners

J •'j. •• -u • 'it_ ^ A. to issue order to

issue an order directmg the viewers, with tne county sur- viewers.
^eYor, to proceed on a day to be named in the order, or on
their failing to meet on that day, within five days thereafter,
to view, survey, and lay out or alter said road, and deter-
mine whether the public convenience requires that such
read or any part thereof shall be sixty feet in width, or
whether a less width than sixty [feetj will as well promote
the public convenience, and report the width, in their
opinion, the same shall be established and opened.

Sec. 4760. The county commissioners may authorize Turnpikes:
the commissioners by them appointed to call to their as- romuycom-
sistance the county surveyor, with the necessary and proper missioners.
assistance to lay out, survey and locate such turnpike road
through or upon any improved or unimproved lands, on
the best route between the point of beginning and termina-
tion, and to obtain by grant; or take propositions for the
purpose from the owners of land over which the road will
pass, the right of way, and to take timber and other ma-
terials necessary to the construction and repair of the same.

Sec. 4831. Upon the presentation of a petition stating Two-miie as-
the kind of improvement prayed for and the points be- PeuuSS Vor^m-'
tween which the same is asked, signed by five or more of SJ?ntmcntof^
the landholders whose lands will be assessed for the ex- viewers ; duties,
pense of the same, and the filing of a bond signed by one
or more responsible freeholders to whom the petitioners
shall be responsible, pro rata, conditioned for the payment
of the expenses of the preliminary survey and report, if
the improvement be not finally ordered, the commissioners
shall appoint three disinterested freeholders of the county
as viewers and the county surveyor, to proceed upon a
day to be named by the commissioners to examine, view,
lay out, and straighten such road, as in their opinion pub-
lic convenience and utility require. Provided, that in lo- improvcmeiits
eating such improvements within the territorial limits of uies.""* ^
any incorporated village or town, the county surveyor and
viewers shall be confined to the platted streets of such vil-
lage or town.

Section 2. That section 4452, as amended April 19, Repeals.
1894 (O. L., 91 v., 160); sections 4453, 4454, 4455, as
amended April 20, 1881 fO. L., 78 v., 204) ; sections 4456,
44o0, as amended April 20, 1881 (O. L., 78 v., 204); 4461,
as amended March 15, 1884 (O. L., 81 v., 48); 4475, as
amended February 19, 1896 (O. L., 92 v., 27): 4477, as
amended March 13, 1894 (O. L., 91 v., 61); 4478, as

amended April 10, 1884 (O. L., 81 v., 30); 4497, as amended
April 6, 1893 (O. L., 90 v., 145); 4497a, as amended April
27, 1896 (O. L., 92 v., 395); 4642, as amended April 30.
1869 (O. L., 66 v., 68); 4760, as amended April 30, 1869
(O. L., 66 v., 62); 4831, as amended March 20, 1884 (0.
L., 81 v., 56), of the Revised Statutes of Ohio, be and the
same hereby are repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W.
President

Passed March 25, 1898.

JONES,
of the Senate.
56G

of George
Douglas.

[ House Bill No. 173.]

AN ACT

For the relief of George Douglas, Co. I, sixteenth regiment, O. X. G.,
and to reimburse him for money expended and for loss of time
by reason of sickness, contracted at the encampment of the
Ohio national guard at Cleveland, Ohio, July, 1896. -!•— «.^. ^^

Section 1. Be it enacted by the General Assembly of
Warrant in favor the State of Ohio, That the auditor of the state of Ohio, be
and is, hereby authorized and required to issue his warrant
on the state treasury to pay George Douglas, of Co. I.
sixteenth regiment of infantry of Ohio national guard, and
now living at Clyde, Sandusky county, of Ohio, the sum
of 1500 out of any money in the state treasury to be
credited to the general revenue fund and not otherwise
appropriated. Which sum shall be in full liquidation and
payment to said George Douglas for loss through sickness,
contracted by him while in the'^line of duty as regimental
commissary sergeant of the sixteenth regiment of the Ohio
national guard, while being encamped at Camp Moses
Cleveland, Cuyahoga county, A. D. 1896.

Section 2. This act to take effect from and after its
passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 25, 1898. 57G

[Senate BUI No. 440.]
AN ACT'

To amend "An act to snpplement section 4889 of the Revised
Statutes," passed February 26, 1890.

Section 1. Be it enacted by the General Assembly of
tke State of Ohio, That section 4889a enacted as supple- Repair of im-
mentary to section 4889 of the Revised Statutes of Ohio, p^^^'^^ roads :
passed February 26, 1896, be so amended as to read as
follows :

Sec. 4889a. In Pickaway county, the county commis- certain repairs
sioners shall repair all embankments or levees, on which cS/nty*^^^
free turnpike roads are located, which have been con-
structed to prevent overflows and inundations of said free
turnpikes, and the expense of repairing such embankments
or levees, or free turnpikes constructed thereon, shall be
paid out of the money raised by taxation for road or bridge
purposes in said county.

Section 2. That said original section 4889a enacted Repeals, etc.
as supplemental to section 4889, be and the same is hereby
repealed, and this act shall take effect and be in force from
and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed March 30, 1898. -580

[House Bill No. 268.]
AN ACT

To repeal an act passed April 27, 1890, entitled " An act to appropri-
ate funds to complete the improvement of deepening, widening
and straightening the Kirkersville feeder to the Buckeye lake,
and make repairs to the gates and banks wherever necessary"
(vol. 92, 0. L., 423, 1896), and to appropriate funds to complete
the improvement of deepening, wiilening and straightenitig the
Kirkersville feeder to the Buckeye lake, make repairs to the
Kales and banks of said lake and feeder wherever necessary,
and dredge channels for boats in said Buckeye lake.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be appropriated from any Appropriation
moneys in the state treasury to the credit of the general feed^r'^jur''"^
revenue fund, not otherwise appropriated, the sum of five Buckeye lake,
thousand dollars, or so much thereof, as is deemed neces-
5ar\' for the special use of the board of public works to
complete the improvement of deepening, widening and
straightening the Kirkersville feeder to Buckeye lake from
a point to be decided by said board on the recommenda-
tion of the engineer, so as to give the said feeder a uniform

Contracts for
improvement.

Repeals.

grade and maRe the bed of said feeder correspond to that
already finished, as shown by the maps and profiles on file
in the office of the board of pUDiic works; also to make
repairs to the gates and banks of said Buckeye lake, and
said feeder where the same is necessary, and if deemed
expedient, to replace the same with new ones; also that
any balance of said appropriation shall be used by said
board of public works for dredging channels for boats
through said Buckeye lake and constructing islands in the
same; the improvement of said feeder shall be let by said
board of public works by contract, either as a whole or in
sections, according to law.

Section 2. The act passed April 27, 1896, entitled
*'An act to appropriate funds for the improvement of deep-
ening, widening and straightening the Kirkersville feeder
to the Buckeye lake, and make repairs to the gates and
banks of said lake wherever necessary" (vol. 92 O. I*., 42^?.
1896), is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of* the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed March 30, 1898. 59G

[House Bill No. 255.]

AN ACT

Special school
districts :

How special

district

abandoned.

Notice of elec-
tion.

Judges of elec-
tion ; how
chosen.

To amend section 3926 (as amended 88 O. L., page 297) of the Revised
Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3926 (as amended 88 O. L.,
page 297), be amended so as to read as follows:

Sec. 3926. When the electors of a special or village
district desire to abandon their organization, and become
a part of the township district of the township in which
such special or village district is located, they make the
change in the following manner: Written or printed no-
tices shall be posted in at least five of the most public
places in the district, signed by a majority of the members
of the board of education, or one of the board, and at
least six resident electors .of, the district, requesting the
qualified electors thereof to assemble on a day, and at an
hour and place, designated in the notices, which notices
shall be posted at least ten days prior fc the day desig-
' nated in them, then and there to vote for or against such
change; the electors, when assembled at the time and
place designated in the notices, shall appoint a chairman
and two clerks, who shall be judges of the election, which

Returns of
election.

Township board
to have juris-
diction of terri-
tory, property,
etc.

Withdrawal
from special
district; how
effected.

ihall continue at least two hours; those in favor of the
proposed change shall have written or printed on their
ballots the words, ^'School — Change," and those opposed
thereto the words, ^'School — No change," and a majority
of the ballots cast shall determine the question whether the
[change be made; the judges shall within five days after
t.e election make due return thereof to the board of educa-
:.' n of the district; and if a majority of the votes cast are
ir favor of the change, the board shall immediately certify
that fact to the township board, which shall thereupon as-
>.in,e jurisdiction of the territory, property, and affairs of
:!.c special district, and thereafter treat such district as a
?ubdistrict of the township district. ^ Provided, however,
that in a special district, which has been created from two
:r more joint subdistricts, subdistricts or parts of subdis-
iricts if the electors of the territory which formerly com-
p'sel any one or more of such joint subdistricts, subdis-
trict.- or parts of subdistricts desire to withdraw from the
special district organization and become a part of the town-
ship in which thev are situated, they may make the change
as provided in this section 3926, except that posted notices
signed by six resident electors shall be sufficient to call
such election.

Section 2. That said section 3926 (as amended 88 Repeals, etc.
0. L., page 297) is hereby repealed and this act shall take
vflfect from and after its passage.

HARRY C. MASON,
Speaker of the House of RepresetUaHves,

ASAHEL W. JONES,

President of the Senate,
Passed March 30, 1898. 60G

[Senate Bill No. 87.]

AN ACT

To provide for the education of the children in the state of Ohio,
who are both blind and deaf.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That, on and after the passage of this act,
the institution for the education of the deaf and dumb shall
also be open to receive such blind and deaf children, resi-
^lents of the state, as the trustees and superintendent judge
from reliable information and examination to be suitable
persons to receive instruction therein, and the superintend-
tnt is hereby authorized to employ a suitable teacher or
teachers, and ntirse or nurses, and to make all necessary
arrangements for the instruction and care of such blind and
deaf children as may be admitted. The compensation of
said teachers and nurses shall be fixed by the trustees. No
such deaf and blind child shall be admitted under four

Institution for
deaf and dumb :
Admission of
blind and deaf
children.

Employment
of teacners
and nurses :
compensation.

Age of admis-
sion ; lenffth of
time chilaren
permitted to
remain.

Regulations for
admission and
education.

Education of
deaf and blind
children at
home.

years of age, or siiall remain more than twelve years, or
such a part thereof as the superintendent thinks its progress
justifies; and all rules and regulations, which apply to the
admittance and education of the deaf and dumb, shall
apply to the deaf and blind so far as the same are appli-
cable.

Section 2. The trustees of said institution, when it
seems to them fit and proper, shall provide for the educa-
tion of any deaf and blind child at its home, the teachers
to be appointed and directed the same as when the child
is placed in the institution.

Section 3. This act shall take effect from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 30, 1898. 61G

Board of trus-
tees of police
ension fund ;

[Senate Bill No. 33.]

AN ACT

To provide for the creation, maintenance and distribution of a
policemen's pension fund in certain cities in which the tenure
of office of members of the police department is during good
behavior.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That in each city of said state in which
pension fund: the tenure of office of members of tlie police department
how constituted, j^ during good bchavior, except Cincinnati, Cleveland, Co-
lumbus, Dayton and Toledo, a board of trustees of a fund
to be known as "the policemen's pension fund" shall be
and is hereby created, which board of trustees shall be
composed of the members of the board or committee hav-
ing control or supervision of the police department, in
each of said cities, and of three other persons, members
of such poHce department, which three other members
shall be elected in the manner hereinafter provided. The
board of trustees so constituted shall, in each instance, be
known as "the board of trustees of the policemen's pension

fund of tiie city of (the blank in the name, to be

filled with the name of the proper city), and by that name^
shall be a body corporate, with powers of succession, and,
as such, shall have power to sue and to be sued, by such
corporate name.

Section 2. That within sixty days after this act shall
take effect, or shall become applicable hereafter, the chief
officer of the police department of such city, to which this
act is applicable, shall give at least two weeks' notice, in
writing, to each member of the police department in such
city that upon a date to be named in such notice, not less

style of title
of board ; pow-
ers of board.

Notice of elec-
tion.

r.han one week nor more than two weeks from the date of
>v:h notice, an election of three members of said board
u! trustees will be had. Such election shall be by ballot,
and shall be held between the hours of 8 o'clock a. m.
and 6 o'clock p. m., of the day named in such notice, at
the police headquarters of such city. Each member of
the police department of such city shall have the right to
cast a ballot for three candidates for trustees, and the bal-
lots, so cast, shall be inspected and counted by the mayor,
chief officer of the police department and the solicitor of
such city, and the three persons receiving the highest num-
ber of votes shall be elected. Within one week from the
:iunting of the ballots, the officers counting such ballots,
or any two of them, shall certify, in writing, to the clerk
o: such city the result of such election. The three trustees
<o elected shall take and subscribe an oath to faithfully dis-
charge the duties of their office, which oath may be ad-
ministered by any officer authorized to administer oaths
::r.der the laws of the state of Ohio. The three trustees,
su elected, shall retain their office until their successors are
elected and qualified. After the first election of said trus-
tees, the said three trustees shall be thereafter elected an-
nually, in the same manner as above indicated, at an elec-
ron to be held each year on the second Monday of January.

Section 3. That as soon as practicable after the elec-
tion of said thred trustees, the board of trustees of the
T'Olicemen's fund, in each of said cities, shall organize, by
tsLt election of a president, a secretary and a treasurer.
The president and secretary shall be members of said board
:i trustees. The president shall preside at all meetings of
said board of trustees. The secretary shall keep a com-
plete and correct record of all the proceedings of the board
c: trustees and shall in January of each year make to the
city council a written detailed statement of the transac-
tions of the board of trustees, touching the pension fund
and showing the receipts and disbursements during the
preceding year.

Section 4. The treasurer of the pension fund created
^y this act shall be chosen by the board of trustees and
shall be a citizen of such city, but need not necessarily be
a member of the police department. Such treasurer shall
have the custody of the pension fund, and before entering
"pon the performance of his duties shall give a bond, pay-
able to the state of Ohio, in such sum as may be prescribed
by the board of trustees, with two or more sureties to be
approved by the board of trustees, and conditioned for the
faithful discharge of his duties and the accounting for all
Tnoneys received by him in his official capacity.

Section o. That the treasurers of counties, contain-
itig a city to which this act is applicable, shall, semi-annu-
'Hy, at the time of their semi-annual settlements with the
^■■'iitors of their respective counties, pay over to the treas^
-rers of the policemen's pension fund, one-half the amount

Election to be
by ballot ; time
and place.

Who elijrible to
vote; inspection
and counting
of ballots.

Certification of
result.

Oath.

Terms.

Annual elec-
tions.

Oreanization
of hoard; duties
of officers.

Election of
treasurer; qual-
ifications;
duties ; bon8.

Tax on foreign
insurance com-
panies applied
to pension
fund.

Fanes, fftf ts,
etc., to DC paid
into pension
fund.

Dues of mem^
bcrs.

Retirement of
disabled mem-
ber; monthly
pension.

Return of mem-
ber to active
duty.

Manner of pay-
ment of pen-
sion.

to which such city is entitled, under its annual levy, to re-
ceive, of all the taxes paid into the treasuries of thei:
respective counties by foreign insurance companies, on
their gross receipts under the provisions of section 2745
ot the Revised Statutes during the half year preceding such
semi-annual settlement.

Section 6. That all fines assessed against members
of the police department, in such cities, respectively by ^-ay
of discipline or punishment, together with all g^fts, dona-
tions and bequests wfiich may be made for the benefit of
such pension fund; and also twenty-five (25) per cent, of
all rewards in money which may be paid to members oi
such police department on account of special or extraor-
dinary services, hereafter performed by them, shall con-
stitute a part of such policemen's pension fund, and as
received shall be paid over to the treasurer of such fund.

Section 7. That in each city, to which this act is
applicable, the members of the police department, shall
pay, as monthly dues, to the policemen's pension fund, one
(1) per cent of all moneys received from said city as com-
pensation for their personal services, provided that when
the surplus funds of any association shall amount to the
sum of twenty thousand (f20,000) dollars no more dues
shall be paid so long as the said surplus remains at that
amount or over, but when the surplus funds become re-
duced below the sum of twenty thousand ($20,000) dol-
lars upon notice from the board of directors the said dues
shall again become due and payable. .

Section 8. That if any member of the police depart-
ment of any city shall, during his period of active service,
be found, upon an examination of the medical officers or
board, eippointed for that purpose, by the board or com-
mittee having control and management of such police de-
partment, to be physically or mentally disabled so as to
be unable longer to perform his duties as a member of the
police department, and such disability shall have been
caused or induced by the performance of the duties of his
position as such member, such board or committee shall
have power to retire such disabled member from all ser-
vices in such police department, and upon such retirement
the board of trustees of the policemen's pension fund shall
order the payment to such disabled member of a monthly
pension, equal in amount to one-half the monthly salan'
of such disabled member at the time of such retirement;
provided, that if at a later time it shall be found, upon a
further examination by such medical officers or board, that
such retired member has recovered from his said disa-
bility, in whole or in part, such board or committee may
return such disabled member to active duty or assign him
to such light duties in the police department as he may be
able to perform. That in case such disabled member is
returned to such active duty, at full pay, his said pension

Pcrmanciit re-
tirement of
member ;
monthly pen-
sion.

Retired mem-
ber subject to
rules and regru-
lations of police
department ;
suspension of
pension.

shall cease, but in case he is assigned to duty at a lower
rate of pay than that received by him prior to such retire-
ment, then the monthly pension assigned him shall be
fixed at such a rate that when added to his monthly pay
the total shall not exceed the full amount of pay received
by him prior to such retirement. j

Section 9. That any member of the police depart-
ment who has reached the age of sixty (60) years or over
may, after twenty-five (25) years of faithful service in such
police department, upon written application to said board
or committee, be relieved from all further services in the
police department, and the board of trustees, upon such
member being so retired, shall order the payment to such
retired member of a monthly pension equal in amount to
one-half of the monthly salary which was received by such
retired member immediately prior to the date of his retire-
ment That any member of the police department who,
from any cause mentioned in this act, is retired from active
duty and pensioned, shall be subject to the rules and regu-
lations of the police department, as to his conduct and
behavior, and the said board or committee shall have the
power to suspend the payment of pensions, either in whole
or in part, as a punishment for the violation of the said
rules and regulations, or shall have the i>ower to pay the
same in whole or in part, to the family of such pensioner,
in case such pensioner does not properly support his said
family.

Section 10. That if any member of the police depart-
ment shall, while in discharge of his duties, be killed, or
shall die from the effects of an injury, so received, or shall
die of any disease contracted from exposure while in the
performance of his duties, or if an honorably retired mem-
ber of the police department shall die from any such cause,
and such deceased member shall leave a widow, such
tt-idow shall, while she remains unmarried, be entitled to
receive a monthly pension equal in amount to one-half the
monthly pay of such deceased member immediately prior
to his death or retirement. That if such member, so killed Minor children,
or dying, does not leave a widow, but leaves a minor child
or children, under the age of sixteen (16) years, then such
minor child or children shall each, until they arrive at the
age of [sixteen] (16) years, be entitled to receive a monthly
pension of six (6) dollars. iTiat if such member, so killed
or dying does not leave a widow or minor child under the
age of sixteen (16) years, but leaves a mother, dependent
upon him for support, then such dependent mother shall,
until she remarries, be entitled to receive a monthly pension
of twenty (20) dollars. That if such member, so killed or
dying, does not leave a widow or minor child under the
age of sixteen (16) years, or a mother dependent upon him
for support, but leaves a father, dependent upon him for
suppcMt, then such dependent father shall be entitled to

Pension of
widow.

Dependent
mother.

Dependent
father.

Final decision
of question of
dependency.

Prorating of
paj-^raents.

Exemption from
attachment, exe-
cution, etc.

Power to invest
fund in bonds.

Vacancies in
board or officer^
of boaid.

Beneficiaries
under act.

receive a monthly pension of twenty (20) dollars. That
the board of trustees of the policemen's pension fund shall
hear [have] the final decision in all questions of dependency
arising under this section.

Section 11. That if at any time there is not sufficient
money or bonds to the credit of the pension fund to pay
to each person entitled to receive pensions, as hereinbefore
stated, the full amount of their several pensions, then, and
in that event, the board of trustees shall order the payment
of an equal percentage of such pensions, to each pensioner,
until said pension fund is so replenished as to warrant the
payment of the full amount of said pensions.

Section 12. That no portion of the policemen's pen-
sion fund shall, either before or after its order of disburse-
ment by the board of trustees to pensioners, under this act,
be liable to, be seized, taken, held, detained or levied upon
by virtue of any attachment, execution, or by any other
legal process or proceedings, for the payment or satisfac-
tion, in whole or in part, of any debt, claim or demand, or
of any fine or emercement imposed upon such pensioner.

Section 13. That the board of trustees of the police-
men's pension fund, in each of said cities, shall have power
to invest from time to time such portion thereof as it may
seem to the said board desirable to invest, which invest-
ment of said funds shall be made in interest bearing bonds
of the United States, or of the state of Ohio, or in bonds
issued by any county, city, village or township of the state
of Ohio, in pursuance to law, or in mortgage on unincum-
bered real estate, located in the state of Ohio, and worth,
in the judgment of the board of trustees, at least twice the
amount to be loaned thereon. All such investments shall
be made in the corporate name of the board of trustees,
and all moneys drawn from the treasury of such board,
whether for the purpose of investment, or for paying pen-
sions or expenses, shall be drawn by written order upon
the treasurer, to be signed by the president and counter-
signed by the secretary.

Section 14. iTiat in case any vacancy shall occur in
the members of tlie board of trustees, or in the officers of
said board, the remaining members of the Doard shall have
power to fill such vacancy until a successor is duly elected
at the next ensuing annual election.

Section 15. That any disabled or retired member of
the police department in any city, to whicii this act is ap-
plicable, or the widow, minor child or children, under the
age of sixteen (16) years, or the dependent mother or
father of a deceased member who, at the time when this
act takes effect, shall, under the provisions of acts then
ill force, be drawing pensions, for causes set forth in this
act, shall each be and are hereby made beneficiaries under
the provisions of this act

Section 16. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W, JONES,

President of the Senate.
Passed March 30, 1898. 62G

[Senate Bin No. 147.]

AN ACT

To amend sections 5866 and 5933 of the Revised Statutes of the state

of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, Tliat section 5866 of the Revised Statutes
of Ohio, as amended April 14, 1886, and that section 5933
o\ the Revised Statutes of Ohio, as amended March 21»
l.S^'S, be, and said sections are hereby amended so as to
Ttad as follows :

Sec. 5866. An action to contest a will or codicil [shall]
hi' brought w^ithin two years after the same has been ad-
mitted to probate, but persons within the age of minority,
of unsound mind, or imprisoned, may bring such action
within two years after such disability is removed.

Sec. 5933. If no person interested [shallj, within two
years after probate had, appear and contest the validity of
the will, the probate snail be forever binding, saving, how-
ever, to infants, and persons of unsound mind, or in cap-
tivit>% the like period, after the respective disabilities are
removed.

Section 2. That said sections 5866 and 5933 of the
Revised Statutes be and the same are hereby repealed, and
this act shall take effect and be in force from and after its
passage, and shall apply to wills or codicils heretofore or
hereafter admitted to probate.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passea March 30, 1898. 63G

Contest of will :

Time within
which contest
shall be
brought.

Contest must be
made in two
years ; excep-
tion.

Repeals, etc.

Application of
act.

[Senate BiU No. 322.]

AN ACT

Making appropriation for expenses of legislative committees and
contingent expenses of the senate and house.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following sums for the purposes Appropriation!
hereinafter specified are appropriated out of any moneys in issfmw™*
6

the treasury to the credit of the general revenue fund not
otherwise appropriated, to wit: For the expenses of legis-
lative committee, f 1,000.00; for the contingent expenses
of the senate, $2,500.00; for the contingent expenses of the
house, 12,500.00.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,
President pro tern, of the Scmtc.
Passed April 1, 1S98. 64G

Township
roads.

Specifications
as to improve-
ment.

Application of
cost where im-
provements
marie on assess-
ment plan.

[Senate BiJl No. 45.]

AN ACT

To amend sections 13 and 24 of the act passed March 13, ISi^'J.
entitled " An act to authorize the improvement of public roads
of townships and streets of villages therein.*' (92 O. L., <>•'>
and GS.)

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 13 and 24 of the act passed
March 13, 1896, entitled "An act to authorize the improve-
ment of public roads of townships and streets of village^
therein," be so amended as to read as follows:

Sec. 13. No road or street shall be improved under
the provisions of this act which is less than forty feet in
width, and shall be graded at least twenty feet in width:
shall be turnpiked with earth so as to drain freely to the
sides and may be macadamized, raised with stone or gravel
not less than ten or more than sixteen feet in width, and
not less than sixteen inches thick in the center, nor less
than twelve inches thick at the outer edge of said bed ot
stone and gravel well compacted together in such manner
as to secure a firm, even and substantial road. In no case
shall the grade, or ascent, or descent of the road be greater
than seven degrees. The roads and streets shall be well
provided with the necessary side drainings, waste-ways
and under-drains to prevent overflowing or washing of
water; and the commissioners of the county in which such
township is located shall, upon the application of the town-
ship trustees, cause the necessary bridges ana culverts on
said road or street to be constructed or reconstructed in
a substantial manner so as to conform to the grade of the
improved road.

Sec. 24. That in all cases where streets or roads have
been heretofore improved or shall be hereafter improved
by being graded or macadamized or paved on the assess-
ment plan, and paid for, or in process ot being paid for, by
abutting property owners, that the entire cost of the im-
provement herein provided for such width as may be

designated by the commissioners, and at such time as such
commissioners may designate such streets or roads for
improvement shall be paid to the treasurer of the village
or township, as the case may be, and the money so paid
shall be by him applied to the payment of outstanding bonds
issued for said improvement.

Section 2. That sections 13 and 24 of an act passed Repeals-
March 13, 1896, entitled "An act to authorize the im-
provement of public roads of townships and streets of vil-
lages therein," be and the same are hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES, '
President of the Senate.
Passed April 5, 1898. 65G

[House Bill No. 282.]

AN ACT

To amend section 799 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 799 of the Revised Statutes
of Ohio be amended so as to read as follows :

Sec. 799. It is competent for the commissioners ii
they fail to make the contract or contracts as herein pro-
vided for, on the day named in the notice, to continue
from day to day until such contract or contracts be made ;
but such contract or contracts, so far as they relate to pub-
lic buildings or bridge substructures, shall be awarded to
and made with the person or persons who offer to perform
the labor and furnish the material at the lowest price, and
give good and sufticient 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 are made a part of
such contract or contracts. All contracts herein nrovided
for that exceed one thousand dollars in amount shall be
submitted by the commissioners to the prosecuting attor-
ney of the county, except in counties having a county solic-
itor, who shall take the place of the prosecuting attorney
in such counties, before any work is done or material fur-
nished, and if found by him to be in accordance with the
provisions of this chapter, and his certificate to that effect
ii indorsed thereon, the contract or contracts shall have
full force and effect, otherwise they shall be null and void ;
but if such contractor or contractors fail or refuse to pro-
ceed with the work specified in his or their contract or
contracts, in accordance with the plans, descriptions and

Public build-
ings :

Adjournment
of letting of
contracts from
day to day.

To whom cer-
tain contracts
shall be
awarded.

Contracts to be
submitted to
prosecuting
attorncN'.

Power of com-
missioners to
annul old and
make new con- -
tracts.

specifications attached to and made part of such contract
or contracts, the commissioners shall have power to declare
such contract or contracts annulled, and shall proceed to
make another contract or contracts for the completion of
such .work, in accordance with the provisions of this
chapter.
Kepeais.etc. SECTION 2. Said Original section 799, as amended

April 13, 1888 (O. L., 85, pages 218-221), be and the same
is hereby repealed, and this act shall take effect on and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatkes.
ASAHEL W. JONES,

President of the Senate.
Passed April 5, 1898. 66G

Dead body :

Restrictions
under whick
medical colleges
and teachers
may receive
bodies for
dissection.

Body to be de-
livered to
claimant.

[House Bill No. 328.]

AN ACT

To amend section 3763 as amended February 19, 1881 (78 O. L., page
33), of the Revised Statutes of Ohio.

Section 1. Be it enacted by the Gefieral Assembly of
ike State of Ohio, That section 3763, as amended February
19, 1881 (78 O. L., page 33), of the Revised Statutes of
Ohio be amended so as to read as follows:

Sec. 3763. All superintendents of city hospitals, direc-
tors or superintendents of city or county infirmaries, direc-
tors or superintendents of work-houses, directors or super-
intendents of asylums for the insane, or other charitable
institutions founded and supported in whole or in part at
public expense, the directors or warden of the penitentiar>-,
township trustees, sheriffs, or coroners, in possession oi
bodies not claimed or identified, or which must be buried
at the expense of the county or township, shall, before
burial, hold such bodies not less than thirty-six hours and
shall notify the professor of anatomy in any college which
by its charter is empowered to teach anatomy, or the presi-
dent of any county medical society of the fact that such
bodies are being so held and shall, before or after burial, by
such said superintendent, director, or other officer, on the
written application of the professor of anatomy, the presi-
dent of any county medical society, deliver to such said
professor, or president, for the purpose of medical or sur-
gical study or dissection, the body of any person who has
died in either of said institutions from any disease, not in-
fectious, if such Dody has not been requested for interment
by any person at his own expense; if the body of any de-
ceased person so delivered, be subsequently claimed, in
writing, by any relative or other person for private inter-
ment, at his own expense, it shall be given up to such

claimant; after such bodies shall have been subjected to
such medical or surgical examination or dissection, the
remains thereof shall be interred in some suitable place
at the expense of the party or parties in whose keeping said
corpse has been placed. In all cases it shall be the duty
of the officer havmg such body under his control to notify
or cause to be notified, in writing, the relatives or friends
Oi such deceased person ; and any superintendent, coroner,
or infirmary director, sheriff, or township trustee, failing
or refusing to deliver such bodies when applied for, as
herein provided, or who shall charge, receive, or accept
money, or other valuable consideration for the same, shall
be fined in any sum not exceeding one hundred dollars,
and not less than twentv-five dollars, or be imprisoned in
the county jail not exceeding six months ; provided, how-
ever, that in no case shall the body of any such deceased
person be delivered until twenty-four hours after death.
The bodies of strangers or travelers, who die in any of
the institutions 'herein named, shall not be delivered for
the purpose of dissection, except said stranger or traveler
belong to that class commonly known as tramps ; and all
bodies delivered as herein provided shall be used for med-
ical, surgical and anatomical study onljr, and within this
state, and the possession of the body of any deceased per-
son for the above purposes, and not authorized under this
section, shall be unlawful, and the detention of the body of
any deceased person, claimed by relatives or friends for
interment at their expense, shall also be unlawful, and the
person so detaining said body unlawfully, shall be fined
in any sum not exceeding one hundred dollars, nor less
than twenty-five dollars, or be imprisoned in the county
jail not exceeding six months.

Section 2. This act shall take effect and be in force
from end after its passage, as amended Febniary 19, 1881
(78 O. L., page 30), is hereby repealed.

HARRY C. MASON,
Speaker of the House of Representatives. .

ASAHEL W. JONES,

President of the Senate.
Passed April 5, 1898. 67G

Interment ol
body afler ex-
amination or
dissection.

Notification to
relatives of de-
ceased person.

Penalty for
refusal to de-
liver body, or
acceptance of
consideration
for same.

Body of
stranger or
traveler.

Unlawful to
have unauthor-
ized body in
possession ;
penalty.

Repeals.

[Senate Bill No. 133.]

AN ACT

To amend section 3921 of the Revised Statutes of the state of Ohio.

Section 1. Be it enacted by the General Assembly of
tk State of Ohio, That section 3921 of the Revised Statutes Township and
be amended to read as follows: \^s}^^^'

Sec. 3921. A map of each township district shall be Map of town-
prepared by the board, as often as it may be necessary, in

ship district.

Suspension of
school in sub-
district: con-
veyance of
pupils to other
district ; how
cost defrayed.

Change of sub-
districts.

Repeals, etc.

which shall be designated the numbers and boundaries of
the subdistricts thereof; the board may at any regular ses-
sion, increase or diminish the number, or change the
boundaries of subdistricts, or may, when in its opinion, it
will be for the best interests of the pupils in any subdistrict,
suspend the school in such subdistrict, and shall provide
for the conveyance of said pupils to such other district or
districts as may be most convenient for them, the cost of
such conveyance to be paid out of the contingent fund of
said district; and any such subdistrict which may be estab-
lished by act of the general assembly shall be governed
by the provisions of this title, except that it cannot be
changed or consolidated by the board within three years
after its formation, unless the written consent of two-thirds
of the electors residing in the territory affected by such
change is obtained.

Section 2. That section 3921 of the Revised Statutes
of Ohio be and the same is hereby repealed; and this act
shall take effect upon its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 5, 1898. 68G

Preamble :

[Senate BiU No. 110.]

AN ACT

To provide for the disposition of unclaimed legacies under the last
will and testament of Richard Randolph, deceased.

Whereas, Richard Randolph, formerly of the state
of Alabama, and late of Greene county, Ohio, died testate,
in said county, on or about the 30th day of January, AD.
1859, and afterward, to wit: On the 5th day of February,
A. D. 1859, his last will and testament was duly admitted
to probate in said county; and, whereas, on or about the
15th day of November, 1894, there was paid into the treas-
ury of Greene county, Ohio, the sum of |1,315.20, and on
the 3rd day of January, 1895, there was paid into said
treasury the further sum of |3,531.07, and on the 4th day
of January, 1895, there was paid into said treasury the
further sum of |1,800.00, in all the sum of six thousand
six hundred and forty-six dollars and twenty-seven cents
(16,646.27), said sums having been held in trust for cer-
tain legatees under said will, who were former slaves of
the said Richard Randolph, deceased; and, whereas, dili-
gent search has failed to locate any of the persons entitled
to said money or any part thereof, and, whereas, the said
Richard Randolph, deceased, was deeply and generously
interested in the liberty, education and general welfare of

the unfortunate class represented by said legatees; there-
fore,

Section 1. Be it enacted by the General Assembly of
tk State of Ohio, That the treasurer of Greene county, Ohio, J^JJ^^^^u'^^ty
is hereby authorized and required to pay to the trustees required to
of Wilberforce university, located in said Greene county, ^ymcn?to\°u»-
Ohio, the said sum of six thousand six hundred and forty- fSJJc^'u^versky.
six dollars and twenty-seven cents (|6,646.27), and their
receipt therefor shall be a legal discharge of said treasurer
from further liability for said sum, and said trustees are
hereby authorized to receive and receipt for said sum, and
when so received by them they are directed and required
to place the same to the credit of the endowment fund of '

said university. Should the said legatees or any one of
them, or their heir or heirs, appear in the probate court
of Greene county, Ohio, within ten years from the pas-
sage of this act, and by competent evidence, establish their
right to all, or any part of said sum of ?6,646.27, to the
satisfaction of said court, and the said court determines
the amount he, she or they is or are entitled to receive,
and certifies the same to the said trustees of Wilberforce
university, they shall pay over to the person or persons
so entitled, the amount so certified, but in no case shall
they be required to pay over in the aggregate, a greater
sum than the sum received by them under this act. And
said trustees of said university shall give Bond to the state
of Ohio to the satisfaction of the probate court of Greene
count}' in double the amount herein transferred to said
university. Said bond being conditioned for the payment
of said sum of $6,646.27 or any part thereof as herein
provided.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Sefwte,

Passed April 5, 1898. COG

[House Bin No. 12.]

AN ACT

To amend section 2 of an act entitled •' An act to give better pro-
tection to such persons as use and pass up and down stairs and
stairways in or on tenement houses, apartments, manufactories,
mills, shops, stores, churches, hotels, public halls, lecture
rooms, restaurants, public library rooms, business offices of
professional men and others doing business for or with the
public, all public buildings and other rooms of public resort,
whether for the transaction of business or public enjoyment."

Section 1. Be it enacted by the General Assemblv of
thi- State of Ohio, That section 2 of the above recited act, factSriwr

Penalty for fail-
ure to provide
hand-rails; lia-
bility for dam-
ages.

Chief inspector
to enforce pro-
visions.

passed April 18, 1892 (O. L., vol. 89, page 374), be amended
so as to read as follows:

Sec. 2. Any person or persons owning or having
charge of such stairs or stairways, as directors, trustees,
lessees, managers or proprietors of any of said buildings
wherein said stairs are erected and used for the purposes
aforesaid, and neglecting or refusing to provide said hand-
railings, and put up and keep up the same in manner afore-
said, shall be deemed guilty of a misdemeanor, and on
conviction thereof before any court of competent jurisdic-
tion shall be fined in any sum not less than ten nor more
than one hundred dollars, and shall be liable to any person
injured for the want of such raihng or railings for all
injury to such person or damages resulting therefrom; and
it shall be the duty of the chief inspector of workshops
and factories, or district inspectors, to enforce the pro-
visions of this act.

Section 2. That said original section 2, passed April
18, 1892 (O. L., vol. 89, page 374), be and the same is
hereby repealed, and this act shall take effect on and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. TONES,

President of the Senate.
Passed April 7, 1898. 70G

Railroad compa-
nies to erect and
maintain tele-
Srraph or tele-
phone wires.

Unlawful for
company to ask
or receive com-
pensation unless
wires are main-
tained.

[House Bill No. 76.]

AN ACT

To provide for the erection and maintenance of a telegraph or a
telephone wire along the line of steam railroads.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That every steam railway company op-
erating ten miles or more of its railroad for the carrying
or transportation of passengers and freight over its road
within this state, shall erect and maintain or cause to be
erected and maintained in complete working order, for
use and operation along the line of its road used for the
carrying and transportation of passengers or freight, a
telegraph or telephone wire, with an office and proper
means for communication by said wire at each of its prin-
cipal railway stations. And it shall be unlawful for any
steam railway company operating ten miles or more of its
railroad aforesaid having no telegraph or telephone wire
along the line of its railroad, as provided herein, to ask,
demand or receive any compensation whatever for the
carrying or transportation of passengers or freight over
its said railroad.

Section 2. The charter of any steam railway or
steam railroad company mentioned and provided for in
the first section of this act, failing or neglecting to comply
with the conditions ot this act, shall be declared forfeited
and shall be annulled upon or by a civil action brought for
that purpose in the name of the state of Ohio, by the
prosecuting attorney of any county in this state, in or
through which any steam railroad is operated; and any
officer, agent or other person acting for or in behalf of
any such steam railway company, who shall order, direct,
advise, ask, demand or receive any compensation whatever
for the carrying or transportation of passengers or freight
over its railroad by any steam railway company mentioned,
designated, described or provided for in this act, shall be
fined in any sum not less than one hundred dollars, nor
more than five hundred dollars, or imprisoned in the
county jail or workhouse not less than thirty days, nor
more than ninety days, or both.

Section 8. This act shall go into effect and be in
force on and after the first day of July, 1898.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 7, 1898. 71G

Forfeiture of
charter for fail-
ing to provide
for mainteuauce'
of wires.

Penalty for de-
manding or ac-
cepting compen-
sation.

When act takes-
effect.

[House Bill No. 313.]

AN ACT

[To amend] sections 1 and 3 of an act entitled "An act to prevent
fraud in the manufacture and sale of imitation cheese," passed
March 3. 1896 (92 O. L., page 51.)

Section 1. Be it enacted by the General Assembly of
the State of Ohio, [That] sections 1 aiTd-3^ of ~an act-entitled Adulterations
*'An act to prevent fraud in the manufacture and sale of
imitation cheese," passed March 3, 1896 (92 O. L., page
51), be so amended to read as follows:

Sec. 1. Whoever, by himself or his agents, sells, ex- Branding of
poses for sale, or has in his possession with intent to sell, and "skliSmed
any article, substance, or compound made in imitation or cheese."
semblance of cheese, or as a substitute for cheese, and not
made exclusively and wholly of milk or cream with salt,
rennet, and with or without harmless coloring matter, or
containing' any fats, oils or grease not produced from milk
or cream, shall have the words "filled cheese," and all
cheese made exclusively and wholly from milk or cream
with salt, rennet, and with or without harijiless coloring
matter, and containing less than twenty per cent, of pure
butter fat, shall have the words "skimmed cheese" stamped,
labeled or marked, in printed letters of plain, uncondensed

Penalty for sell-
in|r or offering
imitation when
cheese is called
for.

aiepeals, etc.

gothic type, not less than one inch in length, so that the
words cannot easily be defaced, and upon the side of even-
cheese, cheese-cloth or band around the same, and upon
the top and side of every tub, firkin, box or package con-
taining any of said articles, substance or compound. And
in case of retail sales of any of said articles, substance or
compound, not in the original package, the seller shall, by
himself or his agents, attach to each package so sold, and
shall deliver therewith to the purchaser, a label or wrapper
bearing in a conspicuous place upon the outside of the
package the words "filled cheese," or "skimmed cheese,"
as the case may be, in printed letters of plain, uncondensed
gothic type, not less than one inch in length.

Sec. 3. Whoever, by himself, or his agents, sells or
offers for sale, to any person who asks, sends or inquires
for cheese, any article, substance, or compound made in
imitation or semblance of cheese, or as a substitute for
cheese, not made entirely from milk or cream, with salt,
rennet, and with or without harmless coloring matter, and
containing not less than twenty per cent, pure butter fats,
shall be punished by a fine of not less than fifty nor more
than one hundred dollars, or by imprisonment in the
county jail not less than ten nor more than thirty days for
the first offense, and by a fine of not less than one hundred
nor more than two hundred dollars, or by imprisonment in
the county jail not less th^n twenty nor more than sixty
days, or both, for each subsequent offense.

Section 2. [That] sections 1 and 3 of an act entitled
"An act to prevent fraud in the manufacture and sale of
imitation cheese," passed March 3, 1896 (92 O. L., page
51), be and the same are hereby repealed; and this act
shall take effect and be in force on and after the first day
of May, 1898.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 7, 1898. 72G

[House Bin No. 630.]
AN ACT

To amend section 2407 of the Revised Statutes of Ohio.

Fire depart-
ment:

■Fire Tvardcns,
medical officer,
veterinary sur-

feon in cities of
rst class, sec-
ond grade

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2467 of the Revised Sututes
of Ohio be so amended as to read as follows:

Sec. 2467. In all cities of the se<;ond grade of the first
class there shall be appointed not less than two nor more
tlian four special fire wardens with annual salaries the same
as that paid engineers of the fire force, said wardens to be

chosen from any members of the fire department regard- (Cleveland); ap-
less of time., standing or position in said department; one J?i*ari?s^°^ "°
medical of&cer with an annual salary the same as that paid
eng:ineers of the fire force; one veterinary surgeon with an
annual salary the same as that paid engineers of the fire
force, each to be under the control and subject to the rules
and regulations of the department of fire; provided, that bents" Viuur"'
the persons serving in such capacities in the department appointments,
at the passage of this act shall not be removed, and no
further appointments shall be made hereunder, except in
tlie same manner and under the rules and regulations pro-
viding for the appointment, removal and discharge of other
members of the fire force, as provided in sections 24 and
50 of an act of the general assembly of the state of Ohio,
passed March 16, 1891, entitled "An act to provide for a
more efficient government for cities of the second grade
of the first class," as amended At)ril 2, 1891.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 7, 1898. 73G

[House Bin No. 337.]

AN ACT

To amend sections 6113, 6114, 6115, 6120, 6121, 6122 and 6128 of the
Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 6113, 6114, 6115, 6120, Executors and
6121, 6122 and 6128 of the Revised Statutes of Ohio be ^^'^'^^^^^^^"^
amended so as to read as follows:

Sec. 6113. No executor or administrator, after hav- Limitation of

- , . . ^ . 'J 1 • .1 • actions by creel-

ing given notice of his appointment, as provided m this itors.

chapter, shall be held to answer to the suit of any creditor

of the deceased, unless it be commenced within two years

from the time of his giving bond as aforesaid, excepting

in the cases hereinafter mentioned; provided, however, claims accruinfir

that any creditor whose cause of action shall accrue or «^««" ^''o y«a"-

shall have accrued after the expiration of two years from

the time that the executor or administrator of such estate

shall give or shall have given bond according to law, and

before such estate is fully administered, may commence

and prosecute such action at any time within one year

after the accruing of such cause of action, and before such

€5tate shall have been fully administered; and no cause

of action against any executor or administrator shall be

AivietH received
artier two vcars.

I^iable lo credit-
ors for such
asftt:t!jh.

UmitAtion of
actions

Claim not due in
two years may
be presented to
court ; allow-
ance and satis-
faction of claim.

I«imitation of
actions against
administrators
de bonis non.

Not required to
answer to suit
brought after
three years.

Two years limit
of actions.

adjudged barred, by lapse of time, until the expiration of
one year from the time of the accruing thereof.

Sec. 6114. When assets shall come to the hands r>i
an executor or administrator, after the expiration of the
said two years, he shall account for, and apply the same in
Hke manner as if they had been received within two years;
and he shall be liable to an action, and to be proceeded
against on account of such assets, by or for the benefit of
any creditor, in like manner as if the assets had been re-
ceived within the said two years; provided, that such action
or proceeding be commenced within one year after the
creditor shall have notice of the receipt of such new assets,
and not more than two years after the same shall be actu-
ally received.

Sec. 6115. Any creditor whose right oi action shall
not accrue within the said two years after the date of the
administration bond, may present his claim to the court
from which the letters issued, at any time before the estate
is fully administered; and if, on examination thereof, it
shall appear to the court that the same is justly due from
the estate, it may by the consent of the creditor and ex-
ecutor or administrator, order the same to be discharged,
in like manner as if due, after discounting interest; or
the court may order the executor or administrator to re-
tain in his hands sufficient to satisfy the same; or if any
of the heirs of the deceased, or devisees, or others inter-
ested in the estate, shall offer to give bond for the alleged
creditor, with sufficient surety or sureties for the payment
of the demand, in case the same shall be proved to be due
from the estate, the court may, if it thinks fit, order such
bond to be taken, instead of ordering the claim to be dis-
charged as aforesaid, or requiring the executor or admin-
istrator to retain assets as aforesaid.

Sec. 6120. When any executor or administrator shall
die, resign, or be removed, or his letters shall have been
revoked, or his powers shall have ceased, without having
fully administered the goods and estate of the deceased,
and a new administrator of the same estate shall be ap-
pointed, the time allowed to the creditors of the deceased
for bringing their actions shall be enlarged as follows, to
wit: To so much of the two years provided far the limi-
tation of the said action as shall have expired while the
fomer executor or administrator continued in office, shall
be added so much time after the appointment of the new
administrator, as will make three years in the whole; and
the new administrator shall not be held to answer to the
suit of any creditor, commenced after the expiration of
the said three years, excepting as is provided in the fol-
lowing sections.

Sec. 6121. Every such new administrator shall, in all
cases, be liable to the actions of the creditors for the space
of two years after he shall have given bond for. the dis-

charge of his trust, although the whole time allowed to
the creditors should be thereby extended beyond the said
three years.

Sec. 6122. If the former executor or administrator when liable for
shall not have given notice of his appointment in the man- yeaVT* ^^^ ^"^^
ner before prescribed in this chapter, the new adminis-
trator shall be liable to the actions of the creditors for the
space of two years from the date of the bond given by
such new administrator.

Sec. (5128. When any executor or administrator shall, ^a*„dfng^pay-
within two years after liaving given bond for the dis- lucntroaybc
charjg^e of his trust, be required, by any legatee or next b^nd*.'^*^^^^**^^
of kin, to make payment in whole or in part, of his legacy
or distributive share, the court may, if it thinks fit, require
that the legatee or the next of kin, first give bond to the
executor or administrator, with surety or sureties to be
approved by the court, with condition to refund the
amount so to be paid, or as much thereof as may be neces-
sary to satisfy any demands that may be afterward recov-
ered against the estate of the deceased, and to indemnify
the executor or administrator against all loss and damage
on account of such payment.

Section 2. ihat said original sections 6113, 6114, Repeals.
6115, 6120, 6121, 6122 and 6128 of the Revised Statutes
of Ohio be and the same are hereby repealed.

Section 3. This act shall takt effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of tlie House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of tfie Senate,
Passed April 8, 1898. 74G

[Senate Bill No. 34.]

AN ACT

To amend section seven of an act entitled " An act amendatory of
and supplementary to an act entitled ' An act to provide for the
mode of conducting elections, to insure the secrecy of the
ballot, and prevent fraud and intimidation at the polls, and to
repeal certain statutes therein named,' passed April 30, 1891,"
and amended and supplemented April 18, 1892.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section seven of an act entitled "An conduct of euc-
act amendatory of and supplementary to an act entitled ^^*^°*'
*An act to provide for the mode of conducting elections,
to insure the secrecy of the ballot and to prevent fraud
and intimidation at the polls, and to repeal certain statutes
therein named/ passed April 30, 1891,'* and amended and
supplemented April 18, 1892, (O. L., vol. 89, page 434),

Nomination of
candidates by
nvininution
paiicrs.

Cuyahoga and

Hamilton

counties.

Signers to name
committee to
fill vacancies.

Signer pledged
to vote for
nominee or
nominees.

Residence of
signers to be
stated : can sub-
scribe to but
one nomination.
Oath by one of
the signers.

Repeals.

be and the same is hereby amended so as to read as fol-
lows:

NOMINATIONS BY PETITIONS.

Sec. 7. Nominations of candidates for any count)-,
city, township or municipal office, or members of the board
of education may be made by nomination papers, signed
in the aggregate for each candidate by not less than three
hundred qualified electors of the county, or fifty qualified
electors of the city, or twenty-five qualified electors of the
township, village or school district, respectively; except
in counties containing cities of the first and second grade
of the first class, such nomination papers shall be signed
by petitioners not less in number than one for every hfty
persons who voted at the next preceding general election
in such county. Nominations of candidates for other of-
fices may be made by nomination papers, signed for each
candidate by qualified electors of the state or the district
or division for which such candidates are nominated, not
less in number than one for every one hundred person?
who voted at the next preceding general election in the
state or such district or division. Signers of such nomi-
nation papers shall insert in them the names and addresses
of such persons as they desire, to the number of five, as
a committee, who may fill vacancies caused by death or
withdrawal. Such nomination papers shall contain a pro-
vision to the effect that each signer thereto thereby pledges
himself to support and vote for the candidate or candidates
whose nominations are therein requested. Each elector
signing a nomination paper shall add to his signature his
place of residence, and may subscribe to one nomination
for each ofiice to be filled, and no more. One of the
signers to each such separate paper shall swear that the
statements therein are true, to the best of his knowledge
and belief, and the certificate of such oath shall be annexed.

Section 2. Said original section seven of an act en-
titled "An act amendatory of and supplemental to an act
entitled 'an act to provide for the mode of conducting elec-
tions, to insure the secrecy of the ballot and prevent fraud
and intimidation at the polls, and to repeal certain statutes
therein named,' passed April 30, 1891," and amended and
supplemented April 18, 1892, be and the same is hereby
repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Setujie.
Passed April 8, 1898. 75G

[House Bill No. 185.]

AN ACT

To amend section 7002 of the Revised Statutes of Ohio (selling
fertilizer without printed analysis).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 7002 of the Revised Statutes offenses ajrainst.
of the state of Ohio be so amended as to read as follows: p"^'*^p°i»<^>'=

Sec, 7002. Whoever sells, exposes for sale, or offers umawfuisaie
for sale any commercial fertilizer without having complied fermSI?!^pllJ-
with the provisions of sections 4446a, 44466, and 4446c, of "^^y-
the Revised Statutes, shall be fined in any sum not ex-
ceeding two hundred dollars, or imprisoned not more than
thirty days, or both, and said fine or imprisonment, or
both, shall not be a bar to the recovery of the civil penalty
provided for by sections 4446/ and 4446^ of the Revised
Statutes.

Section 2. Said section 7002 of the Revised Statutes Repeals, etc
is hereby repealed, and this act is to take effect and be
in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tent, of the Senate.

Passed April 8, 1898. 76G

[House Bill No. 9.]

AN ACT

To provide for the refunding of taxes paid under the provisions of
an act entitled "An act to impose a direct inheritance tax,"
passed April 20, 1894.

Whereas, On the 20th day of April, 1894, the general
assembly of the state of Ohio, passed an act entitled "An
act to impose a direct inheritance tax," and

Whereas, Divers executors, administrators, trustees
and other persons charged with the payment of said direct
inheritance tax, paid into the county treasuries of the sev-
eral counties of the state of Ohio, the tax required to be
paid by said act; and '

Whereas, The supreme court of the state of Ohio,
on the 27th day of June, 1895, by its decision, declared
the said last named act unconstitutional; and

Whereas, On the 27th day of April, 1896, the general
assembly of the state of Ohio, passed an act entitled "An
act to provide for the refunding of taxes paid under the
provisions of an act entitled *an act to impose a direct in-
heritance tax/ passed April 20, 1894," and under the pro-

Preamble

Direct inheri-
tance tax :
Warrants in
favor of persons
'who have paid
tax.

•County auditor
to issue warrant
in favor of
persons who
iiave paid tax.

Previous re-
funders made
valid.

visions of the same, twenty-five per cent, of said direct
inheritance was refunded out of the county treasui*)' of
one or more of the several counties of the state of Ohio; and

Whereas, On the 8th day of June, 1897, the supreme
court of the state of Ohio, by its decision, declared the
said act providing for the refunding of said tax null and
void, inasmuch as said last named act failed to receive the
concurrent votes of two-thirds of the members elected to
each branch of the general assembly of the state of Ohio,
whereby expensive, tedious and vexatious litigation may
result; therefore

Section 1. Be it enacted by the General Assembly of
tlie State of Ohio, That the auditor of state be and ne is
hereby required to draw his warra«t on the state treas-
urer, in favor of any executor, administrator, or other per-
sons designated by said act imposing the said direct in-
heritance tax, who paid into tke county treasury of any
county of this state, said tax, for seventy-five per cent of
the amount paid by any such persons designated as afore-
.said. The same to be paid out of the general revenue
fund: provided, however, that the said auditor of state
shall not be required to draw his warrant to refund said
tax until he is satisfied by the certificate of the county
auditor of the county where said tax was paid, that the
person or persons applying to have said tax refunded,
have paid the same and in what capacity the same was
paid. There is hereby appropriated out of any money in
the state treasury not otherwise appropriated sufficient
money to carry out the provisions of section one of this act.

Section 2. That the county auditors of the several
counties in the state of Ohio, in which said tax has been
paid by any such persons designated as aforesaid, shall
on the application of any such person or persons so desig-
nated who have paid said tax, and being satisfied that the
same was paid, shall issue his warrant on the county
treasurer in favor of such applicants for twenty-five per
cent, of the tax so paid, unless such refunder has been
made. The same to be paid out of the county expense
fund.

Seci'ion 3. In each and every case where a refunder
of said tax has been made heretofore, the money so re-
funded shall be considered and treated in all respects as
if refunded under the provisions of this act and shall have
such effect and force in law.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed April 8, 1898. 77G

[Senate Bill No. 470.]
AN ACT

To appropriate one million dollars to defray the expenses of the
national guard, naval militia and volunteers of this state in
defense of the state, to repel invasion, suppress insurrections
and defend the state in war.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated ^P^iefenfe'Sf *
from any money that may be in the treasury, or that may the state,
come into the treasury, under the provisions of this act,
to the credit of the general revenue fund, not otherwise
appropriated, the following sums for the purposes herein
named:

For the purchase of equipments for the national guard,
naval militia and volunteers of the state to repel invasion,
suppress insurrections and defend the state in war, to be
expended under the authority and direction of the gover-
nor, and audited and paid upon accounts certified and
allowed by him, four hundred and fifty thousand dollars.

For carrying into effect any requisition of the presi-
dent of the United States, to be expended under the direc-
tion and authority of the governor, five hundred thousand
dollars.

For an extraordinary contingent fund the further sum
of fifty thousand dollars, to carry out the provisions of this
act, is hereby placed under the control of the governor.

Section 2. That for the purpose of paying the ap- commissioners
propriations in this act contained, the commissioners of authorliSS to°
the sinking fund be and they are hereby authorized and lom^tTppro^
empowered to borrow, on the faith and credit of the state, priations.
such .sum and sums of money, not exceeding in the aggre-
gate one million dollars, as may be ascertained by the
governor, and from time to time certified to them to be
necessary to meet the aforesaid expenditures.

Section 3. Whenever it shall become necessary to PubHc notice
borrow any sum of money under the authority of this act, ^y c*>™"»*»»°°-
ihe commissioners of the sinking fund shall take such
measures, and give such public notice, by advertisement
or otherwise, as in their judgment may be needful to en-
able them to obtain the same without unnecessary delay;
«nd for the money so borrowed, the commissioners shall commissioners
issue certificates to the proper parties, payable at the ufica\elo7"in-
treasury of the state at such time and [ch-] times as they debtcdncss.
may deem proper, but not longer than ten years from the
first day of May, 1898. The certificates so issued shall Rate of inter-
bear interest at a rate not exceeding four per centum per awi.^**^** ^^'
annum, payable semi-annually at such place as the sink-
ing fund commissioners may direct, on the first day of
July and the first day of January in each year, and the Money to be
money so borrowed shall immediately be paid into the freasIS5rV«r*
state treasury and placed to the credit of the general in^t«ctt^^bie
7

from sinking
fund.

Appropriation
for commission-
ers of sinking
fund.

Governor au-
thorized to in-
crease national
guard.

revenue fund, for the purposes of this act; and the cer-
tificates and interest thereon shall be paid, when due, out
of the sinking fund. To enable the commissioners of the
sinking fund to carry out the provisions of this act, the
sum of five thousand dollars is hereby appropriated for
that purpose out of any money in the state treasury to the
credit of the general revenue fund.

Section 4. The governor is hereby authorized in his
discretion, at the earliest possible moment, to cause the
national guard to be increased not to exceed ten thousand
effective men, in such branches of the service as he may
deem most expedient.

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

THADDEUS E, CROMLEY,

President pro tem. of the Senate.
Passed April 8, 1898. 78G

[House Bill No. 375.]

AN ACT

Officers of civil
townships:

Removal of in-
digent persons
to their own
counties ; costs.

Notice to for-
eign directors :
refusal or fail-
ure ; trustees
may collect
co&ts by civil
action.

To supplemeut section 149(>, Revised Statutes of Ohio, by the enact-
ineiit of suppletiiental section 149Ca.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following section be enacted
as supplemental to section 1496, Revised Statutes of Ohio:

Sec. 1406a. When, in any county in this state in
which there is no county infirmary, it has been ascertained
by the trustees of a township that any person in such
township has the legal settlement in some other county
of this state, they shall immediately notify the directors
of the infirmary of the county in w^iich such person has
a legal settlement to remove such person to the infirmary
of such county, and the directors of such infirmary shall
immediately, should the person's health permit, remove
such person to the infirmary of the county wiiere his or
her legal settlement is, and pay all expenses theretofore
incurred in the township in which such person is foimd,
for his relief; provided, a written notice be given to the
infirmary directors of such county within twenty days after
such legal settlement has been ascertained, and upon the
refusal or failure of such infirmary directors to so remove
such person, then the trustees of the township in which
said person is found, may furnish such person with the
i^ecessary relief and collect the amount thereof from the
directors of such infirmary by a civil action, to be begun
in the name of the trustees of such township, in the court

of common pleas of the county in which such infirmary
is situated.

Section 2.. This act shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed April 8, 1898. 79G

[Senate Bill No. 422.]

AN ACT

To amend section 2825 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2825 of the Revised Statutes Levying taxes:
of Ohio be so amended as to read as follows :

Sec. 2825. The county commissioners shall not levy Question of
any tax, or appropriate any money, for the purpose of JSprSvcS^nte
building public county buildings, purchasing sites therefor, gu^^^ffi^®****
or for lands for infirmary purposes, or for building any vSt™*proviso.
bridge, except in case of casualty, and except as herein-
after provided, the expenses of which will exceed ten thou-
sand dollars, without first submitting to the voters of the
county, the question as to the policy of building any public
county building or buildings, or for the purchasing sites
therefor, or for the purchase of lands for infirmary pur-
poses by ereneral tax, which said submission shall be made when question

X xi "^ ^ 1 .'-,,, ^. . r^ .1 • shall be sub-

at the annual spnng or fall election, next after the proposi- mitted.
ton for such levy is adopted by the commissioners and
placed on their record, or at a special election at a time
fixed thereafter by resolution of the county commissioners
for that purpose, upon the petition for such special election
filed with said board of commissioners of not less than five
hundred of the electors of any such county; each propo- Kach propo-
sition shall be separately submitted, and printed tickets mittSi^sepa-*"^'
shall be provided by the commissioners on which shall be lately.

printed, "For tax, yes," and "For tax, no,''

which blanks shall be filled with a proper designation of
the proposed improvement, as the notice may require; and
said commissioners shall cause the same notice for such
vote to be given as is required in the election for state
and county ofiicers. It shall be the duty of the judges of cutv of judges
election in the several townships and wards in any county ° ^ ^^ *°°'
in which such question may be submitted, as aforesaid,
on the day of said election, to open a poll for taking said
vote, and to receive and count the ballots cast on each
of such propositions, and within three days thereafter to
return to the auditor of the county a full and correct ab-
stract of said votes; and the said judges of election shall,
in all respects, be governed by the laws regulating general

uestion mav
submittea

100

elections, and shall be entitled to the same compensation
for returning said poll-books, which shall be paid out of
Canvass of vote, the county treasury on the order of the auditor; and the
poll-books so returned shall, within five days from the time
of holding such election, be opened, and the votes counted
by the commissioners and the auditor of the county, a cor-
rect statement of the result of which votes shall be kept
by said auditor on file in his office for public inspection.
If a majority of the votes so cast shall be against the policy
of such improvements, the commissioners shall not assess
any tax for. that purpose, but the commissioners may, on
the petition of not less than one hundred taxpayers of said
county again submit the same question at any regular
annual spring or fall election, under the same rules and
regulations as before provided. If at any such election
a majority shall be found in favor of the improvements as
aforesaid, then the commissioners shall be authorized to
proceed to levy the tax; provided, that this section shall
not apply to the construction of any public buildings or
bridges commenced or contracted for prior to the passage
of this title, or for which the commissioners have in good
faith purchased the grounds, or acquired the materials for
the same, and are now proceeding to construct; and pro-
vided further, that in case an important bridge belonging
to or maintained by any county, has become or may here-
after become dangerous to public travel by decay or other-
wise and shall have been condemned for public travel by
the proper and legal authorities, and the restoration thereof
is deemed by the commissioners of such county to be nec-
essary for the public accommodation, the commissioners
of any such county are hereby authorized to levy a tax
for the purpose of raising money for the restoration of such
bridge of any 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, and if the said commis-
sioners deem it necessary or advisable in any case, they
may anticipate the collection of such special tax by bor-
rowing any sum not exceeding the amount so levied at
any rate of interest not exceeding six per cent, per annum,
payable semi-annually, and may issue notes or bonds there-
for, payable when said tax shall be collected.

Repeals. SECTION 2. That scction 2825 of the Revised Statutes

be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

THADDEUS K CROMLEY,

President pro tern, of the Senate,
Passed April 12, 1898. 80G

agTAin on
petition.

Majority vote
necessary to
authorize levy.

Improvements
in course of con-
struction.

Restoration of
condemned
bridge: com-
missioners may
anticiiMite
coUection of
taxes ; issue of
bonds.

Municipality to
pay portion of
cost of improve-
ments.

101

[Senate Bill No. 138.]

AN ACT

To amend section 2273 of the Revised Statutes.

Section 1. Be it enacted by the General Assembly of
the State- of Ohio, That section 2273 of the Revised Statutes Assessments:
be and the same is amended so as to read as follows :

Sec 2273. In all cities except those of the third grade
of the first class and those of the first grade of the second
class, the corporation shall pay such part of the cost and
expense of each improvement as to the .council may seem
equitable and just, which part shall not be less than one-
fiftieth of all such costs and expenses, and the same shall
be certified by the corporation clerk to the county auditor
and levied on all taxable property in ttie corporation, and
collected as other taxes; provided, that any and all cer-
tifications to the auditor under this section of the one-
fiftieth or more, if ordered by the corporation authorities,
and also the certification for the crossings and intersec-
tions, as provided for in section 2274, shall be a part of
the maximum levy authorized under section 2689a of the
Revised Statutes; and provided further, when such certifi-
cation is made it shall be considered as money in the treas-
ury in compliance with section 2702.

Section 2. That section 2273 is hereby repealed, and Repeal*, etc.
this act shall take effect and be in force from and after its
passage.

HARRY C MASON,
• Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 12, 1898. 81G

Costs to con-
stitute part of
maximum levy.

[Senate Bill No. 58.]

AN ACT

To supplement section 3794 of the Revised Statutes, and relating to
£sales and conveyances made by trustees and other officers of
religious societies of real estate. G3 Ot.T' faj-^-.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3794 of the Revised Statutes Reiisrious and
be supplemented by a supplemental section with sectional °^^^^ ^^^^^^^^
numbering as follows:

Sec. 37946. Provided, however, that where the trus- TUie to certain
tees or other officers mentioned in section 3794 have here- ' ' '
tofore sold and conveyed by deed in fee simple or mort-
gaged any real estate therein mentioned, without proceed-
ing as required by such section, and the grantees thereof,
and their successors in line of title, have, for five years since

transfers of
real estate
guaranteed.

102

the date of such conveyance, held continued, exclusive,
notorious and adverse possession of such real estate so
conveyed, such sales, conveyances and mortgages shall be
of, and have the same validity and effect as if the same had
been made by proceedings instituted under said section
and duly confirmed by the court of common pleas.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the SetuUe.
Passed April 12, 1898. 82G

Municipal cor-
poratious:

Control of
village electric
light plant by
waterworks

trustees.

Authority to
sell light.

[Senate Bill No. 213.]

AN ACT

To amend an act entitled " An act conferring upon the council of
any incorporated village in the state of Ohio, owning and oper-
ating in connection with its waterworks, an electric light plant
for commercial or street lighting, br both, the power to place
the management, conduct, control and operation of said electric
light plant in the hands of waterworks trustees" (92 O. L.,page
382), and authorizing and empowering waterworks trustees in
certain cities and villages owning and operating electric light
plants to trafl&c in electric lights for commercial purposes.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That an act entitled "An act conferring
upon the council of any incorporated village in the state
of Ohio, owning and operating in connection with its
waterworks, an electric light plant for commercial or street
lighting, or both, the power to place the management, con-
duct, control and operation of said electric Hght plant in
the hands of waterworks trustees,*' (O. L., vol. 92, page
382), be amended so as to read as follows:

Sec. 1. That the council of any city of the second
class and fourth ^ade and any incorporated village in the
state of Ohio owning and operating an electric light plant
for commercial or street lighting in connection with water-
works may, by ordinance, place the care and control of
such electric light plant in the hands of the waterworks
trustees of such village; and the acts of such waterworks
trustees within the limits of the ordinance giving them such
control shall be binding upon all parties concerned. And
such waterworks trustees of such city or village shall have
the power, by ordinance of the council, to sell electric light
from such plant to any person or persons, company or
companies, and corporation or corporations doing business
in or situated within the corporate hmits of such cities or
villages.

103

Section 2. Said act passed April 27, 1896 (92 O. L., Repeau, etc.
page 382), is hereby repealed and this act shall take effect
and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Sefiate.
Passed April 12, 1898. 83G

[Senate Bill No. 243.]

AN ACT

To ameiid section 4 of an act entitled "An act to create the office of
dairy and food commissioner,*' as amended February 17, 1898.

Section. 1. Be it enacted by the General AssetnbJy of
the State of Ohio, That section 4 of an act entitled "An act
to create the office of dairy and food commissioner," as
amended February 17, 1898, be amended so as to read
as follows:

Sec 4. Said commissioner may appoint not to exceed
two assistant commissioners, whose salaries shall be one
thousand dollars per year, and necessary traveling expenses
incurred in the discharge of their official duties, to be paid
in like manner with the commissioner's and on itemized
vouchers approved by said commissioner; the said com-
missioner shall have power to employ such experts, chem-
ists, agents, inspectors and counsel as may by him be
deemed necessary for the proper enforcement of the laws,
their compensation to be fixed by the commissioner. All
charges, accounts and expenses authorized by this act shall
be paid out of the state treasury upon vouchers certified
by the commissioner, and upon warrant by the state
auditor. The entire expense of said commissioner shall
not exceed in one year the amount specifically appropri-
ated for such purposes. All vacancies in the office of the
food and dairy commissioner shall be filled by appointment
of the governor until the next general election, then the
same shall be filled as in the original election. All fines,
fees and costs assessed and collected under prosecutions
begun, or caused to be begun, by the commissioner, and
all fines, fees and costs heretofore assessed and collected
under prosecution begun or caused to be begun by the
commissioners, shall be paid by the court to the commis-
sioner, and by him paid into the state treasury and be cred-
ited to the general revenue fund of the state. The center
room on the north side of the southwest corridor in the
Capitol building, now occupied by the dairy and food com-
missioner, is set apart for his use, wherein shall be kept
his books, records, and other property of the office. He
shall keep a seal with which to attest official acts and docu-

Dair>' and food
commissioner :

Assistant com-
missioners.

Experts, chem-
ists, ag^ents, in-
spectors and
counsel.

PajTnent of ex-
penses, etc. ;
limitation.

Vacancy in
office of cora-
ntissioner.

Disposition of
fines, fees and
costs.

Office, seal,
stationery and
supplies.

104

ments, and shall be entitled to stationery and supplies from
Annual report, the Secretary of state as are other state officers. The com-
missioner shall make an annual report to the governor
on or before the fifteenth day of November of each year,
containing itemized statements of all receipts and disburse-
ments, attorney fees in each specified suit brought in this
department, and all persons employed by him, together
with such statistics and other matter as he may regard of
value ; said reports to be published as are the other reports
of the other state officers.
Repeals, etc. SECTION 2. That scction 4 of "An act to create the

office of food and dairy commissioner," as amended Feb-
ruary 17, 1898, is hereby repealed, and this act shall take
eflfect and be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Passed April 12, 1898. 84G

Justices of the
peace:

Exceptions to
decisions; must
be made at
time of render-
ing; objector
entitled to time
for reducing
same to writing.

Signing, filing
and transmittal
of bill of excep-
tions to clerk of
courts.

Repeals, etc.

[Senate Bill No. 117.]

AN ACT

To amend section 6565 as amended April 27, 1893 (O. L., vol. 90,.

page 358).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6565 be amended so as to
read as follows:

Sec. 6565. In all cases before a justice of the peace,
whether tried by jury or by the justice, either party shall
have the right to except to the decisions of the justice upon
any matters of law arising in the case. The party object-
ing to the decision must except at the time the decision
is made, and if requested by the party objecting, time shall
be given to reduce the exceptions to writing, but not more
than ten days, nor less than five beyond the date, or over-
ruling of the motion for a new trial, or from the date on
which the decision of the justice is rendered. The trial
justice or his successor shall within the time herein limited,
if the bill of exceptions be correct, sign said bill of excep-
tions and file the same with the papers in the case, and
note such signing and file in his docket and transmit the
same with the transcript of his docket and original papers
within ten days of the date of signing, to the clerk of the
court of common pleas and by him filed and entered upon
his trial docket as in other cases. The party demanding
such transcript shall, if required, pay the fees therefor in
advance to the justice.

Section 2. Said section 6565, as amended April 27,
1893 (O. L., vol. 90, page 358), is hereby repealed, and

105

this act shall take effect and be in force from and after
its passage.

HARRY C MASON.
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 12, 1898. 85G

[Senate Bill No. 111. J

AN ACT

To amend sections 6o6, 657 and 0o8 of the Revised Statutes oi Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 65€, 657 and 658 of the g?f [f^j^^ .'^*^^
Revised Statutes of Ohio be so amended .as to read as
follows :

Sec. 656. That the board of state charities shall be office ; meei-
provided with a suitable room in the state house. Regular towcVI and *
meetings of the board shall be held quarterly, or oftener a"^»^*«-
if required. They may make such rules and orders for the
regulation of their own proceedings as they may deem nec-
essary. They shall investigate the whole system of public
charities and correctional institutions of the state, examine
into the condition and management thereof, especially of
municipal and state prisons and reformatories, workhouses,
jails, infirmaries, children's homes and state institutions,
and the officers in charge of all such institutions and those
who are in any way responsible for the administration of
public funds used for the relief or maintenance of the poor,
shall furnish to the board or its secretary such information
and statistics as they may require; and, to secure accuracy,
uniformity and completeness in such statistics, the board
may prescribe such forms of report and registration as they
may deem necessary. All plans for new jails, workhouses,
children's homes, infirmaries, state institutions and munic-
ipal lockups or prisons, and for important additions to or
alterations in such existing institutions shall, before their
adoption by the proper officials, be submitted to the board
for criticism and approval. The governor, in his discre- Governor may
tion, may, at any time, order an investigation by the board, Jfon Vy^'w^*'
or by a committee of its members, of the management of
any penal, reformatory or charitable institution of the state,
and said board or committee, in making any such investi-
gation, shall have power to send for persons and papers,
and to administer oaths and affirmations; and the report
of such investigation, with the testimony, shall be made
to the governor, and shall be submitted by him, with his
suggestions, to the general assembly.

Sec. 657. That the said board may appoint a secre- Appointment of
tar}% who shall receive for his services, in addition to his Lury.*"
traveling expenses, such salary as may be agreed upon by

106

the board, not to exceed twelve hundred dollars per annum.
All accounts and expenditures shall be certified as may be
• provided by the board, and shall be paid by the treasurer

^ upon an order from the auditor of state.

I Annual report Sec. 658. The board of state charities shall annually

^ ^^^ ' prepare and print, for the use of the legislature, a full and

complete report of all their doings during the preceding
year, stating fully and in detail all expenses incurred, all
officers and agents employed, with a report of the secre-
tary, embracing all the respective proceedings and expenses
during the year, and showing the actual condition of all
the institutions under their control, with such suggestions
as they may deem necessary and pertinent.
Repeals, etc. SECTION 2. Said Original sections 656, 657 and 658

of the Revised Statutes are hereby repealed and this act
shall take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES.

Fresidait of the Sefwtc.
Passed April 12, 1898. 86G

[Senate Bill No. 74.]

AN ACT

To amend and supplement section 6960 of the Revised Statutes of
Ohio, as amended March 25, 1806 (O. L., vol. 92, page 80); to
amend section 6961 of the Revised Statutes of Ohio, as amended
January 20, 18i)8; to amend section 6964 of the Revised Statutes
of Ohio, as amended April 1, 1896 (O. L., vol. 92, page 115); to
repeal sections 1 and 2 of an act passed April 1, 18% (O. L., vol.
92, page 114), entitled "An act to amend an act passed May 9,
1894, entitled *an act to prohibit the unlawful killing and trans-
portation of quail.' "

Section 1. Be it enacted by the General Assembly of

Offenses against thc State of Ohio, That Section 6960 of the Revised Statutes

public policy: ^f Qhio, as amended March 25, 1896; that section 6961 of

the Revised Statutes of Ohio, as amended January 20, 1898,

and that section 6964 of the Revised Statutes of Ohio, as

amended April 1, 1896, be and said sections are hereby

amended and said section 6960 supplemented so as to read

as follows:

Catching, kill- Sec. 6960. No person shall, at any time, kill or injure,

p"u^kuilig"or^' ^r pursue with such intent, any sparrow, nuthatch, warbler,

destroyine eggs flicker, viroc, wrcu, robiu, catbird, tanager, bobolink, blue-

ui'n^blrc?s;"en- jay, oHolc, gjosbcak or redbird, creeper, redstart, waxwing,

^^^^' woodpecker, humming bird, bunting, starling, redwing,

purple martin, brown thrasher, American goldfinch, chewink

or ground robin, pewee or phoebe bird, chickadee, fly

catcher, gnat catcher, mouse hawk, whippoorwill, snowbird,

titmouse or eagle. No person shall, at any time, destroy

107

the eggs or nest of any of the birds named in this section.
Any person violating any of the provisions of this act shall
be guilty of a misdemeanor, and on conviction thereof, shall
be fined as provided in section 6968; provided further, that ^JdAnSSSn'
nothing in this act shall prohibit the killing of the house ??bin."*^"*^*°
or English sparrow at any time, by anybody, or prohibit
the killing of the American robin and bluejay, by the owner
or tenant of any premises where such birds are found de-
stroying berries or fruit growing on such premises. *

Sec. 6960a. The provisions in section 6960 of this act bfrdS'nMta^SSd
sbaU not apply to any person holding a permit giving the em 'for scicn-
right to take birds or their nests and eggs for scientific pur- how obtEnS;
poses, as herein provided. Permits may be granted by the ^««-
president of the fish and game commission to any properly
accredited person, permitting the holder thereof to collect
birds, their nests and eggs for strictly scientific purposes.
In order to obtain such permit the applicant for the same .
must present to said president of the fish and game com-
mission written testimonials from two well-known scientific
men or teachers of science, certifying to the good character
and fitness of said applicant to be entrusted with such privi-
lege, and pay to said president one dollar to defray the nec-
essary expense attending the granting of such permit, and
must file with said president a properly executed bond in
the sum of one hundred dollars, signed by at least two re-
sponsible citizens of the state as sureties. The bond shall
be forfeited to the state and the permit become void upon
proof that the holder of such permit has killed any bird or
taken the nests or eggs of any bird for any other than that
named in this section, and shall further be subject for each
offense to the penalties provided in this act. The permits Permit in force
authorized by this act shall be in force for two years from non-transfer**
the date of their issue and shall not be transferable. ***'^*-

Sec. 6961. No person shall, on any place, catch, kill fa^^^ful^eatching,
or injure, or pursue with such intent, any quail, except be- killing, injur;
ti*'een the tenth day of November and the fifteenth day of of\amrdl"'°*^
December, inclusive; or any dove, woodcock or squirrel, or^^Scitf hunV
except between the fourth day of July and the fifteenth day ing, shooting.
of December, inclusive; or any ruiied grouse, or pheasant ^^*pp*°*^' *^ ^*
or prairie chicken, except between the first day of September
and fifteenth day of December, inclusive; or any rail, snipe,
kildeer or plover, except between the first day of September
and the fifteenth day of May, inclusive; or any coot or mud
hen, or wild duck, except between the first day of September
and the fifteenth day of April, inclusive. No person shall,
at any time, catch, kill or injure, or pursue, with such intent,
any wild duck or wild goose, by the aid or use of any swivel
or punt gun, or any other gun but a common shoulder gun;
or with the aid of, or from any sink boat or battery, or by
the use or aid of any steamboat, naphtha launch, electric
launch, sail boat, steam launch or any kind of boat what-
soever, except a common row boat propelled by oars. No

108

Injurious
squirrel.

Penalty for un-
lawful purchase,
sale, exposure
or possession of
certain birds or
game.

Unlawful kill-
ing, selling or
transportation
of game ; pen-
alty.

person shall, at any time, catch, kill or injure or pursue with
such intent, any of the birds, game or animals mentioned
in this act, with or by the use of any trap, net or snare, or
destroy any of the eggs or nests of any of the birds named
in this section. No person shall kill any wild duck on
Sunday or Monday of any week, on any of the reservoirs
belonging to the state of Ohio, or upon the waters of Lake
Erie and the estuaries and bays thereof, or on the rivers,
creeks, ponds, or other waters or bodies of water in this
state. No person shall hunt, shoot or trap, or have in pos-
session in the open air for such purpose, any of the imple-
ments for the hunting, shooting or trapping of the same,
on th« first day of the week, commonly called Sunday. No
person shall shoot at or kill, any wild duck before five
o'clock in the forenoon, or after six o'clock in the afternoon
of any day upon which it shall be lawful to kill the same.
Any person violating any of the provisions of this act, shall
be guilty of a misdemeanor, and on conviction thereof, shall
be fined as provided in section 6968. Provided, that noth-
ing herein shall be construed so as to prohibit the killing
of squirrels by the owner or tenant of any premises where
such animals may be found injuring g^in, fruit trees, shrub-
bery or vegetables.

Sec. 6964. Whoever has in his possession, any quail
or wild turkey, except between the tenth day of November
and the fifteenth day of December, inclusive ; or any wood-
cock or squirrel, except between the fourth day of July and
the fifteenth day of December, inclusive; or any ruffed
grouse, or pheasant, or prairie chicken, except between the
first day of September and the fifteenth day of December,
inclusive; or whoever purchases, sells or exposes for sale,
or has in his possession, any dove, except between the fourth
day of July and the fifteenth day of December, inclusive;
or any snipe, rail, killdeer or plover, except between the
first day of September and the fifteenth day of May, inclu-
sive ; or any coot or mud hen, or wild duck, except between
the first day of September and the fifteenth day of April,
inclusive ; or any Mongolian pheasant, English or ring neck
pheasaxit, before the tenth day of November, 1903, or after
that date, except between the tenth day of November and
the fifteenth day of December, inclusive ; or any of the song
or insectivorous birds mentioned in section 6960; or who-
ever shall at any time, catch or kill, any quail, wild turkey,
ruffed grouse or pheasant, prairie chicken, woodcock, squir-
rel, Mongolian pheasant, or English or ring neck pheasant,
for the purpose of conveying the same beyond the limits of
this state, or for sale in the markets of this state, or shall
transport or have in possession with intent to procure the
transportation beyond the limits of this state, or for sale in
the markets of this state, any quail, Avild turkey, ruffed
grouse or pheasant, prairie chicken, woodcock, squirrel,
Mongolian pheasant, or English or ring neck pheasant,,
killed within this state, shall be fined as provided in section

109

6968, And in addition thereto, shall be liable to a penalty
of twenty-five dollars for each bird trapped or possessed
contrary to the provisions of this act. The reception by any Evidence,
person within this state of any such birds, game or animals,
for shipment to a point without the state, shall be prima
facie evidence that such birds, game or animals, were killed
within this state for the purpose of conveying the same be-
yond its limits; provided, that the provisions of this act shall ^^^^°^
not be construed as applicable to any common carrier into
whose possession any of the birds, game or animals herein
mentioned, shall come in the regular course of their business
for transportation, while they are in transit through this
state from any place without this state, where the killing
of such birds, game or animals shall be lawful, but nothing
in the provisions of this act shall prevent any one having
in his possession wild deer during the time when the killing
thereof is made penal. Any game warden or deputy game '^am^^wi^den
warden in this state shall have authority and right, at any or deputy to
time, to open packages, boxes, crates or other receptacles, ?SS"afningbiT^8
containing the birds, game or animals prohibited by this or game-
act from being transported without the limits of this state,
delivered to a common carrier for transportation out of the
state, and shall take and confiscate such birds, game or
animals, about to be transported out of the state, and de-
liver them to some hospital, infirmary or charifable insti-
tution.

Section 2. Section 6960 of the Revised Statutes, as Repeals, etc.
amended March 25, 1896, section 6961, as amended January
20, 1898, section 6964 of the Revised Statutes, as amended
April 1, 1896, and sections 1 and 2 of an act passed April 1,
1S96 (O. L., vol. 92, page 114), are hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 12, 1898. 87G

[Senate Bill No. 226.]

AN ACT

To authorize the board of trustees of the Ohio university to refund
certain certificates of indebtedness heretofore issued.

Section 1. Be it enacted by the General Assembly of

the State of Ohio, That the board of trustees of the Ohio Trustees ohio

imiyersity is hereby authorized to issue from time to time, authorfil^ to

certificates of indebtedness to an amount not exceeding in jf/^ndStcdtTcsV

the aggregate fifteen thousand dollars, in anticipation of the ° *" * * °^*®'
annual levies authorized by section 3951 of the revised

110

How certificates
to be executed;
rate of interest ;
when payable,
etc.

Statutes of Ohio, as amended March 20, 1891 (O. L. 88,
page 159), and as further amended February 26, 1896 (0.
L. 92, page 40), provided that the whole amount of said cer-
tificates of indebtedness shall be paid by said board of trus-
tees out of the proceeds of such levies on or before Decem-
ber 31, 1905; and, provided further, that not less than five
thousand dollars, in the year 1904, and ten thousand dollars,
in the year 1905, shall be set apart, of such annual levy, for
the redemption of the certificates of indebtedness herein
authorized.

Section 2. The certificates herein authorized shall be
signed by the president and secretary of said board of trus-
tees, and sealed with the seal of said university, shall bear
such rate of interest, not exceeding six per cent per annum,
payable semi-armually, as said board of trustees shall de-
termine, and shall be payable by said board of trustees out
of the revenue to arise under an act entitled "An act to
supplement section 3951 of the revised statutes of Ohio, as
amended March 20, 1891" (O. L. 88, page 159), passed
February 26, 1896 (O. L. 92, page 40), and the moneys
arising from the issue of said certificates shall be applied
exclusively to the redemption of the certificates of indebt-
edness heretofore issued by said board of trustees, and ma-
turing, five thousand dollars thereof September 1, 1898, and
ten thousand dollars thereof September 1, 1899. Said cer-
tificates of indebtedness shall be sold by said board of tnis-
tees, at not less than their par value, to the highest bidder
after thirty days' notice of the sale has been given in not
less than one newspaper published and of general circula-
tion in each of the cities of Cincinnati, Cleveland and Co-
lumbus.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 12, 1898. 88G

Slate l)oard of
agriculture
authorized to
issue bonds for
fair ground im-
provements.

[Senate BiU No. 297.]

AN ACT

To authorize the Ohio state board of agriculture to issue bonds for
the purpose of acquiring additional land for fair grounds and
to improve fair grounds and buildings.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the Ohio state board of agriculture
be and is hereby authorized to issue bonds, not to exceed
eighty thousand dollars (t80,000), for the purpose of secur-
ing money with which to purchase additional land for state

Ill

fair purposes, erect new buildings and improve the state
fair grounds and Wildings; and secure the payment of the
same by a mortgage of its real estate, with the improvements
tliereon.

Section 2. Said bonds may be issued at such time or
times as the state board of agriculture may determine, of
the denomination of one hundred dollars (JlOO) each, with
interest not to exceed five per centum per annum, payable
semi-annually; and said bonds shall be paid, not less than
five thousand dollars (t5,000) or more than ten thousand
dollars (f 10,000), on September 1, 1902, and not less than
five thousand dollars (f 5,000) or more than ten thousan4
dollars (f 10,000), annually thereafter until all bonds are paid

Section 3. The moneys arising from the sale of these
bonds shall be used only for the purposes named in section
one of this act.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 12, 1898. 89G

When issue to
be made j de-
nomination ;
interest; when.
payable.

[House Bill No. 184.]

AN ACT

To amend sections 4446/" and A\Ai\g of the Revised Statutes of Ohio
(being part of an act entitled "An act to regulate the manufac-
ture and sale of commercial fertilizers," passed March IG, 1881,
and amended April 27, 1893, and April 17, 1894).

Section 1. Be it enacted by the General Assembh of
the State of Ohio, That section^ 4446/^ and 4446^ of the Re- Agriculture
vised Statutes of Ohio be so amended as to read as follows:

Sec 4446/^. Any person or party who shall offer or
expose for sale, or sell, any commercial fertilizer without
complying- with the provisions of sections 4446a, 4446& and
4446f of the Revised Statutes, or shall permit an analysis to
be attached to any package of such, fertilizer, stating that it
contains a larger percentage of any one or more of the con-
stituents named in said section 4446a than it really does con-
tain, shall be subject to a penalty of not less than two hun-
dred dollars for the first offense, and not less than five hun-
dred dollars for every subsequent offense, to be recovered
in a civil action, and the offender, in all cases, shall also be
liable for damages sustained by the purchasers of such fer-
tilizers; provided, however, that a deficiency of one per cent,
of the nitrogen, potash of phosphoric acid claimed to be
contained, shall not be considered as evidence of fraudulent
intent

Penalty for ex-
posingr for sale
or selliiifiT com-
mercial ferti-
lizer unlaw-
fully.

112

Where suit to
recover pen-
alties may be
brought.

Repeals, etc.

Sec. 4446^. Suit may be brought for the recovery of
penalties under the provisions of this act in the court of com-
mon pleas of the county where the fertilizer was offered for
sale, or sold, or where it was manufactured, and all penalties
so recovered, shall be paid into the state treasury to the
credit of the general revenue fund.

Section 2. Said sections 4446/ and 4446^ of the Re-
vised Statutes are hereby repealed, and this act shall take
effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 90G

Care of poor :

Defense of town-
ship trustees in
action for non-
support of
pauper.

Evidence.

[House Bill No. 874.]

AN ACT

To supplement section 1492 of the Revised Statutes of Ohio with
sectional number 1492<z.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1492 of the Revised Statutes
of Ohio be and the same is hereby supplemented with sec-
tion number 1492a

Sec. 1402a. It shall be a sufficient defense for the trus-
tees of any township in this state, in any action brought to
compel the support or relief of any pauper within such town-
ship, or in any action based upon the refusal of such town-
ship trustees to afford support or relief to any person within
such township, to show that such person has, during the
period necessary to obtain a legal settlement in such town-
ship been supported in whole or in part by others with the
intention to thereby make such person [a] charge upon such
township; and the fact that such person has during the
period necessary to obtain a legal settlement in such town-
ship been supported in whole or in part by others shall be
prima facie evidence of such intention.

Section 2. This act shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 91G

113

[House Bill No. 87]

AN ACT

To amend section 2573^ of Bates' Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Oitio, That section 2573ft of the Revised Statutes
of Ohio, be amended so as to read as follows:

Sec. 25736. The said inspector shall have entry into
all such shops and factories, including all public institutions
o{ the state which have shops and factories, or either, at any
reasonable time, and it shall be unlawful for the proprietors,
agents or servants in such factories, or shops to prevent, at
reasonable hours, his entry into such shops and factories for
the purpose of such inspection. And proof of the failure
of the proprietor of any shop or factory to make the altera-
tions or furnish the safeguards ordered by the inspector,
within the time required by law, shall be deemed prima facie
evidence of negligence and shall render such proprietor
liable for any injury sustained by reason of such failure to
nake such alterations or furnish such safeguards.

Section 2. That said section 2573fe be and the same
is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 92G

Shops and
factories :

Inspector to
have free access
to shops and
factories.

Proof of failure
to comply with
order ; liability
of proprietor.

Repeals.

[House Bill No. 4o3.]

AN ACT

To amend and supplement section 1683 of the Revised Statutes
of Ohio as enacted April 18, 1870 (O. h., vol. 67, page 71).

Section 1. Be it enacted by the General Assembly of
the Staie of Ohio, That section 1683 of the Revised Statutes council and
of Ohio as enacted April 18, 1870 (O. L., vol. 67, page 71), «^'>^'"»^"^
be and the same is hereby amended and supplemented as
follows:

Sec. 1683. Except in cities of the second grade of the compensation
second class, no member of the council or board of alder- ^ "*'^"' ^*^^'''
men shall receive any compensation for his services, either
as coundhnan, alderman, committeeman or otherwise, ex-
cept when acting as judge of election, when he shall receive
Juch compensation as is provided by law for a judge of
election.

114

Compensation
in Dayton.

Repeals.

Sec. 1683a. That in cities of the second g^de of the
second class, each member of the city counx:iI shall receive
from the treasury of the city five (t5.00) dollars for each
meeting of council which he attends, for not to exceed
twenty-six (26) meetings in any one year; provided, however,
that at each meeting of council the roll shall be called at
the opening of the meeting, and again immediately pre-
ceding the adjournment of the meeting, and no member
shall receive pay for a meeting unless he answers to both
roll-calls.

Section 2. That said original section 1683 be and the
same is hereby repealed.

Section 3. That this act shall take effect and be in
force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 93G

Penalty for
abandonment)
of destitute, in-
firm or ag'ed
parent.

[House Bin No. 261.]

AN ACT

To prevent the abandonment of parents by children.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That any adult person, a resident of this
state, having a parent within this state, said parent being
destitute of means of subsistence and unable either by reason
of old age, infirmity or illness to support himself or herself,
who is possessed of, or able to earn, means sufficient to pro-
vide such parent with necessary shelter, food, care and
clothing, and neglects or refuses so to do, shall, upK>n con-
viction, be deemed guilty of a misdemeanor and pimished
by imprisonment in jail or in a workhouse, at hard labor.
for not more than one year nor less than three months;
provided, however, if, after such conviction and before
sentence, such person shall appear before the court in which
such conviction shall have taken place and enter into bond,
with good and sufficient surety to be approved by said court,
to the state of Ohio in the penal sum of ^1,000, con-
ditioned that he will furnish such parent with necessary and
proper shelter, food, care and clothing, the said court shall
suspend sentence therein.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 13, 1898. 94G

115

[House Bill No. 194.]

AN ACT

To amend section 4073 of the Revised Statutes, as amended April

6, 1896.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4073 of the Revised Statutes Public »chooU:
oi Ohio be amended to read as follows :

Sec. 4073. The board may grant certificates for one, Granting and
two and three years from the day of examination, which tcacheri^'ccrtifi-
shall be valid in the county wherein they are issued, except *^*^^*-
in city and village districts that have boards of examiners,
in which they shall not be valid; that in all school districts
in the state of Oho not having a special board of examiners
and situated in tw^o or more counties, teachers' certificates
obtained from either county so situated shall be held valid in
such districts ; and the examiners may g^ant certificates for
five years to such applicants as in addition to the necessary
qualifications have been for three years next preceding their
application engaged in teaching, twelve months of which
experience shall have been in one place; and such certificates
for five years shall be renewable upon the same condition,
but without examination, at the discretion of the examining
board; and the examiners may grant certificates for eight
years from the date of examination, to such applicants as,
in addition to the necessary qualifications, hold or have held
a certificate for five years, and have been for three years next
preceding their application engaged in teaching, eighteen
months of which experience shall have been in one place;
and the applicants for such certificates for eight years, in
addition to the other qualifications, shall be required to
pass a satisfactory examination in botany, algebra, natural
philosophy and English literature; and such certificate for
eight years shall be renewable upon the same conditions,
but without examination, at the discretion of the examining
board; and if at any time the recipient of a certificate be
found intemperate, immoral, incompetent, or negligent, the
examiners, or any two of them, may revoke the certificate;
but such revocation shall not prevent a teacher from re-
ceiving pay for services previously rendered; and when any investigation of
recipient of a certificate is charged with intemperance, or ?each?r.**^*^°*^
other immorality, the examining board shall have power
to send for witnesses and examine them on oath or affirma-
tion touchii^ the matter under investigation. The fees and Expenses,
other expenses of such trial shall be certified to the county
auditor by the clerk and president of the examining board,
and be paid out of the county treasury upon the order of
the auditon

116

Repeals, eic. SECTION 2. Said section 4073, as amended April 6,

1896, is hereby repealed, and this act shall take effect and be
in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 95G

Xfarrant in
favor of John
J.Clark.

[House Bin No. 245.]
AN ACT

For the relief of the family of Robt. V. Clark, late private of com-
pany L, eighth regiment of infantry, Ohio national guard.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of the state of Ohio be
and is hereby authorized and required to issue his warrant
on the state treasurer to pay to John J. Qark, father of
Robert V. Clark, late private of company L, eighth regiment
infantry, Ohio national guard, and now living at Canton,
Stark county, Ohio, the sum of two hundred and five (?205)
dollars, which sirni shall be in full liquidation and payment
to the family of said Robert V. Clark, who died from disease
contracted by him in the line of his duty as a member of
the Ohio national guard while aiding in suppressing dis-
turbances near Wheeling creek in 1894.

Section 2. This act will take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 96G

Compensation
for securing
drift timber.

[House Bill No. 433.]

AN ACT

[To amend] an act entitled "An act to amend section 6 of an act
passed April 19, 1883 (80 O. L., 106), entitled * An act for the
more effective protection of persons dealing in timber'."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That every person who shall take up and
secure any saw-logs or trees prepared for the purpose o\
sale, or any cross or railroad ties, boards, planks, staves,
heading, or other timber prepared for market of another,
found adrift in the Ohio river and the rivers and creeks
within the state of Ohio, whether the same have thereon any
such trade-mark or not, shall be entitled to receive from the

owner thereof a compensation for so much thereof as he
[shall] deliver to such owner, as follows: For each saw-log
or other log or tree prepared for sale fifty cents each. For
each cross or railroad tie if caught in rafts one cent per tie^
not exceeding one thousand ties, and one-half cent per tie
for all exceeding one thousand ties. For each single cross
or railroad tie, six cents. For boards or planks, if caught
in rafts or large bodies, fifty cents per thousand feet, board
measure, ior twenty thousand feet, or a less quantity; and
over twenty thousand feet, twenty-five cents per thousand
feet, board measure; but if the same be not in rafts, but loose
and scattered, two dollars and 'fifty cents per thousand feet,
board measure; and for staves and heading, three dollars
per thousand for all such as are marketable, to be paid by
the owner thereof, if required, before the delivery of the
same to him. If the owner of any such logs, trees, ties, ownertopay
boards, planks, staves, or headings, fail to pay the sums so fees; sale of
chargeable thereon within sixty days from the day they are JISJs oFUSeT
so taken up, they may be s<dd at the instance of the person ^"""^ duposed of.
to whom such charges are due, by a constable or the sheriff
of the county, at public auction to the highest bidder, upon
thirty days' notice posted on the front door of the court
house of the county in which the sale is to be made, and at
the place of sale thereof, the officer making said sale shall,
from proceeds thereof, pay to the person who took up said
k^s, trees, ties, boards, plank, staves, or headings, the sum
to which he is entitled therefor as aforesaid, and retain the
balance, after deducting his commission, which shall be the
same as upon sales under execution, for the use of the own-
ers, but if no person shall appear and establish his right to
such proceeds within one year after such sale, he shall place
the same to the credit of the distributable school fund of
his county, and report the amount thereof to the county
auditor. Original section 6 of this act is hereby repealed. »epeai».

Section 2. This act shall be in full force and effect
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

Passed April 13, 1898.

ASAHEL W. JONES,

President of the Senate,
97G

[House Bill No. 474.]

AN ACT

To amend section 3137 of the Revised Statutes of Ohio.

Section 1. Be ii enacted by the General Assembly of
tte State of Ohio, That section 3137 of the Revised Statutes infants :
of Ohio be amended so as to read as follows :

118

How a child
may he adopted.

Inmate of or-
phan asylum
or children's
home.

Repeals, etc.

Sec. 3137. An inhabitant of this state not married, or
a husband and wife jointly, may petition the probate court of
their proper county for leave to adopt a minor child not
theirs by birth, and for a change of the name of such child;
but a written consent must be given to such adoption by the
child, if of the age of fourteen years, and by each of his or
her living parents who is not hopelessly insane, intemperate,
or has not abandoned such child, or if there are no such
parertts, or if the parents are unknown, or have abandoned
such child, or it they are hopelessly insane or intemperate,
then by the legal guardian, or if there is no such guardian,
then by a discreet and suitable person appointed by the coun
to act in the proceedings as the next friend of such child;
but when such child is an inmate of an orphan asylum, or
children's home, organized under the laws of this state, and
has been previously abandoned by its parents or guardians,
or voluntarily surrendered by its parents or guardians to
the trustees or directors of such asylum, or children's home,
then the written consent of the president of the board of
trustees or directors of such asylum, or children's home,
shall be received by the probate court in the place of the con-
sent of the parents or guardians.

Section 2. That said original section 3137 is hereby
repealed, and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Settatc.
Passed April 13, 1898. 98G

[House Bill No. 703.]

AN ACT

Appropriations
for Massillon
state hospital
and Ohio re-
formatory.

Making appropriations for the Massillon state hospital and Ohio

reformatory.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropnated
out of any moneys in the state treasury to the credit of the
general revenue fund not otherwise appropriated, to pay
liabilities for construction purposes of Massillon state hos-
pital, authorized by an act of the general assembly, passed
April 24, 1896 (O. L. 92, page 305), the sum of fifty thou-
sand (f50,000) dollars, and for procurement of right of
way for railroad switch to the property of said hospital,
the sum of six thousand (|6,000) dollars. For construct-
ing Ohio reformatory, twenty-five thousand (|25,OO0) dol-
lars.

119

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 99G

[House Bill No. 127.]

AN ACT

To provide for the condemnation of, or purchase .of real estate, and
erection of a state building in order to provide for suitable
offices and rooms for the use of the state, the officers and
departments thereof, and to repeal a certain act therein namod.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there is hereby constituted a board state buiidingr
to be known as the state building commission, to be com- how constituted,
posed of the governor and attorney-general, ex officio, and
three citizens of the state, to be appointed by the governor
within thirty days after the passage of this act, which com-
mission shall have authority to select and acquire a site
suitable for the erection of a state building, which shall
be of sufficient dimensions to furnish accomodations for
the various departments of the state government now lack-
ing room or not provided with room in the state capitoL
Such departments and offices to be provided for may be
determined upon by the above commission.

Section 2. Said commission is hereby vested with JJ^JJ*^^"^^
full authority to select a site for such building, and to nSslSon. ^^'
acquire title thereto, in the name of the state of Ohio, and
it may acquire the same by purchase, or, being unable to
agree with the owner or owners as to price to be paid for
such property, said commission may direct the attorney-
general to institute proceedings for the appropriation of
such property in the name of the state, and such proceed-
ings shall be had in accordance with the general provis-
ions of the statutes relating to the condemnation of prop-
erty for public uses. Provided, that said commission may,
in its discretion, acquire a portion of said property by pur-
chase and a portion by appropriation as aforesaid. Pro-
vided, further, that if said commission is of the opinion
that the amount awarded in such condemnation proceed-
ings is excessive, it may refuse to pay the same, and may
proceed to select a different site; and provided, further,
that if such commission should be unable to acquire such
site at a price deemed by it reasonable and proper, it is
hereby vested with power and authority to erect the build-
ing, hereinafter provided for, upon the state house grounds
at such distance from the state house and on the east side

Flam Rnd speci-
Gcfltions for
buildings; em-
ploy men t of
■rcnitcct.

Commission to
have general
control of con-
tracting and con-
struction : em-
ployment of
superintendent
and assistants.

Limit of time
within which
building to be
completed.

Organization of
commission ;
employment of
clerk and his
duties ; compen-
sation of mem-
bers, officers,
superintendent,
architect and
assistants.

120

thereof, entirely detached therefrom, as it may deem ad-
visable.

Section 8. Forthwith upon the acquisition of the
title to such site or the location of said building upon the
state house grounds, said commission shall publicly request
the presentation, within a reasonable time thereafter, to be
designated in such request, of competitive plans and speci-
fications with accompanying estimates for such building
or alternate designs as said commission may determine up-
on. And said commission shall thereupon select from the
plans presented the plan by them deemed the most suitable
and appropriate, and which shall comply with the terms oi
this act, and shall employ either the architect whose plan is
selected, or some other competent architect, to furnish
specifications and complete working plans for said build-
ing. And said commission mav, in requesting the presen-
tation of such plans, offer a prize or prizes, not to exceed
five in number, for the most suitable plans presented, to
be by said commission awarded, and said commission is
authorized to expend not more than fl,000 for such
purpose.

Section 4. Upon the completion of such specifica-
tions and working plans said commission shall have gen-
eral charge and control of the contracting, construction and
erection of said building, but to be governed and con-
trolled by chapter 1, title 6, of the Revised Statutes of Ohio,
relating to public buildings, so far as applicable. Said
commission shall exercise general control and super\^ision
of the erection of said building, and shall have power to
employ a competent superintendent of construction to su-
perintend the same and employ such other assistants as
may be necessary. And said commission shall, as far as
practicable in the construction of such building, employ
Oliio labor and use material native to this state. But such
building shall be completed within two years from the time
suitable land is acquired or from the time that said com-
mission finds itself unable to acquire suitable land and de-
cides to locate said building on the state house grounds.

Section 5. Said commission shall elect one of their
own number as chairman, and shall have power to employ
a clerk, who, in addition to such other duties as may be
.assigned to him by said commission, shall k^ep full and
accurate minutes of the proceedings of said commission,
including copies of all contracts, plans and specifications,
which shall at all times be open to public inspection. Said
commission is also fully empowered to fix the compensa-
tion of said clerk, and of said superintendent of construc-
tion and other assistants, and to determine the sums to
be paid to architects who submit plans for said building.
The members of said commission appointed by the gover-
nor shall receive compensation for their services under
this act for a period not to exceed two and one-half years
from the passage of this act, of ten hundred dollars per

121

annum for each of the appointed commissioners, and shall
receive no other compensation, but all the expenses for Expenses for
the commission for books, stationery and other supplies, *"pp^**^**'
shall be paid out of the treasury of the state on the war-
rant of the auditor of the state, to be issued upon a requi-
sition of said commission.

Section 6. The majority of said members shall be Quorum of

. , ^ • ^ '.1 'x 1 • 1 1^1 • . A commission.

competent to exercise any authonty which this act vests
in said commission, including the making of any and all
contracts.

Section 7. If any officer above designated shall re- ^"mlTl^s" ^'^
tire from office before the completion of said building, his
successor in office shall be his successor as a member of
said commission, or if any appointed member shall retire
from the board, his place shall be filled by appointment
of the governor.

Section 8. For the purpose of carrying out the pro- Appropriations,
visions of this act, the sum of two hundred thousand dol-
lars (1200^000) is hereby appropriated out of any money
in the state treasury to the credit of the general revenue
hind, not otherwise appropriated. And the further sum of
two hundred thousand dollars (|200,000) is hereby ap-
propriated out of any money in the state treasury to the
credit of the general revenue fund, not otherwise appro-
priated, subject to draft on and after February 15, 1899.
Said appropriations shall be paid out on warrants issued
by the auditor of state, upon requisitions' and estimates
signed by the majority of the state building commission.
Provided that said commission shall not accept any plan Limitation
or enter into any contract or contracts that will contem- of cSntra^ct"
plate or provide for a total expenditure of an amount in p°^ti^on.* °^ ''^^'
excess of four hundred thousand dollars (?400,000) for
the purposes covered by this act. And further provided,
that said building, when fully completed, equipped, and
ready for occupancy, shall not cost an amount in excess
of said sum of four hundred thousand dollars (|400,(MK)).

Section 9. The act entitled "An act to provide for Repeals.
the improvement of the state house," passed and which
took effect April 27, 1896 (O. L., vol. 92, page 801), is
hereby repealed.

Section 10. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. TONES,

President of the Senate.
Passed April 19, 1898. lOOG

122

Ditches, drains
and water-
courses :
Joint interstate
county ditches;
commissioners
may enter into
agreement for
construction.

Assessment; for
•costs and con-
struction of
<iitch.

Issue of bonds.

Improvement of
outlet of ditch,
drain or water-
<x>urse in this
state; agree-
ment by com-
missioners.

[House Bill No. 509.]
AN ACT

Supplemental to an act entitled "An. act to provide for the location
of joint-county ditches between counties of Ohio and those of
other bordering states passing concurrent acts herewith,"
passed March 21, 1887 (O. Lr., 84, page 236).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the commissioners of any county
in this state, when a petition is filed with the auditor of the
county praying for the location or improvement of any ditch,
drain or watercourse in such county, the waters from which
flow into or through an adjoining county in another state,
are of the opinion that the outlet for such proposed improve-
ment is insufficient, may, and they are hereby authorized
to enter into an agreement with the commissioners or other
proper officials of such adjoining county, for the construc-
tion or improvement of the outlet for such ditch, drain or
watercourse by such lower county, and the payment by
such upper county to the lower county of such sum of
money as may be agreed upon between said commissioners
and the proper officials of the lower county for the con-
struction or improvement of such outlet, which amount
shall be payable into the treasury of such lower county
upon the completion of the improvement of the outlet as
agreed upon ; and the commissioners of such upper county
shall assess upon the lots, and lands, and public or cor-
porate roads, or railroads, in their county benefited by
such improvement, the costs of the location and construc-
tion of the same in their county, together with the sum of
money agreed to be paid to such lower county for the im-
provement of the outlet therefor, and whenever in such
case the commissioners of such upper county shall deem
it expedient so to do, they may issue bonds of such county
to raise the money necessary to pay such costs and ex-
penses, including the amount agreed to be paid to such
lower county, in the manner provided by section 4479 of
the Revised Statutes of Ohio.

Section 2. Whenever the commissioners or other
proper officials of a county in another state, adjoining a
county in this state, shall desire to have the outlet for
water flowing in any ditch, drain or watercourse from such
upper adjoining county into or through a lower county
in this state enlarged or improved, it shall be lawful for
the commissioners of such lower county in this state to
enter into an agreement with the commissioners or other
proper officials of such upper adjoining county for the
improvement of such outlet by such lower county, and
the pajonent to such lower county for the benefit of such
improvement, by such upper county, of such sum of money
as may be agreed upon between said commissioners and
the proper officials of such upper county, and in making

123

their assessments upon the lots, and lands, and public or
coq)orate roads, or railroads, in such lower county bene-
fited thereby, the commissioners shall take into account
the amount to be paid for the benefit of such improvement
by such upper county.

Section 3. In all cases when the commissioners of Terms ofagrec-

... 4 «« • 'a* mcnt to be set

any county m this state shall enter mto an agreement with forth upon com-
the commissioners or other proper officials of an adjoining jSIfraa?.*^"
county in another state, under the provisions of either of
the two preceding sections, they shall cause an entry to be
placed upon their journal setting forth fully and particu-
larly the terms of such agreement, both as to the extent
and nature of the outlet to be constructed or improved,
and the time within which the same is to be completed,
and the amount to be paid by the upper county to the
lower county for the improvement of such outlet, and the
time and manner of payment of the same; and in all other when jgrenerai
matters pertaining to the location and construction of such J[°]^"*°"* ^°'''
improvement not herein expressly provided for the said
commissioners shall be governed by the provisions of law
providing for the location and construction of county
ditches.

Section 4. This act shall take effect and be in force
from and after the date of its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 19, 1898. lOlG

[House Bill No. 34.]

AN ACT

To regulate the employment of minors and to repeal sections C . . .,
R. a, passed April 25, 1891 (O. L., vol. 88, page 396) ; 6986aa, R.
S.. passed March 21, 1887 (O. L., vol. 84, pages 249, 250); 6986W,
R. a, passed April 27, 1885 (O. L.. vol. 82, page 162) ; 6986^:, R.
a, passed April 27, 1885 (O. L., vol. 82, page 162).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That no child under the age of thirteen unlawful cm-
years shall be employed in any factory, workshop, mer- mi2or».°^°
cantile or other establishment, directly or indirectly; and
no boy under fifteen years of age, and no girl under six-
teen years of age, shall be employed at any work per-
formed for wages or other compensation, or in assisting
any person employed as a wage-earner, when the public
schools in which district such child resides are in session,
providing this act shall not apply to females working at
household work.

Section 2. No minor under sixteen years of age, xigrht empioy-
and no girl under eighteen years of age, shall be employed "'^°^*

124

Kumbcr of
htmrs of em-
ployment; time
ftif noon meal.

Notices to
be posted by
employers.

Record to be
kept ; what to
contain.

Penalty.

Duty of in-
unector of work-
shops and
factories.

Enforcement of
school attend-
ance.

Pines to be paid
into school
fund.

Repeals, etc.

at any work at night-time later than seven o'clock in the
evening nor earlier than six o'clock in the morning, and
no minor under eighteen years of age shall be employed
in any of the places named in section one of this act for
a longer period than ten hours in one day, nor more than
fifty-five hours in one week; and every such minor under
eighteen years of age shall be entitled to no less than
thirty minutes for meal time at .noon, but such meal time
shall not be included as part of the work hours of the day;
and every employer shall post in a conspicuous place in
every room where such minors are employed a printed
notice stating the maximum number of work hours re-
quired in one week, and in each day of the week from such
minors, such printed notice to be furnished by the chief
inspector of workshops and factories, and approved by the
attorney-general; and it shall be the duty of every em-
ployer of minors to keep a correct record of same, which
shall be open to the inspection of the chief and district in-
spectors of workshops and factories, giving the name of
each minor employed and place of birth, residence of pa-
rents or guardians, and the character of employment en-
gaged in by such minor, and such record shall be corrected
whenever a change occurs in the employment of such
minor.

Section 3. Any person or corporation Who shall em-
ploy any minor contrary to the provisions of this act, or
who shall violate any of the provisions thereof, shall upon
conviction be fined in any sum not less than twenty dol-
lars nor more than fifty dollars, or imprisoned not less
than ten nor more than thirty days.

Section 4. It shall- be the duty of the inspector of
workshops and factories to prosecute all violations of this
act, when the same shall come to his knowledge, before
competent authority, and the chief and district inspectors
of workshops shall have authority the same as is invested
in the truant officer of any school district to enforce school
attendance of any child found violating the school laws,
or he shall make complaint of such violation to such tru-
ant officer, or to the clerk of the board of education in said
district; and all fines collected under this act shall inure
to the benefit of the school fund of the district where the
offense was committed.

Section 5. That said sections 6986, 6986aa, 6986*^
and 6986f, as cited in title, are hereby repealed, and this
act shall take effect and be in force on and after its passage.

HARRY C MASON,

Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 102G

125

[House Bill No. 84]

AN ACT

To amend section 5026 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the St(ae of Ohio, That section 5026, as amended January where actions
16, 1885 (82 O. L., 5), of the Revised Statutes of Ohio be ^*^^^^^°"«»>^ =
amended so as to read as follows :

Sec. 5026. An action other than one of those men- ^^}^l^^l^^S^\^^^
tioned in the first four sections of this chapter, against a wh?reto*bring.
corporation created under the laws of this state, may be
brought in the county in which such corporation is situate,
or has, or had its principal office or place of business, or in
which any corporation has an office or agent, or in any
county in which a summons may be served upon the presi-
dent, chairman or president of the board of directors or
trustees or other chief officer; but if such corporation is an insurance com-
icsurance company, the action may be brought in the ^""**
county wherein the cause of action, or some part thereof,
arose; and if such corporation be organized for the pur- Mining com-
pose of mining, either exclusively, or in connection with ^*^"^''
other business, the action may be brought in any county
where such corporation owns or operates a mine or mines,
and the cause of action, or some part therof, arose.

Section 2. That said section 502G, as amended Jan- Repeals, etc.
uary 16, 1885 (82 O. L., 5), of the Revised Statutes of
Ohio be and the same is hereby repealed, and this act
shall take effect and be in force from and after its passage;

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 18&8. 103G

[House Bill No. 316.]

AN ACT

To amend section 1267 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1267 of the Revised Statutes prosecuting at-
of Ohio be amended so as to read as follows : '""^*^>' '-

Sec. 1267. There shall be elected, triennally, in each Election and
county, a prosecuting attorney, who shall hold his office ^""^"^ ^^ ''^''^'
for three years, beginning on the first Monday of Sep-
tember next after his election.

126

Repeals, etc. SECTION 2. That said scction 1267 be and the same is

hereby repealed; and this act shall take effect and be in
force from and after its passage.

HARRY C. MASON,

Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 19, 1898. 104G

Improvement of
certain public
roads.

Petition for im-
provement; ap-
pointment of
viewers, and
duties.

Findingr for the
improvement.

[House Bill No. 392.]

AN ACT

For the improvement of certain public roads.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That in any county of this state having
not less than two hundred and twenty-five miles of im-
proved graveled free roads, including any former toll-
roads, where there is an unimproved county road pr part
thereof, not exceeding three miles in length, connecting
two improved graded public roads or an improved part
of one such public road with another such improved road
or part thereof, such unimproved county road or part thereof
may be improved by grading, graveling, draining and bridg-
ing, or by any of such operations, by the commissioners of
such county in the manner provided in this act

Section 2. Whenever twenty or more landholders
from three or more townships of any such county file with
the commissioners thereof a petition for such improvement,
naming the road or part thereof to be so improved, with
its termini, said commissioners shall appoint three disin-
terested and judicious freeholders of the county as viewers
of such road, who shall, after being duly sworn faithfully
to perform their duties, secure a surveyor and proceed to
view said road and ascertain the character and dimensions
of the improvement which, in their judgment, should be
made, make a careful estimate of the cost thereof, and
make due return with proper detail drawings of the same
to said commissioners.

Section 3. On such return oi said viewers being
made, said commissioners shall determine whether the pro-
posed improvement, in their judgment, is of such a nature
and general benefit as should in fairness be paid for out of
the county treasury, taking into consideration the benefits
that such locality has derived from the bridge and other
general funds of the county, in comparison with other por-
tions thereof; and if they are of the opinion that such im-
provement should be made, they shall so declare by reso-
lution. And thereupon they shall pass upon said report
of said viewers as to the character and dimensions of such

127

improvement, which they may modify, but not so as to in-
crease the estimated cost thereof.

Section 4. On the approval of said report of said
viewers, either in its original form or as modified, said
commissioners shall cause said improvement to be .made
under the supervision of a competent and disinterested
person appointed by them as a superintendent of work;
such superintendent shall be under their control and direc-
tion, and removable for cause at their pleasure, and shall
receive for his services the sum of two dollars per day;
and said viewers each shall receive for their like services a like
sum; and the surveyor shall receive the compensation pre-
scribed by law. Not more than one such improvement
shall be made in any county in any period of two years.

Section 5. Any such improvement shall be adver-
tised, let and paid for, on estimates of the superintendent,
approved by said commissioners, as it progresses, as if
done under title 7, chapter 7, of the Revised Statutes of
Ohio.

Section 6. Said commissioners may issue and sell
at not less than par the bonds of said county in sums of
one hundred dollars, or multiples thereof, bearing interest
not exceeding five per cent per annum and having not
exceeding three years to run, payable principal and in-
terest at the treasury of said county or at such point in
the city of New York' as may be designated therein, for the
amount necessary to cover the cost of such improvement,
which shall not exceed two thousand dollars per mile, and
shall provide for the payment of such bonds by the neces-
sary levies upon the grand duplicate of said county. Pro-
vided such bonds may be paid for out of the bridge fund
or general road improvement fund, or both, and the levy
for either or both of said funds may be increased above
that now provided by law to the amount necessary to meet
such expense.

Section 7. This act shall take effect at its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 105G

How improve-
ment to be
made; appoint-
ment of super-
intendent of
work ; compen-
sation of super-
intendent, view-
ers and sur-
veyor.

Superintendent
to furnish
estimates.

Bonds.

[House Bill No. 354.]

AN ACT

To amend section 202 of the Revised Statutes of Ohio.

Section 1. ■ Be it enacted by the General Assembly of
^^ State of Ohio, That section 202 of the Revised Statutes Attorney-gei>-
of Ohio be amended so as to read as follows: ^^^^'-

128

Duties and pow- Scc. 202. He shall appear for the state in the trial

and argument of all causes, civil and criminal, in the su-
, preme court, wherein the state may be directly or indirectly
interested; and, when required bv the governor or general
assembly, he shall also appear for the state in any court
or tribunal in any cause in which the state is a party or
in which the state is directly interested; and upon the
written request of the governor, he shall also prosecute
any person indicted for any crime; and with the consent
of the governor and auditor of state, he may employ
counsel in civil actions in which the state is a party or in-
terested, for any and all ot the departments, boards of
trustees or other public departments of the state, when in
his judgment the interests of the state demand that the
Unlawful cm- same be done. And it shall not be lawful for any state
?ounT/°b>^state board Or state ofTicer to employ any attorneys or counsel,
except upon the recommendation of the attorney-general
and upon the written consent of the governor and auditor
of state.

Section 2. Section 202 of the Revised Statutes of
Ohio is hereby repealed, and this act shall take effect and
be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 106G

board or oflficer.

Repeal;:, etc.

[House Bill No. Am.]

AN ACT

For the better protection of dogs, and to amend section numbers
4202 and 4208 and to repeal section number 7008 of the Revised
Statutes and an act entitled "An act to regulate the licensing of
dogs and the collection and disposition of dog-license fees in
cities of the first grade of the first class, and to provide for tlie
disposition of unlicensed dogs," passed April 27, 1896 (1^2 Ohio
Laws, page 700).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the owner of any animal of the dog
kind, killed or maliciously injured contrary to law, or car-
ried or enticed away from the premises of the owner or
harborer for the purpose of bein^ killed or injured, or for
the purpose of depriving the owner or harborer of his
ownership or control of the same may maintain an action
for damages against the person so killing or injuring or
carrying or enticing away the same; and in such action
damages by way of compensation for the dog, as well as
Dog is property, exemplary damages may be allowed; and any animal of
the dog kind shall be regarded as, and shall for all intents
and purposes whatsoever be, property, and such animal
and the owner thereof shall have all the rights and privi-

Riglit of action
for killing, in-
juring, carrying
or enticing '
away dog.

129

Theft of dog
made larceny.

Killing or Injur*
ing dog.

Certain animali
not to run at
large.

leges and be subject to the same restraints and limitations
as are provided by law for live stock.

Section 2. Whoever steals any animal of the dog
kind is guilty of larceny, the same as for the stealing of
anything of value, as provided for by section number 6856
of the Revised Statutes; and whoever maliciously kills or
injures any animal of the dog kind, not his own, is guilty
as for the malicious destruction of, or injury to, any prop-
erty, the same as provided for by section number 6863 of
the Revised Statutes.

Section 3. That section number 4202 of the Re- Animals,
vised Statutes of Ohio be amended so as to read as follows:

Sec 4202. No person or corporation being the owner
or having the charge of any horses, mules, cattle, sheep,
goats, swine, dogs or geese shall suffer the same to run
at large in any public road or highway, or in any street,
lane or alley, or upon any uninclosed land or cause such
animals to be herded, kept, or detained for the purpose of
grazing the same on premises other than those owned or
occupied by the owner or keeper of such animals, except
as hereinafter provided; and any person violating the pro- penalty,
visions of this section shall forfeit and pay for every such
violation, as penalty therefor, not less than one dollar, nor
more than five dollars; continued violation, after notice,
or prosecution, shall be held to be an additional offense
for each and every day of such continuance.

Section 4. That section 4208 of the Revised Statutes Animau.
of Ohio be amended so as to read as follows:

Sec. 4208. The person or officer taking up any such an-
imal shall be entitled to charge and receive from the owner
the following fees in addition to those authorized by the law
regulating estrays, to wit: For taking up and advertising
each animal of the horse or mule kind, one dollar; each
head of neat cattle, seventy-five cents; each swine, fifty
cents; each sheep, dog or goose, twenty-five cents; and
also, reasonable pay for keeping the same; provided, that
for the taking up of any single herd or flock, the fee shall
not exceed five dollars,- whenever the flock or herd belongs
to one person.

Section 5. Said sections numbering 4208 and 7008 Repeals, etc
of the Revised Statutes, and said act, to regulate the licen-
sing of dogs and the collection and disposition of dog-
licensc fees in cities of the first grade of the first class and
to provide for the disposition of unlicensed dogs, passed
April 27, 1896 (92 Ohio Laws, page 760), are hereby re-
p^cd; and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 19, 1898. 107G

Pees for taking
up animals.

180

^ecution
against prop-
erty:

Publication of
notices in Ger-
man news-
papers, etc.

Repeals, etc.

[Senate Bill No. 207.]

AN ACT

To amend section 5394 of the Revised Statutes of Ohio, as amended
O. L. 88, page 267.

Section 1, Be it enacted by the General Assembly of
the State of Ohio, That section 5394 of the Revised Statutes,
as amended O. L. 88, vol. 267, be amended so as to read
as follows:

Sec. 5394. In any county wherein is published and
printed a newspaper in the German language, and which
has a circulation of at least five hundred and fifty copies of
bona fide subscribers within the county, the notice required
by the preceding section shall, in addition to the publica-
tion therein required, be published in such newspaper in the
German language, for the same time and in the same man-
ner, if the appraised value of the property to be sold ex-
ceeds five hundred dollars, and if two or more such papers
are printed and published therein, the publication may be
in either, but the court shall, on motion of the plaintiff or
defendant, and may without motion, for good cause, dis-
pense with such publication, and in any county the coun
may, if it deem the interests of the defendant require it»
direct the publication of the notice in a newspaper printed
in either the Bohemian language or in the PoHsh language,
or in both, in addition to the publication required by the
preceding section, but no error or mistake in translation,
or in any publication authorized by this section, shall de-
lay proceedings, or affect the title of the property sold,
and if any such error or mistake occur by the negligence of
the publisher, he shall not be entitled to compensation for
the publication.

Section 2. Section 5394 of the Revised Statutes, as
amended 88 O. L., page 267, be and the same is hereby
repealed, and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 19, 1898. 108G

I^lfe insurance
companies :

[Senate Bill No. 231.]
AN ACT

To amend and repeal original section 3628, and to amend and re-
enact section 3628.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3628 be amended so as to
read as follows:

131

Sec 3628. Any person may effect an insurance on
his life, for any definite period of time, or for the term of
his natural life, to inure to the sole benefit of his widow
ami children, or of either, as he may cause to be appointed
and provided in the policy; and the sum or net amount of
insurance becoming due and payable by the terms of in-
surance, shall be payable to his widow, or to his children,
for their own use, as provided in the policy, exempt from
all claims by the representatives and creditors of such per-
son; provided, that, subject to the statute of limitations,
the amount of any premiums for said insurance paid in
fraud of creditors, with interest thereon, shall inure to their
benefit from the proceeds of the policy; but the company
issuing the policy shall be discharged of all liability thereon
by payment of its proceeds in accordance with its terms,
unless, before such payments notice shall be given the
company by a creditor specifying the amount of his claim
and the premiums which he alleges have been so fraudu-
lently paid.

Section 2. That original section 3628 be and the
same is hereby repealed, and this act shall take effect on
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,

Passed April 19, 1898. 109G

Husband mav
insure his life
fof benefit of
wife and chil-
dren.

Insurance
exempt from
claims of
creditor.

Premiums paid
in fraud inures
to benefit of
creditor.

When company
liable to
creditor.

Repeals, etc.

[Senate Bill No. 175.]

AN ACT

To amend sections 7382 and 7386 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State' of Ohio, That sections 7382 and 7386 of the Re-
vised Statutes of Ohio shall be amended so as to read as
follows:

Sec. 7382. The sheriff, or person acting as such, in
any county having no jail, or no sufficient jail, or when
the jail is in danger of being broken into by a mob shall
convey any person charged with the commission of an of-
fense, or sentenced to imprisonment in the county jail, or
in custody upon civil process, to the jail of any county in
the state which he may deem most convenient and secure;
and such officer may call such aid as may be necessary in
guarding, transporting or returning such person; and who-
ever n^lects or refuses to render such aid, when required,
shall forfeit and pay the sum of ten dollars, to be recovered
by action in the name and for the use of the county. Such
officer and his assistants shall each receive such compensa-
tion for their services as the auditor of the county from

Jails :

When persons
in custody may
be confined in
jail of another
county.

Aid to sheriff.

Penalty for re-
fusal to render
aid.

Compensation of
sheriff and
assistants.

132

Process, etc., for
the return of
prisoner.

Repeals.

which such person was removed may deem reasonable, to
be paid out of the county treasury on the warrant of the
auditor.

Sec. 7386. The prosecuting attorney of the county
from which any person charged with the commission of an
offense shall have been removed for safe-keeping, may at
any time file with the clerk of the court thereof, a precipe
directing that a warrant be issued to the sheriff having
the custody of such person, commanding him to deliver
the prisoher to the sheriff, or person acting as such, of the
county from which the prisoner was removed, or to the
sheriff of the county where the trial is to take place, where
change of venue has been had.

Section 2. That original sections 7382 and 7386 oi
the Revised Statutes be and the same are hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 19, 1898. HOG

Insolvent
debtors •

Payment of
liens, etc.

Questions of
title, dower, etc.

Sale of
premises.

[Senate BiU No. 245.]

AN ACT

To amend [section] 6351, as passed May 19, 1886 (O. L., vol. 83, page
236), of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6351, as passed May 19,
1886 (O. L., vol 83, page 236), of the Revised -Statutes of
Ohio, be amended so as to read as follows:

Sec. 6351. The probate court shall order the pay-
ment of all incumbrances and liens upon any of the prop-
erty sold, or rights and credits collected, out of the pro-
ceeds thereof, according to priority; provided, that the
assignee may, in all cases, where the real estate to be sold,
or which may have been contracted to be sold by the as-
signor prior to the assignment, is incumbered with liens,
or where any questions in regard to the title, or the dower
estate of the wife or widow of the assizor, require a de-
cree to settle the same, commence a civil action therefor
in the common pleas court or probate court of the proper
county, making alF persons in interest, including the wife
or widow of the assignor, parties to such proceedings; and
upon hearing, the court shall order a sale of the premises,
or the completion of the contracts of sale so made by the
assignor, the payment of incumbrances and the contingent
dower interest of the wife or widow, subject to the proviso
hereinafter contained, and determine the question involved

133

in regard to the title of same; and the proceeds of all the Disposition of
real estate so sold, after pajrment of heirs and incumbrances, S[i2;*^^' °^
and the contingent dower rights and interest of such wife
or widow, as ordered by such court shall be reported to
the probate court by the assignee, and disposed of as pro-
vided in this chapter; provided, that the provisions of Application of
section 6350 in relation to the wife of the assignor as a SSSion"*^
party to the proceedings thereunder and her rights by
virtue thereof, and also the provisions of such section as
to ordering property sold at private sale, and upon terms
of credit, shall apply to proceedings under this section;
but nothing in this section, nor section 6350, shall be Homestead
so construed as in any way to impair the right of home- *^*^"p^*°°®-
stead exemptions, or the right of an allowance in lieu of
homestead exemptions, or the mode provided by law for
enforcing such rights. And provided further, that noth- junsdicUonof

• xi5^ ^- • .t_- t ^ t_ 11 L ^ J court not lim-

ing in this section, or in this chapter, shall be so construed ited in action to

as m any way to take away or limit the jurisdiction of any ga^|^!qu1" mlc,

court of record in which any action to, foreclose a mort- «^c.

gage, to quiet title or in any way affecting the title or

possession of all or any part of the real estate assigned is

pending, %t date of the assignment, but in said action the

assignee may be made a party, with right to defend, and

to have such decrees, orders or judgments made as may

be necessary for the proper administration of his trust in

any surplus remaining after payment of liens thereon which

have been asserted in said pending action.

Section 2. That section 6351, as passed May 19, Repeals, etc.
1886 (O. L., vol. 83, page 236), be and the same is hereby
repealed. This act shall take effect and be in force from
and after its passage.

' HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. IIIG

[Senate Bill No. 351.]

AN ACT

To supplement section number 4514 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of

the State of Ohio, That section 4514 of the Revised Statutes Township

be supplemented as follows: ditches:

Sec. 4514a. When a ditch or improvement is pro- joint township

posed, which will require a location in more than one town- cation^ 'sSr^iy-

ship, application shall be made to the trustees of each of °"' ^^^p^*^^-
said townships, and the surveyor shall make a report for

each township. Application for compensation and dam- an"Km?gcs"

ages shall be made to the joint board of trustees when in appeals from'

134

trustees'
findinsrs.

Notice by town-
ship clerk ; joint
session of
trustees.

Clerk of joint
board and duties.

Laws applicable
to joint town-
ship ditches.

Cleaning out of
ditch ; appoint-
ment of trustees
to examine
report.

joint session, and appeals from the finding of the trustees
when in joint session, locating and establishing such ditch,
and from the assessment of compensation or damages shall
be taken to the probate court of the county in the same
manner as appeals are now allowed, and if said ditch or
improvement is located in more than one county then such
appeal shall be taken to the probate court of the county
in which the greatest length of such ditch or improvement
is located, and upon the filing of such petition the township
clerk shall give notice to the trustees of all the townships
through which said ditch passes, fixing a time and place
where and when such trustees shall meet in joint session,
and the trustees of such townships shall meet in joint ses-
sion at the time and place so fixed, and a majority of the
trustees of each township, when in joint session, shall be
competent to locate and establish such ditch or improve-
ment, but no trustee shall serve in any case in which he is
personally interested, and all laws in force as to the loca-
tion and establishment of township ditches shall apply to
the proceedings had by and before said joint board; pro-
vided further, that the said joint board when in session
at their first meeting upon said ditch shall selyt one of
the clerks of such townships to act as clerk of such joint
board, who shall keep the record of all proceedings had
by said joint board upon said ditch or improvement; and,
provided further, that any and all laws now in force, or
that may be hereafter enacted providing for the cleaning
out of township ditches, shall be applicable to joint town-
ship ditches located and established under this act, and the
trustees, when in joint session at their first meeting held
after a statement in writing for the cleaning out has been
filed, shall appoint one of their number from each town-
ship through which such joint ditch is established and
located to examine and report as to the necessity of clean-
ing out such joint ditch, and said trustees so appointed
shall file their report with the clerk of such joint board,
and thereupon such proceedings shall be had as is author-
ized by law for the cleaning out of township ditches.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 112G

135

[Senate Bill No. 249.]

AN ACT

taking appropriations to reequip company G, and hospital corps,
of the seventeenth infantry, and battery G, first artillery,
Ohio national guard, and for the relief of officers and mem-
bers of said organizations.

Whereas, On the second day of November, 1897, the Preamble:
armory of company G, and a section of the hospital corps,
seventeenth infantry, battery G, first artillery, Ohio national
guard, was destroyed by fire, and the organizations named
lost the greater portion of their equipment and company
property, and certain officers and rnen lost a portion of
their uniforms and equipments, which was their private
property, aggregating in all the sum of f 665.75; therefore.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated, ^PP-SFe^f oV^"
out of any moneys in the treasury to the credit of the ceruin miiiury
general revenue fund, not otherwise appropriated, the sum o'»*»"*»^^<>°«-
ot six hundred and sixty-five dollars and seventy-five cents
(1665.75), for the relief of said organizations, and the of-
ficers and men thereof; said sum to be apportioned in
accordance with the report of a board of survey heretofore
appointed by the governor.

Section 2. This act shall take effect and be in force
fiom and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 113G

[Senate Bill No. 178.]

AN ACT

To provide for the relief of Joseph T. Garvin, member of the Ohio
national jj^uard, injured bj- the premature explosion of cannon.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of the state of Ohio be, Jjj^*"^*]^^^ ^
and he is hereby authorized and required to issue his war- rjSi^ii?^^
rant on the state treasurer to pay to Joseph T. Garvin, of
Youngstown, Ohio, out of the general revenue fund not
otherwise appropriated, two thousand dollars,. for his relief
on account of injuries sustained by him by the premature
explosion of a cannon on the 17th day of September, 1879,
while in the line of his duty as private of the 2d Ohio bat-
tery, Ohio national guard, in firing a salute for the 'presi-
dent of the United States, which sum shall be in full pay-

136

ment of all claims against the state by reason of such
injury.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 114G

[Senate Bill No. 32.]

AN ACT

To supplement section 3793 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
Religious and the State of Ohio, That section 3793 of the Revised Statutes
other «>deties: ^f qj^j^ j^^ supplemented as follows:

Consolidation of Sec. 3793a. When two or more charitable or benevo-

benrJoSSt^asso- l^nt associations, societies or organizations now or here-
dations. ^ft^j. formed or incorporated by or under any law of this

state for charitable or benevolent purposes, desire to be
consolidated or united as a single corporation, or when
two or more charitable or benevolent associations, societies
or organizations, one or more of which is, or may
hereafter be, incorporated under the law of this state for
charitable or benevolent purposes, desire to be consoli-
dated or united as a single corporation, the trustees, direc-
tors or other known and legal representatives, or govern-
ing body or bodies, of such associations, societies or organi-
zations may enter into an agreement for such union or
consolidation and prescribe the terms and conditions
thereof, the corporate name of such united association,
society or organization, which may be the name of either
one of them, or an entirely new name, the time and place
for the first meeting of the new corporation, the number
of members of one or more or of each separate branch or
organization who shall be chosen as directors, trustees, or
other officers of the new corporation to succeed to the
rights, trusts, duties and obligations of those officers who
in either or any of the separate organizations held in trust
the estate, real and personal, of such separate association,
society or organization, with such other estates as they
Agreement to may deem necessary to complete the new corporation; but
thc'm^embirsi? ^n agreement so made shall not be valid until it has been
SSkms*^ °»"«^°>- submitted to a separate meeting of the members of each
of said associations, societies or organizations, of which
due and full notice has been given according to the form
and usage for calling meetings of each of said associa-
tions, societies or organizations, and ratified by a two-
thirds vote of all the members present at such meeting,.

137

in person or by proxy, and entitled to vote according to
the laws, regulations or usages of such associations, socie-
ties, organizations or corporations, respectively.

Sec. 3793^ When such agreement has been ratified SSSS^of^aS-'J^"
by each association, society, organization or corporation ment.
which is a party to the proposed united organization, the
clerk or secretary of each meeting shall certify the record
of the proceedings thereof, and deliver the same to the
clerk or secretary of the first meeting of the united asso-
ciation, society, organization or corporation, as herein pro-
vided and as specified in the terms of agreement.

Sec. 3793c. At the first meeting of the united associa- Bach member

^ ^. , If of separate asBO-

tion, society, organization or corporation, each member of ciatious entitled
each of said associations, societies, organizations or cor- of^prwec5?JgI?^
porations shall be entitled to vote, and, if at such meet- «tc.
ing the proceedings and acts of the several associations, so-
cieties, organizations or corporations, parties thereto, are
submitted to and approved by the meeting, and a board of
trustees, directors or other officers are chosen, in accord-
ance with the terms of agreement, the clerk or secretary of ^<fn|oi?cfa'tion to
the meeting shall certify such approved agreement or terms be sicd with
of union and file the same in the office of the secretary of sufe.**^ °
state, whereupon the several associations, societies, organi-
zations or corporations, parties thereto, shall be deemed
and taken to be one corporation under the name by it
adopted, possessing within this state all the rights, privi-
leges and franchises, and subject to all the restrictions, dis-
abilities and duties of such new corporation.

Sec. 3793d. Any of the acts provided for by section y^JV^^rS*^

A*>«vn « - « « 4« « r « p * t acts at first

3 1 93c which shall not be performed or perfected at such meeting: may
first meeting may be performed and perfected at any sub- SiiScquenUy.
sequent or adjourned meeting of such united corporation.

Sec. 3793^. The certificate to the secretary of state f/ruJ^?? ^/
provided for by section 3793c shall be by him recorded, and agreement,
a copy duly certified by him shall be recorded in the office
of the recorder of deeds of the county where such corpora-
tion exists and may be recorded in the office of the recorder
of deeds of any county where any real estate lies belonging
to any of said associations, societies, organizations or cor-
porations entering into said union, and a certified copy by ^o^***orTteex.
the recorder of either county in whose office the same is fstcJTce.
recorded, or a copy certified by the secretary of state of the
record in his office, shall be prima facie evidence of the
existence of such corporation.

Sec. 3793^. Such united corporation shall be author- ^°fi|^4"^^*°f»'
ized to adopt a constitution, by-laws and rules not incon- ruies^**"
sistent with the laws of the state of Ohio, and to amend
the same from time to time under such provisions for such
amendment as it may at any time adopt.

Sec. 3793^. All the various associations, societies, or- f,;§*|,V*\^e'^c8*of
ganizations or corporations entering into such union shall new corporation,
be merged in said united body and the new corporation

138

Property held in
trust to be gov-
erned by ong-
inal terms.

Petition for con-
veyance of real
estate; order of
court ; decree to
serve as convey-
ance.

Defendants to
petition.

Notice of peti-
' tion by puolica-
tion.

Subsequent
union of associ-
ations, etc., with
corporation.

with its officers and chosen directors, trustees or other rep-
resentatives shall succeed to, and be vested with, all aad
singular, the right, title and interest in and to every species
of property, real, personal and mixed, and all and singular
the rights, privileges and franchises held by or vested in
each of the said associations, societies, organizations or
corporations, parties to the agreement, without any other
act, conveyance or transfer, and such new corporation shall
hold and enjoy the same with all the rights pertaining to
such property, franchises and trusts, and shall be subject
to all the debts, liabilities and obligations in the same man-
ner and to the same extent as any or either of the asso-
ciations, societies, organizations or corporations, parties to
the new corporation.

Sec. 3793A. All and any real estate or other property,
vested or held by either of said associations, societies or
organizations or corporations tmder any trust or terms
governing the grant, shall continue to be subject to such
trust and controlled by the original terms under which
such real estate or property became vested in or entrusted
to the parties to the union.

Sec. 3793i. The united corporation may, at the re-
quest of a majority of its members, or by act of its trustees,
directors or other governing body, in its corporate name
petition the court of common pleas of the proper county,
setting forth the fact of such union, and the court may in
its' discretion make an order requiring such officers to
convey to such new corporation the real estate owned and
held by the parties to the union, as the court may direct,
and, if any of such officers refuse or neglect to obey such
order, the decree of the court shall serve as such convey-
ance, but such order shall in no case be inconsistent with
the original terms under which such real estate became
vested in, or entrusted to, the parties to the union; and in
all cases the grantors of such real estate, to such parties,
or their heirs, or such other parties as the petitioners may
deem advisable, may be made defendants to such petition,
and such of the defendants who shall make no defense
shall not be subject to costs.

Sec. 3793;. Notice of the pendency of such petition
shall be given by publication in a newspaper published m
the county where the petition is filed for four consecutive
weeks, setting forth the object and prayer of the petition,
and, if no newspaper is printed in such county, publication
shall be made in the newspaper published nearest to such
county.

Sec. 3793*. Subsequent to the creation of tho united
corporation under the provisions of sections 3793a to 3793/,
inclusive, any one or more associations, societies, organi-
zations or corporations of like character, may at any time
unite with and become a part of said corporation in ac-
cordance with the provisions of said sections.

139

Section 2. This act shall take effect and be in force
bom and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 115G

[Senate Bill No. 482.]

AN ACT

To supplement section 2505a, as amended April 22, 1896.

Section 1. Be it enacted by the General AssenMy of
the State of Ohio, l*hat section 2505^ be enacted as supple- Railways in cor-
mentary to section 2505a of the Revised Statutes of the tp^^^^^'"^'^^-
state of Ohio, as amended April 22, 1896, as hereinafter
set forth, to wit:

Sec. 2605^. Any corporation or company maintaining street railway
and operating a street railroad may lease or purchase all ?Ss?o? p"*^
the property, real, personal and mixed, and all the fran- and^fr?S?EiS»
chises, rights and privileges of any company organized and^^^iJJrcom-
prior to the date of the enactment of this supplementary pSny^'^*^'^ ^°"*'
act, for the purpose of supplying electricity for power and
light purposes, or which has been engaged in such busi-
ness in whole or in part in any city within this state, the
latter being hereby vested with corresponding power to let
or sell, upon such terms and conditions as may be agreed
upon between the corporation and company. No such stockholders'
lease or purchase shall be perfected until a meeting of the Set icafe^or^'"
stockholders of each of the companies has been called for Purchase.
that purpose by the directors thereof, on thirty (30) days'
notice to each stockholder at such time and place and in
such manner as is provided for the annual meetings of the
companies and the holders of at least two-thirds of the
stock of each company in person or by proxy, at such
meeting, or at any properly adjourned meeting assent
thereto. Provided, that any stockholder who refuses to as- Dissenting:
sent to such lease or salq and so signihes by notice in writ- ^'°*^^**°^^*»'-
ing to the lessee or purchaser within ninety (90) days
thereafter, shall be entitled to demand and receive com-
pensation in the manner provided for the compensation of
stockholders in sections 3302, 3303 and 3304 of the Re-
vised Statutes and the said sections are adopted and made
a part of this section. Any such company so leasing or f^^?^® ^Lm-^'
purchasing the property, rights and franchises of an electric paSy °*^ ^^'
light and power company shall have all the rights, power
-and authority that electric light and power companies now
have, or may hereafter have, by the statutes of this state,

140

Lease or sale but the liability of any electric light and power company
liablmySf h^ght shall in no manner be affected by its lease or sale as herein

and^powercom- provided.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 19, 1898. 116G

[Senate Bill No. 108.]

AN ACT

Wills :

Trustee ap-
pointed by will
must give bond.

Discretionary
powers of court
as to bond.

When court may
require new or
adaitional bond.

Repeals, etc.

To amend section 5981 of the Revised Statutes of Ohio, as amended
April 12, 1892,

Section 1. Be it enacted by the General AssefMy of
the State of Ohio, That section 5981 of the Revised Statutes,
as amended April 12, 1892, be and the same is hereby
amended so as to read as follows:

Sec. 5981. Every trustee appointed in any will shall,
before entering upon the discharge of his duty as such
trustee, execute a bond with freehold sureties, payable to
the state, in the probate court of the county in which any-
such will may be admitted to probate, to the satisfaction
of said court, conditioned for the faithful discharge of his
duties as such trustee; provided, that when by the terms
of any will, the testator shall express a wish that his trus-
tee may execute the trust without giving bond, the court
admitting the will to probate may, at its discretion, grant
permission to the trustee to execute the trust with or with-
out bond, as may seem expedient, and when granted with-
out bond, the court may, at any subsequent period, up>on
the application of any party interested, require bond to be
given; and, provided further, that the court upon the ap-
plication of any party interested may, if deemed necessary,
require a new or additional bond at any time before the
completion of the trust.

Section 2. That said original section 5981, as
amended April 12, 1892, be and the same is hereby re-
pealed, and this act shall take effect and be in force from
and after its passage.

HARRY G. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 117G

141

[Senate Bill No. 237.]

AN ACT

To amend section 6494 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assetnbly of
the State of Ohio, That section 6494 of the Revised Statutes commencemeiit
be amended so as to read as follows: ° *^ ***"*'* ^"

Sec. 6494. The constable shall deliver the property SS»aredlS)m
attached to the person in whose possession it was found, atuchn^nt. **"
upon the execution by such person, in the presence of the
constable, of an undertaking to the plaintiff, with one or
more sufficient sureties resident in the county, to the effect
that the parties to the same are bound, in double the ap-
praised value thereof, that the property or its appraised
value in money shall be forthcoming to answer the judg-
ment of the court in the action; but if it shall appear to
the court that any part of said property has been lost or
destroyed by unavoidable accident, the value thereof shall
be remitted to the person or persons so bound. Provided,
tliat in any case the defendant may make a motion before
the justice of the peace to dissolve the attachment, or re-
lease the property, money, or credits attached or gami-
sheed, either or both; which if overruled may be appealed
by the defendant to the court of common pleas, if in ses-
sion, or to a judge thereof in vacation, by giving notice
to that effect to the justice of the peace, but no bond shall
be required. Upon such notice of appeal being given, the
•ustice of the peace shall forthwith transmit to the clerk of
the court of common pleas all the original papers; and
thereupon within three days from such notice of appeal, or
"pon such further time as may be for good cause allowed,
said court or judge shall hear and determine said motion
in the same manner as though it was originally brought in
said court of common pleas, and upon the final hearing
said court or judge shall forthwith transmit the judgment
with said original papers to said justice of the peace, which
judgment shall be entered upon the docket of said justice
of the peace as the final determination of said motion; and
said attachment property, moneys and credits shall be dis-
posed of as directed in said judgment

Sec. 6494a. That said original section 6494 be and
the same is hereby repealed, and this act shall take effect
and be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 118G

Lost or de-
stroyed prop-
erty.

Defendant may
make motion
to dissolve at-
tachment, etc.

Appeal to com-
mon pleas
court.

Transmittal of
original papers
to clerk of court;
hearing and de-
termination of
motion.

Repeals, etc.

•;.' f*

Lewistown res-
ervoir dedicated
as a public lake
to be known as
Indian lake.

Public pleasure
resort ; hunting:,
fishingr, etc.

Destruction, in-
iury or disturb-
ing: of property
or pets prohib-
ited.

Penalty.

Lake to con-
tinue as a reser-
voir for canal
purposes.

Control and
supervision of
lake.

142

[Senate Bill No. 29.]

AN ACT

To set apart Lewistown reservoir as a public lake.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the body of water known as the
Lewistown reservoir, situated in the county erf Logan, con-
tained within the metes and bounds of the land owned by
the state, be, and the same is hereby dedicated and set
apart forever as a public lake, to be known by the name
of Indian lake. Provided that in the event of the aban-
donment, leasing or selling of that portion [of] the Miami
and Erie canal, connected with the reservoir, all the lands
embraced in said reservoir shall be sold by the state, ex-
cept such portions of said reservoir as were embraced it
the original lake or lakes.

Section 2. The said Indian lake shall at all times b(
open to the public as a resort for recreation and pleasure
including the privilege of hunting and shooting, fishing
and boating; provided, that nothing in this section shaJ
be construed so as to permit hunting and shooting and
fishing during a close season, as provided by the statute
laws of the state; provided further, that nothing in thi;
act shall be construed as interfering in any manner witl
existing leases or any part of said reservoir or of the landi
or any part thereof connected therewith.

Section 3. No person shall destroy, injure or disturl
any tree, plant, lawn or other property, or decoration upoi
any of the islands, within the boundary of said lake, no
kill, injure or disturb any water-fowl, water-animal, birdi
or game placed within the boundary lines of the lake a
semi-domestic pets by donation or purchase.

Section 4. Any person violating any of the provis
sions of this act shall be deemed guilty of a misdemeanoi
and upon conviction shall be fined as provided in sectioi
sixty-nine hundred and sixty-eight.

Section 5. The dedication and use of said reservoi
as a public lake shall in no wise interfere with or affeci
and the same shall be subject to, the use of the said resei
voir for canal purposes.

Section 6. That said Lewistown reservoir, now t
be known as Indian lake, shall be, so far as the protectio
of fish and game is concerned, under the supervision an(
control of the commissioners of fish and game, and saii
commissioners shall appoint a fish and game warden fo
said Indian lake, as now provided by law.

143

Section 7. This act shall take effect and be in force
(rcHn and after its passage.

HARRY C. MASON.
Specter of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 119G

[Senate Bill No. 336.]

- AN ACT

To define trust and to provide for critniual penalties and civil ^

damages, and punishment of corporations, persons, firms and '

associations, or persons connected with them, and to promote
free competition in commerce and all classes of business in
the state.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That a trust is a combination of capital, ir"** defined.
skill or acts by two or more persons, firms, partnerships,
corporations or associations of persons, or of any two or
more of them for either, any or all of the following pur-
poses:

L To create or carry out restrictions in trade or com-
merce.

2. To limit or reduce the production, or increase, or
reduce the price of merchandise or any commodity.

3. To prevent competition in manufacturing, making,
transportation, sale or purchase of merchandise, produce
or any commodity.

4. To fix at any standard or figure, whereby its price
to the public or consumer shall be in any manner controlled
or established, any article or commodity of merchandise,
produce or commerce intended for sale, barter, use or con-
sumption in this state.

5. To make or enter into or execute or carry out
any contracts, obligations or agreements of any kind or
description, by which they shall bind or have bound them-
selves not to sell, dispose of or transport any article or
any commodity or any article of trade, use, merchandise,
commerce or consumption below a common standard figure
or fixed value, or by which they shall agree in any manner
to keep the price of such article, commodity or transpor-
tation at a fixed or graduated figure, or by which they shall
in any manner establish or settle the price of any article,
commodity or transportation between them or themselves
and others, so as to directly or indirectly preclude a free
and unrestricted competition among themselves, or any
purchasers or consumers in the sale or transportation of
any such article or commodity, or by which they shall agree
to pool, combine or directly or indirectly unite any interests

144

Suit against
oflfending: corpo-
ration or associ-
ation for forfeit-
ure of charter ;
duty of attorney-
^reneral and
prosecuting
attorney.

Prohibition
against offend-
ing foreign cor-
poration ; duty
of attorney-
general.

Secretary of
state to revoke
certificate.

Conspiracy
against trade ;
penalty against
person engaged
therein.

What indict-
ment to contain.

that they may have connected with the sale or transporta-
tion of any such article or commodity, that its price might
in any manner be affected. Every such trust as is defined
herein is declared to be unlawful, against public policy and
void.

Section 2. For a violation of any of the provisions
of this act by any corporation or association mentioned
herein, it shall be the dut)' of the attorney-general, or the
prosecuting attorney of the proper county, to institute
proper suits or quo warranto proceedings in the court of
competent jurisdiction in any of the county seats in the
state where such corporation or association exists or does
business, or may have a domicile. And when such suit is
histituted by the attorney-general in quo warranto, he may
also begin any such suit in the supreme court of the state,
or the circuit court of Franklin county, for the forfeiture
,of its charter rights, franchises or privileges and powers
exercised by such corporation or association, and for the
dissolution of the same under the general statutes of the
state.

Section 3. Every foreign corporation, as well as any
foreign association, exercising any of the powers, franchises
or functions of a corporation in this state, violating any
of the provisions of this act, is hereby denied the right and
prohibited from doing any business in this state, and it
shall be the duty of the attorney-general to enforce this
provision by bringing proper proceedings in quo warranto
in the supreme court, or the circuit court of the county in
which defendant resides or does business, or other proper
proceedings by injunction or otherwise. The secretary of
state shall be authorized to revoke the certificate of any
such corporation or association heretofore authorized by
him to do business in this state.

Section 4. Any violation of either or all of the pro-
visions of this act shall be and is hereby declared a con-
spiracy against trade, and any person who itiay become
engaged in any such conspiracy or take part therein, or
aid or advise in its commission, or who shall as principal,
manager, director, agent, servant or employer, or in any
other capacity, knowingly carry out any of the stipulations,
purposes, prices, rates, or furnish any information to assist
in carrying out such purposes, or orders thereunder or in
pursuance thereof, shall be punished by a fine of not less
than fifty (|50) dollars nor more than five thousand (|5,000)
dollars, or be imprisoned not less than six months nor
more than one year, or by both such fine and imprison-
ment. Each day's violation of this provision shall con-
stitute a separate offense.

Section 5. In any indictment for any offense named
in this act, it is sufficient to state the purpose or effects of
the trust or combination. And that the accused is a mem-
ber of, acted with or in pursuance of it, or aided or assisted

145

in carrying oiit its purposes, without giving its name or
description, or how, when and where it was created.

Section 6. In prosecutions under this act, it shall Hvidence.
be sufficient to prove that a trust or combination, as de-
fined herein, exists, and that the defendant belonged to it,
or acted for or in connection with it, without proving all the
members belonging to it, or proving or producing any
article of agreement, or any written instrument on which
it may have been based ; or that it was evidenced by any
written instrument at all. The character of the trust or
combination alleged may be established by proof of its
general reputation as such.

SEcrioN 7. Each and every firm, person, partner- Penalty.
ship, corporation or association of persons, who shall in
any manner violate any of the provisions of this act, shall
for each and every day that such violations shall be com-
mitted or continued, after due notice given by the attorney-
general or any prosecuting attorney, forfeit and pay the
^vm of fifty ($50) dollars, which may be recovered in the
name of the state, in any county where the offense is com-
mitted, or where either of the offenders reside; and it shall ?i"iy°0*^* .
be the duty of the attorney-general, or the prosecutmg and prosccutinjr
attorney of any county on the order of the attorney-general, ""°"**^y'
to prosecute for the recovery of same. When the action where attorney-

^ . , '' . general may

:s prosecuted by the attorney-general agamst a corpora- bring action,
tion or association ot persons, he may begin the action in
the circuit court of the county in which defendant resides
or does business.

Section 8. That any contract or agreement in vio- niegai contract,
lation of the provisions of this act, shall be absolutely void
and not enforceable either in law or equity.

Section 9. That the provisions hereof shall be held Provi-sions
cumulative of each other and of all other laws in any way ^"™"
affecting them now in force in this state.

Section 10. It shall not be lawful for any person, unlawful to own

- . . ,. . f trust certifi-

partnership, association or corporation, or any agent there- cates or enter
of, to issue or to own trust certificates, or for any person, i?ion^°"^'""
partnership, association or corporation, agent, officer or
employe, or the directors or stockholders of any corpora-
tion, to enter into any combination, contract or agreement
with any person or persons, corporation or corporations,
or with any stockholder or director thereof, the purpose
and effect of which combination, contract or agreement
shall be to place the management or control of such com-
hination or combinations, or the manufactured product
thereof, in the hands of any trustee or trustees with
the intent to limit or fix the price or lessen the production
and sale of any article of commerce, use or consumption, or
to prevent, restrict or diminish the manufacture or output
^j any such article, and any person, partnership, associa- Penalty.
tion or corporation that shall enter into any such combina-
t'on. contract or agreement for the purpose aforesaid shall
10

146

Injury to busi-
ness or property
of another ; suit
for damages.

Who may be
made parties
defendant.

Definition of
terms.

When act takes
effect.

be deemed guilty of a misdemeanor, and on convictior
thereof shall be punished b)r a fine not less than fifty dol-
lars, nor more than one thousand dollars.

Section 11. In addition to the criminal and civil
penalties herein provided, any person who shall be injured
in his business or property by any other person or corpora
tion or association or partnership, by reason of anything
forbidden or declared to be unlawful by this act, may sue
therefor in any court having jurisdiction thereof in the
county where the defendant resides or is found, or an\
a^ent resides or is found, or where service may be ob
tamed, without respect to the amount in controversy, anc
to recover two-fold the damages by him sustained, and th<
costs of suit. Whenever it shall appear to the court befon
which any proceedings under this act may be pending, tha
the ends of justice require that other parties shall h
brought before the court, the court may cause them to b(
made parties defendant and summoned, whether they reside
in the county where such action is pending, or not

Section 12. The word "person" or "persons," when
ever used in this act, shall be deemed to include corpora
tions, partnerships and associations existing under or au
thorized by the state of Ohio, or any other state, or an]
foreign country.

Section 13. This act shall take effect and be in fore
from and after the first day of July, 1898.

HARRY C. MASON,
Speaker of the House of Representatives
ASAHEL W. JONES,
President of the SenaU
Passed April 19, 1898. 120G

[Senate Bill No. 227.]
AN ACT

Justices of the
peace:

Jurisdiction in
general limited
to townships.

Jurisdiction of
justices in par-
ticular cases.

To atnend sections 582, 583 and 584 of the Revised Statutes of Ohi<

Section 1. Be it enacted by the General Assembly o
the State of Ohio, That sections 582, 583 and 584 of tb
Revised Statutes of Ohio be amended so as to read a
follows :

Sec. 582. The jurisdiction of justices of the peace, i
civil cases, unless otherwise directed bv law, is limited t
the township wherein they have been elected, and wherei
they reside; but no justice of the peace shall hold coui
outside of the limits of the township for which he wa
elected.

Sec. 583. Justices of the peace within and co-exter
sive with their respective counties shall have jurisdictio
and authority:

147

1. To administer an oath, authorized or required by
law to be administered.

2. To take the acknowledgments of deeds, mortgages,
and other instruments of writing.

3. To solemnize marriages.

4. To issue subpoenas for witnesses and coerce their
attendance in causes or matters pending before them, or
other cause or matter wherein they are required to take
depositions.

5. To try the action of forcible entry and detention

or the detention only of real property, except in counties Exceptions as to
containing a city of the second grade of the first class, or FraSwff *°^
a city of the first grade, second class, the jurisdiction and co""^*"
authority of justices in such cases is limited to the township
for which they were elected.

6. To proceed against security for costs and bail for
the stay of execution on their dockets.

7. To issue attachments and proceed against the

goods and effects of debtors in certain cases, except in ^^^JJo**'***^***
counties containing a city of the second g^de of the first F?ank?ff *"
class, or of the first grade, second class, the jurisdiction ~"°**«®-
and authority in such cases is co-extensive only with the
township for which the justice was elected, but when said
justice has jurisdiction of the defendant because he resides
in the township for which said justice was elected or other-
wise as provided in section 584 of the Revised Statutes,
the jurisdiction of the justice in attachment shall be co-
extensive with the county.

8. To issue executions on judgments, rendered by
them.

9. To proceed against constables failing to make re-
turn, making false return, or failing to pay over money col-
lected on execution issued by such justice.

10. To try the right of the claimant to property taken
in execution or attachment.

11- To act in the absence of the probate judge in the
trial of contested elections of justices of the peace.

12. To try actions against other justices of the peace
for refusing or neglecting to pay over moneys collected in
their of&cisd capacity, where the amount claimed does not
exceed one hundred dollars; but nothing in this clause
shall be held to deny or impair any remedy provided by law
in such case by suit on the official bond of such justice of
the peace, or by amercement or otherwise, for such neg-
lect or failure to pay over money collected as aforesaid.

Sec. 584. No householder or freeholder resident of who to be sued
the county shall be held to answer a summons issued non°re?fdence^
against him by a justice in a civil matter in any township "ccpt»on«-
of such county other than the one where he resides, except
as otherwise provided by section five hundred and eighty-
three, and in the cases following:

148

First Where there is no justice of the peace for the
township in which the defendant resides.

Second. Where the only justice residing therein is
interested in the controversy.

Third. Where he is related as father, father-in-law,
. son, son-in-law, brother, brother-in-law, guardian, ward,

uncle, nephew, or cousin, to either of the parties, and there
is no justice in the township competent to try the cause
in the foregoing excepted cases, the action may be brought
before any justice of an adjoining township of the same
county, and the justice shall state on his docket the reason
for his taking jurisdiction.

Fourth. Where the summons is accompanied with an
order to attach property the jurisdiction is co-extensive with
Exceptions as to the county, exccpt in counties containing a city of the sec-
Frank?m*^° oud grade of the first class, or of the first grade, second
.counties. class, the jurisdiction is co-extensive only with the town-

ship for which the justice was elected, unless jurisdiction
of the defendant is otherwise obtained as provided else-
where in this section.

Fifth. Where two or more persons are jointly, or
jointly and severally, bound in any debt or contract, or
otherwise jointly liable for the same action, and reside in
different townships of the same county, the plaintiff may
commence his action before a justice of the township in
which any of the persons liable reside, but in joint actions
against the makers and endorsers of notes, due bills, or
bills of exchange, the action must be commenced in the
township claimed by the plaintiff that an endorser endorsed
the note or bill at the time it was made, and the jurisdic-
tion depends thereon, before the justice takes jurisdiction,
the plaintiff, or some person for him, shall file an affidavit
setting forth the fact

Sixth. In cases of trespass to real or personal prop-
erty, it shall be lawful to bring llie action in the township
where the trespass was committed, or in the township
where the trespasser, or any one of the several trespassers,
reside.

Repeals, etc. Sbction 2. That Slid Original sections 582, 583 and

584 of the Revised Statutes of Ohio are hereby repealed,
and this act shall take effect and be in fcnrc from and after
its passage.

HARRY C MASON,
Speaker of the Htmse of RepreseiOatwcs,

ASAHEL W. JONES,

President of the Senate,
Passed April 1«, 1898. 121G

149

[House Bill No. 382.]

AN ACT

To repeal section 6959 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6959 of the Revised Statutes Repeals, etc.
of Ohio, be and the same is hereby repealed.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,
Passed April 21, 1898. 122G

[House Bill No. 595.]

AN ACT

To amend section 1951 of the Revised Statutes of Ohio.

Section L Bj it enacted by the General Assembly of
the State of Ohio, That section 1951 be Amended so as to Police boards

• * «« andoflacers:

read as follows:

Sec* 1951. The director of police, whenever he sees f^^'fjfdutfw'in
fit, may, on the application of any person who shows the 3e5eiand ! Sow"
necessity thereof, or on the application of any special po- »ppo*nt«i.
lice company incorporated under the laws of the state of
Ohio for the purpose of doing night and day watching and
special police service, appoint any number of additional
patrolmen to do duty at any place within the city, at the
charge and expense of the person by whom the applica-
tion is made, and the patrolmen so appointed after being
sworn shall be subject to the orders of the director of po-
lice, and shall obey the rules and regulations of said direc-
tor, and conform to his general discipline, and to such
other special regulations as may be made, and such special
police so appointed by the said director shall wear such
dress or emblem as the director of police may direct, ex-
cept that such uniforms or emblems shall not be the same
as worn or adopted by the regular police. During the Powers, orivi-
tirae of their holding such appointment they shall possess i««*«»n^duiics.
aD the powers and privileges and perform all the duties
of the regular police force herein prescribed; provided, Deposit and
that the party so appointed shall first pay into the trust ^^^'
fund hereinbefore provided for the sum of ten dollars for
each special patrolman thus appointed, and they shall give
a bond in the same manner as the regular patrolmen in
the sum of fhre hundred dollars for each special patrolman

f":

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Previous dis-
missal bar to
appointment.

Removals.

Rep:-nls. etc.

150

thus appointed. The director of police shall not appoint
any person as special policeman who has been dismissed
from the fire or police department or any incorporated
special police company for a period of one year from time
of said dismissal. The director of police shall not grant a
commission to any person to perform special police duty
in more than one place, such as a hall, garden, theatre or
any other place of amusement, or night-watching beat, un-
less said special policeman be the regularly detailed patrol-
man or officer in the actual service of a special police com-
pany incorporated under the law^s of the state of Ohio, and
provided further, that the person so appointed may be re-
moved at any time by the director of police without as-
signing cause therefor, and the director of police shall
revoke the commission of any special policeman when just
complaint is filed against same, and the person or persons
whose commissions are so revoked for any violations of
the above regulations shall not be eligible for reappoint-
ment for a period oi one year from the time said commis-
sion or commissions are revoked.

Section 2. Said original section 1951 is hereby re-
pealed, and this act shall take effect and be in force from
and after its passage. HARRY C. MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 123G

Asylums for the
insane:

Proceedings
when a person
becomes again
insane.

Repeals, etc.

[House Bill No. 503.]

AN ACT

To amend section 712 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 712 of the Revised Statutes
of Ohio be so amended as to read as follows:

Sec. 712, When a person, discharged from an asylum
for the insane as cured, again becomes insane before such
person can again be admitted to an asylum for the insane,
the same proceedings shall be had as in case of an original
application for the admission of patients to an asylum, as
provided in sections 702, 703, 704 and 705 of the Revised
Statutes of Ohio.

Section 2. l his act shall take effect and be in force
from and after its passage, and original section number
712 be and the same is hereby repealed.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate,
Passed April 21, 1898. 124G

151

[House Bill No. 800.]

AN ACT

To amend sectiou 1369 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1369 of the Revised Statutes ^^^fi^fo^^^f"
of Ohio be so amended as to read as follows: ships: °^"

Sec. 1369. The trustees and treasurer shall hold their JSJ^^gf^^^^t
offices for three years, and a like election shall be held erection****"*"
every third year, of which the trustees shall give fifteen
days previous notice as aforesaid, and they failing so to
do, any elector may at any time thereafter, by like notice,
call an election. Provided, however, that in all counties can-oii county,
having at the last federal census a population of not less
than 17,566 nor more than 17,570, if said trustees shall at
any time fail to give said fifteen days* notice as aforesaid,
then the county auditor shall appoint from among the
electors of such township three trustees and one treasurer,
who shall hold their offices for the same term and perform
the same duties and have the same powers as if elected
as aforesaid.

Section 2. Said section 1369 of the Revised Statutes Repeals, etc.
be and the same is hereby repealed and this act shall take
effect and be in full force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 21, 1898. 125G

[House Bill No. 512.]

AN ACT

To amend section 670 of the Revised Statutes of Ohio, relative to
compensation of officers and employes of the blind asylum.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 670 of the Revised Statutes institution for
oi Ohio be amended so as to read as follows: the blind:

Sec. 670. Compensation shall be paid the following comgensation
named officers and employes, not exceeding the sums cLpi^ytJ?8.*°^
herein stated: To the matron four hundred dollars per
year, to the assistant matrons three hundred dollars each
per year, the housekeeper three hundred dollars per year,
tlie senior teacher in the literary department eight hundred
dollars per year, the second senior teacher in the literary
department seven hundred dollars per year, all other teach-
es in the literary department four hundred and fifty dol-
krs each per year, the professor of music one thousand

152

p.":-, '.J

Repeals.

dollars per year, one teacher of music in primary grade for
boys five hundred dollars per year, two teachers of music
five hundred dollars per year, all other teachers of music
three hundred dollars each per year, the teacher of bead
work one hundred and fifty dollars per year, the foreman
of broom shop six hundred dollars per year, and the engi-
neer one thousand dollars per year; but the teachers resid-
ing and boarding outside said institution may be paid in
addition to the foregoing not to exceed five dollars per
week in lieu of such board and residence during the time
of actual service, as teachers, out of the current expense
fund of said institution.

Section 2. That said original section 670 of the Re-
vised Statutes of Ohio is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON.
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 21, 1898. 126G

Conduct of elec-
tions :

Appoi

Of judgres and

clerks.

[House Bin No. 136.]

AN ACT

To amend section 2966—6 of the Revised Statutes of Ohio as
amended April 10, 1896 (92 vol. O. L., 146).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6 of an act, commonly known
as the ballot act, be amended so as to read as follows:

Sec. 2966 — 6. At least ten days before any annual or
general election, the deputy supervisors of each county
shall, when vacancies exist, appoint, in all precincts in
which the voters are not registered, four judges and two
clerks of election, residents of the precinct, who shall con-
Presiding judge, stitute the election * officcrs of such precinct; the deputy
supervisors shall designate one judge in each precinct, who
shall be selected from the dominant party in such precinct,
as determined by the next preceding November election,
to act as presiding judge. The terms of the judges and
clerks shall cease and terminate at the end of one year from
the date of their appointment, at which time, and annually
thereafter, their successors shall be appointed to similar
term of office, agreeably to the provisions of this act. Not
more than two judges and not more than one clerk shall
belong to the same political party. If a judge or clerk in
any precinct shall fail to appear on the morning of election »
the electors present shall, viva voce, choose a suitable per-
son, having the qualifications of an elector, to fill the

Terms.

Apportionment.

Vacancy.

153

\'acancy from the political party to which the absent judge

or clerk belonged. The judges and clerks shall each re- compensation..

ceive as compensation the sum of three (f3) dollars for their

services, which services shall be the receiving, recording,

canvassing, and making an abstract of all the votes that

may be delivered to them in the voting precinct in which

tliey preside on. each election day; provided, however, that

in cities where registration is required, the compensation

of judges and clerks of elections, shall remain as now fixed

by law. The judges and clerks of elections, appointed as Removals.

provided in this section, may be summarily removed from

office by the board of deputy state supervisors at any time

for n^lect of duty, malfeasance or misconduct therein, and

it; all cases the last appointment to either of such offices

for any precinct shall be recognized as valid. When any

such officers have been removed and new appointments

made, it shall be the duty of the board of deputy state

supervisors to immediately send notice to the board of

precinct officers. The presiding judge may be sworn by o^^^rs*^ *^*^^***°'

the clerk of the board or any member thereof, and may

himself administer the oath to tlie other election officers of

his ward, township, or precinct.

Section 2. That section 6 of an act, commonly known Repeals, etc.
as the ballot act, amended April 10, 1896 (92 O. L., page
146), is hereby repealed, and this act shall take effect and
bt in force from and after May 1st, 1898.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate,
Passed April 21, 1898. 127G

[House Bill No. 5o7.]
AN ACT

To enable cemetery associations to convey to township trustees
public buryiug grounds.

Section 1. Be it enacted by the Gefieral Assembly of
the State of Ohio, That whenever any public burying ground aUoifaSiforized
is focated in any township and not under the control of to convey bury-
any municipal corporation, the title or control of which is townJhri?
vested in any association or trustees thereof, such associa- ^«'"s'<^«s-
tion, or the trustees thereof, may convey the same to the
trustees of such township and their successors in office;
and the trustees of such township shall accept the same Acceptance by
and take possession thereof, and take care of and keep the ^'■"*^"s-
same in repair, and hold, treat and manage the same in all
respects as required by the statute relating to public bury-
ing grounds in and belonging to such township.

154

Repeal of incon-
sistent pro-
visions.

Section 2. That so much of section 1473 as is in
conflict with the provisions of this act be and the same is
hereby repealed.

Section 3. This act shall take eflfect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 21, 1898. 128G

Overhead wires;
how con-
structed.

Cross-arms.

[Senate Bill No. 89.]

AN ACT

For the better protection of trainmen employed on steam railroads.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That hereafter all telegraph, telephone,
electric light or other wires of any kind constructed over
the line of any steam railroad within the state of Ohio shall
b<: put up on good substantial poles of a size not less than
twelve inches in diameter at the bottom and not less than
six inches in diameter at the top and that they be set in
the earth not less than one-sixth of their length and well
tamped. Double cross-arms shall be used in all cases and
all wires shall be insulated with glass or porcelain insula-
Height of wires, tors, and securcly fastened to both cross-arms. All wires
to clear the top of the rails at least twenty-five feet, except
in cases of trolly wire crossings, when such height, as may
be agreed upon, is approved by the commissioner of rail-
roads and telegraphs shall govern. Where there is side-
strain, poles shall be well guyed or braced.

Section 2. It shall be the duty of the commissioner
of railroads and telegraphs to see that the provisions of
this act are enforced and he shall have the power to cause
the removal of any such telegraph, telephone, electric light
or other wires hereafter constructed over any railroad with-
in the state of Ohio not constructed according to the pro-
visions of this act.

Section 3. This act shall take effect and be in force
on and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 21, 1898. 129G

Duty of commis
missioner of
railroads and
telegraphs.

155

[House Bill No. 146.]
AN ACT

To define the construction of appliances for blowers for friction
wheels, and to amend an act entitled "An act to create a
better sanitary condition in workshops and factories where
dust-creating 'machinery is used."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the act entitled "An act to create shops and fac-
a better sanitary condition in workshops and factories where
dust creating machinery is used," passed April 17, 189(5
(0. L., vol. 92, pages 186 and 187), be amended so as to
read as follows:

Sec. 1. That all persons, companies or corporations qi^J^dln ftic-
operating any factory or workshop, where emery wheels toryorworic-
or emery belts of any description are used, either soHd dust-^eathig
emery, leather, leather covered, felt, canvas, linen, paper, machinery used,
cotton, or wheels or belts rolled or coated with emery or
corundum, or cotton wheels used as buffs, shall provide
the same with blowers, or similar apparatus, which shall
be placed over, beside or under such wheels or belts in
such a manner as to protect the person or persons using
the same from the particles of the dust produced and caused
thereby, and to carry away the dust arising from or thrown
ofiF by such wheels or belts while in operation, directly to
the outside of the building, or to some receptacle place, so
as to receive and confine such dust; provided, that grind- Exemptions,
ing machines upon which water is used at the point of the
grinding contact and small emery wheels that are used
temporarily for tool grinding and small shops employing
not more than one man at such work and do not create
dust enough in the opinion of the inspector to be injurious
to the operator, shall be exempt from the provisions of
this act

Sec. 2. It shall be the duty of any person, company or pp^'^^is;'* ^"*y

% e . 1 « ^ to provide appa-

corporation operating any such factory or workshop to ratus.
provide or construct such appliances, apparatus, machinery
or other things necessary to carry out the purpose of this
act, as set forth in the preceding section, as follows: Each bcTtteS**** ^**
and every such wheel shall be fitted with a sheet or cast
iron hood or hopper of such form and so applied to such
wheel or wheels that the dust or refuse therefrom will fall
from such wheels, or will be thrown into such hood or
hopper by centrifugal force and be carried off by the cur-
rent of air into a suction pipe attached to same hood or
hopper.

Sec 3. Each and every such wheel, six inches or less Branch suction
in diameter, shall be provided with a three-inch suction ^^^**
pipe; wheels six inches to twenty-four inches in diameter
with four-inch suction pipe; wheels from twenty-four inches
to thirty-six inches in diameter with five-inch suction pipe;
and all wheels larger in diameter than those stated above

156

Main suction
pipe.

Fans or blowers.

Branch suction
pipes to connect
with main pipe ;
location of main
pipe.

Duty of chief
and district in-
spectors of
workshops and
factories.

Notification by
chief inspector.

Penalty for non-
compliance.

shall be provided each with a suction pipe not less than
six inches in diameter. The suction pipe from each wheel,
so specified, must be full size to the main trunk suction
pipe, and the main suction pipe to which smaller pipes are
attached shall, in its diameter and capacity, be equal to
the combined area of such smaller pipes attached to the
same, and the discharge pipe from the exhaust fan, con-
nected with such suction pipe or pipes, shall be as large,
or larger, than the suction pipe.

Sec. 4. It shall be the duty of any person, company
or corporation operating any such factor}' or workshop to
provide the necessary fans or blowers to be connected with
such pipe or pipes, as set forth in this act, which shall be run
at a rate of speed such as will produce a velocity of air
in such suction or discharge pipes of at least nine thousand
feet per minute to an equivalent suction or pressure of air
equal to raising a column of water not less than five inches
in a U-shaped tube. All branch pipes must enter the main
trunk pipe at an angle of forty-five degrees or less; the
main suction or trunk pipe shall be below the emery or
buffing wheels, and as close to the same as possible, and
to be either upon the floor or beneath the floor on which
the machines are placed to which such wheels are attached.
All bends, turns or elbows in such pipes must be made with
easy, smooth surfaces, having a radius in the throat of not
less than two diameters of the pipe on which they are
connected.

Sec. 5. It shall be the duty of the chief inspector of
workshops and factories to cause his district inspectors to
inspect such workshops and factories in this state having
and using such machinery as is named in this act, as often
as he may deem advisable, and the district inspector shall
have entry to such workshops and factories at all times
when directed to make such inspection, and shall report
to the chief inspector such violations as he may find, and
the chief inspector shall notify the person or persons, com-
pany or corporation operating such workshop or factory
to comply with the provisions of this act within thirty days
after date of issuing order, which notification shall be
in writing and may be served by the district inspector or
mailed to the last known address of such person, persons,
company or corporation, which service shall be deemed
sufficient notice for the purpose of this act

Sec. 6. Any person, or persons, company or corpora-
tion, or agent having charge of or the management of such
workshop or factory, failing to comply with the provisions
of this act, and with such orders for changes as may be
issued by the chief inspector, within thirty days after the
same has been issued, shall be deemed guilty of a misde-
meanor, and upon conviction thereof before any court of
competent jurisdiction, shall be fined not less than fifty
dollars nor more than one hundred dc41ars for each offense
or imprisoned in the county jail not less than thirty days,

167

or both such fine and imprisonment, in the discretion of
the court.

Section 2. That said original act entitled "An act to Rcpeais,ctc.
create a better sanitary condition in workshops and factories
where dust-creating machinery is used," passed April 17,
1896 (O. L, vol. 92, pages 186 and 187), is hereby re-
pealed, and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Passed April 21, 1898. 130G

[House Bin No. 372.]

AN ACT

To authorize township trustees to improve public highways and
levy taxes therefor.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the trustees of any township in the Public ways:
state of Ohio, wherein no other system of road improve- provcmcnfof
racnt by macadamizing or graveling has heretofore been toSnlh^pt^us-
adopted and in use, be, and are hereby authorized to levy tecs,
and assess upon the taxable property of their respective
townships, a tax not exceeding four mills in any one year
upon the dollar valuation of the taxable property of such
townshq> in addition to other taxes authorized by law, for
the purpose of improving by macadamizing and graveling
the public highways in such township, as may be deemed
expedient or necessary by the board of trustees of such
township, and for no other purpose.

Section 2, That the taxes authorized to be levied collection of tax.
shall be placed by the county auditor upon the taxable
property of the township, and collected by the county
treasurer as other taxes, and when collected shall be paid
to the township treastirer of the township from which the
same was collected, and be under the control of the town-
ship trustees thereof^ for the purpose of improving by
macadamizing and graveling the public highways of such
township.

Section 3. The boartl of trustees shall designate the Trustees to de-
road CM- roads to be improved, which shall be, first, the foJTmprov??'
roain and leading road or roods of the township, and upon f^Ssteer^^*^* ^^
which the material can be most easily procured. The board
of trustees after havii^ determined which road or roads
are to be improved, shall examine such road or roads and
ascertain if the proposed road or roads are sufficiently
graded and drained, and if such be not the case, they may
take to their assistance a competent surveyor or engineer.

158

Consolidation of
districts.

I««tting of work.

Notice by publi-
cation; contract
to be let to
lowest bidder ;
bond.

Donations.

Payment for
work and mate-
rial.

Overseer; com-
pensation.

whose duty it shall be to make, under the direction of the
board of trustees, a survey and level of the road or roads
as selected, fix the grade of the road or roads, and the
grade and capacity of the drains on the sides thereof. The
trustees shall cause to be constructed all necessary culverts
on such road or roads, fix the width of the graveled, paved
or macadamized track not less than nine feet nor more than
sixteen feet, and the depth thereof not less than eight
inches nor more than twelve inches in the center, and the
slope from the center to the sides. The trustees may
consolidate the road districts, through which any such pro-
posed road improvement passes, and direct the supervisors
of such road districts to work the two days' labor in such
district in hauling the material, such as crushed stone or
gravel upon such road. The work of hauling the material
upon the road in such road district shall be under the super-
vision of the supervisor of such district, but be performed
in such manner as shall be prescribed by the trustees.

Section 4. A majority of the board of trustees shall
be necessary to order the said road improvement, and the
work of the construction, and the furnishing of the material
for such road improvement shall be publicly let; except-
ing such work as may be done by the supervisors of the
road district as herein provided. The contract for the ma-
terial to be used in the construction of said road improve-
ment, and the contracts for hauling said material upon the
roads, shall be let separately.

Section 5. The trustees, after having given public
notice of the time and place of such letting for at least two
weeks, in a newspaper of general circulation in the town-
ship or county, or by hand-bills, or both, at the discretion
of the board of trustees, specifying the kind and quality of
the material, and the part of the road upon which the same
is to be used, shall let the same to the lowest bidder, who
shall give bond to the acceptance of the trustees. The trus-
tees may accept donations of material or labor which may
be offered by any person or persons for the benefit of any
or all roads to be improved, and the road upon which the
largest donation is offered shall be constructed first. The
bids for the material and for the work of hauling the same
shall be separately stated, and the trustees may reject any
Of all bids. The trustees shall examine and accept the
work when completed, and ascertain the amount of ma-
terial furnished under the provisions of this act, and if
found in all respects correct, shall draw an order for the
amount due for work, or for material furnished, upon the
township treasurer, which shall be countersigned by the
township clerk.

Section 6. The board of trustees may appoint one
of their nimiber, or some other suitable person, who shall
oversee the work, and for services rendered under the pro-
visions of this act, [and] they shall be entitled to receive,
for each day actually employed, the sum of one dollar and

159

fifty cents per day, and the trustees shall provide for the ^^^^^'^^^ \°q^^
township clerk a suitable book in which there shall be shi^'cierk.*^"
kept a complete record of the business transacted under
the provisions of this act; and it is hereby made his duty ^*{Jy°ng^\io^*
to keep a full and complete record of the action of the *^°°*p*°" ***"•
board of trustees under this act, and the township clerk, for
making such record, shall be entitled to receive ten cents
per hundred words, and for all other services such reason-
able compensation as may be allowed by the board of
trustees.

Section 7. The fees of the township officers, the en- ^STromro^
gineer, and the person who may be appointed by the board Kind,
of trustees under the provisions of this act, shall be paid
out of the township road fund. But before any payments item«cd
shall be made for services rendered under the provisions "*^*^"°'*-
of this act, the person entitled thereto shall make out and
file with the township clerk, an itemized account of his
services, whereupon the trustees shall, if they find the
same correct, draw an order on the township treasurer,
countersigned by the township clerk.

Section 8. The roads graveled, paved or macadam- ^Jc^*^** *i|.g
ized under the provisions of this act shall be free to the ^^ ' '^^^^^
public travel, and shall be kept in repair by the trustees
out of the funds that come into the township treasury from
the county treasurer, as provided for in section one thou-
sand four hundred and fifty-nine (1459) of the Revised
Statutes of Ohio.

Section 9. This act shall take effect from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 21, 1898. 131G

[House Bill No. 147.]

AN ACT

To amend and change the sectional numberings of "An act for
the regulation of the manufacture of flour and meal food
products."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the above named act, passed April Labor:
27, 1896 (O. L., vol. 92, pages 393 and 394), be amended
so as to read as follows:

Sec. 1. All buildings or rooms occupied as biscuit, Drainagre,
bread or cake bakeries shall be drained and plumbed in JiSuuufnSf
a manner to conduce to the proper healthful and sanitary bakeries,
condition thereof, and constructed with air-shafts, windows
or ventilating pipes, sufficient to insure ventilation, such

158

Consolidation of
districts.

letting of work.

Notice by publi-
cation; contract
to be let to
lowest bidder ;
bond.

Donations.

Payment for
work and mate-
rial.

Overseer; com-
pensation.

Section 5. The trustees, after having given public
notice of the time and place of such letting for at least two
weeks, in a newspaper of general circulation in the town-
ship or county, or by hand-bills, or both, at the discretion
of the board of trustees, specifying the kind and quality of
the material, and the part of the road upon which the same
is to be used, shall let the same to the lowest bidder, who
shall give bond to the acceptance of the trustees. The trus-
tees may accept donations of material or labor which may
be offered by any person or persons for the benefit of any
or all roads to be improved, and the road upon which the
largest donation is offered shall be constructed first. The
bids for the material and for the work of hauling the same
shall be separately stated, and the trustees may reject any
or all bids. The trustees shall examine and accept the
work when completed, and ascertain the amount of ma-
terial furnished under the provisions of this act, and if
found in all respects correct, shall draw an order for the
amount due for work, or for material furnished, upon the
township treasurer, which shall be countersigned by the
township clerk.

159

fifty cents per day, and the trustees shall provide for the
township clerk a suitable book in which there shall be
kept a complete record of the business transacted under
the provisions of this act; and it is hereby made his duty
to keep a full and complete record of the action of the
board of trustees under this act, and the township clerk, for
making such record, shall be entitled to receive ten cents
per hundred words, and for all other services such reason-
able compensation as may be allowed by the board of
trustees.

Section 7. The fees of the township officers, the en-
gineer, and the person who may be appointed by the board
of trustees under the provisions of this act, shall be paid
out of the township road fund. But before any payments
shall be made for services rendered under the provisions
of this act, the person entitled thereto shall make out and
file with the township clerk, an itemized account of his
services, whereupon the trustees shall, if they find the
same correct, draw an order on the township treasurer,
countersigned by the township clerk.

Section 8. The roads graveled, paved or macadam-
ized under the provisions of this act shall be free to the
public travel, and shall be kept in repair by the trustees
out of the funds that come into the township treasury from
the county treasurer, as provided for in section one thou-
sand four hundred and fifty-nine (1459) of the Revised
Statutes of Ohio.

Section 9. This act shall take effect from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 131G

Record to be
kept by town-
ship clerk.

Duty of clerk ;
compensation.

Bxpcnsea to be
naid from road
fund.

Itemized
accounts.

Roads to be
free; repairs.

[House BUI No. 147.]

AN ACT

To amend and change the sectional numberings of "An act for
the regulation of the manufacture of flour and meal food
products."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the above named act, passed April Labor:
27, 1896 (O. L., vol. 92, pages 393 and 394), be amended
so as to read as follows:

Sec. 1. AH buildings or rooms occupied as biscuit, Drainagre,
bread or cake bakeries shall be drained and plumbed in ?illuhJ5onSf
a manner to conduce to the proper healthful and sanitary i>ateries.
condition thereof, and constructed with air-shafts, windows
or ventilating pipes, sufficient to insure ventilation, such

160

"Wash-rooms,
water-closets,
earth-closets,
privy or ash-pit.

Height of room;
side-walls aud
ceilings.

Furniture and
utensils.

Storage of man-
ufactured pro-
ducts.

Sleeping places.

Certificate of
compliance.

Additional dis-
trict inspectors.

Compliance with
Motice requiring
alterations ;

as the chief or district inspector shall direct; and no cellar or
basement not now used as a bakery, shall be hereafter used
and occupied as a bakery, and a cellar heretofore occupied
shall, when once closed, not be reopened, unless tlie pro-
prietor shall have previously complied with the provisions
of this act.

Sec. 2. Every such bakery shall be provided with a
proper wash room and water-closet or closets, apart from the
bake-room or rooms where the manufacturing of such food
products is conducted; and no water-closet, earth-closet,
privy or ash-pit shall be within or communicate directly
with a bakeshop, or any bakery for a hotel or public res-
taurant.

Sec. 3. Every room used for the manufacture of flour
or meal food shall be at least eight feet in height; the side
walls of such rooms shall be plastered or wainscoted, ceil-
ing plastered or ceiled with lumber or metal, and if re-
quired by the inspector, shall be whitewashed at least once
in three months, and the furniture and utensils of such
rooms shall be so arranged as to be easily moved, that
the furniture and floor may at all times be kept in proper
healthful sanitary condition.

Sec. 4. The manufactured flour or meal food products
shall be kept in perfectly dry and airy rooms, so arranged
that the floors, shelves, and all other facilities for storing
the same can be easily and perfectly cleaned.

Sec. 5. The sleeping places for persons employed in a
bakery shall be kept separate from the room or rooms
where flour or meal food products are manufactured or
stored, and the chief inspector or district inspefctor may in-
spect such sleeping places, if they are on the same premises
as the bakery, and order them cleaned or changed in com-
pliance with sanitary principles.

Sec. 6. After the inspection of a bakery has been
made and it is found to conform to this act, the chief in-
spector may issue a certificate to the owner or operator
of such bakery, that it is conducted in compliance with all
the provisions of this act; but where orders are issued by
the inspector to improve the condition of a bakery no such
certificate shall be issued until such order and the pro-
visions of this act shall have been complied with.

Sec. 7. For the purpose of enforcing this act, the
chief inspector of workshops and factories shall appoint
two additional district inspectors who shall be appointed
in the same manner and possess tlie same qualifications,
and whose term of oflSce shall be the same, and on the
same conditions and clothed with the same powers, and
receive the same compensation as the district inspector
authorized by section 2573a including sections two and
three, section 2573a— 2, 25736 and 2573r Revised Statutes.

Sec. 8. The owner, agent or lessee of any property
affected by the provisions of this act, shall within thirty

161

Penalty for vio>
lations or re-
fusal to comply
with require-
ment or in-
spector.

days after the service of a notice requiring any alterations form and sei^ice

to be made in or upon such premises, comply therewith, ° "°*^ "® ****

and such notice shall be in writing and may be served upon

such owner, agent or lessee either personally or by mail,

and a notice mailed to the last known address of such

owner, agent or lessee, shall be deemed sufficient for the

purpose of this act.

Sec. 9. Any person who violates the provisions of
this act or refuses to comply with any requirement of the
chief or district inspector, as provided herein, shall be guilty
of a misdemeanor, and on conviction thereof before any
court of competent jurisdiction, shall be punished by a
fine of not less than twenty or more than fifty dollars for
the first offense, and not less than fifty nor more than one
hundred dollars for the second offense, or imprisonment
for not more than ten days, and for the third offense by a
fine of not less than two hundred dollars and not more
than thirty days' imprisonment.

Section 2. That the act cited in the title of this act, Repeals, etc
passed April 27, 1896 (O. L., vol. 92, pages 393 and 394),
is hereby repealed, and this act shall take effect from and
after its passage.

Harry c. mason,

speaker of Ihe House of Representatives.
ASAHEL W. JONES.

President of the Senate.
Passed April 21, 1898. 132G

[House Bill No. 160.]

AN ACT

To amend and change the sectional numbering of an act for the
suppression of mob violence, passed .\pril 10, 1896.

Section 1. Be it enacted by the General Assembly of
tke State of Ohio, That an act for the suppression of mob ccruin statii-
violence, passed April 10, 1896, be amended so as to read '^^^ "«''** =
ab follows:

Section 2. That any collection of individuals, assem- ;;Mob"aiid
bled for any unlawful purpose, intending to do damage or dlSoSJ"'"
injury to any one or pretending to exercise correctional
power over other persons by violence, and without author-
ity of law, shall for the purpose of this act be regarded as
a "mob," and any act of violence exercised by them upon
the body of any person, shall constitiite a "lynching."

Section 3. The term "serious injur}%" for the pur-
pose of this act, shall include any such injury as shall per-
nianently or temporarily disable the person receiving it
from earning a livelihood by manual labor.

Section 4. Any person who shall be taken from the
hands of the officers of justice in any county by a mob,

"Serions injury"
defined.

Damaipes in case
of assault.

162

Damages in case
of lynching.

Damages recov-
erable by legal
representative
or victim of
lynching.

Disposition of

Actions.

Order to include
recovery and
costs in tax levy.

Guardian's cus-
tody, etc.; fees.

County's right of
action again Ht
member of mob.

and shall be assaulted by the same with whips, dubs, mis-
siles, or in any other manner, shall be entitled to recover
from the county in which such assault shall be made any
sum not to exceed one thousand dollars, as damages, by
action as hereinafter provided.

Section 5. Any person assaulted by a mob and suf-
fering lynching at their hands, shall be entitled to recover
from the county in which assault is made, any sum not
to exceed five hundred dollars; or if the injury received is
serious, any sum not exceeding one thousand dollars; or
if it result in .permanent disability to earn a livelihood by
manual labor, any sum not to exceed five thousand dol-
lars.

Section 6. The legal representative of any person
suffering death by lynching at the hands of a mob, in any
county in this state, shall be entitled to recover of the
county in which such lynching may occur, any sum not to
exceed five thousand dollars damages for such unlawful
killing. Said recovery shall be applied first to the main-
tenance of the family and education of the minor children
of the person so lynched, if any be left surviving him, until
such minor children shall become of legal age, and then
be distributed to the survivors, share and share alike, the
widow receiving a child's share. If there be no wife or
minor children left surviving ' such decendent, [decedent]
the said recovery shall be distributed among the next of kin
according to the laws of the distribution of the personalty
of an intestate. Such recovery shall not be regarded as a
part of the estate of the person lynched, nor be subject to
any of his liabilities. Any person suffering death or injur\'
at the hands of a mob engaged in an attempt to lynch an-
other person, shall be deemed within the provisions of this
act, or he or his legal representatives shall have the same
right of action thereunder as one piirposely injured or
killed by such mob.

Seption 7. Actions for the recoveries provided for in
this act [may] be begun in any court having original juris-
diction of an action for damages for malicious assault
within two years of the time of such lynching.

Section 8. An order to the commissioners of any
county against which such recovery may be made, to in-
clude the same with costs of action in the next succeeding
tax levy for said county, shall form a part of the judgement
in every such case.

Section 9. In case the decedent has left minor chil-
dren him surviving, the fund shall be turned over to a
regularly appointed guardian, who shall. apply the same
under the direction of the judge of probate, allowing not
more than five hundred dollars for counsel fees in the
action for such recovery.

Section 10. The county in which any lynching shall
occur shall have a rigrht of action to recover the amount ot

163

any judgment against it in favor of the legal representa-
tives of any person killed »or seriously injured by a mob,
including costs, against any of the parties composing such
mob. Any person present with hostile intent at such lynch-
ing shall be deemed a member of the mob J^nd shall be
liable to such action.

Section 11. In .case a mob shall carry a prisoner into o? a?tioS"*^**^
another county, or shall come from another county to com- against oth«r
mit violence on a prisoner brought from such county for *^°""^y-
safekeeping, the county in which the lynching was com-
mitted may recover the amount of the judgment and costs
against the county from which the mob came, unless there
was contributory negligence on the part of officials of said
county in failing to protect the prisoner or aisperse said
mob.

Section 12. Nothing in this act shall be held to re- Non-reiief from

,. J • « « « • r prosecution.

heve any person concerned m such lynchmg from prose-
cution for homicide or assault for engaging therem.

Section 13. Said original act is hereby repealed. Repeals.

Section 14. This act shall be in force from and after
the time of its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 133G

[House Bill No. 238.]
AN ACT

For regulating the weighing of coal at the mine where mined.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That whoever shall be employed to weigh ^al^^^ja\1i o^f
coal as it comes from the mine where mined, where such we1gh?nastcr.
weight shall be the weight upon which the amount of
mining for the person mining such coal shall be estimated,
and the weight upon which the royalty due the owner of
the lands from which such coal shall be mined, shall be
estimated at any mine where ten or more miners shall be
employed, shall take and subscribe an oath before some
competent officer to administer such oath, that he will
correctly weigh all coal taken from such mine under exist-
ing contracts between operator, miner and landowners,
and give due credit for the same to the miner mining such
coal in said mine, and the landowner when required, own- ^^}^^^^ '^"^^^
ingthe lands from which such coal is mined, and shall enter
into bond in the sum of three hundred dollars, with two suf-
ficient sureties and payable to the state of Ohio, said bond
U' be approveu by and filed with the township clerk of the
township where such mine may be situated for the faith-

owner.

164

Ihity of prose-
cuting attorney.

Penalty.

When act takes
effect.

ful discharge of such oath. Said oath to be endorsed upon
said bond.

Section 2. It shall be the duty of the prosecuting
attorney of the county in which such mine is situated, to
prosecute a)l persons charged with violation of such oath.
Section 3. Any person convicted of such violation
shall be fined in the sum of not less than fifty dollars, nor
more than five hundred dollars, or imprisoned in the county
jail of the county \^fhere conviction is had for not less than
ten days nor more than sixty days, or both, at the discre-
tion of the court.

Section 4. This act shall take effect and be in force
from and after September 1, 1898.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. TONES,

President of the Senate.
Passed April 21, 1898. 134G

Iiiiipector of
mines:

Employment of
minors.

Record of em-
ployees.

Inspection ol
record.

Repeals, etc.

{House Bill No. 35.]

AN ACT

To regulate the employinenl of minors in the mines of the state
of Ohio, and to amend section 302 of the Revised Statutes of
Ohio, passed April 16, 1888 (O. L., vol. 85, page 325).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 302 be so amended as to
read as follows:

Sec. 302. No child under fifteen years of age shall
be allowed to work in any mine, and in all cases of minors
applying for work the ag^nt of such mine shall s(£e that
the provisions of this section are not violated; he shall
also keep a record of all minors employed by him, or by
any person employed in said mine, giving the name, age,
place of birth, parents* name and residence, with character
of employment, and he shall demand from such minor
proof, that he has complied with the reqiiirements of the
school laws; and it shall be the duty of the mine inspector
to inspect such record and to report to the chief inspector
of mines the number of minors employed in or about sucn
mines and to enforce the provisions of this section.

Section 2. That said section 302 of the Revised
Statutes of Ohio, passed April 16, 1888 (O. L., vol. 85,
page 325), be and the same is hereby repealed, and this
act shall take eflFect and be in force from and after its

P^ss^^^- HARRY C MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 135G

165

City district of
the first class.

City districts of
the second and
third grades of
the first class.

[House Bill No. 730.]

AN ACT

To amend section 3885 and Section 3886 of the Revised Statutes
of Ohio, as amended March 10, 1898.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 3885 and 3886 of the Re- schools:
vised Statutes of Ohio, as amended March 10, 1898, be
amended to read as follows:

Sec. 3885. The state is hereby divided into school classification,
district.'-i to be styled respectively, city districts of the first
grade of the first class; city districts of the second grade
of the first class; city districts of the third grade of the
first class; city districts of the first class; city districts of
the second class; village districts; special districts and
township districts.

Sec. 3886. Each city having a population of 10,000
01 more together with the territory attached to it for schqpl
purposes, if any, and excluding the territory within its cor-
porate limits . detached for school purposes, if any, shall
constitute a school district to be styled a city district of the
first class; cities of the second and third grades of the first
class, together with the territory outside of their respective
corporate limits, if any, attached to them for school pur-
poses, and excluding the territory within their corporate
limits, detached for school purposes, if any, shall consti-
tute respectively school districts to be styled city districts
of the second and third grades of the first class ; and each
district that has heretofore been constituted a city district
of the first class, shall remain such, except as herein other-
wise provided.

Section 2. All statutes and parts of statutes now in
force, which by their terms apply to city districts of the
third grade of the first class shall apply to all such dis-
tricts created by this act; and all acts heretofore done and
proceedings taken ih pursuance of such statutes or parts
of statutes in any district in a city of the third grade of
the first class and hereby constituted a city district of the
third grade of the first class as defined in section one of
this act, shall be deemed and held to be valid and leg^l
for all purposes, the same as if this act had been passed
and in force before such statutes or parts of statutes were
enacted.

Section 3. That said original section 3885 and sec- Repeals,
tion 3886, as amended March 10, 1898, be and the same
are hereby repealed.

Section 4. This act shall take effect and be in force
from and after its passage. hARRY C. MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April ,21, 1898. 136G

Application of

existing

statutes.

166

I,evces :

Assessments for
operatine ex-
penses of flood-
gate, pump, ele-
vator, etc.

County levee
committee; ap-
pointment;
terra; vacancy.

Organization ;
annual meeting.

Record of pro-
ceedings.

Hearings by
committee; levy
to be made ac-
cording to bene-
fits.

Naming of
levees.

[House Bill No. 493.]

AN ACT

To further supplement section 4599, Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4599 of the Revised Statutes
of Ohio be further supplemented by sections 45996, 4599r
and 4599rf to read as follows:

Sec. 45996. There shall be levied and assessed accord-
ing to benefits, each year, upon all the lands benefited by
any particular levee, a sum sufficient to defray the operating
expenses of any flood gate, pump or elevator, or for the
purpose of defraying the expense of any repair or improve-
ment of the same or of any levee and for all contingent
expenses. . ^

Sec. 4599r. The probate judge, upon application of a
majority of the persons interested in a levee now con-
structed, or that may hereafter be constructed under this
chapter, shall appoint three competent freeholders of the
county not interested in any levee within the county, who
shall be known as the "county levee committee," and who
shall hold office for two years and until their successors
are appointed, and in case of a vacancy from any cause,
the probate judge may fill such vacancy for the unexpired
term. Said committee shall elect one of their number sec-
retary and the oldest member thereof shall be president,
and said committee shall meet annually .on the first Thurs-
day of May, at ten o'clock a. m., at the office of the county
commissioners, which meeting shall be a public meeting
for all persons interested in any levee within such county,
and said committee shall keep a correct record of all their
proceedings in a book to be provided for that purpose.
Said committee shall hear all persons interested in any
levee, and shall determine the amount of money that will
be necessary to defray the expenses mentioned in section
45996, for each particular levee, for the period of one year,
and such amount so determined by said committee, shall
be levied and assessed, at such annual meeting or at an
adjournment thereof, not exceeding ten days thereafter,
•upon all the lands benefited by each particular levee, ac-
cording to benefits to be determined by said committee,
and said committee shall give a name to each particular
levee, and shall certify the amount levied and assessed upon
each parcel of land, for each particular levee, to the county
auditor who shall place the same upon the tax duplicate
of the county against said lands and the same shall be col-
lected by the county treasurer as other special assessments
are required to be collected by law together with all simi-
lar penalties, and when the same shall be collected the same
shall remain in the hands of the county treasurer in a fund
to be named the same as given by said committee to said

167

levee, as aforesaid, to be certified to the auditor upon cer-
tifying the first assessment under this act.

Sec. 4599d. Said county committee is hereby author- contracts,
ized, upon a petition in writing signed by a majority of the
persons assessed for any levee, to enter into any and all
necessary contracts for the repair, operation, improvement
and maintaining of any levee, pump, elevator or flood gate,
which may be prayed for in said petition, and all contracts
so made by them shall not be binding upon them person-
ally, but in their official capacity, and all of the same shall
be paid out of the aforesaid funds from the county treas-
urer so levied and collected to meet the same, upon the
warrant of the county auditor stating the name of the fund
against which the warrant is drawn, but before any such committee to
warrant shall be drawn by the county auditor, said county J?8*fSr^on*cy;*
committee shall first approve and allow a voucher therefor ^^^^ *° conuin.
which shall be signed by said corhmittee or a majority
thereof and filed with said auditor, and said voucher shall
state the name of the levee, and the fund out of which any
claim is to be paid, and the warrant drawn by the auditor
shall be against the fund* mentioned in such voucher, and
the auditor shall keep accounts of each levee fund with
said treasurer the same as in other cases. Said committee compensation of
shall each receive f2.00 per day for their service to be al-
lowed by the county commissioners and paid out of the
county treasury not to exceed f20.00 in any one year for
each member.

Section 2. This act shall be in force and take effect
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 137G

committee.

[House Bill No. 499.]

AN ACT

To amend section 567 of the Revised Statutes.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 567 of the Revised Statutes justices of the
bt amended to read as follows: peace:

Sec. 567. When a vacancy occurs in the office of vacancy in
justice of the peace in any township in the state, either by m^St'bJ^^*"*'
death, removal, absence at any one time for the space of trustees,
six months, resignation, refusal to serve or ottierwise, the
trustees, having notice thereof, shall, within ten days from
and after such notice, fill such vacancy by appointing a suit-
able and qualified resident of the township, who shall serve
as justice until the next regular election for justices of the

|:fff;

168

Blection to fill
▼acancy.

Duty of clerk of
court.

Notification to
clerk by town-
ship tmatees.

Additional jus-
tice; what cer-
tificate of elec-
tion to contain.

Kepeals, etc.

peace and until his successor is elected and qualified; and
a majority vote of the trustees shall be sufficient to appoint
At the next regular election some suitable person shall be
elected justice in the regular way to fill the unexpired term,
if any, of the justice originally elected to such office; and
the clerk of the court of common pleas, in certifying to
the secretary of state the election or appointment of a jus-
tice of the peace to fill any vacancy, as aforesaid, shaD
specify in his certificate the name of the justice of the peace
whose place is supplied by the person whose election is
certified to, and also the date when such vacancy occurred;
and to enable the clerk of the court to comply with so much
of this section as relates to his duties, the trustees shall no-
tify him of any vacancy, as aforesaid, and the date when
it occurred ; and in case the election of an additional justice
of the peace in any township is authorized by the proper
authority, the clerk of the court, in certifying his election
to the secretary of state, shall state in his certificate that he
is such additional justice of the peace so authorized and
elected.

Section 2. Said original section 567 is hereby re-
pealed, and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of RepresentaHi*es.

ASAHEL W. JONES,

President or the Senate.
Passed April 21, 1898. 138G

[House Bill No. 545.]

AN ACT

To amend section 7088 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
Frauds, fomry, the State of Ohio, That section 7088 of the Revised Statutes
counterfeitTng : ^j Qhio be amended to read as follows :

sendinflTiettcn, Scc. 7088. Whoever writes or prints the whole or any

mo'i^r penalty, part of any letter, telegram or other instrument, or sends,
in any manner, any letter, telegram or other instrument, to
any person in this state or elsewhere, with intent to obtain
from any person any thing of any value, and to wrong and
defraud any person, shall, upon conviction thereof, if the
value of the property intended to be obtained is thirty-five
dollars or more, be imprisoned in the penitentiary not more
than five years nor less than one year, or if the value is
less than that sum, be fined not more than fifty dollars, or
be imprisoned not more than sixty nor less than ten days,
or both.

169

Section 2. Said original section 7088 is hereby re- Repeals, etc.
pealed, and this act shall take effect from and after its
passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
I^assed April 21, 1898. 139G

[House Bill No. 340.]

AN ACT

To amend section 1707 of the Revised Statutes of Ohio, as amended
May 14, 1894.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1707 of the Revised Statutes officers of ciUes.
of Ohio, as amended May 14, 1894, be and the same is
hereby amended so as to read as follows, to wit:

Sec. 1707. The officers of a city of the second class, ^^^%^l^^^^^-
e-xcept in cities of the second grade of the second class,
shall consist of a mayor, a marshal, except as hereinafter
provided, a city solicitor, a city commissioner, who shall
bt superintendent of streets and highways, a treasurer, ex-
cept as provided in section seventeen hundred and eight,
all of which officers shall be chosen by the electors, except
as hereinafter provided, and a clerk, who shall be chosen
by the council; and in cities of the third grade of the second cuJI'thiS?^"*^
class there shall also be a police judge, prosecuting attorney gnSc.
of the police court and clerk of the police court, which offi-
cers shall be chosen by the electors thereof; and the council Power of council

... .. ,. , .. to create addi-

may, when in its opmion expedient, create by ordinance tionai offices,
the office of auditor, civil engineer, sealer of weights and
measures, fire engineer and superintendent of markets, and
provide for their election or appointment, and compensa-
tion; provided, that the provisions as to marshal shall be Marshal,
subject to the provisions contained in the fourth subdi-
vision of chapter five, of the fifth division of this title; and
provided further, that in cities of the third grade of the
second class, the council may, when iii its opinion expedi-
ent, abolish by ordinance the office of marshal; and pro- ^^*J**^^^°'
vided further, that in cities of the fourth grade a of the cities to*aboi?8h
second class, and in all cities of the fourth grade of the «ftain offices,
second class, the council may, when in its opinion ex-
pedient, abolish by ordinance the office of marshal, and
by ordinance create the office of the chief of police.

Section 2. That original section 1707 of the Re- Repeals,
vised Statutes, as amended May 14, 1894 (91 O. L., page
236), be and the same is hereby repealed.

170

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the Hmise of •^Representatives.
ASAHEL W. JONES,

President of the Snutc.
Passed April 21. 1898. 140G

[House Bill No. 511.]

AN ACT

To amend section 3641 of the Revised Statutes of Ohio, as amended
April 18, 1894 (O. L.. vol. 91. page 138).

Section 1. Be it enacted by the General Assembly of
^an"™ oth^™' '^ ^^^^ ^^ Ohio, That section 3641 of the Revised Statutes
thin7i?c:^^ of Ohio, as amended April 13, 1894, be so amended as to

read as follows:
Powers of com- Scc. 3641. A company organized under this chapter

panics. ^^^ ^

1. Insure houses, buildings and all other kinds of
property against loss or damage by fire and lightning and
tornadoes, in and out of the state, and make all kinds of
insurance on goods, merchandise and other property in the
course of transportation, whether on land or water, or on
any vessel or boat wherever the same may be.

2. Make insurance on the health of individuals and
against personal injury, disablement or death, resulting
from traveling or general accidents by land and water;
make insurance against loss or damage resulting from
accident to property, from cause other than fire or light-
ning; guarantee the fidelity of persons holding places of
public or private trust, who may be required to, or do, in
their trust capacity, receive, hold, control, disburse public
or private moneys or property ; guarantee the performance
of contracts other than insurance policies, guarantee the
validity of titles to real property, and execute and guarantee
bonds and undertakings required or i>ermitted in all ac-
tions or proceedings, or by law allowed.

3. Make insurance on the lives of horses, cattle or
other live stock against loss by death caused by accident,
disease, fire or lightning, and against loss by theft and
damage by accident, provided, that such company shall
have a capital of one hundred thousand dollars, with at
least twenty-five (25) per cent, of the capital stock paid up

4. Receive on deposit and insure the safe-keeping oi
books, papers, moneys, stocks, bonds and all kinds of per-
sonal property; lend money on bottomry or respondentia
and cause itself to be insured against any loss or risk il
may have incurred in the course of its business, and upor
the interest which it may have in any property by means

171

0! any loan which- it may Have made on mortgage, bot-
tonin- or respondentia, and generally to do and [perform]
all other matters and things proper to promote these ob-
jects; but no company shall be organized to -issue policies of Limiutioii.
insurance for more than one of the above four mentioned
purposes, and no company organized for either one of
said purposes shall issue policies of insurance of any other;
provided, however, that no company, organized under the ^P^aro^j^^e"**^*^^
laws of the state to transact the business of guaranteeing ?omplnics.^^
the fidelity of persons holding places of public or private
trust, or of executing or guaranteeing bonds or under-
takings, as aforesaid, shall commence business until it has
deposited with the superintendent of insurance two hun-
dred thousand dollars in securities permitted by sections
3637 and 3638 of the Revised Statutes, which shall be held
bv said superintendent {or the benefit and security of all
the policy-holders of the company, and which shall not
be received by the said superintendent at a rate above their
par value; nor shall a conlpany, organized under the laws
of another state, be licensed to transact anv such business
in this state unless at least two hundred thousand dollars
of its assets are invested in securities permitted by sections
3637 and 3638 of the Revised Statutes of this state, and
such securities are deposited with the superintendent of
insurance of this state, or the superintendent of insurance
or other officer of the state in which such company was
organized, designated by the laws of such state to receive
the same; and if such securities are deposited with the
superintendent of insurance or other officer of another
state, the superintendent of insurance of this state shall be
furnished with the certificate of such state officer under his
hand and official seal that he, as such officer, holds in
trust on deposit for the benefit of all the policy-holders of ,

such company the securities above mentioned, giving the
items of such securities, and stating that he is satisfied such
securities are worth at least two hundred thousand dollars;
and in addition to such certificate such company shall de-
posit and maintain with the superintendent of insurance
of this state thirty thousand dollars for the purpose of pay-
ing any judgment obtained against them in this state, in
securities as permitted by sections 3637 and 3638 of the
Revised Statutes of this state, and the securities so de-
posited with the superintendent of insurance may be ex-
changed from time to time for other like securities, and
so long as the corporation depositing the securities shall
continue solvent and comply with the laws of this state it
shall be permitted by the superintendent of insurance to
collect the interest or dividend on such deposit; provided. Denial of corpo-
also, that any company which shall execute any bond as barre?.^^^
suret}' under the provisions of this act shall be estopped
in any proceeding to enforce the liability which it shall
have assumed to incur, to deny its corporate power to ex-
ecute such instrument or assume such liability.

172

Repeals, eic. SECTION 2. That scction 3641 as -amended April 13,

1894, be and the same is hereby repealed, and this act
shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 141G

I<evyius: taxes :

Reimbursement
of holders of
bonds issued
under unconsti-
tutional acts.

[House Bill No. 693.]
AN ACT

To supplement section 2834^ of the Revised Statutes of Ohio, as
amended (92 O. L., 341), with section 2834r.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 28346 of the Revised Statutes
of Ohio, as amended (92 O. L., 341), be supplemented with
section 2834r, to read as follows:

Sec. 2834c. Whenever the commissioners of any
county, acting in accordance with an act of the legislature,
have incurred obligations or have issued and sold bonds,
and with the proceeds of such obligations or bonds have
constructed an improvement or purchased land, and have
wholly or partially completed a building thereon, and,
after such proceeds have been so expended and the county
thereby placed in the ownership and possession of such
improvement or building, the statute under which such
bonds were issued or obligations incurred has been, by
the supreme court, declared unconstitutional and the
county authorities enjoined from levying taxes to pay the
interest and principal of such bonds or obligations, whereby
the county has, with the proceeds of the bonds which it
still retains, acquired such improvement or building, and,
by reason of the unconstitutionality of the law under which
it has acted, cannot pay its obligations outstanding in the
form in which they were issued, such commissioners may,
if they deem it for the best interest of the county so to do,
fulfill the equitable and moral obligation of the county to
reimburse the holders of said bonds or obligations to an
amount equal to the principal and interest which has ac-
crued thereon, and, for the purpose of so doing, may issue
and sell bonds of such county or borrow money in such
amounts and for such lengths of time and at such rate of
interest as the commissioners may deem proper, not ex-
ceeding the rate of 5 per cent per annum, payable semi-
annually, to be used in the reimbursement and payment
of such equitable and moral claims and liabilities against
such county; provided, that no such payment or reim-
bursement of any such moral or equitable claim shall be
made of any claim that has remained due or unpaid for a

173
longer period than ten years: provided, further, that claims recover-

1 u ^r ^ • • e J. ^\ able by action.

should the county commissioners of any county, upon the
written request of the holder of any such equitable claim
against the county as is in this section described, fail
within six months after such demand to make provision
for such claim under the provisions of this section, then,
in such case, the holder of any such legal or equitable claim
as is in this section described against such county shall
have a right of action in any court of competent jurisdic-
tion to recover the amount of such claim and interest
against such county at any time within a period of ten
years from the time the cause of action at:crues ; provided, bufidfng°""^^ •
further, that the county commission«rs may devote the
building or improvement which the county has acquired
ill the circumstances mentioned in this act to any county
purpose.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 142G

[House Bill No. 414.]

AN ACT

To reenact and amend sections 1, 2, 3, 4, 5 and 6 of an act en-
titled "An act to provide a board of eleciions for certain spe-
cified counties," passed April 12, 1889 (86 O. L., page 2/)8), as
amended April 30, 1891 (88 O. L., page 468), as amended by
section 2 of the act of April 18, 1892 (89 O. L., page 429).
and numbered as sections 2926 W-1, 2926 W-2, 2926 W-3,
2926 W-4, 2926 W-5 and 2926 W-6, in the Revised Statutes
of Ohio: and to amend sections 3 and 4 of an act entitled
"An act to create a state supervisor of elections, with deputy
state supervisors, for the conduct of elections in the state of
Ohio," passed April 18, 1892 (89 O. L., page 455), as amended
April 25, 1893 (90 O. L., page 263), as amended April 10, 1896
\92 O. L., page 145), and numbered as sections 2966-3 and
^66-4 in the Revised Statutes of Ohio ; and to amend sec-
tions 25 and 37 of the act commonly known as the ballot act,
passed April 30, 1891 (88 O. L., pages 450 and 463), as amend-
ed April 18, 1892 (89 O. L., pages 448 and 453), as amended
April 25, 1893 (90 O. L.. pages 276 and 277), and as amended
April 10, 1896 (92 O. L., pages 147 and 148), and numbered
as sections 2966-40 and 2966-53, in the Revised Statutes of
Ohio, and to repeal certain sections and acts herein named.

Section 1. Be it enacted by the General Assembly of
'he State of Ohio, That sections 1, 2, 3, 4, 5 and 6 of the conduct ot
above recited act, entitled "An act to provide a board of «^«<^^'°"'' =
elections for certain specified counties," passed April 12.
1^89 (86 O. L., page 258), as amended April 80, 1891 (SS
* '. L. page 468), as amended by section 2 of the act of

174

Conduct of
elections in
counties con-
taining: cities of
the first class
and first grrade.

Provisions ap-
plicable to elec-
tions in pre-
cincts outside
such cities.

Delivery of poll-
books.

April 18, 1892 (89 O. L., pages 429, 430 and 431), be re
enacted and amended so as to read as follows:

Sec. 1. In any county having within its territorv- :
city of the first class and first grade, except counties con
taining cities of the first grade fourth class, the count]
not included within the city, shall be held and deemed tc
be election precincts of the city for the purpose of con
ducting arni supervising elections therein, and the board
of elections heretofore established in such cities shall havi
directions of elections in such precincts and throughou
such county; and all the provisions, duties, penalties am
requirements contained in section two thousand nine hun
dred and twenty-six of the Revised Statutes, and supple
mental sections as heretofore amended shall apply and b<
in full force as to all. elections held in such counties as wcl
as such cities, except as herein specified ; and the members
secretary, deputy secretary, clerks and assistants of sucl
board, shall be electors of the county and not of the cit^
merely. [89 v. 429].

Sec. 2. The following provisions included in this sec
tion, shall apply only to elections in precincts not include^
in such cities: Registration of electors, as provided in th
above mentioned sections, shall not be required. Th
board of elections may, in its discretion, authorize th
judges of elections to omit the meeting for organization
provided in section 2926n, but in all such cases the judge
shall organize as therein required, on the morning of th
election, before opening the polls. The boards of election
may, when expedient, permit the oath required by sectioi
2926^ to be administered by an officer authorized to ad
minister oaths without the appointee appearing at the offic
of the board, and any such officer is required to administe
such oath without compensation; but in all such cases th
oath, duly certified, must be filed in the office of the boan
before the certificate of appointment is issued. The boan
may dispense with the notice of appointment required ii
section 2926^; when, vacancies occurring on the day o
an election have been filled, as required in said section
and when said notice has been so dispensed with, the ap
pointee shall serve upon such appointment as if he ha(
been appointed by the board. The board may authoriz
jr.dges of election to forward, by mail, the certified sum
niary statement of votes required in section 2926/?; pro
vided, the said judges shall have announced the vote t(
the board by telegraph or telephone, as required in sai(
section and in section 2926^. The board of elections shal
provide for the safekeeping and delivery of the ballot
boxes as may seem expedient. [89 v. 429].

Sec. 3. At ever}' election, in any county as aforesaid
for state or county officers, or for representatives in con
gress, or for presidential electors, the poll-book of eacl
precinct, addressed to *'the county board of canvassers.

175

as required by section 2926r, shall be delivered at the of-
fice of the board of elections. The other poll-book shall
be addressed to the "clerk of the court of common pleas, '
and delivered to him, and he shall preserve it for one year,
for inspection as a public record, and shall, upon demand
of the board of canvassers, produce anv such poll-book for
their inspection and use. The time and manner of delivery
of poll-tKX>ks shaJl.be as provided in section 2926r, except
that the poll-books from election precincts not included
within the city, shall be delivered within twenty-four hours
after closing the polls. The president or secretary of the
board of elections may order the summary arrest of any
judge of elections in such county, who fails to make re-
turn of any election ; and it shall be the duty of the sheriff
ot the county, or of any policeman or constable, to whom
such order may be directed, to bring such delinquent judge,
together with the poll-book, and other books pertaining
to the election or registration, before said board. [89 v.
430].

Sec. 4. The members of the board of elections shall ^;S^;'^|^°^g''**^^*
constitute the county canvassing board; and all duties as thereof.
to canvassing the votes and making returns of the same,
now by law assigned to the clerk of the court of common
pleas, shall be performed by such board. Within four
days after the election in November, and after any special
election for county or state officers, or for representative in
congress, the members shall meet at the office of the board
of elections, and organize by choosing one of their number
to be president, and appointing a secretary and necessary
assistants. They shall proceed to canvass the vote of the
county, and make return of the same as required by section
2926j, and by law. In case of doubt or disagreement, so
that the board cannot proceed with the canvass, a state-
ment in writing of the matter in doubt or controversy,, shall
be made and forthwith submitted to one of the judges of
the circuit, for the circuit in which the county is situated;
and if the board cannot otherwise agree the judge shall
be selected by lot. Such judge shall summarily decide
upon the matters submitted to him, and his decision shall
be final. [89 v. 430].

Sec. 5. Judges and. clerks of election, appointed as compensation of
herein provided, shall be allowed compensation as fixed in iiierlT^saiaries
section 2926^ Salaries of the members and secretary, as sec^SS^^of*"**
fixed in said section, shall be paid out of the city treasury; of^n'ot-iSxcr
and in addition there shall be allowed to each member ot
the board, in counties containing cities of the first class,
except counties containing cities of the first grade fourth
class, the surn of fi\e hundred dollars per annum, and to
the secretary the ^um of six hundred dollars per annum,
and in counties containing cities of the first grade of the
second class, to each member of the board and to the sec-
retary, the sum of four hundred dollars per annum, all
payable quarterly out of the treasury of the county. The

176

other expenses ;
how payments
to be made.

Other counties
than above
supervisors to
act; judges and
clerks.

Appointments,
qualifications
and term of dep-
uty state super-
visors.

expense of the purchase and repair of ballot-boxes, shall
be paid out of the county treasury. All other expenses of
every description incurred between the first day of July
and the thirty-first day of December in each year, shall be
paid out of the county treasury ; and all expenses incurred
between the first day of January and thirtieth day of June
in each year, shall be paid as heretofore provided by law.
All payments shall be made upon vouchers of the board,
made and certified as required by section 2926d [89 v.
431].

Sec. 6. In all counties other than cotmties contain-
ing cities of the first class and first grade of the second
class, in or for which there is or may be established deputy
state supervisors of elections, said deputy state supervisors
shall, in their respective counties, in the conduct of elec-
tions, have all the powers and perform all the duties con-
ferred and imposed by this act, and the sections of the
Revised Statutes amended and re-enacted therein, on the
clerks of the court, and be subject to the same provisions,
penalties and requirements. Judges and clerks appointed
for the several precincts of a county by such board of elec-
tions or deputy supervisors or other officer or officers,
shall serve as such in the conduct of all elections under
this act in preference to the judges and clerks provided for
herein, and shall perform all the duties and exercise all
the powers and be subject to all the penalties imposed, con-
ferred or prescribed in the sections of the Revised Statutes
amended and re-enacted bv this act upon judges and clerks
of election. [89 v. 431].

Section 2. That sections 3 and 4 of an act entitled
"An act to create a state supervisor of elections, with deputy
state supervisors for the conduct of elections in the state
of Ohio," passed April 18, 1892 (89 O. L., page 455). as
amended April 25, 1893 (90 O. L., page 263), and as
amended April 10, 1896 (92 O. L., page 145), be amended
so as to read as follows:

Sec. 3. On or before the first Monday in August,
1892, such state supervisor shall appoint four deputy state
supervisors for each county in this state, who shall be quali-
fied electors of the county for which appointed. For the
first appointment, two members, shall be appointed for a
term of one year, and two for a term of two years from the
first Monday in August, 1892. One member so appointed
for one year and one for two years, shall be from the
political party which cast the highest number of votes at
the last preceding November election for governor or sec-
retary of state. The other two members shall be appointed
from the political party which cast the next highest num-
ber of votes for such officer at said November election.
Thereafter appointments shall be made annually for two
deputy state supervisors for each county for the term of
two years, which appointments shall be from two political
parties which cast the highest and next highest number

177

of votes at the last preceding November election for gov-
ernor or secretary of state. All vacancies shall be filled vacancies,
and all appointments to new terms made from the political
party to which the vacating or out-going member belongs,
unless there be a third political party which cast a greater
number of votes in this state than did the party to which
the retiring member belonged, at the next preceding No-
vember election, in which event the vacancy shall be filled
from such third party. Provided, that if the executive Rcconimenda-

*«.«..•« .••» A A tion Dv party e^

committees of the two political parties in the county cast- ecutivc commit-
mg the highest and next highest number of votes in this ^"'
state at the last preceding November election, recommend
qualified persons to the state supervisor at least ten days
before the appointment is made, then the state supervisor
shall appoint the persons so recommended to the number
to which said party is entitled; but if no such recommen-
dation is made, the state supervisor shall make the appoint-
ments agreeably to the provisions herein contained. Any Removals,
deputy state supervisor may be removed by the state super-
visor for misfeasance or malfeasance in office, or other good
and sufficient cause; and if, in filling vacancies caused by
removals, no person or persons belonging to the political
party as the person or persons removed, can be^ induced
to accept such appointment, then the vacancies can be
filled by appointments from any other political party. Pro- dStil."o1'"b<>ards
Tided further, that in counties containing cities of the first of elections ii
class and first grade of the second class, the boards of uiLU'lciSeiof
elections heretcrfore provided for such cities, by section andfire\^^"de
2926, and all sections supplementary thereto, of the Re- o? thele^d*
vised Statutes, shall have all the powers and perform all ^^^^^'
the duties for such counties imposed, and conferred by this
act on deputy state supervisors. And deputy state super-
visors in all counties containing cities of the first grade oi
the second class are hereby abolished. In counties con- J°JJ^" J^ .
taining cities of the second class, other than cities of the of ViVcSona in '
first grade of the second class, the board ol elections here- tailSnrcUiM of
tofore provided for said cities^ shall have the power and o^he^^Sn rf'**'
be subject to the duties prescribed in section 2926 of the of the first grade
Revised Statutes, and supplemental sections as heretofore ?iass.^ ^*^"*'
amended, except that all the returns of the November elec-
tions shall, in such counties be made to the deputy state
supervisors, as hereinafter provided; and in addition there-
to, each board shall, in the conduct of municipal elections,
have all the powers and duties and be subject to all the
provisions, penalties and requirements of the deputy state
supervisors prescribed in this act. [90 v. 263].

Sec. 4. In all counties except counties containing selection ^nd
cities of the first class and first grade of the second class, dc'^ty^and'^
the deputy state supervisors for such counties shall, at <^*«'^^-
least thirty days previous to the November election in each
year, meet in the office of the county commissioners and
organize by selecting one of their number as chief deputy,
who shall preside at all the meetings, and a resident elector

1-2

178

Report of
orgauiation.

Salary of clerk.

Clerk's power to

administer

oaths.

Sessions of dep-
Bty supervisors ;
publications of
notice for bids
for printing.

Compensation of
deputy super-
visors.

Payment of com-
pensation and
expenses.

of such county, other than a member of the board, as
clerk, both of which officers shall continue in office for
one year. The balloting for such officers shall commence
at or before 1 o'clock p. m., on the day of convening, and
at least one ballot shall be taken every twenty minutes
until such organization is effected. The clerk shall be first
selected by the votes of at least three members, and if, after
five ballots no person shall be agreed upon as clerk, the
clerk shall be selected by lot, from two persons of opposite
politics, to be nominated by the deputy supervisors, the
two deputy supervisors of the same politics to name one
candidate for clerk, and the two deputies of opposite poli-
tics to name the other. After the selection of the clerk the
chief deputy shall be selected from deputies of opposite
politics to that of the clerk, and if upon the first ballot no
person shall be agreed upon as chief deputy, the deputy
of opposite politics to the clefk having the shortest term
to serve, shall be, and act as the chief deputy, presiding
at all meeting^. When such organization is perfected, the
clerk shall forthwith report the same to the state super-
visor. The clerk shall be. paid a salary, in quarterly in-
stallments, not to exceed one hundred dollars per year,
which compensation shall be fixed by the deputy super-
visors for the respective . counties. He shall have power
to administer oaths to such persons as are required by
law to file certificates or other papers with the board, and
to chief judges of election, or any witnesses who may be
called to testify before the board. At such meeting for
organization, the deputy supervisors may remain in ses-
sion not more than two days for the purpose of organiza-
tion and receiving instructions from the state supervisor
as to their duties, and may at such time' provide for the
publication of a notice for bids for printing ballots, cards
of instruction and other necessary blanks and papers re-
quired by law in the conduct of elections therein. Such
deputy supervisors shall meet on the twelfth day before
each election, and shall remain in session for such length
of time as may be necessary, and shall adjourn <o such
day as their duties prescribed by law may i-equire. For
attending all meetings the deputy supervisors shall receive
as compensation the sum of two dollars per day, not to
exceed thirty days in any one year, and mileage at the rate
of five cents a mile going to and returning from the
county seat, if the distance be more than one mile. Tlie
compensation above provided for, and all proper necessary
expenses in the performance of the duties of such deputy
supervisors, shall be defrayed out of the county treasury'
as other county expenses, and the county commissioners
shall make the necessary levy to meet the same. [92 v.
145].

Section 3. That sections 25 and 37 of an act, en-
titled "An act amendatory of and supplementary to an act
entitled 'An act to provide for the mode of conducting

179

elections, to insure the secrecy of the ballot, and prevent
fraud and intimidation at the polls, and to repeal certain
statutes therein named/" passed April 30, 1891, passed
April 18, 1892 (89 O. L., page 432), as amended April 25,
1893 (90 O. L., pages 276 and 277), as amended April 10,
1896 (92 O. L., pages 147 and 148), be amended so as to
read as follows:

Sec. 25. After canvassing the votes the judges and
clerks shall make out the returns of the election and the
tally-sheets thereof in duplicate, signed and certified as re-
quired by law; one copy thereof shaH be immediately
transmitted to the deputy state supervisors by the presid-
ing judge or such other judge as he may designate; the
other poll-book and tally-sheet shall be forthwith deposited
with the clerk of the township or the clerk of the municipal
corporation, as the case may require, by another judge
designated by the presiding judge, to be preserved one
year after the date of such election. Such returns shall
be securely sealed up in an envelope and addressed trans-
versely upon the upper end thereof to the proper officer
with whom they are to be deposited, with the designation
of the township, precinct and county; provided, that in
cities of the first class and first grade of the second class,
such delivery shall be made as now provided by law.
From the time the ballot-box is opened and the count of
votes begun, until the votes are counted and the returns
made out, signed and certified as required by law, and
delivered to 3ie judges selected for such duty for trans-
mission, the judges and clerks of the precincts shall not
separate, nor any judge or clerk leave the polling place
except from unavoidable necessity, under penalty of a fine
of not less than fifty nor more than one hundred dollars.
[92 V. 147].

Sec. 37. In counties containing cities of the first class,
and first grade of the second class, the election precincts of
the county outside of the city shall be held and deemed to
be election precincts of the city for the purpose of conduct-
ing elections under this act, and the boards of elections
heretofore provided for such cities by section 29266 of the
Revised Statutes, - shall, in their respective counties per-
form the duties imposed upon the deputy state supervisors
by this act. In counties containing cities of the second
class, other than cities of the first grade of the second
class, the boards of elections heretofore provided for such
cities, shall have the power and be subject to the duties
prescribed in section twenty-nine hundred and twenty-six
of the Revised Statutes, and supplemental sections as here-
tofore amended, except that all the returns of the Novem-
ber elections shall, in such counties, be made to the deputy
state supervisors as provided by law; and in addition
thereto, such boards shall, in the conduct of muncipal elec-
tions, have all the powers and duties and be subject to
all the provisions, penalties and requirements of the deputy

Making:, trans-
mission and
preservation of
returns, tally-
sheets and poll-
books.

Cities of the
first class and
first grade of the
second class.

Period during
which judges
and clerks shall
not separate or
leave polling
place under
penalty.

Duties of boards
of elections in
counties con-
taining cities of
the first class
and first grade
of the second
class.

Powers and
duties of boards
in counties con-
taining cities of
the second class,
other than cities
of the first grade
of the .second
class.

180

Powers and
duties of boards,
deputy supervis-
ors or other ,
officers in coun-
ties other than
those containing
cities of the first
class and first
grade of the sec-
ond class.

When chief dep-
uty or presiding
canvassing offi-
cer to act lor as-
sociates.

Judges and
clerks appointed
by such election
officers.

Repeals.

State supervisors prescribed in this act. In all counties
other than counties containing cities of the first class, and
first grade of the second class, in or for which there is or
may be estabHshed a board of elections, or deputy super-
visors of elections or other officer or officers, whose duty
it is to receive and canvass the returns of the elections in
and for such county or counties, and transmit abstracts
thereof, such board or deputy supervisors, or other officer
or officers shall in their respective counties, in the conduct
of elections have all the powers and perform all the duties
conferred and imposed by this act and be subject to the
provisions, penalties and requirements herein; provided,
that in the consideration and decision of the objections
and questions arising in the course of a nomination for an
officer of a circuit or district composed of more than one
county, the chief deputy supervisor or presiding canvassing
officer of the county shall act for his associates. Judges and
clerks appointed for the several precincts of a county by
such boards of elections or deputy supervisors or other of-
ficer or officers, shall serve as such in the conduct of all-
elections under this act and shall perform all the duties and
exercise all the powers and be subject to all the penalties
imposed, conferred or prescribed by this act upon judges
and clerks of elections. [90 v. 276].

Section 4. That sections 1, 2, 3, 4, 5 and 6 of an
act, entitled "An act to provide a board of elections for
certain specified counties," as amended and reenacted by
section 2 of the act of April 18, 1892 (89 O. L., pages 420,
430 and 431), sections 3 and 4 of an act en^tled "An act
to create a state supervisor of elections with deputy state
supervisors for the conduct of elections in the state of
Ohio," as amended April 25, 1893 (90 O. L., 263), and as
amended April 10, 1896 (92 O. L., 145), and sections 25
and 37 of an act entitled "An act amendatory of and sup-
plementary to an act entitled 'An act to provide for the
mode of conducting elections, to insure the secrecy of the
ballot, and prevent fraud and intimidation at the polls,
and to repeal certain statutes therein named,' " as amended
April 25, 1893 (90 O. L., pages 276 and 277), and as
amended April 10, 1896 (92 O. L., pages 147 and 148), be
and the same are hereby repealed. And all acts or parts
of acts, and all sections or parts of sections in conflict with
the provisions of this act, are to the extent of such conflict
hereby repealed.

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate^
Passed April 21, 1898. 143G

181

[House Bill No. 420.]

AN ACT

To amend sections 4405, 4406, 4407, 4408, 4409, 4410, 4411 and 441*2,
Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 4405, 4400, 4407, 4408, 4409, Druggists:
4410, 4411 and 4412 of the Revised Statutes of Ohio, be
amended to read as follows:

Sec. 4405. It shall be unlawful for anv person not a J^JJtP^y^^***^

. , - ' '^ J drugs ; com-

legally registered pharmacist, to open, or conduct, any i>pund prcscrip-
pharmacy, or retail drug or chemical store, either as pro- tions ; proviso,
prietor or manager thereof, unless he shall have in his
employ and place in charge of such pharmacy, or store, a
legally registered pharmacist under the laws of this state.
It shall be unlawful for any person, not a legally registered
pharmacist, to compound, dispense, or sell, any drug,
chemical, poison, or pharmaceutical preparation, upon the
prescription of a physiciati, or otherwise; provided, how-
ever, that a legally registered assistant pharmacist may
compound, dispense, or sell, any such drug, chemical, poi-
son, or pharmaceutical preparation when employed in a
pharmacy or drug store which is under the supervision,
management and control of a legally registered pharma-
cist Provided, also, that nothing in this section shall ap-
ply to, or in any manner interfere with the business of a
physician, or prevent him from supplying to his patients
such medicines as to him may seem proper; nor with the
making or vending of patent or proprietary medicines by
any retail dealer; nor with the selling by any person of
copperas, borax, blue vitriol, saltpeter, sulphur, brimstone,
licorice, sage, juniper berries, senna leaves, castor oil,
sweet oil, spirits of turpentine, glycerine, glauber's salt,
cream of tartar, or bicarbonate of sodium; nor prohibit
any person from selling paregoric, essence of peppermint,
essence of cinnamon, essence of ginger, hive syrup, syrup
of ipecac, tincture of arnica, syrup of tolu, syrup of squills,
spirits of camphor, number six, sweet spirits of nitre, com-
pound cathartic pills, quinine pills, and other similar pre-
parations when compounded by a legally registered phar-
macist and put up in bottles or boxes bearing the label of
such pharmacist or wholesale druggist, with the name of
the article and directions for its use on each bottle or box ;
nor with the exclusively wholesale business of any dealer.
[1884, March 20; 81 v. 61; Revised Stat. 1880; 70 v.
287, §1].

Sec. 4406. There is hereby created a state board, con- ohi© board of
sisting of five persons, to be known as "the Ohio board of Jaca^yTn
pharmacy," who shall be appointed by the governor by gii*^'^®''
and with the advice and consent of the senate. To aid
the governor in the appointment of the members of the
board, the Ohio state pharmaceutical association may an-

182

Registered phar-
macists ana as-
sistants; en-
titled to renewal
certificates.

Examination of
applicants; re-
quirement.

nually submit to him the names of five registered pharma-
cists, and from the names so submitted, or from others,
the governor shall make the appointment. The members
shall be appointed for the term of five years, and until
their successors are appointed and qualified. In case of a
vacancy from any cause, the vacancy shall be filled by ap-
pointment for the unexpired term of office, in the same
manner as original appointments. Provided, however, that
nothing herein shall be held to in any manner affect the
term of office of the present members of the board. The
board shall organize by selecting from its members a presi-
dent, secretary and treasurer. The treasurer shall give a
bond in the sum of one thousand dollars, with sureties ap-
proved by the board, for the faithful performance of his
duties. The secretary shall receive a salary to be fixed by the
board, and his necessary expenses incurred in the perform-
ance of his official duties. The other members of the board
shall receive the sum of five dollars per day for each day
actuallv employed in the discharge of their official duties,
and their necessary expenses while engaged therein. The
board shall have a common seal and shdl formulate rules
to govern its action. Its president and secretary shall have
power to administer oaths. The board shall meet on the
second Tuesday of January, May and October of each
year, at such places as it may determine, and may hold
such additional meetings as it deems necessary. The board
shall keep a record of all its proceedings, and a register
of all persons to whom certificates have been granted as
pharmacists and assistant pharmacists; and the books and
register of the board shall be prima facie evidence of all
matters therein recorded. [1884, March 20; 81 v. 61, 62;
Rev. Stat. 1880; 72 v. 16, § 2].

Sec. 4407. Every person now registered as a phar-
macist or assistant pharmacist under the laws of this state,
shall be entitled to continue in the practice of his profes-
sion until his certificate of re^stration shall expire. Every
registered pharmacist or assistant pharmacist, who desires
to continue the practice of his profession in this state shall,
within thirty days next preceding the expiration of his
certificate, file with the board an application for a renewal
thereof. If the board shall find that the applicant has been
legally registered in this state, and is entitled to a renewal
certificate, it shall issue to him a certificate, duly signed
by its president and secretary. If a registered pharmacist
or assistant pharmacist fail, for a period of sixty days after
the expiration of his certificate, to make application to the
board for a renewal certificate, such person in order to
again be registered, shall be required to proceed as in the
case of original registration. [1884, March 20; 81 v. 61,
62; Rev. Stat. 1880; 70 v. 287, § 3].

Sec. 4408. Every person who shall hereafter desire
to be registered as a pharmacist or assistant pharmacist,
shall file with the secretary of the board an application.

183

duly verified, giving his age, the place or places at which,
and the time spent in study and practice of pharmacy,
and shall present himself before the board and submit to
an examination as to his qualifications for the practice of
pharmacy. If an applicant for a certificate as a pharmacist,
such person shall have attained the age of twenty-one
years, and shall possess four years' practical experience
in a drug store where physicians* prescriptions are com-
pounded; provided, that graduates of schools and colleges
of pharmacy in good standing, as determined by the board,
shall be entitled to a deduction from the requirement of
four years' practical experience, of the time spent in re-
ceiving instruction in such school or college of pharmacy.
If an applicant for a certificate as an assistant pharma-
cist, such person shall have attained the age of eighteen
years, and shall possess at least two years' practical experi-
ence in a drug store where physicians' prescriptions are
compounded, and in charge of a registered pharmacist;
provided, that there may be deducted from the require-
ment of two years' practical experience the time actually
spent by such applicant under instruction in any school or
college of pharmacy in good standing, as determined by the
board. If the board is satisfied that the person presenting
himself for examination is of the required age, and is
possessed of the practical experience required by this sec-
tion, and passes a satisfactory examination, the board shall
issue such applicant a certificate authorizing him to prac-
tice the profession of a pharmacist or assistant pharmacist.
[1884, March 20; 81 v. 61, 63; Rev. Stat. 1880; 72 v. 16,
§4

Sec.*4409. The Ohio board of pharmacy may register Registered phar-

1 ., .,, ...'^ ,,•' .-z^, maci«t« of oUier

as pharmacists without examination, and issue certificates ?tat«i: how ng-
of such registration, to persons who are leg^ly registered **^'*°-
as pharmacists and hold certificates of such registration ,

under the laws of any other state, upon the following con-
ditions: Each applicant for such registration shall have
attained the age of twenty-one years, and be registered
after examination in the state from which he holds his
certificate. The standard of qualification and requirement
as to competency in any state shall be at least as thorough
as that established by the board of pharmacy of this state.
The board shall only recognize certificates of registration
granted by states Wherein like recognition is given to per-
sons resident of this state and holding certificates from the
board of pharmacy thereof. [1884, March 20; 81 v. 61,
64; Rev. Stat. 1880; 70 v. 287, § 5].

Sec. 4410. Every certificate, and every renewal cer- ^rtitoteJma^'*
tificate issued by the Ohio board of pharmacy, shall entitle bc^gMtodriw
the person to whom it is granted to practice the profession ^ifo"?^*^'**^'
oi a pharmacist or assistant pharmacist for the period of
three years. The board may refuse to grant a certificate
to any person guilty of a felony or gross immorality, or

184

Fees to be
charged; where
deposited.

Beaalties.

addicted to the liquor or drug habit to such a degree as
to render him unfit to practice pharmacy, and may after
notice and hearing, revoke a certificate for like cause, or
for fraud in procuring the certificate. An appeal may be
taken from the action of the board refusing to grant or
revoking a certificate for such cause, to the governor and
attorney-general, and the decision of which oflScers, either
affirming or overruling the action of the board shall be
final. Every certificate of registration and renewal cer-
tificate, shall be conspicuously exposed in the pharmacy
or drug store of which the pharmacist or assistant phar-
macist, to whom it is issued is the owner or manager, or
in which he is employed. [1887, March 21; 84 v. 220; 81
v. 61, 64; Rev. Stat. 1880; 70 v. 288, § 6].

Sec. 4411. ^ The board shall charge and collect for the
issuing and registration of certificates, the following fees:
For the examination of an applicant for a certificate as a
.pharmacist, five dollars; for the examination of an appli-
cant for a certificate as an assistant pharmacist, three dol-
lars. In case any applicant fails to pass the examination,
the fee shall not be returned to him, but he may, within a
year after such failure, present himself and be examined
again without the payment of an additional fee. For issu-
ing a renewal certificate to a pharmacist, two dollars; for
issuing a renewal certificate to an assistant pharmacist,
one dollar. For issuing a certificate to a pharmacist on
presentation of a certificate granted by another state, fif-
teen dollars. All fees shall be paid in advance to the treas-
urer of the board, and by him covered into the state treas-
ury monthly, to the credit of a fund, which is hereby ap-
propriated for the use of the Ohio board of pharmacy. The
compensation and expenses of the members and oflicers
of the board, and all expenses proper and necessary in the
opinion of the board to discharge its duties under and en-
force the law, shall be paid out of said fund upon the war-
rant of the auditor of state, issued upon a requisition
signed by the president and secretary of the board. [1887,
March 21; 84 v. 220; 81 v. 61, 64; Rev. Stat. 1880; 70
V. 288, § 7}.

Sec. 4412. If any person violates any of the provis-
ions of section 4405 Revised Statutes, he shall be deemed
guilty of a misdemeanor, and on conviction, shall be fined
not less than twenty dollars nor more than one hundred
dollars, or be imprisoned not less than twenty days nor
more than one hundred days or both. Each day that any
person violates any provision of the above named section
shall constitute a separate offense. If any person shall file
with the Ohio board of pharmacy any false or forged affi-
davit, or shall make under oath, any false statement with
the intent to secure for himself, or for another person, any
certificate of registration, or a renewal thereof, he Shall be
deemed guilty of a felony, and on conviction, shall be
punished as provided by law. Whoever, being a regis-

186

tered pharmacist, or assistant pharmacist, fails to display
in a conspicuous place his certificate of registration as
required by section 4410 Revised Statutes, shall be deemed
guilty of a misdemeanor, and on conviction, shall be fined
not less than five dollars, nor more than twenty dollars,
and each day's violation of this provision of the last named
section shall constitute a separate offense. The secretary
of the Ohio board ol pharmacy is charged with the duty
of enforcing the laws relating to the practice of pharmacy.
If he have information that any provision of the law has
been or is being violated, he shall investigate the matter,
and upon probable cause appearing, shall file a complaint
and prosecute the offender. It shall be the duty of the
prosecuting attorney, when requested by such secretary, to
take charge of and conduct such prosecutions. All fine§
assessed and collected under prosecutions beg^n or caused
to be begun by the Ohio board of pharmacy, shall be paid
to the treasurer thereof, and by him covered into the state
treasury monthly, to be credited to the fund for the use of
the Ohio board of pharmacy. [1887, March 21; 84 v. 220;
81 V. 61, 64; Rev. Stat. 1880; 70 v. 288, § 8].

Section 2. Sections 4405, 4406, 4407, 4408, 4409, Repeals, etc.
4410, 4411 and 4412 of the Revised Statutes of Ohio are
hereby repealed, and this act shall take effect and be in
force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the SencUe.
Passed April 21, 1898. 144G

[House Bill No. 303.]

AN ACT

To amend section 4 of an act passed March 21, 1887 (O. L., 84,
page 216).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4 of an act passed March Adulteration;
21, 1887 (O. L, 84, page 216), be amended so as to read
as follows:

[Sec. 4.]' Whoever violates any of the provisions of Penalty,
this act shall, upon conviction, be fined not less than fifty
dollars nor more than one hundred dollars, or imprisoned
not less than thirty days nor more than one hundred days,
or both, and shall be adjudged to pay, in addition, all
necessary costs and expenses incurred in inspection and
analyzing such vinegar. Every person making or manu- Brands on casks
facturing cider vinegar, who is not a domestic manu- *^''^°««*'^-
facturer of cider oi[ cider vinegar, shall brand on each head
ot the cask, barrel or keg containing such vinegar, the

186

Man uf&ctu ring
rarmcT.

Repeals, etc.

name and residence of the manufacturer, the date when
same was manufactured, and the words "cider vinegar."
And no vinegar shall be branded "fruit vinegar" unless
the same be made wholly from apples, grapes, or other
fruit. Provided, that nothing in this bill shall be con-
strued to prevent any farmer from manufacturing for his
own private use, or offering for sale, not to exceed twenty-
five barrels in any one year, pure cider or other fruit vine-
gar, branding the same "domestic cider vinegar," with
name and date of manufacturer, and when so branded, shall
be sufficient guarantee of its purity.

Section 2. Section 4 of an act passed March 21, 1887
(O. L., 84, page 216), be repealed, and this act shall take
effect and be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of (he Senate.
Passed April 21, 1898. 145G

PuWic tJay
schools for deaf
chtMreti in city
districls of first
and second
^adp of the first
clats. •

An nival report
by board of edu-
cation.

Annual appor-
tionment and
payment by
state treasurer
to Ireas-urer of
iiU£h buard of
edtication.

[ House Bill No. 389.]

AN ACT

To provide for public day schools for the deaf in the city districts
of the first and second grades of the first class.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That boards of education in city districts
of the first and second grade of the first class shall estab-
lish and maintain public day schools for deaf children and
those defective in speech and unable to attend the public
schools provided for children that can hear.

Section 2. The boards of education in such city dis-
tricts shall report annually on or before September 1 of
each year to the governor of the state such facts as may
be required concerning such school, together with an
enumeration of all the deaf children between the ages of
three and twenty-one years, which enumeration shall be
sworn to by the clerk of such board of education.

Section 3. The state treasurer is hereby authorized
and directed tg apportion and pay out of "the state com-
mon school fund" annually to the treasurer t»f the board
of education of any such district, in which a school or
schools shall be established in accordance with the pro-
visions of this act, the sum of one hundred and fifty dol-
lars for each deaf child, and those defective in speech and
unable by reason of said defects to attend the public
schools provided for children that can hear within such
districts, as is shown by the enumeration provided for in
the preceding section, and whatever fund may be necessary
in excess of the amount received from the state treasurer

187

for defraying expenses of such schcx)l provided by such
boards of education, shall be paid out of the general fund
levied and collected for m^ntaining the public schools in
any such city districts of the first and second grade of the
first class.

Section 4. The money received from the state treas- Fund for sup-
urer as proyided in section three of this act, shall be kept Fo/thc dear° ^
separate and distinct from all other funds bv the treasurer
of such board of education and shall be known as *'the
fund far the support of schools for the deaf," and shaft be
paid out for no other purpose than for the establishment
and maintenance of schools for the deaf, as herein pro-
vided

Section 5. The board of education of such district car fare of dear
is hereby authorized and directed to set aside annually paid by°bo°ard.
from "the fund for the support of schools for the deaf" a
sum of money sufficient to pay caf fare for deaf children
who are unable to attend such school on account of being
unable to pay their way to and from such school, and the
same shall be distributed to such children in such manner
and to such extent as the board of education of such dis-
trict may provide.

Section 6. Except as provided in this act, such '^o^trofj^^bv
schools shall be controlled in all respects in accordance whauaws. ^
with an act entitled "An act to provide for the reorganiza-
tion of boards of education in the city districts of the first
and second grade of the first class," passed March 8, 1892,
with all the amendments thereto.

Section 7. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 146G

[Senate Bill No. 76.]

AN ACT

To appropriate funds for the construction of sewers for the drain-
age of certain territory in and adjacent to New Bremen, Ohio,
said drainage bein? rendered necessary by the construction
and maintenance of the Miami and Erie canal.

Section 1. Be it enacted by the General Assembly of
^k State of Ohio, That the sum of twenty-five hundred fo?P^Ps|Juc°tioi>
^12500) dollars be and the same is hereby appropriated for o7wtain"^
*e purpose of paying a part of the cost of constructing ^remcn*^ ^^"^
necessary sewers for the drainage of certain territory with-
"1 and adjacent to the village of New Bremen, Ohio, said
Proposed drainage being rendered necessary by reason of

How route to be
determined.

Construction to
be made under
supervision of
state engrineer.

Appropriation
for flood-gate at
Lockbounie.

Appropriations
payable from

f general revenue
und.

188

[the] fax:t that the Miami and Erie canal obstructs a natur;
watercourse and causes great damage by the overflow (
said territory.

Section 2. Said sewers shall be constructed upon
route to be hereafter mutually agreed upon between t\
engineer in charge of said work for the state and th
council of said village of New Bremen.

Section 3. The construction of said sewers shall I
under the supervision of an engineer to be designated t
the board of public works, and the said funds hereby a]
propriated shall be paid out as said work progresses, an
only upon the order of the engineer in charge of sai
work for the state.

Section 4. That the sum of five hundred dollai
(1500) be and the same is hereby appropriated for th
purpose of constructing a flood-gate near the village (
Lockbourne, Franklin county, Ohio, to prevent the breal
ing of the canal bank in times of high water.

Section 5. Said sums are to be paid out of any func
in the state treasury to the credit of the general revent
fund not otherwise appropriated.

Section 6. This act shall take effect and be in fon
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representative
ASAHEL W. JONES,
President of the Senai

Passed April 21, 1898. 147G

Appropriation s
for certain per-
-sons.

[House Bin No. 580.]

AN ACT

To make sundry appropriations.

Section 1. Be it enacted by the General Assembly (
the State of Ohio, That there be and is hereby appropriate
out of any money in the state treasury to the credit of tl
general reserve fund, not otherwise appropriated, the fo
lowing sums for services rendered to the state of Ohio, viz
To Daniel J. Ryan |1,000 and H. M. Daugherty $500. fc
attorney fees; to Opha Moore f292, Geo. C. Blankni
1197.80, T. M. Patterson |118, D. L. Beall |55 and Thomj
C. Brinsmade $452, for stenographic work, constable an
witness fees in the case of state of Ohio ex rel. F. S. Mot
nctt, attorney-general, vs. the Royal insurance company, <
al.; to Wilber E. King, $250, attorney fees in the state <
Ohio vs. C. H. Ganson and Louis H. McLain, and to Fran
I. Brown, $130, and James C.Walker, flO, for stenograph!
constable and witness fees in same cases, and to H. I
McCracken $76.85 cost bill for depositions taken in beha

189

of sute in the case of the state of Ohio ex rel. vs. Louis
H. McLain, sheriff of Champaign county, Ohio.

Section 2. This act shall take effect and be in force
or. and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 148G

[House Bill No. 462.]

AN ACT

To amend sections 2966-22 (section 9) and 2966-26 (section 18) of
the Revised Statutes.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections nine (9) and thirteen (13) conduct of eiec-
OTthe ballot law, as amended April 25, 1898, be amended '***°*'
so as to read as follows:

Sec. 9. Certificates of nomination and nomination pa- Filing of ccriifi-
pers of candidates for presidential electors and state offices tfon'^and nom^*'
shall be filed with the secretary of state not less than thirty °*^^°° p*p^"-
days previous to the day of the election at which the candi-
dates are to be voted for; certificates of nomination and
nomination papers for the nomination of candidates for
county offices shall be filed with the deputy state super-
>TSors not less than twenty days previous to the day of
election; certificates of nomination and nomination papers
for the nomination of candidates for offices to be filled by
the electors of a district lying within a county shall be filed
with the deputy state supervisors of the county; and for
ofitces to be filled by the electors of a district, circuit or
subdivision of a district, composed of two or more coun-
ties, with the chief deputy state supervisor of the county
in the district, circuit or subdivision containing the greatest
number of inhabitants, as ascertained by the last federal
census, not less than twenty-five days previous to the day
of electitm; certificates of nomination and nomination pa-
pers for the nomination of candidates for township or
municipal offices, or members of the board of education,
shall be filed with the deputy state supervisors not less than
fifteen days previous to the election ; certificates of nomina-
tion and nomination papers for municipal officers and
for members of boards of education in municipalities situ-
ated in two or more counties shall be filed with the board
of deputy state supervisors of the county containing the
majority population of said municipality not less than fif-
teen days previous to the election; provided, that in cities
where the voters are registered, the nomination of city

190

Transmission of
-certified copies
-of certificates of
nomination.

Municipalities
having registra-
tion.

Hepeals, etc.

officers shall be filed with the city board of elections n
less than fifteen days previous to the day of such electic

Sec. 13. Immediately upon the expiration of the tir
within which certificates of nomination may be filed wi
him, the secretary of state shall certify copies of all t
nominations so filed to the several deputy state supe
visors; and the chief deputy state supervisor of the di
trict, circuit or subdivision with whom the certificate
district, circuit or subdivision nominations has been file
shall immediately certify the same to the deputy sta
supervisors in all the other counties in such district, circi
or subdivision. In municipalities having registration
shall be the duty of the city board of elections to immec
ately certify to the deputy state supervisors copies of ;
certificates that have been filed with said board.

Section 2. That said sections nine and thirteen a
hereby repealed, and this act shall take effect and be
force from and after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Represefttatht
ASAHEL W. JONES,
President of the Sena

Passed April 21, 189S. U9G

Licenses, etc.:

Li(?ense of ped-
dlers, etc.. in
•Cincinnati.

[ House Bill No. 549.]

AN ACT

To amend section 2672-19 of the Revised Statutes (Bates': pa
1355) section 19.

Section 1. Be it enacted by the General Assembly
the State of Ohio, That section (2672—19) 19 be amend,
to read as follows:

(2672—19) Sec. 19. Peddlers or hawkers of produ
or goods from vehicles drawn by animal power shall p
a license fee of twenty-five (|25.00) dollars per annui
and those selling goods from vehicles drawn by hand
carried by one or more persons shall pay a license fee
five (15.00) dollars per annum. Peddlers or hawkers
meat, fish, game, poultry, oysters, vegetables, fruit, candit
groceries, produce or dsLiry products, from stands, sh;
pay a license fee of fifteen (|15.00) doHars per annui
Provided, that any person selling agricultural produce
his own raising shall not be Hable for Hcense for sellin
hawking or peddHng the same in any mode or manner
the markets, public streets or alleys of said city, and, pr
vided further, that the city auditor shall have authority
grant free or charity license to peddle from vehicles drav
by hand or carried by one person, to indigent persons re;
dents of said city, upon receiving a certificate of recor
mendation, signed by the members of the board of legi

191

lation representing the ward in which said applicant re-
sides, or from some regularly organized charitable asso-
ciation, and the production of satisfactory information of
the inability of such person to pay for said license; and,
provided further, that the said city auditor, upon the appli-
cation of any honorably discharged soldier or sailor, who
is a citizen of such corporation, shall g^ant to such soldier
or sailor, a free license to engage in the business of hawk-
ing, peddling or vending from vehicles drawn by hand, or
carried by one person, any goods, wares or merchandise,
by traveling from house to house, when there is furnished
to said city auditor satisfactory evidence of an honorable
discharge from the military or riaval service of the United
States; and, provided further, the provisions of this section
shall not be construed as applying to residents of Ohio
who are non-residents 6f Hamilton county, making not
more than weekly trips and carrying or hauling produce,
poultry or other farm products, the same having been
purchased directly from farmers. It shall, however, be
competent for such city auditor issuing such license, to
revoke and eancel the same whenever it is shown, to his
satisfaction, that such person has been guilty of any
wrongful act in connection with any such business, or is
not otherwise a fit person to be engaged in such business.
Such persons so licensed without cost, and engaged in
such business, shall, in all other respects, comply with the
laws of the state and the ordinances of such corporation,
and a failure so to do shall be a sufficient cause to revoke
and cancel any such license. [91 v. 420; 90 L. L. 271;
89 v. 267; 81 v. 77; 80 v. 129, 132].

Section 2. This act shall take effect and be in force
from and after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 150G

[House Bill No. 753.1
AN ACT

To amend sections 8996 and 3998, and to amend and supplement
section 3999 of the Revised Statutes of Ohio, as amended
April 30, 1891.

Section 1. Be it enacted by the General Assembly of

the State of Ohio, That sections 3996 and 3998 of the 'Re- schooi-houscs

vised Statutes of Ohio be amended so as to read as fol- «"d ^»^™"*^'^ =
lows:

Sec. 3996. For the purpose of increasing and main- lcvv for libra-

taining the school library of city districts, except in those "*^* "* ^'^^^^^ =
city (districts containing cities of the first grade of the first

Board may ap-
point librarian,
etc.

In certain cities
board may ap-
point managers
of library.

Board of trus-
tees in Cincin-
nati ; how ap-
pointed; terms.

Vacancies.

192

class, the board of education may levy annually, a tax of
one-tenth of one mill on the dollar valuation of the taxable
property thereof, to be assessed, collected and paid in the
same manner as are the other school taxes of such district.

Sec. 3998. The board, except in city districts con-
taining a city of the first grade of the first class, may ap-
point a librarian, fix his compensation, and make all need-
ful rules and regulations for the management of the
library, to which every family resident in such city district,
save as hereinbefore excepted, shall have access.

Section 2. That section 3999 of the Revised Statutes
of Ohio be amended so as to read as follows:

Sec. 3999. In cities not having less than twenty thou-
sand inhabitants, the board of education having custody of
any public library therein, may, at any regular meeting,
adopt a resolution providing for a board of managers of
such library, and shall thereupon elect by ballot, two per-
sons to serve as members of such board for a term of three
years, two persons to serve for a term of two years, and
two persons to serve for a term of one year; and annually
thereafter two persons shall be elected to serve for a term
of three years; all vacancies in such board shall be filled
by the board of education by ballot, and a person so elected
shall serve during the unexpired term of his predecessor;
the president of the board of education shall be a member
of the board of managers, ex officio; and the board of
managers shall at all times* be amenable to and under the
control of the board of education, as to tenure of office and
authority, and shall serve without compensation; provided,
that in cities of the first grade of the first class upon the
expiration oi the terms of office of the trustees of the pub-
lic library therein, heretofore appointed under this section,
as amended April 30, 1891, there shall be appointed as
successors to said board, a board of trustees of said library
consisting of seven persons, as follows: Two by the board
of education of the school district within which such city
is situated, two by the board having charge of the high
schools of such city, two by the directors of the university
in such city, one of each of said appointees shall hold his
office for two years, and one for three years; and one by
the judges of the court of common pleas of the county
within which such city is situated, who shall hold his office
for a period of three years; and thereafter said boards and
said judges shall, upon the expiration of the terms of office
of said appointees, and each three years thereafter, appoint
successors to said trustees. The appointee aforesaid of the
judges of the court of common pleas shall" succeed in said
board of trustees the president of the board of education,
who theretofore was, by virtue of his said office, a member
of said board of trustees, and thereafter the right of soch
president of said board of education aforesaid of member-
ship in said board of trustees of said library shall cease.
All vacancies in said board of trustees of said library shall

193

be filled by the respective bodies having the power of ap-
pointment. Provided, however, that nothing herein shall
be construed in any wise to abridge the term of office or
curtail the pov/ers or duties of the trustees of the public
library in cities of the first grade of the first class, appointed
under this section as amended April 30, 1891, during the
terms of office for which they were appointed.

Section 3. That section 3999 of the Revised Statutes
of Ohio be supplemented with sectional numbering as fol-
lows:

Sec. 3999a. Each and every resident of the county Residents of
within which is situate any city of the first grade of the first ty*JStia"dTo °'
class, having therein established a public library, shall be Srary^ ^'^^ ^^" •
entitled to the free use of such library, reading rooms, and
any branch of the same, and all the privileges thereof, upon
such terms and conditions not inconsistent therewith, as
the board of trustees of such library may prescribe.

Sec. 3d99b. The board of trustees of the public library Powers of irus-
in cities of the first grade of the first class shall have sole ^?tl*" ^*°"°"
and exclusive charge, custody and control of the public
library in such city, including all property, both rfeal and
personal, used and occupied by such library, whether ac-
quired heretofore or hereafter, and shall have full power
to make all rules and regulations necessary for the proper
government, maintenance, care and management thereof,
and to provide therefor. Said board of trustees shall have
power over, and exclusive control of, the library fund
heremafter provided for, and of the expenditure of all
moneys collected to the credit thereof. They shall have
power and it shall be their duty to establish in said city
and throughout the county within which is situated said
library, reading rooms, branch libraries and library stations
in connection with said library, and to lease and furnish
said rooms, buildings or parts thereof as are required for
such purposes, and to pay all necessary expenses connected
therewith. They shall have power, and it shall be their
duty to purchase and pay for all books, periodicals, maga-
zines and other literature and supplies necessary, in their
judgment, for said public library, reading rooms, branch
libraries and library stations, and to incur the necessary
expenditures for the encouragement and advancement of
the best use of such library, reading rooms, branch libraries
and library stations by the public; all such purchases, pay-
ments and expenditures to be made out of said library
fund hereinafter provided for. They shall have power, and Employment of
it shall be their duty, to employ a librarian, assistant li- as^s"unu*°^
brarians, and other necessary assistants for such public
library, reading rooms, branches and stations, to fix the
compensation of persons so employed, and to pay the same
out of said library fund. Said library board may fix the
term of any such person employed by them for any period
not to exceed one year.

194

Tax for library
purposes in Cin-
cinnati.

Disposition of
unexpended
funds heretofore
raised for li-
brarv purposes
in Cincinnati.

Repeals.

Sec. 3999c. For the purpose of increasing, maintain-
ing and managing the public library in cities of the first
grade of the first class, the board of trustees thereof may
levy annually a tax of not to exceed three-tenths of one
mill on each dollar valuation of the taxable property in
the county wherein is situated such city, to be assessed.
collected and paid in the same manner as are other taxes
levied throughout the county. Said levy shall be certi-
fied by said board of trustees to the auditor of the county
in which said city is situated, and shall be placed by said
auditor on the tax duplicate and collected as other taxes.
The money realized from said levy, and all moneys re-
ceived or collected by said trustees for the library, shall be
placed in the treasury of said county, subject to the order
of said board of trustees of said library. Said fund shall
be known as the library fund of said county, of which the
county treasurer shall be the custodian, and no money shall
be drawn therefrom, except upon the requisition of the
board of trustees of said library, certified by the president
and secretary of said board, directed to the county auditor,
who shall draw his warrant upon the county treasurer there-
for. Any part of said funds unexpended during any year
shall remain to the credit of said library fund.

Sec. 3999d. The amount of any fund heretofore raised
by a levy or tax by the board of education in such city for
schobl library purposes, and all library funds remaining
unexpended, shall be transferred from the respective fund?
to the library fund herein created, to be expended and
paid out as herein provided for funds produced by a levy
made by said board of trustees, and any and all funds,
bonds, stocks or other species of property held by the
board of education of such city, or by any of the depart-
ments of such city for the benefit of the public librar\'
thereof, shall be transferred to the board of trustees of such
public library, to be held and controlled by them subject
to the terms of the respective donations.

Section 4. That sections 3996, 3998 and 3999, as
amended April 30, 1891, be and the same are hereby re-
pealed.

Section 5. That this act shall take effect and be in
force from and after its passage.

JNO. E. GRIFFITH,
Speaker pro Yem. of the House of Representatives.

ASAHEL W. JONES,'
President of the Senate.
Passed April 21, 1898. 151G

195

[House Bill No. 682.]

AN ACT

For the establishment of a battalion of engineers in the Ohio
national guard.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there shall be allowed, in addition gS,^^*jy\^*^"
to the forces of the national guard of the state of Ohio as national guard,
now provided by law, a battalion of three companies of
engineers, of a total strength not exceeding two hundred
and twenty-five officers and men, which battalion shall be
so oflScered as the commander-in-chief may, from time to
time, direct

Section 2. The battalion of engineers shall conform,
as closely as may be, to the drills and exercises customary
with the corresponding arm of the United States service;
and shall be conducted by and be subject to all the laws,
rules and regulations made and provided for the national
guard of Ohio, and the code of discipline now established.

Section 3. This act shall take effect from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 152G

Drills and exer-
cises, etc.

[House Bill No. 810.]

AN ACT

To amend section 2689a of the Revised Statutes of Ohio, as
amended April 24, 1896 (92 O. L., 312).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2689a of the Revised Statutes Finance and
of Ohio, as amended April 24, 1896 (92 O. L., 312), be ^""^"^
amended so as to read as follows, viz.:

Sec. 2689o. The aggregate of all taxes levied or or- Maximum oi
dered by any other municipal corporation than cities of the Siowafflc^n***^*
first grade of the first class, including the levy for general JJScr^tffn ci*n-
purposes above the tax for the county and state purposes, cinnati.
and excluding the tax for school and school-house pur-
poses, and in villages of the first class any tax levied for
the creation of a library fund as provided in an act passed
March 15, 1892, entitled "An act to provide for the crea-
tion of library boards for certain cities and villages, and
prescribing the duties of such boards," shall not exceed in
any one year, in cities of the second grade of the first class,
nine and three-tenth mills; and for paving streets, seven-
tenths of one mill; and for park purposes five-tenths of

196

one mill; and for sewer purposes three mills; and for
garbage disposal purposes, five-tenths of one mill; and
such further rates as may be necessary to pay the interest
on the public debt, and to create a sinking fund as pro-
vided in section two thousand seven hundred and twelve;
in cities of the third grade of the first class, sixteen mills;
provided, however, that out of the proceeds of such levy
the interest on the indebtedness of such corporation shall
first be paid; and annually not less than two (2) mills of
the remainder shall be levied for sinking fund purposes;
in cities of the first and second grades of the second class,
•eight mills, and in addition thereto, such further rate not
•exceeding five-eights of one mill, as may be necessary to
■create a sinking fund for the payment of the principal and
interest of the bonds of such cities that may hereafter be
issued for the purpose of building and maintaining main
trunk sewers in said cities; in cities of the third [grade] of
the second class ten, and in cities of the third grade a of
the second class ten mills; provided that in cities of the
third grade of the second class, which by the federal census
of 1880 had a population exceeding (15,800) fifteen thou-
sand eight hundred, such cities, for the purpose of con-
structing wharves and landings and keeping the same in
repair, are authorized to levy such further sum, not ex-
ceeding eighteen mills in all, as may be necessary to pro-
vide a fund for the construction and keeping in repair of
such wharves and landings ; in cities of the fourth grade of
the second class, nine mills; in villages of the first class
eight mills, and in all other villages ten mills on each dol-
lar of {he value of any property as valued for taxation on
the county tax-list; provided, however, that in all cities of
the fourth grade of the second class, such further rate may
[be] levied in addition to the foregoing limitation as will
enable the cities to comply with any contract entered into
by such cities or any of them, under the provisicms of
section two thousand four hundred and thirty-four, as
Distribution of amended January 29, 1885 (O. L., vol. 82, page 11) ; and
such taxes. ^j^^ pfovided tJiat the coancib of the municipalities men-

tioned in this section shall, annually at the time the rate
of levy is fixed, provide by ordinance for the distribution
of the tax among the several departments of the corpora-
tion in such proportion to their needs as the council may
deem necessary; and at no time thereafter shall the
amounts specified as necessary for the purposes named^ be
changed and all transfers of funds from one account to
Surplus in vii- anotiicT are hereby expressly prohibited; provided, how-
Lrfs^il^^roi"""^ ever, that nothing in this section shall be construed or con-
Dowiawtax. sidercd as prohibiting the council of any incorporated vil-
lage from transferring by resolution or ordinance, any sur-
plus or part of surplus now or hereafter existing in the
police fund of such village, arising from the special tax
known as the Dow law tax, to any other fund or funds of
the same, for the uses for which such other fund or funds
are established.

197

Section 2. That said section 2689a of the Revised Repeal*
Statutes of Ohio, as amended April 24, 1896, be and the
same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 21. 1898. 153G

[Senate Bill No. 84.]

AN ACT

To amend section 2491:/ (1) Revised Statutes of Ohio as enacted
March 17, 1893 (90 O. L., page 102).

Section 1. Be it enacted by tlie General Assembly of
the State of Ohio, That section 2491d (1) Revised Statutes Gas companies :
of Ohio, as enacted March 17, 1893 (90 O. L., page 102),
be amended so as to read as follows:

Sec. 2491c( (1). The members of said boards shall give Bond and com-
bonds as provided by law, in the sum of not less than five m "mii-rs^of'^
thousand dollars (|5,000) each and shall each receive a board in Toledo,
compensation, for services of three dollars (f3) for each
day that he is employed in his official duties, and five cents
per mile when traveling on official business, with an al-
lowance of two dollars (f2) per day for hotel expenses in
connection therewith when his official duties take him out
of such city, provided, that not more than one day's com-
pensation shall be received for any calendar day; payable
out of the natural gas fund of such city within forty (40)
days.

Section 2. That supplementary section 2491rf (1) Re- Repeals,
vised Statutes, passed March 17, 1893 (O. L. 90, page 102),
be and the same is hereby repealed.

Section 3. This act shall take effect and be in force when act ukes
from and after the expiration of the respective terms of the
present incumbents.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 21, 1898. 154G

effect.

198

Costs and fe«s
in inquests of
insanity.

[Senate Bill No. 167.]

AN ACT

To amend section 719 of the Revised Statutesl.(0. L., vol. 89,

page 241).

Section 1. Be it enacted by the General Assembly of
Asylums for the tfu! State of Oliio, That section 719 of the Revised Statutes
insane: ^q j^^ ^^j^ gg^ ^^^^ 241), be^ amended so as to read as

follows:

Sec. 719. The taxable costs and expenses to be paid
under the provisions of this chapter shall be as follows: To
the probate judge with whom the affidavit is filed, the sum
of two dollars for holding an inquest; for each warrant, cer-
tificate or subpoena he necessarily issues, the same fees ts
are allowed by law to the clerk of the court of common
pleas for similar services; and the amount of postage on
all communications to and from the superintendent which
the judge is required to pay; to the medical witness who
makes out the certificate, two dollars, and witness fees
such as are allowed by law in other cases ; to the witnesses
and constables, the same fees as are allowed by law for like
services in other cases; to each person employed by the
probate judge to commit a lunatic to the county infirmary,
seventy-five cents per day; to the jailor for keeping an
idiot or insane person, thirty-five cents per day; to the
sheriff, or other person, other than an assistant, for taking
an insane person to a state hospital, or removing one there-
from upon the warrant of the probate judge, mileage at
the rate of five cents per mile, going and returning, and
seventy-five cents per day for the support of each patient
to or from the hospital, and to one assistant five cents per
mile, each way, and nothing more, for said services, the
number of miles to be computed in all cases by the nearest
route traveled; the costs specified shall be paid out of
the county treasury, upon the certificate of the probate
judge, provided that when it appears necessary to the
sheriff at the time of conveying said person to the hospital,
the condition of the patient requires the same, he shall be
authorized to provide a conveyance for said patient from
the nearest railroad station, except that in counties where
state hospitals are located, the sheriff may provide a con-
veyance from the county seat, and the costs of the same
shall be taxed in the bill of costs and paid as other costs
in the case.

Section 2. That said section 719 be and the same is
hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate.

Passed April 21, 1898. 155G

Repeals.

199

[Senate Bill No. 239.]
AN ACT

Cleaning out of
ditch ; petition
and bond of
landowner.

To amend sections 4497 and 4498 of the Revised Statutes of Ohio, as
amended by an act passed March 25, 1898.

Section 1. Be it etiacted by the General Assembly of
the State of Ohio, That sections 4497 and 4498 of the Revised county ditches:
Statutes of the state of Ohio, as amended by an act passed
April 6, 1893, be amended as to read as follows:

Sec. 4497. When any county ditch needs to be cleaned
out, any owner of any tract or lot of land which was assessed
for its original construction may make an application in
writing to the county commissioners setting forth the
necessity thereof, and there shall be filed with such appli-
cation a bond payable to the state of Ohio, with one or
more sureties thereon, to the satisfaction of said county
commissioners, in the sum of one hundred dollars, con-
ditioned for the payment of all costs if the prayer of such
application be not granted; and upon the approval of such
bond the commissioners shall fix a day when they will
meet at the beginning point on said ditch, not less than
ten days nor more than twenty days, and enter the same
on their journal, and the said petitioner shall then give at
least three days' written notice to all persons interested,
of the time and place, when and where said county com-
missioners will meet to hear said application, and they may
adjourn the hearing from day to day or to such time as
necessity may require.

Sec. 4498. On the day named in said order, the county
commissioners shall meet at the time and place named
therein and determine by actual view of the said ditch and
the premises along and adjacent thereto, whether the said
ditch shall be cleaned out; and any person interested in
said ditch may at that time file a petition with the said
county commissioners, a petition asking for the tiling of
the whole or any part of said ditch, and the county commis-
sioners shall at the same time hear the said petition 'and
may order the whole or any part thereof tiled and prescribe
the dimensions of such tile, and they shall make their report
in writing and enter the same upon their journal, and if
they find that the said ditch does not need to be cleaned
out, then they shall dismiss said application at the cost of
the applicant and order the county auditor to collect the
costs and expenses thereof by suit upon said bond if the
same is not paid within twenty days from the date of said
order; and if the county commissioners find that said ditch
or any part thereof needs to be cleaned out, they shall by
an order entered on their journal, appoint the county sur-
veyor to go upon the line of said ditch and furnish him
^ith the original specifications of said ditch, and fix the
time when he shall file his report with the county auditor.

Commissioner!
to fix day of
meeting:.

Notice by peti-
tioner to inter-
ested persons.

Examination by
commissioners.

Petition for
tninfir ditch ;
hearing by com-
missioners and
order.

Finding against
petitioner.

Finding for
petitioner.

200

JEx^^ns^ of

Ci<:ai2]t]]^ out

and tiiing^ of
ditch : how a|>-
jjOTtioncd.

Report of »ur-
reyor.

Finding for or
against survey-
or's report.

Sale of work :
bond.

Surveyor's re-
port on comple-
tion of contract ;
payment of con-
tractor.

Itemized state-
ments of ex-
penses.

Repeals, etc.

The examiner, so appointed, shall, after being sworn, ex-
amine and reapportion the costs of cleaning the same out
according to its original capacity, together with the costs
of tiling the same if so ordered by the county commissioners,
among all the parties benefited thereby, unles^ ne shall find
that the necessity for cleaning out has occurred by the act
or neglect of any landowner along the line of said ditch,
in which case such an act or neglect shall be considered;
and he shall make a report of his proceedings to the county
commissioners on or before the day so fixed by them, and
on the day so fixed by them, the county commissioners
shall meet at their office and hear any and all exceptions
filed to said report; and if the county commissioners find
that said report is fair and just, they shall approve and
confirm the same, and if they find that the same is unfair
and unjust, they shall amend the same so as to make the
same fair and just and then approve and confirm the same,
and shall, after having approved and confirmed the same,
enter the same upon their journal, and the county auditor
shall place the same upon the tax duplicate against the lands
upon which they were assessed to be collected as other taxes,
and said county commissioners shall then order the said
surveyor or engineer to proceed to sell the work of clean-
ing the same out in sections bounded by farm lines, at public
auction to the lowest bidder, and said surveyor shall fix
the time in which each section shall be completed, and shall
take a bond with good and sufficient surety, to be approved
by him for the faithful performance of such contract, and
when the whole of said work is completed, he shall make
a report thereof to the county commissioners, who shall
approve of the same, and the contractor shall be paid on the
warrant of the county auditor on the county treasurer, out
of the assessments so made and paid upon the certificate
of such surveyor, that he has performed his contract, but
if at the presentation of any certificate, all assessments have
not been made, payments shall be made thereon pro rata.
Said examiner shall return to the county commissioners
an itemized statement of all expenses incurred in the clean-
ing out of said ditch, including the sum of f4.00 per day
for his services, and ?1.50 per day for all necessary help.

Section 2. That said sections 4497 and 4498, as
amended March 25, 1898, be and the same are hereby re-
pealed, and this act shall take effect and be in force from
and after its passage.

HARRY C MASON,
Speaker of the House of Representatives

ASAHEL W. JONES,

President of the Scmtc,
Passed April 21, 1898. 156G

201

Deputy sealer of
weigflits and
measures: ap-
pointment;
duties: compen-
sation.

Sealer of
weights and
measures in
Toledo : appoint-
ment; salary ;
term ; deputy.

[Senate Bill No. 291.]

AN ACT

To amend section 10(51, Revised Statutes of Ohio, as enacted May 18,
189-1 (O. U, vol. 91, p. 802), and to provide for a city sealer of
weights and measures in cities of the third grade, first class.

Section 1. Be it enacted by the General Assembly of
the State of OhiOy That section 1061, Revised Statutes of county auditor:
Ohio, as enacted May 18, 1894 (O. L., vol. 91, p. 302),
be and the same is hereby amended so as to read as follows :

Sec. 1061. Every county sealer of weights and meas-
ures may appoint by writing under his hand and seal a
deputy, who shall compare weights and measures brought
to the office of the county sealer for that purpose, with
the copies of the original standarfls in the possession of
the county sealer, and who shall receive for the perform-
ance of that duty, the compensation in each case provided
bylaw; provided, however, that in cities of the third grade
of the fir§t class there shall be appointed by the mayor,
and confirmed by the common council, one sealer of weights
and measures, a competent person for the position, who
shall receive a salary of fifteen hundred (|1,500) dollars
per annum, to be paid by the city, and which shall be in
lieu of all fees or charges otherwise allowed by law. Such
sealer shall hold his office for a term of two years and
until his successor is appointed and qualified, and he shall
be authorized to appoint a competent deputy, at his own
expense, to assist him in the performance of his duties.
Before entering on his duties, such sealer shall take the
oath of office required by law, and give a bond to the city,
conditioned for the faithful performance of his duties, with
security, to the approval of the common council, in the
sum of one thousand (f 1,000) dollars. State sealer of weights
and measures, as provided in section 145, Revised Statutes
of Ohio, shall furnish, for the use of such sealer, all nec-
essary and approved standard measures, and also all stand-
ard weights required, under fifty pounds, with necessary
subdivisions. Such sealer shall furnish, at his own expense,
not less than, two thousand pounds of standard weights to
be used in testing wagon and other large scales, and shall
use not less than one thousand pounds in testing wagon
scales, and not less than two thousand pounds in testing
raibroad track scales. It shall be the duty of the sealer
to faithfully devote his time to the performance of the duties
of his office, and to test all weights, measures, scales, beams,
steelyards, and other machinery used for weighing or meas-
uring, within such cit^, at least once in every year; and,
upon being notified, m writing, by any person that any
weight, measure, scale, beam, steelyards, or other machinery
for weighing or measuring any article intended to be pur-
chased or sold in such city, is inaccurate, or believed to

Oath : bond.

State sealer \o
furnish copies of
standards.

Sealer to furnish

standard

weights.

Duty of sealer.

202

*>r:a>rr ?ii.* police

Ayyrovil of
•w<-:ght6 or
5iie*t.ure«.

Confiscation and
destruction of
unlawful
weights and
measures.

Use of weights,
measures, etc.,
not standard
prohibited.

False or short
weight or meas-
ure.

Altering weight,
measure, etc.

Persons re-
quired to ex-
hibit to sealer
weights, meas-
ures, etc., for ex-
amination, test-
ing and
marking.

Penalty.

Repeals.

be SO, or not according to the standard, to at once make
an examination of the same; and ip the exercise of such
duties he shall have full police powers to enforce any and
all reasonable measures for testing such weights and meas-
ures, and also in ascertaining whether false or short weights
and measures are being given in any sales or transfers of
articles of merchandise taking place within such city; and
after he shall have found such weights and measures to be
correct and according to the standard prescribed by law,
he shall seal or mark the same with a stamp, or by pasting
a card thereon, as he may deem most proper, with the letters
"C. S.," the initials for "City Sealer," which said cards and
seals shall be provided by the city. If such sealer shall
find, upon examination of any weights or measures used
by any person, that the same do not conform to the standard
prescribed by law, he sl^iU have authority to confiscate such
weights or measures and destroy the same. No person shall
use weights, measures, scales, beams, steelyards, or other
machinery for weighing or measuring any article intended
to be purchased or sold in such city, or any weight or meas-
urement in which other persons or the public are interested,
which do not conform to the standards prescribed by law.
No person shall give or direct or permit any person in his
employ to give any^ false or short weight or measure in
the sale or transfer of any property in such city, whereby
any person may be defrauded or injured.' No person shall
alter or permit to be altered, or knowingly use or permit
to be used, after the same shall have been altered, any
weight, measure, scale, beam, steelyards, or other instru-
ment for weighing or measuring, after the same shall have
been tested, marked and sealed, which, by reason of such
alteration, shall not conform to the legal standard. It shall
be the duty of every person or persons, when called upon,
to exhibit to such sealer all weights, measures, scales, beams,
steelyards, or other machinery by them used or intended
to be used for weighing or measuring any article or com-
modity, bought or sold, and permit said sealer to examine,
test and mark the same. Any person violating any of the
provisions of this act, or any section thereof, shall, upon
conviction thereof in any court having jurisdiction thereof,
be fined not less than five (|5.00) dollars nor more than
twenty-five (|25.00) dollars for the first offense, or impris-
oned not more than thirty days, or both; and, upon con-
viction for any subsequent offense, shall be fined not less
than twenty-five (|25.00) dollars nor more than one hun-
dred ($100.00) dollars, or imprisoned not more than sixty
days, or both, and shall stand committed until such fine
and costs are paid.

Section 2. That said section 1061, Revised Statutes
of Ohio, as enacted May 18, 1894 (O. L., vol. 91, p. 302\
be and the same is hereby repealed.

203

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 157G

[House Bill No. 789.]

AN ACT

To provide for the licensing of bicycles and the construction and
repair of bicycle paths.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That whenever in any year the county
commissioners of any county shall declare it desirable to
construct or repair bicycle paths on any of the highways
of such county and shall have published notice of such decla-
ration for ten days in a newspaper of general circulation
in the county, every person residing in such county shall
procure a license and pay the sum of one dollar for each
bicycle owned by him and used on the highways of such
county.

Section 2. Licenses granted under this act shall date
irom the first day of June in the year in which they are
issued, and shall be good for one year from that date.

Section 3. Licenses shall be obtained from the county
auditor, who shall sign and issue the same, designating
therein the person to whom and the bicycle for which it is
issued; and he shall keep a book designated "bicycle book,"
in which he shall enter in alphabetical order the name and
residence of persons to whom licenses have been issued,
the number of the license and the year for which issued,
and he shall furnish with each license a metal tag of suitable
fonn and design and bearing the number of the license.

Section 4. All moneys received for such licenses shall
be paid monthly into the county treasury to the credit of the
bicycle fund, and shall be used by the county commissioners
in the construction and repair, or either, of bicycle paths
on the highways, or any of them, of such county, and in
paying for the printing of .the licenses and cost of said book
and tags, and for no other purpose.

Section 5. The paths herein provided for may be
constructed on any of the highways of such county, and
shall be constructed outside or along ont side of the trav-
^ed roadway.

Section 6. Every person using any bicycle upon any
of the highways of any such county for which a license fee
is required to be paid by the provisions of this act shall

I^icense upon
bicycles.

Life of license.

Prom whom
obtained.

Record of
licenses.

MeUl Us: to

accompany

license.

License money
to be used in
construction
and repair of
bicycle paths,
printing, etc.

Construction of
paths.

Bicyclist to
exhibit tag on
wheel.

204

exhibit upon the left side of the front fork of such whee
the metal tag furnished by the auditor.
Penalties. SECTION 7. Any pcrson who shall intentionally an

without necessity therefor ride or drive an animal or driv
a vehicle drawn by an animal upon or along any such patF
or any person who shall violate the provisions of section
of this act shall be deemed guilty of a misdemeanor, an
upon conviction thereof shall be punished by a fine of nc
more than fifty (|50) dollars, which shall be paid into sai
bicycle fund.

Section 8. This act shall take effect and be in fore
from and after its passage.

JOHN E. GRIFFITH,
Speaker pro tetn. of the House of Representative:
ASAHEL W. JONES,

President of the Scnai
Passed April 21, 1898. 158G

cipalities.

[Seuate Bill No. 223.]

AN ACT

To amend an act entitled " An act to amend * an act to authori
the issuing of bonds and levying of special assessments
pay for laying water-pipes in municipal corporations situat
in counties containing cities of the second grade of the fii
class,'" passed and took effect March 29, 1892. (89 0.
page 163.)

Section 1. Be it enacted by the General Assembly

Assessments for the State of Ohio, That in all municipal corporations, exce

pIp^s^iTmuni- citics of the first class, whenever in the opinion of t

council or board of trustees, it is necessary as a means

protection against fires, or* upon the recommendation

the board of health of such corporation, when in its opi

ion it is necessary as a sanitary measure, or whenever

petition subscribed by a majority in frontage interests

the owners of property bounding or abutting upon ai

street or highway of any description, between designat

points, is presented to the council, or board of trustees, i

questing the laying of water-pipes or mains in such stre

or highway between such points, the council or board

trustees is hereby authorized to levy and assess the cc

thereof upon the lots or parcels of land bounding or abi

ting upon such street or highway between the points desi

nated, by the front foot, or according to the valuation

the same on the tax duplicate, or according to benefits

the council or board of trustees may by ordinance det(

mine, not to exceed twenty-five per centum of the acti

value of the lots of lands after the water-pipes or mai

are laid, and to issue the bonds or notes of the corporatic

bearing interest at a rate not exceeding six per centii

per annum from the date of issue, payable semi-annual

Issue of bonds
or notes.

205

for the purpose of paying the cost and expense of laying

such water pipes or mains until such assessment can be

Ie\ied and collected; provided, that in making such assess- Provisions gov-

ments the council or the board of trustees shall be governed Sf°a°slsTmcn"tf .

by the provisions of chapter 4, division 7 of title 12 of the

Revised Statutes; provided, also, that guardians of infants, ^^^ ^"^ °Ja5f *^"

idiots, imbeciles, lunatics or drunkards may sign such peti- d\an. ^ *^"*^"

tion on behalf of their wards when so authorized by the

probate court on good cause shown.

Section 2. Said act to amend said act as passed Repeals, etc.
March 29, 1892, is hereby repealed, and this act shall take
effect and be in force from and after its passage.

HARRY C MASON,
Speaker of 4he House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 159G

[Senate Ml No. 519.]

AN ACT

To amend section 5 of an act entitled "An act to authorize the im-
provement of public roads in certain townships by the township
trustees thereof," passed March 19, 1891 (O. L., vol. 88, page 144).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 5 of an act entitled "An act ^'JJ^fh^"^c^^r
to authorize the improvement of public roads in certam fSrd"couSty.™^'
townships by the township trustees thereof,*^ passed March
19, 1891 (O. L., vol 88, page IM), be amended so as to
read as follows:

Sec. 5. If at siKh election a majority be found in favor Appointment of
of the poBcy ol the improyenicnt of the pwbSc roads of Jfon."'""'""
sndi towssbtp by general taxation, the tnrstees of such
township shall appoint three freeholders of such township,
at least two of whom shall reside within the corporsrte limits
of such city, to designate and determine the es^Kshed
roads of snch townsh^ which should, in their opinion, be
improved; but no pnblic highway within the corporate
limits rf such city shall be so designated unless it forms
a junction with a public road extending to and beyond the
limits of snch township. The commissioners shall call to Kngineer to
their aid a competent engineer, who shall make a correct ?iad map S5d*^
map of the township, plainly showing the established roads p^fiics ^r roadi.
of such township which have been by such commissioners
designated for improvement, and also profiles of such roads,
showing the grades thereof as they then exist, which he
shall turn over to the custody of the township clerk. Pro- when township
yided, that as to all public roads which may be established liVpi^aleo? ?om-
^n any such township after the making and filing of the missioners.
final report of such commissioners, and as to all undesig-

Repeals.

206

nated roads extending into adjoining townships, when tl
part of the road in the adjoining township has been ir
proved by piking the same, the trustees of such townsh
shall thereafter be authorized to act in the place of su(
commissioners, and shall have like power to, in like ma
ner, designate any or all such roads, as may to them appe
judicious, for such improvement, and like proceedings sh<
be had as herein, and in the act to which this is amendator
provided.

Section 2. That said original section 5 be and tl
same is hereby repealed.

Section 3. This act shall take effect and be in fori
from and after its passage.

HARRY G. MASON,
Speaker of the House of Representatm
ASAHEL W. JONES,
President of the Senai
Passed April 21, 1898. 160G

•if. :

•' >L>

Prosecuting:
attorney :

Solicitor of Cuy-
ahoga county ;
term; duties;
office; salary.

[House Bin No. 785]

AN ACT

To amend section 1282a of the Revised Statutes, as amended Api
27,1896 (92 V. 329).

Section 1. Be it enacted by the General Assembly i
the State of Ohio, That section 1282a of the Revised Statute
as amended April 27, 1896 (92 vol., 329), be amende
so as to read as follows:

Sec. 1282a. There shall be elected triennially by tl
qualified electors of any county containing a city of tl
second grade of the first class, a solicitor, who shall be a
attorney at law, and shall hold his office for three years froi
the first Monday in January next after his election; pre
vided, that solicitors now in office shall serve during tl
term for which they were elected. He shall be the leg;
advisor 'and attorney of the board of county commissionei
and other county officers of the annual and decennial boarc
of equalization, of the board of revision, of the townshi
trustees, and all other township officers in every township i
the county, except townships containing municipalitie
whose boundaries are coextensive with the boundaries of tli
township, in all other matters relating to their official dutie
and he shall be required to prosecute or defend all suil
and actions which said board of county commissioners ma
direct or which may be required to be brought by or whic
may be brought against any of said officers or any of sai
boards, and shall have all the powers and perform all th
duties of the prosecuting attorney under sections 1274, 127(
1277 and 1279 of the Revised Statutes. He shall prepar
all contracts, bonds and other instruments in writing i

207

which the county is concerned, and shall indorse on each
his approval of the form and correctness thereof, and no
contract with such county or any of its officers shall take
eflfect until he has indorsed thereon such approval. It shall
be the [his] duty, whenever requested so to do, to give legal
advice and to furnish opinions in .writing to any county
oflScer, and to any of said board with regard to their official
duties, a record of which opinions shall be kept in his office.
And when requested so to do, he shall attend all regular,
adjourned or special meetings of said boards, and shall be
entitled to protest against any action taken or contem-
plated by any of said boards, which protest shall be entered
on the minutes of the meeting thereof. His office shall be ^

at the seat of justice in his county, in such room or rooms
as are provided by the board of county commissioners, and
he shall receive a salary of |3,000 per annum, payable
monthly, out of the county treasury on the \yarrant of the
county auditor.

Section 2. In Cuyahoga county, the solicitor now Assistant soiic-
holding said office, or who may be hereafter elected to mcntf?St*y^
such office, shall appoint an assistant solicitor, and said ^*^™ • saUry.
assistant shall have full power to do and perform all duties
imposed by law upon the solicitor of said county in his
absence, and his term of office shall be the same as that
of such solicitor; said assistant solicitor to receive |2,500
per year, payable in the same manner as that of the solicitor.

Section 3. In Cuyahoga county, the solicitor now stoiicitor's
holding said office, or who may be hereafter elected to such mcnt! qSaSfiai-
office, may appoint a clerk, who shall be a competent sten- ^^^^ ' ■*^*nr.
ographer, and who shall receive such salary as may be
fixed by the county commissioners, not exceeding 11,000
and not less than |900 per annum.

Section 4. That section 1282a of the Revised Stat- Repeals, etc.
utes, as amended April 27, 1896 (92 vol., page 329), and
all other sections of these statutes in conflict with this act
be and are hereby repealed, and this act shall take effect
and be in force from and after its, passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 161G

[House Bin No. 711]

AN ACT

To amend section 3414 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assefnbly of
the State of Ohio, That section 3414 of the Revised Statutes Railroad compa-
ol Ohio be amended so as to read as follows: "^**'

208

-Certain rights of
way forfeited.

Repeals, etc.

Sec. 3414. Where, upon an unfinished road, a right
of way, or any part thereof, remains for ten years unused
for railroad purposes, it shall be held forfeited, and shall
revert to the owner of the land, unless at least twenty miles
of the road have been completed by the company during
that period, or unless an average of one thousand dollars
per mile has been expended for construction before the
expiration of said period of ten years.

Section 2. Said section 3414 of the Revised Statutes,
be and the same is hereby repealed, and this act shall take
effect on and 'after its passage.

HARRY C. MASON,
Speaker of the House of Represottatizcs.
ASAHEL W. JONES,

Presidefit of the Senate.
Passed April 22 1898. 162G

Conduct of elec-
tions:

Toting shelves
and guard-rails ;
arrangement of.

-Arrangement of
ballot-boxes and
voting booths. '
Number of
shelves required.

Who permitted
within rail.

Supplies for
marking ballots.

Return of
booths, gliard-
rails, etc.

[Senate BiU No. 390.]
AN ACT

To amend section 2966-33 of the Revised Statutes of Ohio, being
section 19 of an act, as amended April 25, 1893 (O. L., vol. 90,
page 274).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That (2966-33) section 19 be amended so
as to read as follows:

[(Sec. 2966-33.)* Sec. 19.] The deputy sUte supervisors
shall provide a sufficient number of votii^ shelves at which
electors may conveniently mark their ballots, so that in
the marking thereof they shall be protected from the obser-
vation of others by cloth screens or other device, extending
from the top of the booth to a levei with or below the vot-
ing shelf, and a guard-rail shall be so constructed and
placed that only such* persons as are inside said rail can
approach within six feet of the ballot-boxes or of such
voting shelres. The arrangements shall be such that neither
the ballot-boxes nor the voting booths shall be hidden from
view of those outside the said rail. The number of such
voting shelves shall be not less than one for every seventy-
five electors qualified to vote at such polling place. No
person other than the judges of election and such officers
as are provided for by the statutes of this state or of the
United States, and electors admitted as herein provided,
shall be permitted within said rail, except by authority of
the election officers, for the purpose of keeping order and
enforcing the Isiw. Each voting shelf shall be provided
with proper supplies and conveniences for marking the bal-
lot. After each election the judges of elections shall see
that the booths, guard rails and other equipments are re-
turned to the clerk of the township or corporation in which

209

the precinct is situated, for safe keeping, and it shall be the Placing of such
duty of such clerk to have such booths and equipments on J?ect?Si«°*' ^^
hand and in place at the polling place in each precinct before
the time for opening the polls on election day, and for this
service the deputy state supervisors may allow the necessary
expense incurred; provided, that where a board of elec-
tions is established by law, this duty shall devolve on such
board.

Section 2. Section 2966-33 of the Revised Statutes Repeals, etc.
of Ohio, being section 19 of an act as amended April 25,
1893 (O. L., vol. 90, page 274), is hereby repealed. This
act shall take effect and be in force from and after its
passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate,
Passed April 22, 1898. 163G

[Senate Bill No. 86.]

AN ACT

To provide custodial care for the feeble-minded.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there shall be a custodial depart-
ment established in connection with the Ohio institution
for feeble-minded youth. That said department shall be
ertirely and especially devoted to the reception, detention,
care and training of idiotic and feeble-minded children and
adults, regardless of sex or color, and shall be so planned
in the beginning, and constructed, as shall provide separate
classifications of the numerous groups embraced under the
terms idiotic and imbecile or feeble-minded. Cases afflicted
with paralysis shall have a due proportion of space and
care in the custodial department. It is specificallv deter-
mined that the processes of an agricultural training shall
be primarily considered in this department, and that the
employment of the inmates in the care and raising of stock
and the cultivation of small fruit, vegetables, roots, et cet-
era, shall be made largely tributary to the maintenance of
the institution. Such other industries as the board of trus-
tees and the superintendent may deem necessary and use-
ful for the welfare of the inmates, and as tending to their
proper employment, or as contributing to their develop-
ment, discipline and support, may, from time to time, be
added.

Section 2. That in order to carry into effect the ob-
jects of section 1 of this act, the trustees of said institution
shall purchase a tract of good, tillable land of not more
than 1,500 nor less than 1,000 acres in area, and as con-
14

Establishment
of custodial de-
partment at in-
stitution for
feeble-minded
youth.

Purchase of land
and erection of
buildings.

210

Appropriations.

Cost of mainte-
nance of chil-
dren over fifteen
vears of age ;
now ascertained
and paid.

Cost of inmate
under contract
not to be
charged to
county.

Iregal residence
of inmate.

Admission
under contract.

Admission of
children to de-
partment.

veniently located near the present institution^ as may be,
and to proceed, when appropriations are ma*de therefor,
in addition to the appropriation provided for in this act,
to erect thereon the buildings necessary to carry out the
objects and purposes of (section 1) of this act. Provided,
that the cost of said buildings shall not exceed the sum
of three hundred dollars per inmate to be accomodated.
And for the purpose of carr}'ing out the provisions of this
section, that there be and is hereby appropriated from
any money in the state treasury to tl:ie credit of the general
revenue fund not otherwise appropriated, thirty-five thou-
sand dollars for 1898 and thirty-five thousand dollars for
1899.

Section 3. That all persons over the age of fifteen
years who are now, or may hereafter become inmates of
the custodial department of this institution, from any
county in the state, may be charged by the trustees and
superintendent of said institution against said county, a
sum jiot exceeding the annual per capita cost to said county
of supporting the inmates in its county infirmary of said
county, as shown by the annual report of the board of state
charities, and it shall be the duty of the county treasurers
of all the counties to pay the annual drafts of the financial
officer of said institution for the aggregate of the sums so
chargeable against their respective counties, for the pre-
ceding year, for each and every inmate having a legal resi-
dence in said county retained in the custodial department
of this institution; provided, however, that in each and
every case where a parent, guardian, relative or friend of
any inmate is under contract and able to pay, and does pay
for the maintenance of any nimate, no charge or draft shall
be made upon the treasurer of the county wherein such
inmate has a legal residence. The county wherefrom an
inmate was originally admitted, shall be taken and deemed
for the purposes of this act as the legal residence of such
inmate.

Section 4. Any parent or guardian who may wish
to enter a child into said institution for treatment, culture
or improvement, and pay all expenses of such care, may do
so under terms, rules and regulations prescribed by the
superintendent and approved by the trustees.

Section 5. Said board shall receive as inmates of
said custodial department feeble-minded children, residents
of this state, under the age of fifteen years, who .shall be
incapable of receiving instruction in the common schools
of this state, and adults of the same class, over this age,
who are public charges. Said board shall prescribe, and
cause to be printed, instructions and forms of application
for the admission of such, and shall include therein inter-
rogatories to which they shall require answers, under oath,
showing such facts as may be needed for the information
of said trustees. Such printed instructions and forms shall
be furnished to all applicants for the admission of any

person or patient in Whqle or in part as a state beneficiary,
and shall be endorsed by the probate judge of the county
ill which he or she resides at the time of the making of
the application.

Section 6. Adults who may be determined to be Adu^u cntmed
feeble-minded, and who are of such inoffensive habits as ^° * *""* °°'
to make them proper subjects for classification and dis-
cipline in an institution for the feeble-minded, can be ad-
mitted, on pursumg the same course of legal commitment
as govern admission to the state hospitals for the insane.

Section 7. That the probate judge of a county, in fhSn^ma^k^**
approving an application for the admission of a person to sutement as to
said institution, shall state whether or not such person has abufty^of'liVsoii
an estate of sufficient value, or a parent or parents of suf- f^l^^l^l^^f
ficient financial ability, to defray the expense, in whole or 8™^)©??!*°** °
in part, of supporting such person in said institution, and
if there be such means of support in part only, then the
amount per month, which the parents or parent, or legal
guardian of such person, may be able to pay; and the per- sutement of
son or persons who make the application for such admis- £^pu,it?on/°'
sion, shall therein make statement, under oath, as to such
means of support. Said board of trustees, in accepting Trustees to fix
an application for the admission of any person, shall fix pSd°for support,
the amount, if any, which shall be paid for such support,
according to the ability of the parents or parent of the
person, or according to the value of such person's estate,
if any, and shall require payment for such support, as far
as there may be ability to pay, as a condition to the admis-
sion or retention of said person. Said amount may, at any
time, be changed by said trustees, according to their in-
formation concerning such means of support Where the
indi^nce of the person or her or his family be such as to
require his or her admission upon the full beneficiary fund
of the institution, the ascertainment of the facts shall be
as hereinbefore stated, and the support at the institution
be provided for as in section 3 of this act.

Section 8. Said board shall have authority to receive Gifts, legacies,
for the use of said institution, giits, legacies, contract en- |f^ **''*°*°^'*'
dowments, devises and conveyances of property, real or
personal, that may be made, given or gfranted to for such
institution, or ki its name, or in the name of said board.

Section 9. This act shall not be construed so as to Previous author-
abridge, limit or modify the authority, rights, or privileges pViViifges of in-
conferred upon the institution for the education, of feeble- fbridg?d by act.
minded youth by previous legislation in and for said in-
stitution.

Section 10. This act shall take effect and be in force
from and after its passage. ^^^^^ ^ ^^^^^^

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 22, 1898. 164G

212

Contract for care
and mainte-
nance of indi-
fent aged or in-
nn deaf and
dumb in home
provided by as-
sociation.

State board of
charities may
order removal of
ag:ed or infirm
deaf and dumb
person from
county infirm-
ary to home.

Repeals, etc.

[Senate Bill No. 416.]

AN ACT

To amend section 1 of an act entitled "An act relating to the care
and maintenance of aged and infirm deaf and dumb persons,"
passed April 27, 1896 (O. L., 92, p. 419).

Section 1. Be it enacted by the Getveral Assembly of
the State of Ohio, That section 1 of an act entitled "An act
relating to the care and maintenance of aged and infirm
deaf and dumb persons," as passed April 27, 1896 (O. L,
92, page 419), be amended so as to read as follows:

Sec. 1. That any incorporated association organized
for the purpose of providing a home for aged and infirm
deaf and dumb persons may enter into a contract with the
board of county infirmary directors of any county for the
care and maintenance at such home of any aged or infirm
deaf and dumb person who may be an inmate of the county
infirmary, or who may, under the laws of the state, be en-
titled to admission thereto. And in every such case the
county in which such infirmary is situated shall, during the
period such person may remain in such home, pay to such
association, annually, a sum equal to the per capita cost of
maintaining inmates in the infirmary of such county.
Provided, Siat wherever any such aged or infirm deaf and
dumb person is maintained in any county' infirmary in this
state, and who, in the judgment of the board of state chari-
ties, should be removed from such infimary to a home or-
ganized under provision of this section, that said board of
state charities may order the removal of said person from
said infirmary to said home; and where any such person
is removed on the order of said board of state charities
from an infirmary to said home, then the transportation
of said person to said home and his (or her) maintenance
shall be paid by the infirmary directors of said county in-
firmary as heretofore provided in this section.

Section 2. This act shall take effect and be in force
from and after its passage, and said original section 1 of
an act entitled "An act relating to the -care and main-
tenance of aged and infirm deaf and dumb persons," passed
April 27, 1896, is hereby repealed.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 22, 1898. 165G

213

[House Bill No. 574.]

AN ACT

To amend section forty- four hunclred and fifty-five (4455) of the
Revised Statutes' of Ohio, as amended March 24, 1898.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section forty-four hundred and fifty- county ditches:
five (4455) of the Revised Statutes of Ohio be amended
to read as follows :

Sec. 4455.. The commissioners shall, also by their or- ^J'^rta^nSSIis-
der, direct the county surveyor or engineer to make and SSt, e*t" *of*"*'
return a schedule of all the lots and lands, and public or *^°«t of ditches,
corporate roads or railroads that will be benefited, with an
apportionment of the cost of location, and the labor of
constructing the improvement, in money, according to the
benefits which will result to each, and in apportioning the
costs of such improvement the benefits to any lots or lands
by diking the same in whole or in part shall be considered
with other benefits, and a specification of the manner in
which the improvement shall be made and completed, the
number of flood-gates, waterways, farm crossings and
bridges necessary, including kinds and dimensions thereof,
and all county and township lines and railway crossings.

Section 2. That said section number forty-four hun- Repcau.
dred and fifty-five (4455) of the Revised Statutes of Ohio
is hereby repealed.

Section 3. This act shall take effect and be in force ^\din°^g?^uit8
from and after its passage; and shall affect pending pro- affected by^act. *
ceedings or suits so far as the nature of the foregoing pro-
visions are applicable.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 22, 1898. 166G

[Senate Bill No. 503,]-

AN ACT

To amend section 553 of the Revised Statutes of Ohio, as amended
March 22, 1898.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section five hundred and fifty-three Provisions for
(553) of the Revised Statutes, as amended March 22, 1898, <=°"^**°f^^<^°^d
be and is hereby amended to read as follows:

Sec. 553. The court of common pleas and circuit court consu-
court in any county, and the superior court in any city or mini *S5t^"s^"
county, and the insolvency court and probate court in any
county containing a city of the first class, (except fourth

grade), and of the first grade of the second class, may each
appoint one or more constables to preserve order and
discharge other duties as the court requires; and in any
county containing a city of the second grade of the second
class, the constables so appointed by the court of common
pleas shall perform the same duties in the probate court;
and each constable, when so directed by the court, shall
have the same power to call and impanel jurors, which by
law the sheriff of the county has, except in capital cases.

Compensation, jj^g compensation of such constables shall be the same as
that of regular jurors; except in the counties containing a
city of the first grade of tlie first class and of the first grade
of the second dass, and of the second grade of the first
class, the compensation of all court constables shall be
one thousand dollars per annum each; and in counties
containing a city of the second g^ade of the second class,
or second class, third grade &, the compensation of each
court constable shall be eight hundred dollars per annum,
payable monthly; and in all counties having a population
of not less than eighty-four thousand one hundred [and]
fifty and not more than eighty-four thousand two hundred
and fifty at the federal census of 1890, it shall be six hun-
dred dollars per annum, and in counties containing cities of
the third g^ade of the first class the compensation of such
constables so appointed by the court of common pleas shall
be six hundred dollars (f 600.00) per annum; and in all
cases shall be paid out of the county treasury on the order
of the court

Repeal*, etc. SECTION 2. That scction 553 of the Revised Statutes,

as amended March 22, 1898, be and the same is hereby re-
pealed; and this act shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,
President of the Senate,
Passed April 23, 1898. 167G

[Senate Bill No. 25.]

AN ACT

Railwavs in cor-
porate limits:

Power to lease
or purchase, to
enter into bene-
ficial arrange-

To amend section 2b0ba of the Revised Statutes of Ohio, as exacted
April 22, 1896 ( 92 O. L., p. 277 ).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2505a of an act passed April
22, 1896, entitled *To amend and supplement section
2505a of the Revised Statutes of Ohio" (O. L., 92, page
277), be amended so as to read as follows:

Sec. 2505a. Any corporation or company organized
for street railway purposes, may lease or purchase any
street railroad, or street railroads, or railroad operated as

215

a street railroad and by electric power or inclined plane mcnts, to pur-
railroad or railroads, together with all the property, real, c^"« *^°«^^' «*«•
personal and mixed, and all the franchises, rights and privi-
leges respecting the use and operation of such railroad or
railroads, situate or existing in whole or in part within this
state, constructed and held by any other corporation or
company, corporations or companies, the latter being here-
b> invested with corresponding power to let or sell upon
such terms and conditions as may be agreed upon between
the corporations or companies; and any two or more of
such corporations or companies may enter into any agree-
ment for their common benefit consistent with and calcu-
lated to promote the objects for which they were created.
No such lease or purchase shall be perfected until a meet- Perfection of

- , . « , . t e ^ f X • « «' lease or pur-

mg of the stockholders of each of the companies has been chase,
called for that purpose by the directors thereof, on thirty
days' notice to each stockholder, at such place, and in such
manner, as is provided for annual meetings of the com-
panies, and the holders of at least two-thirds of the stock
of each company, in person or by proxy, at such meeting,
or at any properly adjourned meeting, assent thereto.
Provided that any stockholder who refuses to assent to f j^^Jj^* ^f^^ J.
such lease or sale and signifies the same by notice in writ- howclf * ^ '
ing to the lessee or purchaser within ninety days there-
after, shall be entitled to demand and receive compensa-
tion in the manner provided for the compensation of stock-
holders in sections 3302, 3303 and 3304 of the Revised
Statutes, and the said sections are adopted and made to
be a part of this section. Provided, that, whenever any p°oiiJff^^ ^^^^
such lease or purchase is made as herein provided, there
shall be no increase of the existing rates of fare by reason
of such lease or purchase nor shall any fare be charged
upon any of the separate routes so leased or purchased in
excess of the fare charged over such separate routes prior
to the lease or purchase thereof, and provided that when
any such lease or purcha3e is made as herein provided,
the fare charged for one continuous route or ride in the
same general direction over all such leased or purchased
lines within any municipal corporation shall not exceed
the maximum fare charged over any one of said lines
prior to such lease or purchase.

Section 2. That section 2505a of an act to amend R«p«ais.
and supplement section 2505a, of the Revised Statutes of
Ohio, passed April 22, 189G (92 O. L., page 277), be and
the same is hereby repealed.

Section 3. This act shall take eflfect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 108G

216

Lease to Colum-
bus, Hocking
Valley and
Athens railroad
company; terms
and conditions.

When work of
construction to
be completed.

Repeals, etc.

[Senate Bill No. 455.]

AN ACT

To anieud sections 2 and 6 of»an act entitled "An act to provide for
the abandonment of the Hocking canal and the leasing of the
same to Columbus, Hocking Valley and Athens railroad com-
pany," passed May 18, 1894 (91 O. L., 327).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2 and section 6 of an act
[entitled] *'An act to provide for the abandonment of the
Hocking canal and the leasing of the same to the Columbus,
Hocking Valley and Athens railroad company," be and
the same hereby is amended so as to read as follows:

Sec. 2. There is hereby granted the right, franchise
and privilege of constructing, maintaining and operating
over, upon and along the Hocking canal and property
of the state of Ohio adjacent thereto, a railroad, with single
or double tracks, side tracks, switches, bridges, stations
and other structures usual and incidental to the operation
of a railroad, to the Columbus, Hocking Valley and Athens
railroad company, its successors and assigns, for the term
of ninety-nine years, renewable forever, for and in consid-
eration of the payment by said company, its successors or
assigns, to the treasurer of the state of Ohio on the first
day of July, 1894, the sum of fifty thousand dollars, and
on the first day of January, 1903, and of each and every
year thereafter during the term of this lease, the sum of
ten thousand dollars annual rental. Provided such com-
pany, or its assigns, shall, within thirty days after the pass-
age of this act, file a written waiver with the auditor of
state, releasing all claims to any amount of money already
paid to the state by it or its assigns, and further waiving
and releasing all claims to damages against the state by
reason of any acts of the state heretofore taken.

Sec. 6. The work of constructing said railroad shall
be commenced within six months after the passage of this
act, and the same shall be completed on or before the first
day of October, A. D. 1900.

Section 2. Said original sections 2 and 6 [are] hereby
repealed and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,
President of the Senate,
Passed April 23, 1898. 169G

217

[Senate Bill No. 285.]

AN ACT

To amend section 6963 as amended April 1, 1896 (92 O. L., page 117 ),
cf the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assen^ly of
the State of Ohio, That section 6963 as amended April 1, Birds, fish and
1896 (92. 0. L., page 117), of the Revised Statutes of Ohio ^^"''^
be amended so as to read as follows:

Killing of wild
deer and pheas-
ants in certain
seasons.

Sec." 6963. No person shall catch, kill or injure, or
pursue with such intent, any wild deer, Mongolian, English
or ring-neck pheasant, before the 10th day of November,
1900; or after said date, except between the 10th day of
November and the 15th day of December inclusive. Pro-
vided, that nothing herein shall prevent persons from having
in possession Morigolian, English or ring-neck pheasants,
or deer in private enclosure for the purpose of domestication
or propogation. And any person violating any of the pro- Penalty,
visions erf this act, shall be guilty of a misdemeanor, and,
on conviction, sljsJl be fined as provided in section 6968.

Section 2. That said section 6963, as amended April Repeals, etc.
1, 1896 (92 O. L., page 117), as heretofore enacted, be and
the same is hereby repealed, and this act shall take effect
and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate,

Passed April 23, 1898. 170G

[Senate Bill No. 60.]

AN ACT

To amend section 5306 of the Revised S^tutes of Ohio.

Section 1. Be it enacted by the General Assembly of
thi State of Ohio, That section 5306 of the Revised Statutes Newtnai:
of Ohio be amended so as to read as follows:

Sec. 5306. The same court shall not grant more than court can grant
one new trial on the weight of the evidence against the {naL"^"*"^
same party in the same case.

Section 2. That section 5306 of the Revised Statutes
of Ohio be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate.
Passed April 23, 1898. 171G

Repeals.

218

Shooting or in-
juring carrier
pigeon.

Penalty.

[Senate Bill No. 169.]

AN ACT

For protection of carrier pigeons.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That it shall be unlawful, for any person
not the owner, to shoot or otherwise kill or maim any Ant-
werp or homing pigeon, commonly called "carrier" pigeon.
It shall also be unlawful for any person not its owner, to
entrap, catch or detain any such "carrier" pigeon, provid-
ing that such pigeon shall at the time have the name of
the owner stamped upon its wing or tail, or have a band
with the owner's name, initial or number on its leg. Any
person violating the provisions of this law shall be guilty
of a misdemeanor, and upon conviction shall, for every
offense, pay a fine or not less than ten dollars (|10) nor
more than twenty-five dollars (f25).

Section 2. This act shall take effect from the day
of its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate,
Passed April 23, 1898. 172G

Levying taxes-
miscellaneous:

Restrictions as
to contracts,
agreements, ob-
lig[ations, appro-
priations and
expenditures.

[Senate Bill No. 257.]

AN ACT

To amend section 2834^ of the Revised Statutes of Ohio, as passed
April 27, 1896.

Section 1. Be it enacted by the General Assembly of
the State df Ohioj^ That section 28346, as passed April 2T,
1896 (92 O. L., page 341), be amended so as to read as
follows:

Sec. 2834ft. The commissioners of any county, the
trustees of any township and the board of education of
any school district, except in cities of the first class, of first,
second and third grade, shall enter into no contract, agree-
ment, or obligation involving the expenditure of money, nor
shall any resolution or order for the appropriation or expen-
diture of money be passed by any board of county commis-
sioners, township trustees or board of education, except in
cities of the first class, of first, second and third grade, unless
the auditor or the clerk thereof shall first certify that the
money required for the payment of such obligation or ap-
propriation is in the treasury to the credit of the fund from
which it is to be drawn, or has been levied and placed on
the. duplicate, and in process of collection and not appro-

2X9

priated for any other purpose; which certificate shall be
fled and immediately recorded, and the sums so certified
shall not thereafter be considered unappropriated until the
county, township or board of education, except in cities
of the first class, of first, second or third g^ade, is fully dis-
charged from the contract, agreement or obligation, or so
long as the order or resolution is in force, and al] contracts,
agreements or obligations, and all orders or resolutions
entered into or passed contrary to the provisions of this
section, shall be void. Provided, that none of the provisions ^S^^^^^%^^'
of this section shall apply to the contracts authorized to other^prov^sions
be made by other provisions of law for the employment affccteT^ '^^^
of teachers, officers, and other school employes of boards
of education.

Section 2. That original section 28346 (92 O. L., Repeals,
page 341), of the Revised Statutes of Ohio, as passed April
27, 1896, be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 173G

property :

Property of cer-
tain secret socie-
ties exempt
from taxation.

[House Bin No. 897.]

AN ACT

To amend section 2732—3 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2732—3 of the Revised Stat- Definitions and
utes of the state of Ohio be amended to read as follows :

Sec. 2732 — 3. That all property, real or personal be-
longing to or which may hereafter belong to any incor-
porated post of the grand army of the republic, or union
veterans union, or grand lodge free and accepted masons,
or grand lodge independent order of odd fellows, or grand
lodge knights of Pythias, which is intended to create a fund
or is used or intended to be used for the care and main-
tenance of indigent soldiers of the late war, indigent mem-
bers of said organizations, and the widows and orphans of
the deceased members of such organizations, such prop-
erty real or personal, and the interest or income derived
therefrom, shall not be deemed taxable under any law of
this state, and the trustees of such incorporated- organiza-
tions above named shall not be required to return or list
the same for taxation.

220

Repeals. SECTION 2. That Said (Miginal section 2732 — 3 be and

the same is hereby repealed, and this act shall take effect
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 174G

Two-mile assess-
ment pikes :

County commis-
sioners may con-
struct or im-
prove roads.

Vacation of
roads upon peti-
tion.

Repeals, etc.

[Senate Bill No. 317.]

AN ACT

To amend section 4829 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4829 of the Revised Statutes
of Ohio be amended so as to read as follows:

Sec. 4829. The county commissioners of any county
shall have power, as hereinafter provided, to lay out and
construct any new county road, or to improve any state,
county, or township road, or any part thereof, or any free
turnpike road, or any part thereof not completed, or any
free road, by straightening or altering the same, and by
grading, pavine, graveling, planking, or macadamizing the
same, and by draining the same in any direction required
to make the most convenient and sufficient outlet; and for
such purpose they may, upon further petition, when by
them deemed expedient, vacate any state, county, or town-
ship road, or any part thereof, or any free turnpike road,
or any part thereof not completed, or any free road, and
may improve several roads or parts of roacfs, or free turn-
pike roads, or parts thereof not completed, or any free
road, when the same may be united in one continuous road
improvement.

Section 2. Said original section 4829 of the Revised
Statutes is hereby repealed, and this act shall take eflfect
and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 175G

221

[Senate Bill No. 324.]

AN ACT

To authorize the board of trustees of the Ohio state university to
refund and extend the time of payment of portions of the
bonded indebtedness of said institution as the same becomes
due.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the trustees of the Ohio state univer- J^^f J^'j^'J^
sity are hereby authorized to refund and extend the time authoriLedto ^
of payment of portions of the present bonded indebtedness JSads"^"""**"*
of said university, authorized under acts of March 13, 1894
(0. L, 91, page 62), and of April 17, 1896 (O. L., 92, page
191), as the same shall become due, by issuing other bonds
in lieu thereof; so refunding and extending the time and
pa>Tnent of said bonded indebtedness, that the amount of
principal falling due each year shall be f25,000 until the
whole is paid.

Section 2. The refunding bonds authorized by this JJ"offJJ„^i*
act shall be in anticipation and payable out of the annual levies,
levies for the support of the- Ohio state university, pro-
vided by the act of the general assembly of the state of
Ohio, entitled "An act to amend section 8951 of the Re-
vised Statutes of Ohio, as amended March 20, 1891," passed
March 9, 1896 (O. L., 92, page 59); provided, that the
whole amount of said refunding bonds shall be paid by
said board of trustees, out of the proceeds of said levies,
on or before December 31, 1912.

Section 3. The refunding bonds herein authorized ^^u^f^^fer^
shall be signed by the president and secretary of said board eft^"
of trustees, and sealed with the seal of the university, and
shall bear such rates of interest, not exceeding four and
one-half per cent, per annum, payable semi-annually, as
said board of trustees may determine, and shall be payable
by said board of trustees out of the revenues in anticipa-
tion of which they shall be issued as herein provided. Said ^** °^ ^°^»-
bonds shall be sold by said board of trustees at not less
than their par value to the highest bidder after notice of
the sale thereof shall have been given in a newspaper of
general circulation, published in the city of Columbus,
and in some well known financial journal of general circu-
lation.

Section 4. AU acts or parts of acts inconsistent with Repeals, etc.
the provisions of this act are hereby repealed, and this act
shall take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 28, 1898. 176G

Official stenoj^-
. rapher for su-
preme court :
appointment;
term.

/'^-O

Salary.

"'^ .^'^

S :

■iM-

•^ '

Oath; duties;

- -Tij*

removal.

;i^

"*^

•?;^

ui 1

*iA^

ra '>

V/Jji

eS *

►'?3

.>:: 5?^

Typewriting ma-
chine, etc., for

■ i >.

3< ''

use of stenogra-

1 '

pher.

'■'•?'

i ''

1 i

• "^i-f

222
[Senate Bill No. 268.]

AN ACT

To provide for the appoiutment of an official stenographer for the
supreme court of the state of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the supreme court of the state of
Ohio shall, immediately after the passage of this act, ap-
point one official stenographer for the use of said court,
for the term of three years from the date of said appoint-
ment, and shall thereafter, every three years, appoint a suc-
cessor for the same term of office.

Section 2. The stenographer, appointed under this
act, shall receive a salary of one thousand dollars per year,
payable in monthly installments, out of the state treasur}'
upon the certificate of the chief justice.

Section 3. Said stenographer shall take an oath of
office as official stenographer of said court, and shall per-
form such duties as said court shall designate, and may be
removed by the court at ^ny time for incompetency, neg-
lect of duty, or other good cause. In case of removal,
appointment shall be made for the unexpired term.

Section 4. The state shall furnish to such stenog-
rapher a typewriting machine, and all necessary materials
for use in the performance of the duties of stenographer to
said court, which shall be and remain the property of the
state of Ohio.

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 177G

If-

;. y-CT

Municipalities

authorized to

'•>','

• '

levy tax to cover

\.'$

deficiencies in

•* ,/«

expense of water-
works and elec-

'. f'*

tric light plants.

[Senate Bill No. 375.]

AN ACT

To authorize councils of villages to levy a tax, and to pay water-
works and electric light trustees of such villages for street
lighting and fire protection.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That when water-works and electric light
plants, or either of them, are owned, run and controlled by
any village, and such village receives its street lighting and
fire protection from such plant or plants and the proceeds
derived from the operation of such plant or plants is found

223

to be insufficient to pay the expenses of running and con-
ducting such water-works and electric light plants, or either
of them, the council of such village may levy a tax not to
exceed five mills on each dollar valuation of all the taxable
property listed for taxation in said village, both real and
personal, to pay a reasonable amount found to be due on
the running expenses and the extensions made to such
plant after applying the proceeds of said plants thereto.
And the council of said village is authorized to allow and
to pay such reasonable sum or sums, to the trustees of such
plants upon the presentation to it of a proper bill therefor
by the trustees of such plant, to be drawn, when allowed,
out of the village treasury, upon the order of the village
clerk in favor of such trustees, to be by such trustees ap-
plied to the expense of running, operating or making ex-
tensions to such plant or plants, but in no case shall such
amount so allowed exceed said hve mills levy.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of ihe House of Representatives.

ASAHEL W. JONES,

President of the^ Senate.
Passed April 23, 1898. 178G

[Senate Bill No. 504]

AN ACT

To amend section 6808 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6808 of the Revised Statutes crimes against
be amended so as to read as follows: the person:

Sec. 6808. Whoever purposely, and either of deliber- Murder in the
ate and premeditated malice, or by means of poison, or in punishfd?juo^
perpetrating, or attempting to perpetrate, any rape, arson, "^ay recommend
robbery, or burglary, kills another, is guilty of murder in ^^^^'
the first degree, and shall be punished by death, unless
the jUTy trying the accused recommend mercy, in which
case the punishment shall be imprisonment in the peniten-
tiary during life. Provided, however, that murder in the Murder in first
first degree as herein defined shall continue to be a capital faToffensc.*^*^*"
offense within the meaning of the constitution. And pro- Proof of inno-
vided, further, ilo person convicted of murder in the first cl?awi?hed b^-
degrce shall be recommended for pardon by the board of £7c?SSmendcd
pardons, or for parole by the board of managers of the for pardon.
penitentiary, except upon proof of innocence established
beyond a reasonable doubt.

Section 2. That section 6808 and all other sections Repeals, etc.
and parts of sections of the Revised Statutes of Ohio in-

224

consistent with the provisions of this act, be and the same
are hereby repealed, and this act shall include pending
prosecutions and take effect from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 179G

Authority of
county execu-
tive committee
to fill vacancy
on ticket.

[Senate BiU No. 180.]

AN ACT

To provide for the filling of vacancies on political party tickets when
no provision has been made by the nominating convention.

Section 1. Be it efiaeted by the Getieral Assembly of
the State of Ohio, That when a political party in its nomi-
nating convention fails to appoint a committee for the pur-
pose of filling vacancies on the party ticket, the power to
fill such vacancies shall be and hereby is vested in the
county executive committee of said political party.

Section 2. This act shall take eflfect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 180G

Trial and pro-
ceedings
thereon :

Witness may be
placed in jail ;
now costs paid.

Kepeals.

[Senate Bill No. 315.]

AN ACT

To amend section 7292 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly >^
the State of Ohio, That section 7292 of the Revised Statutes
of Ohio be amended so as to read as follows:

Sec. 7292. When such witness is in attendance upon
any court, he may be placed for safe keeping in the jail
of the county; and the expenses of the officer in trans-
porting him to and from the court to which he is sum-
moned, including compensation for such guard or attendant
of such prisoner, which compensation shall not exceed the
per diem salary of such guard, for the actual time he is
kept from the penitentiary, shall be allowed by the court
and taxed and paid as other costs against the state.

Section 2. That section 7292 (70 O. L., 79, sections
3 and 4), be and the same is hereby repealed.

226

Section 3. This act shall take effect on and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate.
Passed April 23, 1898. 181G

,[ House Bill No. 408.]

AN ACT

To amend section lASc of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly cf *

the State of Ohio, That section 148c, Revised Statutes of s«:reuryor
Ohio, be amended so as to read as follows:

Sec. 148c. Every foreign corporation, incorporated Forcifirn corpo-

r f ^A. i_ ca. j • I. • •-. rations to file

for purposes of profit, now or hereafter doing business in statement.
this state and owning or using a part or all of its capital
or plant in this state, shall, within thirty days after the
passage of this act, or, in case of a company hereafter com-
ing into this state, then before it proceeds to do any busi-
ness in this state, under the oath of the president, secretary,
treasurer, superintendent or managing agent in this state
of such corporation, make and file with the secretary of
state, a statement, in such form as the secretary of state
may prescribe, containing the following facts:

1. The number of shares of authorized capital stock
of the company and. the par value of each share.

2. The name and location of the office oi offices of
the company in- Ohio, and the name and address of the
officers or agents of the company in charge of its busi-
ness in Ohio.

3. The value of the property owned and used by the
company in Ohio, where situate, and the value of the prop-
erty of flie company owned and used outside of Ohio.

4. The proportion of the capital stock of the com-
pany which is represented by property owned and used
and by business transacted in Ohio.

From the facts thus reported, and any other facts com- Fees chargred by
ingto his knowledge bearing upon the question, the sec- ItS^!^^"^^
retary of state shairdetermine the proportion of the capital
stock of the company represented by its property and busi-
ness in Ohio, and shall charge and collect from the com-
pany, for the privilege of exercising its franchises in Ohio,,
one-tenth of one per cent^ upon the proportion of the
authorized capital stock of the corporation, represented by
property owned and used and business transacted in Ohio^
being the same fee required to be paid by corporations
formed under the laws of Ohio. Upon the payment of the

226

Bxceptions as to
application of
act.

Appeals.

Penalty for fail-
ure to comply.

Suits to compel
compliance.

Requirements of
corporations
when capital
stock is in-
creased.

said amount, the secretary of state shall issue to the foreign
corporation a certificate that such corporation has com-
plied with the laws of Ohio and is authorized to do busi-
ness therein, stating the amount of its entire capital and
[of] the proportion of which is represented in Ohio. Pro-
vided, this section shall not apply to foreign insurance,
banking, savings and loan, or building and loan com-
panies, or to foreign cooperative or investment com-
panies organized to sell certificates or debentures on
the instalbnent or partial payment plan, 'or companies
doing business on the service dividend plan, who have
deposited with the treasurer of the state of Ohio securities
satisfactory to him of the value of not less than twenty -
five thousand dollars, and who shall annually thereafter
deposit securties equal in value to ten per cent, of the gross
receipts on the amount of business done in Ohio for the
preceding year, until the whole amount so deposited has
reached the sum of f 100,000 for the protection of the holders
of said certificates or debentures, or to express, telegraph,
telephone, railroad, sleeping car, transportation or other
corporations engaged in Ohio in inter-state commerce busi-
ness; or to foreign corporations, entirely non-resident,
soliciting business, or making sales, in this state by cor-
respondence or by traveling salesmen. Any foreign cor-
poration shall have the right, on application, to be heard
by the secretary of state touching the matter of the determi-
nation of the proportion of its capital stock represented
by property used and business done in Ohio. Any corpo-
ration aggrieved by the decision of the secretary of state,
may, within ten days, appeal to {he auditor of state, the
treasurer of state and the attorney general, whose decision
in the matter shall be final. Every foreign corporation,
subject to the provisions of this section, which shaiU neglect
or fail to comply with its .requirements, shall be subject
to a penalty of one thousand dollars, and an additional
penalty of one thousand dollars for every month that it
continues to transact any business in Ohio, without com-
plying with the requirements of this section, to be recov-
ered by action in the name of the state, and on collection
paid into the state treasury to 'the credit of the general
revenue fund. The attorney general, on the request of the
secreary of state, shall institute such action in the court
of cc nmon pleas of Franklin county, or of any county in
which such corporation has an office or place of business,
as he prefers. No foreign corporation subject to the pro-
visions of this [section,] shall maintain any action in this
state upon any contract made by it in this state after the
time fixed by this act for a compliance by such corporation
with its requirements, until it shall have complied with the
requirements of this act and procured the requisite cer-
tificate from the secretary of state. Every corporation
which has filed its statement and paid the privilege tax
under this section, and which thereafter shall increase the
proportion of its capital stock represented by property used

227

and business done in Ohio, shall, within thirty days after
such increase, file an additional statement with the sec-
retary of state, and pay a fee of one-tenth of one per cent
upon the amount of increase of its capital stock represented
by property owned or business done in Ohio. All fees fJSf g^J'e^t^cil
collected by the secretary of state under this section shall ury.
be paid by him into the state treasury to the credit of the
general revenue fund. Every corporation subject to the
provisions of this section, which complies with its require-
ments, shall not be subject to process of attachment under
section 5521, Revised Statutes, or any law of Ohio, upon
the ground that it is a foreign corporation or a non-resident
of this state. If any person soHcits, or transacts within ^"agJ^enfoV
this state, any business for any such foreign corporation, . conJomtloS fan-
until it shall have complied with all the provisions of this w^h act""''^^
section, he shall be deemed guilty of a misdemeanor, and
on conviction, shall be fined not less than ten dollars, nor
more than five hundred dollars, or be imprisoned not less
than ten days nor more than six months, or both. It shall
be the duty of the prosecuting attorney, upon direction of
the attorney general, to prosecute any person charged with
a violation of the provisions of this section.

Section 2. Section 148c of the Revised Statutes, as Repeals, etc.
amended May 16, 1894 (91 O. L., page 272), is hereby
repealed, and this act shall take effect and be in force from
and after its {>assage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 23, 1898. 182G

[House Bill No. 409.]

AN ACT

To amend section 1 of an act entitled "An act to regulate foreign
stock corporations other than moneyed, by requiring such cor-
porations to procure a certificate from the secretary of state
that they have complied with the laws of the state to authorize
them to do business, and to designate a place within the state as
their principal place of business, and a person upon whom pro-
cess may be served in actions against such corporations," as
amended May 19, 1894 (91 O. L., 355), and to number it as sec-
tion 148^f of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1 of an act entitled "An act creation of cor-
to regulate foreign stock corporations other than moneyed, p^"^*°"*' *^^ *
by requiring such corporations to procure a certificate from
the secretary of state that they have complied with the laws
of the state to authorize them to do business, and to desig-
nate a place within the state as their principal place of

228

Certificate for-
eign stock cor-
T>oration re-
quired to pro-
cure from secre-
tary of state.

Requirements
before certificate
granted.

Office or place of
business and
X>ower8 of desig-
nated person
upon whom pro-
cess may be
served ; term of
such designa-
tion.

business, and a person upon whom process may be served
in actions against such corporations," as amended May
19, 1894 (91 O. L., 355), be amended to read as fol-
lows, and be numbered as section 148(f Revised Statutes
of Ohio.

Sec. 148(/. That no foreign stock corporation, other
than a banking or insurance corporation, or foreign build-
ing and loan associations, or foreign cooperative or invest-
ment companies, or foreign companies organized to sell
certificates or debentures on the installment or partial pay-
ment plan, or foreign corporations doing business on the
service dividend plan, who have deposited with treasurer
of the state of Ohio securities satisfactory to him of the
value of not less than twenty-five thousand dollars, and
shall annually thereafter deposit securities to the satisfac-
tion of said treasurer equal in value to ten per cent, of
the gross receipts on the amount of business done in Ohio
for the preceding year, until the whole amount so deposited
has reached the sum of f 100,000, for the protection of the
holders of such certificates or debentures, shall do business
in this state without first having procured from the secretar}'
of state a certificate that it has complied with all the require-
ments of law to authorize it to do business in this state^
and that the business of the corporation to be carried on
in this state is such as can be lawfully carried on by a
corporation incorporated under the laws of this state for
such or similar business, or if more than one kind of busi-
ness, by two or more corporations so incorporated for such
kinds of business exclusively. The secretary of state shall
deliver such certificate to every such corporation so com-
plying with the requirements of the laws of this state. No
such foreign stock corporations doing business in this state
without such certificate, shall maintain any action in this
state upon any contract made by it in this state until it
shall have procured such certificate. Before granting such
certificate, the secretary of state shall require every such
foreign corporation to file in his office a sworn copy of
its charter or certificate of incorporation, and a statement
under its corporate seal particularly setting forth the amount
of capital stock, the business or objects of the corporation
which it is engaged in carrying on, or which it proposes
to engage in or carry on within the state, and a place within
this state which is to be its principal place of business,
and designating in the manner prescribed in the code of
civil procedure in this state, a person upon whom process
against such corporation may "be served within this state.
The person so designated must have an office or place of
business at the place where such corporation is to have its
principal place of business within this- state. Such desig-
nation shall continue in force until revoked by an instru-
ment in writing designating in like manner some other
person upon whom process against such corporation may

229

ht served in this state. Any agent so designated by such
foreign corporation may» in the name and on behalf of
such corporation, bring or prosecute actions in any of the
courts of this state in &e same manner and with like effect
as if done by an officer of such corporation. If the person
so designated die or remove from the place where such
corporation has its principal place of business within this
state, and such corporation does not, within thirty days
after such death or removal, designate in like manner
another persoi! upon whom process against it may be
served within this state, the secretary of state shall revoke
the authority of such corporation to do business within this
state, and process against such corporation in actions upon
any liability incurred within this state before such revoca-
tions, may after such death or removal, and before another
designation is made, be served upon the secretary [of state.]
At the time of such service the plaintiff shall pay to the
secretary of state two dollars, to be included in his taxable
costs and disbursements, and the secretary of state shall
forthwith mail a copy of such notice to such corporation,
if its address or the address of any officer thereof is known
to him. For each certificate thus issued by the secretary
of state he shall be entitled to receive and shall be paid
fees according to the amount of capital stock of each such
corporation, as follows:

1100,000 or less f 15 00

More than f 100,000 and not exceeding |300,000. . 20 00
More than (300,000 and not exceeding f 500,000. . 25 00

More than (600,000 and less than (1,000,000 30 00

11,000,000 or more 50 00

Which fees and the several sums of two dollars above
named are to be paid by him to treasurer of state to credit
of general revenue fund. Provided that such foreign cor-
porations as comply with the provisions of section 148r
of the Revised Statutes, as amended May 16, 1894, shall
not be subject to process of attachment under section 5521,
Revised Statutes, or any law of Ohio, upon the ground,
that it is a foreign corporation or non-resident of this state.
If any person solicits, or transacts, within this state, any
busmess for any such foreign corporation, until it shall
have complied with all the provisions of this section, he
shall be deemed guilty of a misdemeanor, and on convic-
tion, shall be fined not less than ten dollars nor more than
five hundred dollars, or be imprisoned not less than ten
days nor more than six months, or both. It shall be the
duty of the prosecuting attorney, upon direction of the
attorney general, to prosecute any person* charged with a
violation of the provisions of this section.

Section 2. Section 1 of the above named act, as
amended May 19, 1894 (91 O. L., 355), is hereby repealed,

Revocation of
authority to do
business; serv-
ice of process
upon secretary
or state.

Pee to be paid at
time of such
service; duty of
secretary of
state.

Fees for issuing
certificates.

Disposition of
fecsV

Bxemption from
process of at-
tachment.

Penalty for act-
ing as agent of
corporation fail-
ing to comply
with act.

Repeals, etc.

230

I ;

and this act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 23, 1898. 183G

Creation of cor-
porations, etc.:

Conduct of elec-
tion for direc-
tors; stockhold-
ers may cumu-
late their votes.

Incorporators
are inspectors of
election.

Repeals.

[House Bin No. 253.]

AN ACT

To amend section 3245 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3245 of the Revised Statutes
of Ohio be amended to read as follows:

Sec. 3245. At the time and place appointed, directors
shall be chosen, by ballot, by the stockholders who attend
for that purpose, either in person or by lawful proxies; at
such election and at all other elections of directors, every
stockholder shall have the right to vote in person or by
proxy the number of shares owned by him for as many
persons as there are directors to be elected, or to cumulate
said shares and give one candidate as many votes as the
number of directors multiplied by the number of his shares
of stock shall equal, or to distribute them on the same prin-
ciple among as many candidates as he shall think fit; and
such directors shall not be elected in any other manner.
A majority of the number of shares shaJl be necessary for
a choice, but no person shall vote on any share on which
any installment is due and unpaid. At such first election
the subscribers of the articles of incorporation, or any of
them as may be present, shall be inspectors of such election,
and shall certify what persons are elected directors, and
shall appoint the time and place for holding their first
meeting.

Section 2. Said section 3245 of the Revised Statutes
is hereby repealed.

Section 3. This act shall take effect and be in force
on and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives^

ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. , 184G

231

[House Bill No. 815.]

AN ACT '

To amend section 474 — 1 of the Revised Statutes, as passed April 11,
1893, relating to criminal bailiffs.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 474—1 of the Revised Stat- court of^com-
utes of Ohio, as passed April 11, 1893, be amended so as to ™ ° ^
read as follows:

Sec. 474—1. That in all counties having a population ^pj^j^f^^"?^
of one hundred and eighty thousand and upwards, at the term. * "

federal census of 1870, and in all counties containing a city
of the first grade of the second class, the judges of the
court of common pleas shall, within twenty days after this
act takes* ettect appoint a criminal bailiff for such county,
who shall hold his office for the term of two years, and
until his successor is appointed and qualified. Provided
that this amendment shall not aflFect any bailiff, or bailiffs
now serving an unexpired term of office, until the termina-
tion of such unexpired term, or until a vacancy may occur
tlierein by death or resignation. Such bailiff so appointed Removals,
by said judges may be removed from office by them; and
ail vacancies in such office shall be filled by such judges
for the unexpired term.

Section 2. This act shall take effect and be in force 2r^f Sc.^^**
from and after the first day of June, 1898, and said section .
474 — 1 be and the same is hereby repealed.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 185G

[House Bill No. 726.]

AN ACT

Authorizing the board of trusteed of Miami university to remit for-
ever certain ground rents upon lot number five ( 5 ) in section
thirty-one (31 ), Milford township, Butler county, Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the board of trustees of Miami uni- Trustees of ^
versity be and they are hereby authorized and empowered ffy^jJSthorilcdTto
to remit permanently and forever to the present owner or ^™und*^u.
owners of lot number five (5) in section thirty-one (31), Mil-
ford township, Butler county, Ohio, and to the heirs and as-
signs of said owner or owners all that portion, if any, of the
annual ground rents now levied against said lot number
five (5), which, in the opinion of said [the] board of trustees
of Miami university, is excessive, unjust and burdensome;

232

provided, that the said rents, when reduced by authorit)-
of this act, shall not be less than an annual rental basd
upon an original purchase price of two dollars and fift)'
cents (f2.o0) per acre.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 186G

Police boards
and officers :

Police life and
healUi insurance
fund in Cleve-
land.

Investment of
funds.

[House Bill No. 558.]

AN ACT

To amend section 1945 of the Revised Statutes of Ohio, as amended
April 15, 1889.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1945 of the Revised Statutes
of Ohio, as amended April 15, 1889, be amended to read
as follows:

Sec. 1945. All rewards, fees, proceeds of gifts, and
emoluments, that may be allowed by the director of police
to be paid, or given on account of extraordinary services
of a member of the police force, all unclaimed money, the
proceeds arising from the sale of unclaimed property, and
one-third of the moneys received by the director of police
from all sources whatever, the disposition of which is not
otherwise provided for by subdivision two, chapter five,
division five, title twelve, of the Revised Statutes of Ohio,
one-third of all the moneys collected by the police court
on account of the service by the police force of writs issued
b} such court, all the policemen's fees, members of the
police force to be allowed same fees as other persons in
the police court, which shall be charged by the clerk in the
bill of costs, and collected of the defendant in case of con-
viction, as in case of other witnesses, all policemen's wit-
ness fees, members of the police force shall be allowed
same fees as other witnesses in the criminal court of the
county, all of which fees when collected and all fines im-
posed by the director of police, upon members of the force
for violations of rules, shall be paid to the trustees of the
police pension fund, who shall deposit the same into the
city treasury to the credit of said police pension fund; and
the persons who from time to time, constitute the board oi
trustees of the police pension fund as provided by section
43 of an act entitled **An act to provide a more efficient
government of the cities of the second grade of the first
class, passed March 16, 1891, and as amended February
26, 1891," shall have power to draw such funds from the

233

city treasury on the warrant of the president of said board,
countersigned by the secretary, and may invest the same
in the name of the "board of trustees of the police pension
fund" in interest bearing bonds of the United States, the
state of Ohio, or any county in the state or the said cities,
or of any township,, incorporated village or other municipal
corporation in the said state of Ohio, when the power to
issue said bonds is derived from either general or special
legislative authority, that the said bonds shall, before the
same are issued to the said board of trustees, be registered
in the office of the treasurer of the United States, or said
state of Ohio, or county, city, township, incorporated village
or municipal corporation in this state issuing the same, and
bear upon their face the printed or legible written fact of
such registry, together with the book and page, and the date
and place of such registry. The president and secretary
of such board shall collect the interest on all bonds and
place the same in the city treasury to the credit of said
fund. The board of trustees may, as it shall deem advis-
able, deposit the same in responsible savings and loan as-
sociations in the city of Cleveland, and have power to
draw the same from the treasury for that purpose, and shall
make report to the council of the condition of the fund
on the first of January of each year. The secretary of
police shall be the secretary of said board of trustees, and
i* is hereby made the duty of said secretary to keep a
record of the proceedings of said board of trustees and
all action taken by it with regard to said fund, and with
regard to the members of said police force as herein •
provided.

Section 2. That said section 1945 of the Revised Repeals.
Statutes of Ohio, as amended April 15, 1889, be and the
same is hereby repealed.

Section 3. That this act shall take effect on its
passage.

HARRV C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 23, 1898. 187G

Duty of secre-
tary of police.

[House Bill No. 571.]

AN ACT

To amend section 2834a of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2834a of the Revised Stat- i^vjing taxes:
ates of Ohio be amended so as to read as follows :

Sec. 2834a. The trustees of any township, the board foTxYel5d*tiS2'^'
of education of any school district, except in cities of the or change debt.

Resolution as to
such debt.

Levy to meet
payment of
bonds.

234

first class, and the commissioners of any county, for the
purpose of extending the time of payment of any indebted-
ness which, from its limits of taxation, such township,
school district, board of education or commissioners, for
the best interest of said township, school district or county,
shall have power to issue bonds of such township, school
district or county, or borrow money, so as to change but
not to increase the indebtedness, for such length of time,
in such amounts, and at such a rate of interest as the said
trustees, board of education or commissioners may deem
proper, not to exceed six per cent, per annum, payable
annually or semi-annually; provided, however, that no
indebtedness of any township, school district or county
shall be funded, refunded or extended unless such indebt-
edness shall first be determined to be an existing, valid
and binding obligation of any such township, school dis-
trict or county by a formal resolution of the trustees, board
of education or commissioners of any such township, school
or county, which resolution shall so state the amount of
the existing indebtedness to be funded, refunded or ex-
tended, the aggregate amount of bonds to be issued there-
for, their number and denomination, the date of their ma-
turity, the rate of interest they shall bear, and the place of
payment of principal and interest. And for the payment
of the bonds issued under this section, the township trus-
tees, the board of education or commissioners shall levy
a tax in addition to the amount otherwise authorized, every
year during the period the bonds have to ntn, sufficient in
amount each year to pay the bonds falling due within the
year ^ind the accruing interest.

Section 2. This act shall take effect from .and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 23, 1898. 188G

Construction of
free turnpikes
by county com-
missioners.

[House Bill No. 461.]

AN ACT

To authorize the construction of free turtipike roads.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That whenever a majority of the land-
owners along any contemplated route, having given notice
for thirty days by publication in some newspaper pub-
lished in the county of their intention so to do, shall pre-
sent their petition to the board of county commissioners
of any county praying for the establishment and construc-
tion of a free turnpike road along such contemplated route,

235

designating in the petition the place of beginning and
terminus of such proposed road, the commissioners of such Employment of
county, if they deem the construction of such road advis- ^''Sfmccr.
able and of general public interest, are hereby authorized
to call to their assistance a competent engineer who, with
them, shall determine the line of location of such road con-
necting the beginning and terminus points designated, and
the width of the road which shall not be less than thirty feet
nor more than sixty feet; and said engineer shall determine J^f^"f**"*° ^^^'
the full cost and expense of making said improvement, mJ an<f s^Sfi*-
and furnish plans, profile and specifications for the con- c«^*o°»-
struction thereof.

Section 2. Upon the payment into the county treas- co8t""ordcr'of
ur>' of, or securing by proper bond to the state of Ohio for commissioners.
the use of the county to the approval of the commissioners
for the payment of twenty per cent, of the total cost of the
construction of said road, which cost shall include the cost
of engineering, superintending, grading, macadamizing,
and culverting said road, the said county commissioners
are authorized to order the construction thereof.

Section 3. Unless said road be constructed along Rights of way;
some public highway, the petitioners therefor shall procure ^^ ^ ^*" *
and furnish to the county, free of charge, grants of the
right of way therefor. But if such grants and right of way
cannot be pbtained by the petitioners over any tract or
tracts of land, the county commissioners, after ordering
the construction of said road, may condemn the right of
way over such tract or tracts of land, the costs and ex- cosiofcond^-
penses of which ptbceedings and the amount to be paid Pngs^u>^ paid
as a compensation for the land appropriated and the dam- ^^ petiUoncrs.
ages sustained by reason thereof shall be paid by the peti-
tioners for said road, and the right of- way secured to said
county free of charge to it before any contract for the con-
struction of said road shall be entered into or any work
thereon shall be done. And if the same be not paid within
a time fixed by the county commissioners, and said right
of way secured to the county free of charge to it, their
order authorizing the construction of such road shall
thenceforth be invalid.

Section 4. All of the provisions of the general laws what laws aopiy
of this state for the construction of free turnpikes, and the of ^ch tSra-
condemnations of rights of way, and of materials shall be p*^"-
applicable in this act when not herein specially otherwise
provided for. *

Section 5. The commissioners, for tlie payment of Levy to pay cost
eighty per cent, of the total cost of said road, shall levy fssS^^oV^^nds" '
a tax not exceeding two mills on the dollar upon all the
taxable property of the county, and if they deeip it advis-
able may issue bonds for said payment, which shall be pay-
able in not more than five years, and to bear not exceeding
six per cent, interest per annum, interest payable semi-
annually; but bonds so issued shall not be sold for less
than their par value.

226

Exceptions as to
application of
act.

Appeals.

Penalty for fail-
ure to comply.

Suits to compel
compliance.

Requirements of
corporations
when capital
stock is in-
creased.

said amount, the secretary of state shall issue to the foreign
corporation a certificate that such corporation has com-
plied with the laws of Ohio and is authorized to do busi-
ness therein, stating the amount of its entire capital and
[of] the proportion of which is represented in Ohio. Pro-
vided, this section shall not apply to foreign insurance,
banking, savings and loan, or building and loan com-
panies, or to foreign cooperative or investment com-
panies organized to sell certificates or debentures on
the installment or partial payment plan, 'or companies
doing business on the service dividend plan, who have
deposited with the treasurer of the state of Ohio securities
satisfactory to him of the value of not less than twenty-
five thousand dollars, and who shall annually thereafter
deposit securties equal in value to ten per cent, of the gross
receipts on the amoimt of business done in Ohio for the
preceding year, until the whole amount so deposited has
reached the sum of f 100,000 for the protection of the holders
of said certificates or debentures, or to express, telegraph,
telephone, railroad, sleeping car, transportation or other
corporations enga^fed in Ohio in inter-state commerce busi-
ness; or to foreign corporations, entirely non-resident,
soliciting business, or making sales, in this state by cor-
respondence or by traveling salesmen. Any foreign cor-
poration shall have the right, on application, to be heard
by the secretary of state touching the matter of the determi-
nation of the proportion of its capital stock represented
by property used and business done in Ohio. Any corpo-
ration aggrieved by the decision of the secretary of state,
may, within ten days, appeal to the auditor of state, the
treasurer of state and the attorney general, whose decision
in the matter shall be final. Every foreign corporation,
subject to the provisions of this section, which shall neglect
or fail to comply with its .requirements, shall be subject
td a penalty of one thousand dollars, and an additional
penalty of one thousand dollars for every month that it
continues to transact any business in Ohio, without com-
plying with the requirements of this section, to be recov-
ered by action in the name of the state, and on collection
paid into the state treasury to 'the credit of the general
revenue fund. The attorney general, on the request of the
secreary of state, shall institute such action in the court
of cc nmon pleas of Franklin county, or of any county in
which such corporation has an office or place of business,
as ho prefers. No foreign corporation subject to the pro-
visior.s of this [section,] shall maintain any action in this
state upon any contract made by it in this state after the
time fixed by this act for a compliance by such corporation
with its requirements, until it shall have complied with the
requirements of this act and procured the requisite cer-
tificate from the secretary of state. Every corporation
which has filed its statement and paid the privilege tax
under this section, and which thereafter shall increase the
proportion of its capital stock represented by property used

227

»« ««• e ««•• «tt into state treas*

collected by the secretary of state under this section shall ury.
be paid by him into the state treasury to the credit of the
general revenue fund. Every corporation subject to the
provisions of this section, which complies with its require-
ments, shall not be subject to process of attachment under
section 5521, Revised Statutes, or any law of Ohio, upon
the ground that it is a foreign corporation or a non-resident
of this state. If any person solicits, or transacts within f^^as^^enfoV
this state, any business for any such foreign corporation, . cofporatwS fail-
until it shall have complied with all the provisions of this wifh act"^'^
section, he shall be deemed guilty of a misdemeanor, and
on conviction, shall be fined not less than ten dollars, nor
more than five hundred dollars, or be imprisoned not less
than ten days nor more than six months, or both. It shall
be the duty of the prosecuting attorney, upon direction of
the attorney general, to prosecute any person charged with
a violation of the provisions of this section.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 23, 1898. 182G

[House Bill No. 409.]

AN ACT

To amend section 1 of an act entitled "An act to regulate foreign
stock corporations other than moneyed, by requiring such cor-
porations to procure a certificate from the secretary of state
that they have complied with the laws of the state to authorize
them to do business, and to designate a place within the state as
their principal place of business, and a person upon whom pro-
cess may be served in actions against such corporations, ' as
amended May 19, 1894 (91 O. L., 355), and to number it as sec-
tion USdof the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1 of an act entitled "An act creation of cor-
to regulate foreign stock corporations other than moneyed, i^"*»°"*' *^'^"
by requiring such corporations to procure a certificate from
the secretary of state that they have complied with the laws
of the state to authorize them to do business, and to desig-
nate a place within the state as their principal place of

228

Certificate for-
eign stock cor-
poration re-
quired to pro-
cure from secre-
tary of state.

Requirements
before certificate
granted.

;•' •

OflBce or place of
business and
powers of desig-
nated person
upon whom pro-
cess may be
served ; term of
such designa-
tion.

business, and a person upon whom process may be served
in actions against such corporations," as amended May
19, 18^4 (91 O. L., 355), be amended to read as fol-
lows, and be numbered as section 148d Revised Statutes
of Ohio.

Sec. 148d. That no foreign stock corporation, other
than a banking or insurance corporation, or foreign build-
ing and loan associations, or foreign cooperative or invest-
ment companies, or foreign companies organized to sell
certificates or debentures on the installment or partial pay-
ment plan, >or foreign corporations doing business on the
service dividend plan, who have deposited with treasurer
of the state of Ohio securities satisfactory to him of the
value of not less than twenty-five thousand dollars, and
shall annually thereafter deposit securities to the satisfac-
tion of said treasurer equal in value to ten per cent, of
the gross receipts on the amount of business done in Ohio
for the preceding year, until the whole amount so deposited
has reached the sum of f 100,000, for the protection of the
holders of such certificates or debentures, shall do business
in this state without first having procured from the secretan'
of state a certificate that it has complied with all the require-
ments of law to authorize it to do business in this state^
and that the business of the corporation to be carried on
in this state is such as can be lawfully carried on by a
corporation incorporated under the laws of this state for
such or similar business, or if more than one kind of busi-
ness, by two or more corporations so incorporated for such
kinds of business exclusively. The secretary of state shall
deliver such certificate to every such corporation so com-
plying with the requirements of the laws of this state. No
such foreign stock corporations doing business in this state
without such certificate, shall maintain any action in this
state upon any contract made by it in this state until it
shall have procured such certificate. Before granting such
certificate, the secretary of state shall require every such
foreign corporation to file in his office a sworn copy of
its charter or certificate of incorporation, and a statement
under its corporate seal particularly setting forth the amount
of capital stock, the business or objects of the corporation
which it is engaged in carrying on, or which it proposes
to engage in or carry on within the state, and a place within
this state which is to be its principal place of business,
and designating in the manner prescribed in the code of
civil procedure in this state, a person upon whom process
against such corporation may "be served within this state.
The person so designated must have an ofl5ce or place of
business at the place where such corporation is to have its
principal place of business within this- state. Such desig-
nation shall continue in force until revoked by an instru-
ment in writing designating in like manner some other
person upon whom process against such corporation may

229

bt served in this state. Any agent so designated by such
foreign corporation may, in the name and on behalf of
such corporation, bring or prosecute actions in any of the
courts of this state in die same manner and with like effect
as if done by an officer of such corporation. If the person
so designated die or remove from the place where such
corporation has its principal place of business within this
state, and such corporation does not, within thirty days
after such death or removal, designate in like manner
another persoi! upon whom process against it may be
served within this state, the secretary of state shall revoke
the authority of such corporation to do business within this
state, and process against such corporation in actions upon
any liability incurred within this state before such revoca-
tions, may after such death or removal, and before another
designation is made, be served upon the secretary [of state.]
At 3ie time of such service the plaintiflf shall pay to the
secretary of state two dollars, to be included in his taxable
costs and disbursements, and the secretary of state shall
forthwith mail a copy of such notice to such corporation,
if its address or the address of any officer thereof is known
to him. For each certificate thus issued by the secretary
of state he shall be entitled to receive and shall be paid
fees according to the amount of capital stock of each such
corporation, as follows:

1100,000 or less f 15 00

More than f 100,000 and not exceeding f 300,000. . 20 00
More than (300,000 and not exceeding f500,000. . 25 00

More than (600,000 and less than (1,000,000 30 00

11,000,000 or more 50 00

Which fees and the several sums of two dollars above
named are to be paid by him to treasurer of state to credit
of general revenue fund. Provided that such foreign cor-
porations as comply with the provisions of section 148r
of the Revised Statutes, as amended May^ 16, 1894, shall
not be subject to process of attachment under section 5521,
Revised Statutes, or any law of Ohio, upon the ground,
that it is a foreign corporation or non-resident of this state.
If any person solicits, or transacts, within this state, any
business for any such foreign corporation, until it shall
have complied with all the provisions of this section, he
shall be deemed guilty of a misdemeanor, and on convic-
tion, shall be fined not less than ten dollars nor more than
five hundred dollars, or be imprisoned not less than ten
days nor more than six months, or both. It shall be the
duty of the prosecuting attorney, upon direction of the
attorney general, to prosecute any person charged with a
violation of the provisions of this section.

Section 2. Section 1 of the above named act, as
amended May 19, 1894 (91 O. L., 355), is hereby repealed,

Revocation of
authority to do
business; serv-
ice of process
upon secretary
of state.

Pee to be paid at
time of such
service ; duty of
secretary of
state.

Pees for issuing
certificates.

Disposition of
fees:

Bxemption from
process of at-
tachment.

Penalty for act-
ing as agent of
corporation fail-
ing to comply
with act.

Repeals, etc.

240

Trustees author-
ized to grant
right of way to
traction com-
paa'y through
grounds of boys'
industrial
school.

Money received
for grant to be
paid into state
treasury.

[Senate Bill No. 393.]

AN ACT

To grant the right of way through th^ lands of the boys' industrial
school, in Fairfield county, Ohio, to a traction company.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the trustees of the boys' industrial
school be and are hereby empowered to negotiate the right
of way, for railway purposes only, to a responsible trac-
tion company, through the property of the boys' industrial
school in Fairfield county, under such terms and condi-
tions and for a period not exceeding twenty-five years,
as said trustees may determine, and upon the approval of
the same by the governor of the state of Ohio, he is hereby
authorized to make, execute and deliver the necessary con-
veyance therefor, but such conveyance shall not convey
said land in fee simple, but shall be for railwa> purposes
only, and the land shall revert to the state of Ohio upon
the abandonment of said gjant for railway purposes.

Section 2. The n:oney derived from this grant shall
be covered back into the treasury of the state of Ohio.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 23, 1898 192G

Ohio national
g^uard :

Infantry organi-
zation.

[House Bill No. 464.]

AN ACT

To improve the efficiency of the quartermaster department, O. N. G.,
and to amend sections 3036 and 3082 of the Revised Statutes of
Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 3036 and 3082 be so amended
as to read as follows:

Sec. 3036. Each regiment shall consist of not more
than twelve nor less than eight companies, and shall be
formed into battalions of not less than three and not more
than five companies each, and shall have a colonel, a lieu-
tenant colonel, one major for each battalion, a surgeon with
the rank of major, one assistant surgeon for each battalion
with rank of captain, a quartermaster with rank of captain,
an inspector of rifle practice with rank of captain, a regi-
mental adjutant with rank of captain, one commissary with
rank of captain, one battalion adjutant for each battalioni

241

in a regiment of two or more battalions with the rank of
second lieutenant, a chaplain, and a non-commissioned
staff consisting of a regimental sergeant-major, and a ser-
geant-major for each battalion, one quartermaster sergeant,
one commissary sergeant, a hospital steward and an acting
hospital steward for each battalion, two principal musicians,
a drum major and two color sergeants. A commander
of a regiment, or separate battalion, may enlist a band
to consist of a leader, and not more than twelve men for
each battalion of his command; also a hospital corps of
not more than eight men for each battalion, a signal corps
consisting of one sergeant, and not more than one corporal
and four privates for each battalion, and a quartermaster's
corps, upon recommendations of a quartermaster, consist-
ing of not more than two sergeants and four privates for
each battalion. Each company shall consist of a captain,
a first lieutenant, a second lieutenant, one first sergeant,
four sergeants, eight corporals, two musicians, one armorer,
and not less than thirty-two and not more than fifty-six
privates. [1896, April 27: 92 v., page 885.]

Sec. 3082. Officers and enlisted men shall receive pay I'ay during cn-
for each day actually spent by them on duty at the annual *^"p°**"^®-
encampments at the following rates, together with all nee- .
essary transportation, quartermaster's stores and medical
supplies: For each day's service each colonel shall receive
four dollars and fifty cents, each lieutenant colonel shall
receive four dollars, each major and each quartermaster
shall receive three dollars and fifty cents, each captain and
regimental adjutant mounted shall receive two dollars and
seventy-five cents, each captain, not mounted, shall receive
two dollars and fifty cents, each first lieutenant, mounted,
shall receive two dollars and twenty-five cents, each first
lieutenant, not mounted, each battalion adjutant and each
second lieutenant, mounted, shall receive two dollars, apd
each second lieutenant, not mounted, shall receive one dollar
and seventy-five cents, together with the same allowance
for subsistence as is provided for enlisted men. For each
day's service performed each enlisted man shall receive one
dollar, and a commutation of rations at the rate of forty
cents a day; and for all horses used by field and staff offi-
cers and ambulance, and for officers and enlisted men of
cavalry and artillery, not to exceed forty for a troop of
cavalry, twenty-four for a two-gun battery and forty-five
for a four-gun battery, there shall be paid one dollar and
fifty cents per day for each horse for six days. The quar-
termaster and commissary, non-commissioned officers and
enlisted men of the quartermaster's corps, to be limited
tn such extra days' service and pay as may be actually
necessary in arranging for, preparing and breaking camp,
and not to exceed six extra days in all before and after
the encampment; the extra days' service of each officer
and man to be evidenced by a time schedule report, to be
made by the quartermaster to the adjutant general, shmv-
16

242

<5«aerml appro-
•riations ror

ing where and when and by whom such extra duty was
performed.

HARRY C. MASON,
Speedier of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 193G

[House Bin No. 667.]

AN ACT

making appropriations for the last three-ouarters of the fiscal year
ending November 15, 1898, and the nrst quarter of the fiscal
year ending February 15, 1899. ^

Section 1. Be it enacted by the General Assembly of

the State of Ohio, That the following sums, for the purposes
herein specified, are appropriated out of any moneys in
the state treasury to the credit of the general revenue fund
not otherwise appropriated, to wit:

Adjutant General's Department.

Transportation of indigent soldiers f 100 00

Contingent expenses and inspections 2,000 00

Ohio Nationai Guard.

Pay of Ohio national guard % 45,000 00

Subsistence of Ohio national guard 16,000 00

Fuel, lumber, straw and medical supplies,

Ohio national guard 4,000 00

Transportation Ohio national guard 15,130 00

Horse hire Ohio national g^ard 4,950 00

Forage for horses Ohio national guard 825 00

Incidental expenses of military companies.. 16,600 00

Uniforms, overcoats and blankets ,. . . 23,000 00

Tents and repairs 5,000 00

Care of military stores and freight on arms . . 900 00

Rent of armories 36,800 00

Improvement state camp-ground at Newark. 3,000 00

Repair of state arsenal 200 00

State House and Grounds.

Salary of two firemen % 640 00

Salarv of four (4) regular laborers 1,854 00

Extra labor 1,500 00

Fuel for state house 1,500 00

Material and repairs 1,900 00

Care and repair of heating apparatus 1,125 00

Water rent 667 00

Flags for state house 100 00

Electric light 5,400 00

243

For new sidewalks and sidewalk repairs on General appro-
state house grounds 2,250 00 llSJi^^)"*

(Said work to be done under the super-
vision pf the adjutant-general and
chairman of senate and house
finance committees.)

Agricultural Experiment Station.

Bulletin illustration I 300 00

Special work in entomology, botany, horticul-
ture and chemistry 4,000 00

Substations for field experiment 1,800 00

General repairs, labor and supplies 1,500 00

For investigation of tuberculosis 1,000 00

Furniture and fixtures 1,200 00

Attorney- General.

Fees on collection 1 1,200 00

For compensation for assistant counsel |3,-

500.00, and for attorney fees |1,800.00.

Total 5,300 00

Books and furniture 125 00

Contingent 700 00

Auditor of State.

Collecting excise taxes % 500 00

Additional for clerks 500 00

Contingent expenses 2,250 00

Carpets, furniture and repairs 150 00

Cutting window in office 200 00

Land Department.

Transcribing records 1 1,350 00

State Archaeological and Historical Society.

Expenses 1 1,700 00

Publications 700 00

For reprinting volumes 1, 2, 3, 4 and 5, of the
society's annual publications; each mem-
ber of the 73rd general assembly to be
provided with ten copies of each volume,
to be delivered under the direction of the
secretary of state 3,000 00

Field work, etc 500 00

Board of Agriculture.

Encouragement of agriculture 1 7,500 00

Contingent expenses 1,800 00

Crop and stock reporting service 1,800 00

Board Appraisers and Assessors.

Contingent expenses ^ 1 750 00

Board of Arbitration.

For per diem and expenses of members % 2,000 00

244

r a

"XI >.

Board of State Charities.
priauois ??r°" Expenses of board | :{,500 OU

f89K-99.

Hoard of Health.
Expenses of board 1 11,250 00

Board of Pardons.
Expenses of board . 1 800 00

Board of Public Works.

For keeping in repair and improvement of
Miami and Erie canal, all of its earnings
and balances, and |7,000 00

For the northern division of Ohio canal and
Walhonding canal, all of its earnings
and balances, and 19,500 00

For the southern division of Ohio canal, all

of its earnings and balances, and 22,500 00

Provided, that should either division of the
Ohio canal, or both, be sold or aban-
doned, the foregoing amount shall revert
to the state treasury.

Traveling expenses of members 1,350 00

Contingent expenses 875 00

Canal Commission.

Expenses of canal commissioners | 4,100 00-

Refunding to Mercer county agricultural so-
ciety for erroneous sale of land 7,500 00

Salary of canal commissioners 2,250 00

For constructing fence at stone quarry near

state hospital in Franklin county 25 00

Dairy and Food Commissioner,

Commissioner's expense 1 900 00

Assistant commissioner's expense 1,200 00

Inspection, analysis, publication and pay-
ment of clerks and stenographer 17,000 00

Attorneys' fees 13,000 00

Contingent expenses 550 00

Fish and Came Commission.

Expenses of commission f 7,000 00

For building and enlarging and maintaining

pheasantrv 4,000 00

For building fish ponds at London, Ohio. . . . 2,500 00

Comynissioner of Labor Statistics.

Traveling expenses % 350 00

Contingent expenses 6,500 00

Furniture and carpets 100 00

«)75 00

750 00
300 00
100 00
250 00

245

Commissioner of Common Schools,

Traveling expenses of commissioner | M>.\ 00 ^riatloi????*^

Contingent expenses B75 00 F"* *°°^

Per diem and expenses of state board of ex-
aminers

Boxing and shipping

Furniture and repairs

School book commission

Commissioner of Raii roads and Telegraphs.

For the uses and purposes of the commis-
sioner of railroads and telegraphs office,
115,000, or so much thereof as may be
paid into the state treasury pursuant to
an act entitled "An act to provide for
annual reports of railroad companies to
the comrnissioner of railroads and tele-
graphs and providing means for main-
taining police supervision of said roads,"
passed April 19, 1894, and from the
moneys herein appropriated the follow-
ing salaries shall be paid:

Salary of commissioner f 3,000 00

Salary of chief clerk 2,000 00

Salary of inspector 1,200 00

Salary of statistican 1,200 00

Salan- of recording clerk 1,200 00

Salar>' of one clerk 1,200 00

Executive Department.

Contingent expenses f 1,800 00

Carpet 200 00

Radiator ' 75 00

State Horticultural Society.

Expenses of state horticultural society 1 1,000 00

Chief Inspector of Mines.

Contingent expenses f 4,150 00

Attorney's fees 200 00

Furniture 15 00

Inspector of Workshops and Factories.

Traveling expenses of chief inspector | 350 00

Traveling expenses of district inspectors. . . . 4,125 00

Contingent expenses 800 00

For two typewriters 200 00

Furniture and repairs 100 00

Scientific appliances 100 00

Traveling expenses two (2) bakeshop in-
spectors 750 00

246

Judiciary.
General appro- Salaries of judfi^es 1280,000 00

pnations for v o ^ »

1898-99. r r vt

Law Library,

Books and cataloguing 1 1,875 (M)

Contingent expense 225 00

Shelving, furniture, carpets and repairs 600 00

Live Stock Commission.

Expense of commission 1 3,000 00

Legislature.

For salaries and mileage of members of the
general assembly, per diem of clerks,
sergeants-at-arms and employes while
the general assembly is in session, and
the payment of the clerks of the house
and senate after adjournment, as pro-
vided in sections 39, 43 and 45 of the

Revised Statutes 1 16,000 00

For chief clerks of the senate and house of
representatives twelve hundred (fl,200)
dollars each for completing the record of
the journals of the senate and house of
representatives for the present session.
The money thus approp'iated to be paid
at the rate of five dollars per day, as' the
work of completing said record pro-
gresses; but the full amount shall not be
paid until the work is fully completed;
and the auditor of state is hereby author-
ized to draw his warrant from time to
time on the treasurer of state in favor of
said clerks, upon the presentation by
them of 'proper vouchers, duly certified
by said clerks, to be credited for said
sum as may be therein designated until
the aforesaid sum of twelve hundred dol-
lars, to each, shall be fully paid, two

thousand four hundred dollars 2,400 00

Expense of legislative committees 4,000 00

Contingent expenses of the senate. 1,000 00

Contingent expenses of the house 1,500 00

Contingent expense of senate clerk 150 00

Contingent expense of house clerk 150 00

For safe of clerk's office 250 00

For Frederick Blankner, third assistant ser-
geant-at-arms of the house, for taking
charge of senate chamber and hall of the
house and committee rooms after the ad-
journment of the general assembly, in the
spring of 1898, and taking care of the
same until January, 1899, and for taking
care of the bill-books and other prop-

247

erty of the members, as requested by ^ttMs^f^

them, one thousand (|1,000) dollars, to mLmL^ ^^

be paid at the rate of four dollars per
day, on the warrant of the auditor of

state .- . 1,000 00

For an assistant for said Frederick Blankner
in the performance of the foregoing du-
ties at the rate of two dollars per day,
when by him necessarily employed, four
hundred (9400) dollars, to be paid to said
assistant on the warrant of the auditor of
state 400 0«

Prosecution and Transportation of Convicts.

Prosecution and transportation of .convicts to
Ohio penitentiary, reformatory and boys'
industrial school 1 130,000 00

Prosecution War Claims against General Government.

Expenses of agent f 450 00

And to W. O. Tolford, as state agent to col-
lect war claims against the general gov-
ernment, for commissions as provided for
in section 3 of an act passed April 1, 1883
(vol. 80, page 122, and vol. 91, page
329).

Secretary of State.

Contingent expenses ^ . . 1 1,250 00

Distribution of books 2,350 00

Stationery 5,750 00

Steel file cases 1,500 00

Cutting window in office ^ 200 00

Printing paper ^20,000 00

Printing and distribution election laws 400 00

State Library, ^

Expenses of commission f 180 00

Contingent expenses and extra labor 1,300 00

Repairs 250 00

Books and papers ^ 1,250 00

For traveling library 4,000 00

Superintendent of Insurance.

Contingent expenses f 1,800 00

Furniture and carpets 400 00

For clerk hire 200 00

For repairs 43 00

Cutting window in office 200 00

Bureau of Building and Loan Associations.

Salary of chief clerk f 1,000 00

Salary of mailing clerk 200 00

Contingent expenses 475 00

248

General appro- For arithmometer 1 875 00

prlatic^nsfor j^^.^^^ ^^^^

Carpets, furniture and repairs 200 00

Supervisor of Public Printing,

State printing f 35,000 00

State binding 38,000 00

Contingent expenses 50 00

Supreme Court.

Stenographer 1 1,200 OO

Contingent expenses 200 OO

Furniture, cleaning and repairs 100 OO

Clerk of the Supreme Court.

Contingent expenses 1 375 OO

File cases and carpets 135 OO

Reporter of the Supretne Court.

Contingent expenses f 600 00

Treasurer of State.

Contingent expenses 1 900 00

Addition to clerks salary 300 00

Collecting auditor of state's drafts 1,900 00

For stenographer 600 00

Carpets, furniture and repairs 800 00

Ohio Penitentiary.

Salaries of officers 1 20,000 00

Salary of guards 80,000 00

Current expenses 162,000 00

Manufacture of gas and improvements of

lights 14,500 00

Rewards to discharged convicts 28,000 00

Ordinary repairs 13,500 00

Changing cells, bath-rooms and improvement

clerk's office 5,000 00

Sewerage and water- works 2,000 00

Expenses of executions 1,375 00

Library, moral and religious instruction 750 00

Ohio Reformatory.

Salaries of officers : . . 1 18,000 00

Salaries of guards 24,000 00

Current expenses and clothing 42,000 00

Ordinary repairs 2,000 00

Furniture and carpets 5,000 00

Reward outgoing prisoners 5,000 00

Moral, religious instruction and library 600 00

For construction of wall around the institution 10,000 00

For construction 50,000 00

249

Athens State Hospital,

Current expenses 1 105,000 00 General appro-

Officers salanes, and trustees expenses 4,000 00 1898-99.

Ordinary repairs and improvements, including

furniture and carpets 16,250 00

Books and pictures for wards 200 00

Ventilating and heating : 12,000 00

Cleveland State Hospital.

Current expenses 1 125,000 00

Ordinary repairs and improvements, including

furniture, carpets and bedding 13,500 00

Salaries of officers and trustees' expenses .... 4,800 00

Books, pictures and surgical instruments 300 00

Changing water-closets and installing bathing

system 5,000 00

Columbus State Hospital.

Current expenses 1 141,125 00

Salaries of officers and trustees' expenses .... 5,000 00
Ordinary repairs and improvements, including

furniture, carpets and bedding 9,000 00

Changing drying room and employes' dining

rooms 1,000 00

Repairs to heating plant 5,000 00

Dayton State Hospital.

Current expenses 1 94,000 00

Officers' salaries and trustees' expenses 4,000 00

Ordinary repairs, improvements and morgue,

including furniture, carpets and pictures . . 10,000 00

Purchase of land 3,000 00

Ice plant 6,000 00

Longview Hospital.

Current expenses 1 123,000 00

This sum is for the support of the insane in
said institution-, and shall be paid into the
county treasury of Hamilton county
monthly, as may be necessary in payment
of the current expenses of said institution.
Requisitions shall be made by the trustees
of said hospital upon the auditor of Ham-
ilton county, and copies thereof furnished
to the auditor of state, whereupon he shall
issue his warrant upon the state treasurer
in favor of the treasurer of Hamilton
county for such amount, and said appro-
priations shall discharge the state from
all legal and equitable obligations to said
institution for the year, commencing Feb-
ruary 15, 1898, and ending February 15,
1899.

2S0

Massillon State Hospital.

SisX™ Current expenses f 36,000 00

1898-99. Salaries of officers and trustees expenses .... 4,000 00

Construction 50,000 00

Toledo State Hospital,

Current expenses f 141,750 00

Salaries of officers and trustees' expenses .... 4,800 00

For kitchen, etc 5,000 00

Ordinary repairs and improvements, including

furniture and carpets 17,500 00

Enlarging and remodeling cottages 11,000 00

Sewage storage tank and completing beds . . . 4,000 00

Boys' Industrial School,

Current expenses f 55,500 OO

Salaries of officers and teachers and trustees'

expenses 27,000 00

Ordinary repairs and improvements 5,500 00

Reward fund 600 00

Ministerial 225 00

Amusements 200 00

Water supply, sewerage and sewage disposal . 24,000 00

Steam-heating plant 15,000 00

Girls' Industrial Home,

Current expenses 1 16,000 00

Salaries of officers and teachers and trustees'

expenses 15,500 00

Ordinary repairs and improvements, including

furniture, carpets, library and music 8,0(K) 00

Expenses of lady visiting committee 100 00

Religious services 300 00

Amusements 250 00

For verandas for cottages 1,000 00

Constructing road ,. 1 ,500 OO

Finishing two rooms school building, grad-
ing, etc 800 00

Institution for the Education of the Deaf.

Current expenses f 55,000 00

Salaries of officers and teachers and trustees'

expenses 23,000 00

For two teachers for deaf and blind 1,500 00

. Ordinary repairs and improvements, including

furniture and carpets 7,000 00

Foremen supplies and industrial pursuits .... 5,500 00

Lumber and nails for boxes 750 00

New boilers 3,200 00

New school building 15,000 00

251

Institution for Feeble- ^finded Youth,

Current expenses f 105,000 00 General appro-
Salaries of officers and teachers and trustees' f^^S"' °^

expenses 12,600 00

Ordinary repairs and improvements, including

furniture and carpets 11,000 00

Electric light plant 12,000 00

• Ohio Soldiers' and Sailors' Home.

Current expenses and clothing, balances,
amount received from the general govern-
ment and 1 43,500 00

Salaries of officers and trustees' expenses 6,00*0 00

Ordinary repairs and improvements, including

furniture, carpets and bedding 10,000 00

Water-pipes and plugs 1,500 00

Construction 25,000 00

Ohio Soldiers' and Sailors' Orphans' Hofne.

Current expenses 1 95,000 00

Salaries of officers and teachers and trustees'

expenses 19,000 00

Ordinary repairs and improvements, including

furniture, carpets and organ 12,500 00

Industrial pursuits 5,800 00

Salaries of foreman and instructors 7,500 00

Net earnings 1,800 00

Amusements 500 00

Eclectric light plant, electrical school and re-
placing steam engines with electrical mo-
tors 4,000 00

Services in chapel 275 00-

Support of orphans outside 3,000 00

Library books and magazines 500 00

Slaughter house 1,500 00

Ohio Hospital for Epileptics.

Current expenses 1 93,000 00

Salaries of officers and trustees' expenses .... 5,958 00

Ordinary repairs and improvements 6,000 00

Transportation of inmates to and from hospital 2,000 OO

Construction .• 28,000 00

Sewerage disposal 15,000 00

Purchase of land 3,000 00

Institution for the Blind.

Current expenses 1 44,000 00

Salaries of officers and teachers, and trustees'

expenses 10,175 00

Ordinary repairs and improvements, including

furniture and carpets 7,000 00

Toilet rooms 3,000 00

252

Ocneral appro- Oculist 750 00

fSTw"* New three-story north dormitory 8,000 00

Addition to dining room 4,000 00

Miscellafteous.

Pension for Mrs. J. P. Brush f 96 00

To aid in support of deaf mutes at Cincinnati . . 2,500 00

To aid in support of deaf mutes in Cleveland. 2,500 00

For the state board of medical registration
and examination, there is hereby reappro-
priated all moneys now in the state treas-
ury to the credit of the fund for the uses
of the board; and also appropriated all
moneys hereafter received by the board
from fees, fines and other receipts.
Richard A. Harrison, in full for legal services

m Torrens law case 1,500 00

John K. Richards, in full for legal services in

Torrens law case 1,500 00

Skction 2. The moneys appropriated in the preced-
ing section shall not be in any way expended to pay liabil-
ities or deficiencies existing prior to February 15, 1898,
except in case of specific appropriations to persons named
for legal services, nor shall they be used or paid out for
purposes other than those for which said sums are specific-
ally appropriated as aforesaid.

Section 3. No bills for clerk hire, for furniture or
carpets, or for newspapers, shall be paid out of appro-
priations made for contingent expenses; and no money
herein appropriated shall be drawn except on a requisition
on the auditor of state, approved by the head of each depart-
ment or the trustees of the institution, which shall set forth
the services rendered or material furnished, and the date
of purchase and the time of service, and it shall be the
duty of the auditor of state to see that these provisions
are complied with. No bills for extra clerk hire in favor
of any clerk or clerks, while drawing salaries from the
state, nor shall any sums be paid out for attorney's fees
except on contracts under section 202, R S., as amended,
shall be allowed from any amount hereby appropriated,
and this act shall take effect on its passage.

HARRY C. MASON,

Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 194G

263

[Senate Bill No. 16.]

AN ACT

To reimburse Charles Fulkerson, a private in battery G, 1st regiment
light artillery, Ohio national guard, for expenses incurred on
account of an injury received while in discharge of duty.

Whereas, At the city af Marietta, Ohio, on the 22ci Preamble:
day of September, 1893, one Charles Fulkerson, a private
in battery G, 1st regiment of light artillery, Ohio national
guard, was injured while in discharge of duty, actiVig under
official orders, in the course of firing an official salute in
honor of governor William McKinley, by the premature
discharge of a cannon, whereby his right hand and ami
were mangled and severely injured, so that he is substan-
tially deprived of any use thereof, and

Whereas, Because of said injury, he not only endured
great physical suffering and is permanently disabled, but
was subject to a heavy expense for medical and surgical
attendance and various other matters pertaining to said
injury, amounting to fifteen hundred dollars ; therefore.

Section 1. Be it enacted by the General Assembly of Appropriation
the State of Ohio, That there be and is hereby appropriated IfJrSir**''' ^"^'
out of any money in the state treasury to the credit of the
general revenue fund not otherwise appropriated, the sum
of fifteen hundred dollars, to reimburse said Charles Ful-
kerson for the expense incurred as aforesaid.

Section 2. Tliis act shall take effect upon its passage.

HARRY C MASOX,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 26, 1898. 195G

[House Bill No. 39.]

AN ACT

For the relief of lieutenaiit A. B. Chapman, of the 8th infantry, Ohio
national guard.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following sum be and are [is] f^^JP[°rcha ♦
hereby appropriated out of any moneys in the treasury to man." ^^
the credit of the general revenue fund not otherwise ap-
propriated, to pay lieutenant A. B. Chapman, signal officer
of the 8th infantry, Ohio national guard, the sum of three
hundred and twenty-one dollars, which sum shall be in
Ml liquidation and payment of said A. B. Chapman, for
loss through injuries received by him in the discharge of
duty as a member of the Ohio national guard, while in
camp at Steubenville, Ohio, August 29, 1897.

..-I

254

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Setiate.
Passed April 25, 1898. 196G

[Senate Bill No. 53.]

AN ACT

Assessments:

-Sprinkline, etc.,
in cities of the
•first class.

-Dry strip to be
left in sprinkled
streets,

Bicycle riders to
have right of
way of dry strip.
Penalty for fail-
ing to leave dry
-strip, or refusing
right of way to
bicycle rider.

rRepcals,

To amend section 2310, Revised Statutes of the State of Ohio, regu-
lating the sprinkling of streets in cities of the first class.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2310 of the Revised Statutes
of Ohio be amended so as to read as follows:

Sec. 2310. When the owner or owners of land front-
ing or abutting on any highway, namely: street, avenue,
alley or parkway, within any city of the first class of this
state, omit to provide for and sprinkle with water said high-
way, or any specified part thereof, which is petitioned for
as herein provided, on or before the first day of May of
each current year, the council of said city may provide by
ordinance, to sprinkle the same at such time and in such
manner as it deems proper; provided, before said ordin-
ance is passed by said city, not less than two-thirds of all
the owners of land fronting and abutting said highway
shall first petition in writing to said city asking that said
work be done.

Sec. 2310a. In sprinkling the streets and avenues,
whether by private contract or otherwise, as provided in
2310, a dry strip shall be left on all streets and avenues,
which are not less than twenty feet in width between curbs:
on all streets and avenues paved with asphalt, brick or
granite, said dry strip shall not be less than four feet in
width, and on all other streets and avenues said strip shall
not be less than three feet in width. Be it still further pro-
vided, that bicycle riders shall have the right of way on said
dry strip at all times. Any person or persons failing to
leave the dry strip in sprinkling any street as herein pro-
vided, or any person or persons obstructing any bicycle
rider or refusing to allow such bicycle rider to have the
right of way of said dry strip as provided herein, shall be
deemed to have committed a misdemeanor and on con-
viction thereof shall be fined in any sum not exceeding
five (15.00) dollars.

Section 2. Said original sectipn 2310 is hereby re-
pealed.

265

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 197G

[Senate BiH No. 63.]

AN ACT

To amend section 6710 ( as amended 91 O. L., 278 ), of the Revised
Statutes^, of Ohio.

Section 1. Be it enacted by the General Assembly of
tlte State of Ohio, That section 6710 of the Revised Statutes Jurisdiction in
be amended so as to read as follows:

Sec. 6710. A judgment rendered, or a final order made, jurisdiction of

, . . 'a ^ • 1 .1 f r supreme court

D} any circuit court, or a judge thereof, court of common in error; finding
pleas, or a judge thereof, probate court, insolvency court, or °^ ^*^**"
the superior court, or a judge thereof, may be reversed, va-
cated or modified by the supreme court, on petition in error,
for errors appearing on the record, in any case in quo war-
ranto, mandamus, habeas corpus, procedendo, or in which
is involved the construction of the cKDnstitution of the United
States, or of the state of Ohio, or the jurisdiction of any
court of this state, or the construction or validity of a treaty
or statute of, or authority exercised under the United
States, or in which the decision is contrary to that of any
circuit court, and not in accord with a previous decision
in the supreme court, or in which is involved, exclusive of
interest and costs, the sum or value of more than three
hundred dollars; but no petition in error in such cases,
except as to the judgment or final order of the circuit court,
or a judge thereof, or of the general term of the superior
court of Cincinnati, shall be filed without leave of the su-
preme court, or judge thereof, and the supreme court shall
not in any civil cause or proceeding, except when its juris-
diction is original, be required to determine as to the weight
of evidence ; and on application of any party excepting to
a ruling or decision of the circuit court during the trial,
01 on motion for a new trial, such court shall find from the
evidence, and state on the record the facts upon which the
alleged error arises, or which may be material in deter-
mining whether error has intervened or not.

Section 2. That section 6710 of the Revised Statutes Repeals.
of Ohio, as amended May 16, 1894, be and the same is
hereby repealed.

Section 3. This act shall take effect from and after Application of
its passage, and shall apply to all causes of action existing, pj°;'^''^*'"» ""^

256

and actions pending at that time in all courts inferior t
tne supreme court.

HARRY C. MASON,
Speaker of the House of Represetitativc,

ASAHE^. W. JONES,
President of the Senati
Passed April 25, 1898. 198G

Notices and ad-
vertisements of
sale of lands and
tenements under
order of court to
contain accurate
description of
location of prop-
erty.

When act takes
effect.

[Senate Bill No. 68.]

AN ACT

To provide for the more definite description in advertisements fc
the sale of real estate in judicial proceedings.

Section 1. Be it enacted by the General Assembly Oi
tlu State of Ohio, That all. notices and advertisements fo
the sale of any lands and tenements located in any hanile
village, town or city in the state of Ohio, which notice an
advertisement is made by virtue of proceedings in an
court of record in said state, shall contain in addition i
a description of such lands and tenements, the street num
her of the building or buildings erected on said lands, o
the street number of the lots offered for sale; and if n<
such number exists, then such notice or advertisement shal
contain the name of the street or road upon which sucl
lands and tenements are located, together with the name
of the streets or roads immediately north and south o
east and west of such lands and tenements, that cross o
intersect the street or road upon which such lands or tene
ments are located, and all notices and advertisements fo
the sale of any lands and tenements located in any town
ship and not within the limits of any hamlet, village, towi
or city in the state of Ohio, which notice and advertise
ment is made by virtue of proceedings in any court o
record in said state, shall contain the name of the townshi]
in which said lands and tenements are located.

Section 2. This act shall take effect and be in foro
from and after the first day of June, 1898.

HARRY C. MASON,
Speaker of the House of Representatka

ASAHEL W. JONES,
President of the Senati
Passed April 25, 1808. 199G

257

[Senate Bill No. SI.]

AN ACT

For the relief of the family of Charles J. McFarland, late private
company A, 14th regiment, Ohio national guard.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of the state be and he is X'J^f^jjJ^ar d
hereby authorized and required to. issue his warrant on McFaAand*^^
the state treasury, to pay to Mary D. McFarland, mother
of Charles McFarland, late private in company A, 14th
regiment, Ohio national guard, the sum of |1,000, out^of
any money in the treasury to the credit of the general
revenue fund not otherwise appropriated, whiqh sum shall
be in full liquidation and payment to said Mary D. Mc-
Farland, for loss by death of said Charles McFarland,
caused by consumption contracted by him while in the line
of duty as required by law, as a member of the Ohio na-
tional guard, and resulting from exposure during the min-
ing strike in eastern Ohio, June 6 to 20, 1894, from which
cause he died April 23, 1897, to be in full of all claims
and demands against the state for or on account of the
loss aforesaid.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 200G

[House Bill Xo. 1)3.]

AN ACT

Makiofjr appropriations for the relief of certain persons who formerly
hold lands in the Virginia military district of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated. Appropriations
^ut of any money in the state treasury, to the credit of the sonr*^^"*" *'*'"
Ohio state university fund, for the relief of the persons
hereinafter named, who held unpatented grants of land
:n the "Virginia military district of Ohio," and were com-
pelled to pay the Ohio state university for said lands, the
''ollowing sums:

John R. Satterfield, Tussie Satterfield, Benjamin
Satterfield, Mrs. Lizzie Campbell, ]Mrs. Jane
Wamslev and Mrs. Marv Ellis, heirs of Wes-
ley Satterfield ' » 525 00

*^i. W. Pettit, the administrator de bonis non, etc.,

of Joannah Nixon 260 00

258

W. L. Holmes 112 OO

Samuel Smith Mason 100 OO

Christian Shupert 54 OO

The auditor of state shall draw his warrant on the
treasurer of state in favor of the persons above named, and
for the amounts stated, upon orders of the secretary o£
state, auditor of state and attorney-general, as provided in
section 1 of the act of May 21, 1894 (91 O. L., 375).

Section 2. Thi^ act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate^
Passed April 25, 1898. 201G

Finance and tax-
ation :

Blaximum taxes
in cities of the
first grade, first
class .Cinciu-
nati ) .

Sinking iund :

Report of trus-
tees.

[House Bin No. 110.]

AN ACT

To amend section 2689 of the Revised Statutes of Ohio, as amended
by an act passed April 16, 1883 (80 O. L., 128), and to amend an<i
supplement section 2721 of the Revised Statutes of Ohio, as
amended by an act passed April 16, 1883 (80 O. L., 139).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2689 of the Revised Statutes
of Ohio, as amended by an act passed April 16, 1883 (80 O.
L., 128), be amended so as to read as follows:

Sec. 2689. The aggregate of all taxes levied or ordered
to be put upon the grand duplicate above the tax for county
and state purposes, including the levy for general purposes,
and the tax for schools and school house purposes, and
for hospital purposes, and other special purposes, in cities
of the first grade of the first class, shall not exceed in
any one year thirteen mills on each dollar of the value of
any property as valued for taxation on the county tax list,
and such further rate as may be certified by the trustees
of the sinking fund pursuant to section two thousand seven
hundred and twenty-one a (sec. 2721a).

Section 2. That section 2721 of the Revised Statutes
of Ohio, as amended by an act passed April 16, 1883 (80
O. L., 139), be amended and supplemented so as to read
as follows:

Sec. 2721. The trustees of the sinking fund in cities
other than those of the first grade of the first class, shall
in the month of May in each year, or as soon thereafter
as possible, certify to the city council the rate of tax nec-
essary to provide a sinking fund for the future pajrment
of the bonds issued by the city, and for the payment of
judgments final against the city, except in condemnation
of property cases, which rate shall not exceed in any year
the sum of one mill ; also the amount necessary to be levied

269

Report of trus-
tees to board of
legislation in
cities of first
^rade. first class
[Cincinnati . '

to provide for the payment of the interest on all the bonded

indebtedness of the city, and the rents due on all perpetual

leaseholds of the city not payable from special funds; and Duty of council.

the city council shall place the several amounts so certified

in the tax ordinance before and in preference to any other

item, and for the full amount certified.

Sec. 2721a. The trustees of the sinking fund in cities
of the first grade of the first class shall, in the month of
May in each year, or so soon thereafter as possible, cer-
tify to the board of legislation the rate of tax necessary
to provide a sinking fund for the future payment of the
bonds issued by the city, and for the payment of judgments
final against the city, except in condemnation of property
cases; also the rate of tax necessary to provide for the
payment of the interest on all the bonded indebtedness of
the city, and the rejits on all perpetual leaseholds of the
city not payable from special funds, and the several rates
so certified shall be included in the tax ordinance before,
and in preference to any other item, and for the full amount
certified. Said taxes shall be in addition to the amount
authorized to be Tevied for other municipal purposes, and
shall be sufficient in connection with other available means
to provide the money for the full payment of the said judg-
ments, interests and rents as they become due, and for
the final redemption of said bonds.

Section 3, That said sections 2689 and 2721, as Repeals, etc.
amended as aforesaid, be and the same are hereby repealed;
and this act shall take effect and be in force from and
after its passage. ^^^^^ ^ MASON,

Speaker of the Hotise of Representatives.
ASAHEL W. JONES,
President of the Senate,

Passed April 25, 1898. 202G

[Senate Bill No. 148.]

AN ACT

To amend sections 3 and 4 of an act passed April 14, 1886 (O. L., 83, p.
78), entitled "An act to create and establish a state board of
health in the state of Ohio."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 3 and 4 of an act passed state board of
April 14, 1886, entitled "An act to create and establish ^^*^^*''
a state board of health in the state of Ohio," be amended
so as to read as follows:

Sec. -S. The board of health shall have supervision Remstration
of the state system of r^istration of births and deaths as JJ'^f ^it^^^t^'
hereinafter provided; they shall prescribe such forms for
the collection and registration of births and deaths, con-
sistent with this act or other acts regulating the same,
as they may deem necessary, and shall furnish copies of

tal static-

260

Chemical and

bacteriological

laboratory.

Secretary to
have charge of
laboratory ; com-
pensation.
•

Assistant ; com-
^nsation.

Local reports to
board of conta-
gious diseases.

Authority of
board in case of
epidemic to ap-
point sanitary
officer to enforce
orders.

Repeals, etc.

such forms to the auditor and probate judge of each count)
and recommend such legislation as shall be deemed nee
essary for the thorough registration of vital and mortalit
statistics throughout the state. The secretary of the boar
shall be the superintendent of such registration. The clei
ical duties and the safe keeping of the bureau of vital statii
tics thus created shall be provided by the secretary of stat
The board may establish and maintain a chemical an
bacteriological laboratory for the examination of puW
water supplies, the efHuent of sewage purification work
for the diagnosis of diphtheria, typhoid fever, hydrophobi
glanders, and such other diseases as they may deem net
essary, and for the examination of food suspected to fc
the cause of disease; and said board shall examine an
report annually the condition of all public water supplie
The secretary of the board shall have charge of said laboi
atory, and may receive for such services a sum not t
exceed five hundred dollars (f 500) per annum, to be fixe
by the board. The board may employ an assistant fc
the laboratory skilled in chemistry and bacteriology, an
fix his salary, at a sum not to exceed fifteen hundred dollai
(|1,500) per annum, and the expenses so incurred shall t
paid out of the appropriations made for said board. Tl:
board shall include in its annual report a full report of a
examinations made in said laboratory, and a detailed a<
count of all expenses so incurred.

Sec. 4. It shall be the duty of the boards of healt]
health authorities or officials, and of physicians in localitii
where there are no health authorities or officials, to repo
to the state board of health, promptly upon discovei
thereof, the existence of any one of the following diseas(
which may come under their observation, to wit: Asiat
cholera, yellow fever, small pox, scarlet fever, diphtheri
typhus or typhoid fever, and of such other contagious (
infectious diseases as the state board may from time t
time specify. And when any contagious or infectious di
ease shall become or threaten to become epidemic in ai
city, village, hamlet or township, and the local authoritii
shall neglect or refuse to enforce efficient measures for i
prevention, the state board of health, or its executive office
on the order of the president of said board, may appoii
a medical or sanitary officer and such assistants as he rrn
require, and authorize him to enforce such orders or regi
lations as said board or its executive officer may dee
necessary.

Section 2. That said sections 3 and 4 be and tl
same are hereby repealed, and this act shall take effect ai
be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representativi

ASAHEL W. JONES,
President of the Senai
Passed April 25, 1898. 203G

261

[Senate Bill No. 157.]

AN ACT

To revise and improve the statutes of Ohio relating to the care of

the poor.

Section 1. Be it enacted by the General Asseftibly of
the State of Ohio, That sections 957, 958, 959, 960, 961, 962,
963, 964, 964a, 965, 966, 967, 968, 974, 974-1, 974-2, 974-3,
976, 979, 980, 981, 984 and 985 (chapter 2, title 8, part 1)
of the Revised Statutes of Ohio be amended so as to read
as follows:

Infirmary direc-
tors:

REVISED STATUTES OF OHIO— PART FIRST,
TITLE EIGHT.

CHAPTER II.

INFIRMARY DIRECTORS.

SECTION.

1S7. Ihfirmary directors: election,
number and term.

9^V8. Election in county on comple-
tion of in 6rmary: terms.

969. Vacancy: how filled and when
board mav be appointed.

990. Bond.

961. Organization ; quorum ; a cor*

porate body ; general powers :
quarterly and special meet-
ings; record.

962. Board to appoint superintend-

ent and fix his salary ; direct-
or not eligible to any em-
ployment ; duties of superin-
tcn<lent : whom he shall re-
ceive ; his bond and oath ;
further duties of the super-
intendent.

^. Reserve fund for supplies to be
paid to the superintendent.

96L Annual certificates to county
auditor: repairs and im-
provements.
9&lfl. Aaditional levy authorized.

965. County auditor shall receive

vouchers.

966. Directors to inspect institu-

tions.

967. Directors shall make report to

county commissioners.

^58. Compensation of infirmary di-
rectors : amount of; by w'hom
allowed and by whom paid.

96"}. Directors may remove certain
persons.

9T1. Duties of trustees and directors
in cases of outside relief;
costs of relief; how paid ; re-
ports to board of state char-
ities ; to contain what.

SECTION.

974-1. Medical relief in townships;
infirmary directors may con-
tract for same.

974-2. To whom contract shall be
given.

971-3. Directors may discharge said
physicians.
976. Directors may contract with
private homes for care of de-
pendent children ; cost of
maintenance; how deter-
mined.

979. Inmates of infirmaries to be

charged for cost of their
maintenance by directors in
all cases when such inmates
are owners of property, real
or personal ; [accounts ;] how
kept

980. Estate of inmates ; disposition

of, by directors in case of dis-
charge or death.

9^1. Real estate belonging to in-
mates of infirmary to be sold
by directors except in certain
cases ; proceeds of sale, how
disposed of.

984. Directors directly or indirectly
selline or furnishing sup-
plies for support of poor lia-
ble to fine of from $500 to
13.000 and criminal prosecu-
tion : applies al.so to superin-
tendent and any other officer.

9s5. Persons guilty of transferring
peVsous to any city, township
or county in' order to shift
the responsibility of caring
for .same liable to fine of |50
for each offense.

Sec. 957. In every county in which there is a county infirmary direct-
mfirmary, there shall be a board of infirmary directors, Sumbi^anT'
composed of three persons, one of whom shall be chosen ^^rm.
every year, and shall hold his office for three years, com-
mencing on the first Monday in September next after his
election. They shall be chosen by the electors of the county,
tinless part of the county is not taxed for the support of
the county infirmary, in which case they shall be voted for

262

Election in
county on com-
Dletion of in-
firmary ; terms.

Vacancy, how
filled, and when
board may be
appointed.

Bond.

Organization ;
quorum ; a cor-
porate body ;
general powers ;
quarterly and
special meet-
ings; record.

Board to appoint
superintendent
and fix his sal-
ary ; director not
eligible to any

only by residents of the territory so taxed. [83 v. 198
Rev. Stat 1880; 73 v. 233, § 1; (S. & S. 530).]

Sec. 958. In each county in which the county infirmar
has not yet been completed, there shall be elected, at th(
first election of county officers after the completion thereoi
a board of three infirmary directors, one for one year, om
for two years, and one for three years, the term of offic(
commencing as above, and annually thereafter, there shal
be elected one infirmary director, for the term of threi
years. [73 v. 233, § 1: (S. & S. 530; S. & C. 930).]

Sec. 959. If a vacancy occur in a board of infirmar
directors, the county commissioners shall fill such vacancy
and on the completion of the county infirmary, in a count;
not having a board of infirmary directors, if the commis
sioners think the public interest^ require the services o
a board, before the same can be elected and qualified unde
the preceding sections, the commissioners may appoin
three directors to serve till th€ board is established, as afore
said. [73 v. 233, § 2; (S. & S. 531).]

Sec. 960. Each infirmary director shall, before enter
ing on the discharge of his duties, give bond to the state
with two or more sureties, in any sum not more than thirt
thousand dollars nor less than two thousand dollars, t(
the acceptance of the county commissioners, conditions
for the faithful performance of his duties; which bond, wit)
the approval of the commissioners and the oath, of offic
endorsed thereon, shall be deposited with the county treas
urer. [73 v. 233, § 1.]

Sec. 961. The board shall organize by appointing on
member president, and another, clerk, and a majority shai
form a quorum. The board shall be a body corporate am
politic, with perpetual succession, and shall be known b

the name of the board of infirmary directors of

county, and by that name may sue and be sued, defen
and be defended, in any court within the state; the boar
may have a common seal, with the coat of arms of the state
together with the name of the infirmary thereon, which i
may alter or change. It shall make all such contracts an
purchases as are necessary for the institution, and sha
prescribe such rules and regulations as it thinks prope
for the management and good government of the samt
and for inducing the practice of sobriety, morality, an<
industry among its inmates. It shall meet not oftener tha
once a month at the infirmary, but the president may ca
a special meeting of the board at any time he deems i
necessary. The directors shall keep a book, in which th
clerk shall record the proceedings of their meetings an
all their transactions, which book shall at all times be ope
to the inspection of the public. [73 v. 233, §§ 1, 3; (S. I
S. 531; S. & C 927).]

Sec. 962. The directors shall appoint a superintenden
who shall reside in some apartment of the infirmary c
other building contiguous thereto, and shall receive sue

263

compensation for his service as they determine. He shall employment;
perform such duties as they may impose upon him, and fntcldeiu^^'
be governed in all respects by their rules and regulations, J^ccWe%*u*"
and he shall not be removed by them except for good and bond and oath ;
sufficient cause; but in no case shall the directors appoint thrsu^*i?ntcn^
one of their own number, superintendent, nor shall any *°^*
director -be eligible to hold any other office, directly or
indirectly, in the infirmary, or receive any compensation
whatever, as physician, or otherwise, either directly or indi-
rectly, wherein the appointing power is vested in the board
of directors. The superintendent shall require all persons
received into the infirmary to perform such reasonable and
moderate labor as is suited to their age and bodily strength;
and the directors shall sell all products of the infirmary,
not necessary for the use of the same, and all moneys
arising therefrom shall be paid into the county treasury,
to be placed to the credit of the poor fund, to be paid out
by the board of directors as exigency requires. The super-
intendent shall receive into the infirmary any person who
produces to him such an order or voucher as is* required
by law; but the directors may confer upon him the author-
ity to discharge inmates of the infirmary; and he shall
enter in a book, to be provided for him and kept for that
purpose, the following information, so far as it can be
ascertained, in reference to every person so received into
the infirmary: Name, sex, age, nativity, date of admission,
length of residence in the state, length of residence in the
county, from what township received, whether the person ^

so received is insane, idiotic or epileptic, whether diseased,
deformed, crippled, blind, or deaf and dumb, the date of
discharge from the infirmary and reasons therefor; the date
of all deaths and causes of same, the number of births and
the parentage of all children born in the infirmary. The
superintendent shall, before entering upon his duties, exe-
cute a bond, with two or more sureties to the acceptance
of the directors, in a sum not less than two thousand nor
more than twenty thousand dollars as they may require,
payable to the state, and conditioned for the faithful dis-
charge of his duties; which bond, with the approval of the
board and his oath of office indorsed thereon, shall be
deposited with the county treasurer; and the superintendent
shall require itemized bills for all labor performed under
his direction, or articles purchased by him, and provided
for the use of the infirmary or the farm connected there-
^th, and he shall certify over his official signature, on
the back thereof, to the correctness of the same, and that
such labor was performed or articles delivered for the uses
aforesaid. [73 v. 233, § 8; (S. & S. 531; S. & C.,927).]

Sec. 963. A reserve fund shall be set apart out of Reserve fund for
the poor fund bv the directors, not exceeding at any time, JJlSFlo^hesu-
two hundred dollars, at the request of the superintendent p«rint«ndent.
and upon their order be paid to the superintendent, and
expended by him as needed, for current supplies and ex-

264

Additional levy
authorized.

County auditor
shall receive
vouchers.

penses, and of this fund the superintendent shall keep an
accurate account, and all expenditures thereof shall be
audited by the board; and when, and as often as the same
is entirely disbursed, the county auditor shall, on the order
of the board of directors, pay to the superintendent the
amount so authorized by the directors. [73 v. 233, § 5.]

cal?"o^comVt^- ^^^* ^^^* ^^^ board of infirmary directors shall on

auditof^repairs the first Monday in March annually, certify to the counir
mcnt^^^°'^" auditor the amount of money they will need for the sup-
port of the infirmary for the ensuing year, including the
amount for all needful repairs at the infirmary; and the
county auditor shall place the amount so certified by the
infirmary directors on the tax duplicate of the county, and
said infirmary directors shall have full control of said poor
fund and shall be held responsible for the same. flSSG.
May 18: 88 v. 202; 79 v. 135; Revised Statutes 1880; To
V. 233, § 6.]

Sec. 964a. Whenever in any county the funds appli-
cable thereto are not sufficient for the support of the poor,
the infirmary directors may levy for that purpose, in addi-
tion to the levies otherwise authorized, any rate not ex-
ceeding six-tenths of a mill on the dollar of valuation.

Sec. 965. The auditor shall receive any vouchers given
by the directors, and countersigned by the clerk, to any
person or persons, other than the directors themselves, for
labor, provisions, medical attendance, or supplies of any
kind furnished to said institution, and shall give such per-
son a warrant on the county treasurer for tlie proper
amount, who shall pay the same out of the county poor
fund and such vouchers shall show the specific item or
items allowed by the directors, or shall be accompanied by
a written statement showing the items so allowed. [T.'^
V. 233, § 7.]

Sec. 966. At each monthly meeting, and at such other
times as they deem it necessary, the directors shall carefully
examine the condition of the institution, and the inmates,
the manner in which they are fed, clothed and otherwise
provided for and treated; they shall ascertain what labor
they are required to perform, and shall inspect the books
and accounts of the superintendent. [73 v. 233, § 9.]

Sec. 907. The directors shall on the first Monday of
March and September of each year, report to the commis-
sioners of the county the condition of the infirmary, num-
ber of inmates therein, and such other information as the
board thinks proper, with a full account of all moneys re-
ceived and paid out, together with vouchers, and from
whence received, to whom and for what paid out; and
such report, when made, shall be examined by the coni-
.missioners, and if found correct and allowed by them, shall
be entered in the minutes of their proceedings; but no
item in the account shall be allowed for which there is not
a proper voucher; and the report and vouchers shall be

Directors to in-
spect institu-
tion.

Directors shall
make report to
county coniuiis-
sionefs.

265

filed in the auditor's office, and safely preserved by him-
and in their September report the directors shall give the
statistical information for the year preceding the first day
of that month as provided for under section 962. Said
report to show the whole number of inmates at beginning
of year; number received during the year; number born
in the infirmary; total number of inmates for the year;
number discharged during the- year; number of deaths
during the year; number removed to other counties, states
or institutions; whole number remaining; daily average;
whole number of children under sixteen years of age ; how
many placed in homes; how many children remaining —
boys, girls; of the number of children remaining how many
of sound mind; how many children helplessly crippled;
how many insane — males, females; how many epileptics
— males, females; how many idiotic — males, females;
total current expenses of infirmary, exclusive of farm pro-
ducts, for the year; total value of farm products for the
year; total ^amount paid in the county for outdoor relief
during the year; amount of salaries during the year, su-
perintendent, matron, teacher; amount of wages paid em-
ployes; amount per diem and expenses of infirmary direc-
tors for the year. [73 v. 283, § 10; (S. & C. 928).]

Sec. 968. Each infirmary director shall be allowed, in
addition to his actual traveling expenses, f2.50 for each
day he is employed in -his official duties. He shall present
an itemized account of his services and expenses in the
discharge of his official duties to the board of directors
at a regular meeting; said account after being approved
by said board, shall be submitted to the board of county
commissioners at a regular session of said board, who upon
their approval thereof, shall allow the same to be paid out
of the county fund on the order of the county auditor.
[1885, January 30: 82 v. 14; Rev. Stat. 1880; 73 v. 233, § 4.]

Sec. 969. The board of infirmary directors of any in-
firmary may remove any person becoming a charge upon
the county, who has no legal settlement in the state, to the
county and state wher^ such person has a legal settlement.
[73 v. 233, § 17.]

Sec. 974. When, in any county having an infirmary,
the trustees of a city or township shall, after making the
inquiry provided for, be of the opinion that the person
complained of is entitled to admission to the county in-
fimiary, they shall forthwith transmit a statement of said
facts, so far as they have been able to ascertain the same,
to the infirmary directors, and if it appears that such per-
son is legally settled in said township or has no legal settle-
ment in this state, or that such settlement is unknown,
and the directors are satisfied that said person should be-
come a county charge, they shall forthwith receive said
person and provide for him or her in said institution, or
otherwise, and thereupon the liabilities of the township in
the case shall cease, but the infirmary directors shall not

Compensation
of infirmary di-
rectors ; amount-
of ; by whom al-
lowca and by
whom paid.

Directors may
remove certain
persons.

Duties of trus-
tee.s and direct-
ors in cases of
outside relief;
costs of relief:
how paid : re-
ports to board of
state charities,
to contain what.

266

Medical relief in
townships : in-
firmary aircctors
may contract for
samel

Directors may
contract with
private homes
for care of de-
pendent chil-
dren : cost of
maintenance ;
how determined.

Inmates of in-
firmaries to be
charged for cost
of their mainte-
nance by direct-
ors in all cases
when such in-
mates are own-
ers of property,
real or personal ;
accounts : how
kept.

be liable for any relief- furnished, or expenses incurred by
the township trustees. The infirmary directors shall re-
port quarterly to the board of state charities, the names
of all persons to whom relief has been given outside of
the infirmary, whether medical or otherwise, together with
their age, sex and nationality, whether such persons are
married or single, and if married the number of persons
in the family and the ages of each; also the reasons for
extending relief, the nature of the relief given, the amount
of same, and any other information that may be pre-
scribed by said board. [1886, May 18: 83 v. 202, 203;
80 V. 108; Rev. Stat. 1880; 74 v. 32, § 24; 76 v. 10, § 1.]

Sec. 975. In all counties of the state of Ohio, the
infirmary directors may contract with one or more compe-
tent physicians, to furnish medical relief and medicines
necessary for the persons of their respective townships,
who come under their charge, but no such contracts shall
extend beyond one year Said contracts shall be given to
the lowest competent bidder, the directors reserving the
right to reject any or all bids. Said physicians shall report
quarterly to said infirmary directors on blanks to be fur-
nished by said directors, the names of all persons to whom
they have furnished medical relief or medicines, the num-
ber of visits made in attending such persons, the character
of the disease, and such other information as may be re-
quired by said directors. Said directors shall have the
power to discharge any of said physicians for proper cause.

Sec. 976. In the several counties of this state where
there is not a children's home established or maintained
under the laws passed for that purpose, and where there
is such a home established by private charity or otherwise,
the infirmary directors of any such county or the superin-
tendent of any corporation infirmary therein, shall have
authority, in case any child under sixteen years of age, of
a sound mind, and free from all infectious or contagious
diseases, becomes a county or township charge, to trans-
fer such child to said home established and maintained by
private charity or otherwise, instead of committing it to
the county or corporation infirmary; but the cost for
maintaining such child shall be the same as in similar in-
stitutions while it remains a public charge. [1886, Mav 18:
83 V. 196, 197; Rev. Stat 1880; 73 v. 233, § 26.]

Sec. 979. When any person becomes a county charge,
whether insane or otherwise, and such person is possessed
of, or is the owner of property, whether real or personal,
or has an interest in remainder, or is in any other manner
legally entitled- to gift or legacy, or bequest, of whatever
nature or kind the same may be, the infirmary directors or
board of administration or directors of any corporation
infirmary shall take possession of all such property or other
interest such person is entitled to, and as soon thereafter
as they deem proper, sell or dispose of the same, the real
estate to be sold as hereinafter provid)sd; and the net

267

proceeds arising therefrom shall be applied in whole or in
part, under the special direction of the said infirmary di-
rectors or said board of administration or directors of said
corporation infirmary, in such manner as they think best
to the maintenance of such person, during the continu-
ance of such person in said infirmary, and the net proceeds
arising from the sale of any property belonging to such
person shall be paid over to the county treasurer, and by
him placed to the credit oT such person to be paid out on
the warrant of the count>' auditor, approved by the county
commissioners; and the clerk shall open an account with
said person and charge him with board, and such specific
items as are furnished for his exclusive use, which account
shall be approved by the board of infirmary directors or
the proper officers of said corporation infirmary, and shall
be submitted to the county commissioners on the first
Monday of March and September, of each year, when the
infirmary directors or the superintendent of said corpora-
tion infirmary make their reports. [73 v. 233, § 29 ; (S. &
S. 533; S. & C. 931).l

Sec. 980. Upon the death of an inmate of an infirm- ^*\*^jf.°^.^°"jj,j.
ary, or who is in a lawful manner discharged therefrom, ^onpth^SiAe-
whose property or effects have been disposed of, and the d?JJh?rge"r**^
avails thereof applied as provided for in the preceding death,
section, if there remains a balance due and in favor of said
person on the books of the institution, such balance shall
be paid by the directors to said person discharged, or in
case of death to his or her legal representatives. [73 v.
23:^, § 30; (S. & S. 533; S. & C. 931).]

Sec. 981. When a person becdmes a county charge, Real estate ^be-
or the inmate of a corporation infirmary, whether insane or mat?°of ftifinn-
otherwise, and such person is possessed of, or is the owner di?eSora.*excep^
01 real estate, or has an interest in reversion, or is in any *^^5^^a°f^*Ji
manner legally entitled to any g^ft, legaJy, or bequest, in ES^isposed of!
real estate, the directors or proper officers of said corpora-
tion infirmary shall take possession of all such property
or other interest such person is entitled to, and when they
deem advisable and to the best interest of said person shall
proceed to sell the same, and they shall file a petition for
that purpose in the court of common pleas, or probate
court, in the county where such property is situated, and
the proceedings therefor, sale, confirmation of sale and
execution of deed by said directors, or proper officers of
said corporation infirmary, shall in all respects, be con-
ducted in conformity to the practice and statutory pro-
visions for the sale of real estate by guardians, and the
net proceeds arising from such sale shall be applied, under
the special direction of the directors, or the proper officers
of said corporation infirmary, in such manner as they
think best to the maintenance of such person during his
continuance in the infirmary; but if the guardian, hus-
band, wife, heirs, or persons who are entitled to the residu-
ary- interest in the property of said person give bond to

268

Directors, direct-,
ly or indirectly,
selling^ or fur-
nishing supplies
for support of
poor, liable to
fine of from |500
to 13,000 and
criminal prose-
cution ; applies
also to superin-
tendent and any
other oflficer.

Persons guilty
of transferring
persons to any
city, township or
county in order
to shift respons-
ibility of caring
for same, liable
to fine of $-30 for
each offense.

County commis-
sioner's :

Separation of
child from pau-
per mother : how
accomplished ;
under what cir-
cumstances to
be temporarily
provided for at
infirmarv.

the directors of the infirmarv, or the proper officers of said
corporation infirmary, to their satisfaction, and pay into
the hands of the clerk of the board of directors, or proper
officers of said corporation infirmary, at sucn times as the
directors or the proper officers of said corporation infirm-
ary require, an amount sufficient to support said person
while he or she remains in the infirmary, the directors or
the proper officers of said corporation infirmary shall not
take charge of said property. [73 v. 233, § 31; (S. & S.
533; S. &C. 931).]

Sec. 984. No infirmary director shall, directly or in-
directly, sell or supply any article, to a superintendent or
other person, to be used for the relief of the poor; and no
order shall be made by an infirmary director for the payment
of any such supplies sold or furnished by such director,
nor shall any order for the payment of money for supplies
sold or furnished be paid to any such director, or assignee
or holder thereof; and any superintendent, director, trustee,
or other officer, who shall certify to, allow, or draw an
order for the payment of any account or bill, knowing
the same to be false or fraudulent, in whole or in part,
shall forfeit and pay a sum not less than five hundred dol-
lars nor more than three thousand dollars, for every such
offense, and shall be Hable to criminal prosecution, as pro-
vided by law.

Sec. 985. If a person transports, removes, or brings,
or causes to be transported, removed, or brought, any poor
or indigent person into any city, township, or county in
this state, without lawful authority, and there leaves such
poor indigent person, with intent to make such city, town-
ship or county chargeable with the support of such person,
such person so offending shall forfeit and pay the sum of
fifty dollars for every such offense, for the use of the poor
of the city or towdiship in which such person is left, to be
recovered by civil action, in the name of the state, before
anv court of competent jurisdiction. [1880, March 6: 77
v.'39; Rev. Stat, 1880; 77 v. 223, § 35; (S. & S., 534;
S. & C, 932).]

Section 2. That sections 931a and 9316 and 945 of
the Revised Statutes of Ohio, and an act entitled "An act
to amend section 2 of an act passed April 9, 1883, etc.," as
passed May 4, 1885 (O. L., vol. 82, page 249), be amended
so as to read as follows:

Sec. 931a. No child under the age of one year shall
be separated from its mother, if such mother be an inmate
of the county infirmary, unless with the approval of the
probate court first given; and whenever a child who is an
applicant for admission to a children's home, shall, upon
examination by a regular practicing physician, be declared
to be afflicted with any contagious or infectious disease,
and there shall be no means provided at the children's
home for its separation from the other children, it shall
be cared for by the infirmary directors until such time as

269

it shall become eligible to the children's home. [1888,
April 3: 85 V. 145.]

Sec. 931&. All children now maintained in the county
infirmary of any county in this state, or who shall here-
after be received into any such county infirmary, and shall
become eligible to the children's home of such county or
district, shall be certified to the trustees thereof, by the
infirmary directors; and all children who are found by
township trustees to be proper subjects for the care of the
county, and eligible to such children's home, shall be cer-
tified to the trustees of the home by the trustees of the
township of which they are residents, and shall be con-
veyed to such home and the expense thereof paid for out
of the township poor fund; but in case any child shall be
found abandoned and destitute, and is eligible to the chil-
dren's home, the superintendent of the home may provide
and care for it temporarily, until the proper officers can
be notified. [1888, April 3: 85 v. 148.]

Sec. 931c. That from and after the passage of this
act, it shall not be lawful to keep or maintain in any county
infirmary in this state, any child or children entitled to
admission into a children's home, except such as are im-
becile, idiotic or insane; and the board of commissioners
of any county in the state, where such home has not already
been provided, shall make temporary provisions for such
children by transferring them to the nearest children's home
where they can be received and kept at the expense of the
county, or by leasing suitable premises for that purpose,
which shall be furnished, provided, and managed in all
respects^ as now provided by law for the support and man-
agement of children's hoiaes in the state of Ohio; provided,
or the commbsioners may provide for the care and support
of such children within their respective counties, in the
manned deemed best for the interest of children, and the
commissioners shall levy an additional tax, which shall be
used for that purpose only. [1885, May 4: 82 v. 249; 82
V. 86; 81 V. 92.; 86 v. 102.]

Sec. 945. Children who are under the custody of par-
ent, g:aardian: or nest friend, and whQ> by reason of neglect,
sduise^ or from the moral depravity^ habitual drunkenness,
ineafacky or unwilliogiiess of such legal custodian to exer-
cise proper eare or discipline over them, are besng brought
up to lead, idle^ vagrant,, or criminal lives, shall, if the trus-
tees q£ the tovmahip in. which they have a legal settlement,
or the infirmsuy directors of the county, after a careful and
impadrtial investig^'on of the condition and facts, as they
exat; deem it manifestly requisite for the future welfare
of such childrett,. and for the benefit and protection of
society, be committed to the guardianship of the trustees
of a county or district children's htwne. [73 v. 64, § 17.]

Sectioit 3. That section 3135 of the Revised Statutes
of Ohio be amended so as to read as follows:

Children in in-
firmaries eli{(i*
ble lo home to
be certified to
trustees by di-
rectors; town-
ship trustees to
c*?rtify certain
children to trus-
tees; children
admitted to
home tempora-
rily by superin-
tendent in cer-
tain cases.

Unlawful to
maintain chil-
dren in infirma-
ries, except cer-
tain cases;
county commis-
sioners to make
provisions for
care of children
may make addi-
tional levy.

Township trus-
tees may remove
children from
improper or
vicious homes or
surtoundings
and commit to
county home.

Apprentices :

270

'W^

■n

Children may be
bound out to or-
phans' asylums
or children's
homes, and in
turn by said
asylums or
homes to other
persons.

Poor:

Township trus-
tees and corpo-
ration officers to
afford relief to
whom.

Relief of needy
blind person :
how provided
for.

Sec. 3135. The father, or if he is deadi the mother,
or the trustees of a township, or the board of directors of
a county infirmary, or the officers of a municipal corpo-
ration who are authorized by law to bind out orphan or
destitute children, may, with the consent of the trustees,
directors, or managers thereof, bind any minor to an orphan
asylum or children's home incorporated by law of this state;
the identure shall provide that the minor shall remain in
the said asylum or home, to be supported thereby, and
subject to the control thereof, until such time as the officers
thereof find a suitable home or place for the minor; and
the officers of such asylum or home may bind out any such
minor, by identure as provided in this chapter, or other
contract, as they deem most for the benefit and interest
of the minor. [51 v. 540, §§ 1, 2, 3, 4; S. & C. 79.]

Section 4. That sections 1401, 1493, 1494, 1495, 1496,
1497, 1498 of the Revised Statutes of Ohio, sections 1,
2 and 3 of an act entitled "An act for the relief of the poor
in counties having no infirmary," passed March 27, 1889,
O. L., vol. 86, page 143; section 1 of an act entitled "An
act authorizing infirmary directors and township trustees
to require recipients of public relief^ not in county or city
infirmaries, who are able to do manual labor to perform
labor in public parks, highways, etc., to the value of the
relief afforded," passed February 14, 1894 (O. L.. vol. 91.
page 25), section 1500 of the Revised Statutes, section 1500o
of the Revised Statutes, as amended April 24, 1890 (O. L.,
vol. 87, page 283), be amended so as to read as follows:

Sec. 1491. The trustees of each township in tfie state
or the proper officers of each corporation therein, shall
afford at the expense of their township or corporation, pub-
lic support or relief to all persons therein who may be in
condition requiring the same, subject to the conditions,
provisions and limitations herein. [73 v. 233, § 11; (S. &
S. 525).]

Sec. 1491a. That in any township in this state where
there may reside a blind person and said person is in need
or partial relief or who may be in need of permanent relief,
the township trustees shall, at their meeting in April of
each year, certify to the county commissioners the amount
required for the relief of such person, or persons, which
amount shall not exceed one hundred dollars (flOO.CK)) each
per annum per capita. Such certification to county commis-
sioners shall be made of record, certifying by name the
person, or persons, for whom relief is required and the
amount for each of said persons. The county commis-
sioners shall make a levy upon each of the respective town-
ships to the amount certified by the trustees thereof, and
such amount, when paid into the county treasury, shall
be paid to the respective township treasurer, to be used
by him, upon the orders of the trustees of said township,
for the relief or maintenance of the persons so certified
to the county commissioners as needy blind.

271

Sec. 1493. Any person who has a legal settlement in settlement of
any county in this state shall be considered to have a legal p*^'°"*
settlement in any township or corporation therein in which
he or she may reside. [73 v, 233, § 13; (S. & S. 526).]

Sec. 1494. When a person in any township or corpo- Sj^.^^'^o*''*?
ration is in a condition requiring public relief, or the ser- juration ^officers
vices of a physician or surgeon, complaint thereof shall be Jf *" ^ notified,
forthwith made to the township trustees, or other proper
officer, by some person having knowledge of the fact; if
medical services are required, and no physician or surgeon
is regularly employed by contract to furnish medical attend-
ance to the poor of the township or corporation, then the
physician called or attending, shall immediately notify
the trustees, or other proper officer, in writing, that he is
attending such person, and thereupon the township or
corporation shall be liable for all relief and for services
rendered, which may thereafter be afforded to such person,
only in such amount as the trustees or proper officers of
the corporation determine to be just and reasonable; but
if such notice be not g^ven within three days after such
relief is afforded or services begin, then said township or
corporation shall be liable for such relief or services only,
as may be rendered after notice has been given, but the
trustees or other proper officer may, at any time order the
discontinuance of such services or relief, and they shall
not be liable for any services or relief thereafter rendered.

Sec. 1495. When complaint is made as aforesaid to Trustees or
the trustees of a township or to the proper officers of a S w^rat^Sn* ***^
corporation that any person thereinr requires public relief Ions requiring
or support, one or more of the trustees, or proper officer relief,
of the corporation, or some other duly authorized person
shall visit the person needing relief, forthwith, to ascertain
the name, age, sex, color, nativity, length of residence in
the county, previous habits and present condition of such
person, and especially in what township and county in this
state, if any, he or she is legally settled, and the information
so ascertained shall be transmitted to the township clerk,
or proper officer of the corporation, recorded on the town-
ship or corporation records, and no relief or support shall
be given to any person without such visitation and inves-
tigation, except that in cities, where there is maintained
a public organization of associated charities, charity organ-
ization society, or other benevolent association, which makes
it a business to investigate and keep a record of the facts
relating to such persons as receive or apply for relief, the
infirmary directors, trustees, or other officers of such city
shall accept such investigation and information and may
grant relief upon the approval and recommendation of the
society or organization, aforesaid. [73 v. 233, § 15; (S. &
S. 526).]

Sec. 1496. When it has been ascertained by the trus- e4n°^"rsSnI°to
tees of a township or the proper officer of a corporation their^wn^coun-
that such persqn therein requiring relief has a legal settle- \l fo^Vgn d?-^*^^

272

rectors

to givt notice.

Accounts to be
kept by trustees
and corporation
officers.

failure mciit in some Other county of this state, they shall imme-
diately notify the infinnary directors of the county in which
such person is found, and said infirmary directors shall
immediately, should the person's health permit, remove
said person to the infirmary of the county where his or her
legal settlement is, and if said person refuses to be removed
it shall be the duty of the probate judge of the county in
vv'hich such person is found to issue a warrant for such
removal on complaint being made by one of the infirman*
directors and the county wherein the legal settlement of
said person is, shall pay all expenses of such removal and
the necessary, charges for relief and expenses of burial in
case of death, provided, a written notice is given the in-
fiimary. directors of said county within twenty days after-
such legal settlement has been ascertained, and upon re-
fusal or failure to 'pay therefor may be compelled so to do
by a civil action by the board of infirmary directors of the
county from whence the removal is made against the board
of infirmary directors of the county to which such person
is removed, in the court of common pleas of the county
to which such person is removed; but if such notice shall
not be given within twenty days after the directors first
named are advised of such person's residence, and within
ninety days after the relief for which charges are made
has been afforded such person, then, in that case, the di-
rectors of the infirmary where such person belongs shall
not be liable for any charges or expenditures whatever
accruing prior to said notice. [89 v. 133; 83 v. 202, 203;
Revised Statutes, 1880; 77 v. 265; 73 v. 233, § 16; (S. &
C. 925; S. & S. 526).]

Sec. 1497. The trustees, or proper officers of a cor-
poration, shall keep accurate accounts of all expenses in-
curred for the support o£ the poor within their respective
townships or corporations, and make entries in a book of
the names of the persons, and the time when each became
chargeaJdle, together with an account of their own services
rendered, which account shall be adjusted and settled semi-
annuaily, on the first Monday of March and first Monday
of September; and the township clerk or proper officer
of a< corporation shall record the same in the township or
corporation, records, and issue an order on the township
treasurer or treasurer of tbe corporation for tlie amount
thus paid and services rendered, as soon, as the same has
been paid or the services have been rendered; and the
trustees in every township, or proper ofiicer of a corpora-
tion shall issue orders on the township treasurer or treas-
urer of the corporation for such demands as accrue under
the provisions of this chapter, as soon as such demands
accrue; and immediately after the September settlement
the township clerk or proper officer of, a corporation shall
make and file with the county auditor a report of the ad-
ministration of the poor laws in the township or corpora-
tion for the year preceding that settlement, showing all

273

expenditures in that behalf as follows: First, the aggre-
gate of pl^sicians' fees paid; second, the aggregate paid
for supplies, food, clothing, etc.; and third, aggregate of
per diem and expenses of trustees or proper officers of a
corporation in connection with the poor laws. [73 v. 233,
§18; (S. &C926; S. & S. 527).]

Sec. 1408. No account shall ever be audited or al- ^^*JJJJJ^%*2:**
lowed by the trustees of a township or the proper officers ^ ^ '* *
of a corporation for the support of the poor, unless the
same be accompanied by the proper voucher, verified by
the claimant or his agent, and duly certified by said trus-
tees or proper officers of a corporation. [73 v. 233, § 19;
(S. & S., 527).]

Sec. 1499 — 1. The trustees of any township, or the Medical rcuef oi
prcmer officers of a corporation in any county in the state ShSg*Sr*oorpi-
of Ohio, may contract with one or more competent physi- «tioii«.
cians to furnish medical relief and medicines necessary
for the persons of their respective townships, or corpora-
tions who come under their charge under the poor laws
of Ohio, but no contract shall extend beyond one year;
and said physicians shall report quarterly to the clerk of
the township or other proper officer, on blanks to be fur-
nished him for that purpose, the names of all persons to
whom they have furnished medical relief or medicines, the
number of visits made in attending such person, the char-
acter of the disease, and such other information as may be
required by said trustees or officers. [86 v. 143.]

Sec. 1499 — 2. These contracts shall -be given to the To whom coa-
lowest competent bidder, the trustees or proper officers of iwaJdS.*" ^
the corporation reserving the right to reject any and all
bids, and to annul such contract at any time for proper
cause. [86 v. 143.]

Sec. 1499 — 3. That when the trustees of any such Uabiutiesof
township or the proper officers of a corporation shall enter ^V^baf
into such contract, as herein provided, said township or {Jf" *"**"*
corporation shall not be liable for any relief thereafter fur-
nished any person under the provisions of section 1494,
Revised Statutes, so long as such contract remains in force,
provided, however, that the trustees of any township or
the proper officer of a corporation anci the infirmary direc-
tors of the county in which said township or corporation
is located may, by mutual agreement, contract for medical
relief and medicines necessary for the relief of persons com-
ing under their respective charge. [86 v. 143.]

Sec 1499—4. Whenever public relief is applied for Performance ©r
or afforded to the poor by. the infirmary directors of any in^oV%bHc''re.
county or the trustees of any township or officers of a **^f-
corporation, and the relief applied for or received is not
in any county or city infirmary, and the applicant for or
recipient of such relief is able to do manual labor, the
infirmary directors or township trustees or proper officers
of a corporation are authorized and shall require any male
18

274

Tmatees aod
commiMioners
ia connty hav-
tng no infirmary
to control cer-
teitt property.

Burial of un-
claimed dead ;
fefuttder of ex-

Inaane or eoilep-
tlc excluded
from infirma-
sies.

Asylums for the
insane :

Patients having
komicidal or sui-
cidal propensi-
ties; Dond ; in-
curable and
karmless pa-
tients; patients
with certain pro-
pensities not to
DC kept in jail,
etc.; discharge
of patients un-
attended ; ex-
penses; dis-
diar^ed patients
icquiring an es-

applicant or recipient to perform labor to the value of th(
relief afforded, at any time, upon any free public park, pub
lie highway, or other, public property or public contrac
in such county or township, or corporation, under the di
rection of the proper authorities having charge or contro
of the same. If relief has been afforded and said recipien
refuses to perform the labor provided, the fact shall \x
made of record and all relief or support thereafter rcfusec
him and he may be proceeded against as a vagrant [91
V. 25.]

Sec. 1500. In all counties having no infirmary, th(
trustees of any township or the commissioners of the count]
or proper officer of any corporation therein shall have ant
may exercise the same rights, powers and duties with refer
ence to the property of persons coming under their charg(
under the poor laws of the state, as are conferred upon anc
exercised by infirmarv directors in counties having infirm
aries. [63 & 64 §; S. & S. 538.]

Sec. 1500a. When information is given to the trustee
of any township or proper officer of a corporation, tha
the dead body of any person, having a legal settlement ii
the county, or whose legal settlement is not in the state o
whose settlement is unknown and not the inmate of a penal
reformatory, benevolent or charitable institution, has beei
found in such township or corporaticfn and such body is no
claimed by any person for private interment at his owi
expense or delivered for the purpose of medical or surgica
study or dissection in accordance with law; they shall caus(
the said body to be buried at the expense of the townshi]
or corporation, but if the township trustees or proper of
ficer of the corporation notify the infirmary directors thei
the infirmary directors shall cause the body to be burie(
at the expense of the county. [87 v. 283; 84 v. 29.]

Section 5. That on and after June 1, 1900, it shal
be unlawful to receive, or keep, at any county infirmar
in the state of Ohio, any insane or epileptic persons, an.
all sections authorizing the receiving or committing of sue
insane and epileptic persons to the infirmaries of the stat
are hereby repealed.

Section 6. That section 709 of the Revised Statute!
as amended March 27, 1888 (O. L., vol. 85, page 122), b
amended so as to read as follows:

Sec. 709. On consent and advice of the trustees, th
superintendent may discharge any patient from any asylur
for the insane, when he deems such discharge proper an
necessary; provided, no patient with known homicidal o
suicidal propensities, shall be discharged without a bond i
the sum of one thousand dollars, with two or more sure
ties, to the approval of the probate judge ofttc count
of which the patient is an inhabitant, payable to any perso
who shall be injured in person or property by an insan
act of such discharged person while at Jarge on such dis

276

charge, and conditioned to save harmless by pa)ring all cort; warrant
damage to such injured person as shall arise in consequence f^/and ez-'
of such insane act, ctMnraitted by such discharged person. ^^tiin^Si^^^
When, in the opinion of the superintendent, the condition Uenta on trui
of any patient at the time of discharge, is such as to jus- ""**** e«pcn»c«-
tify such action, he may permit such patient to go to his
home, or leave the institution Unattended ; and if such pa-
tient is not financially able to bear his own expenses, the
superintendent of such institution may furnish the patient
sufficient sum to pay his traveling expenses, and charge
the same to the current expense fund of the institution;
such sum in no case shall exceed twenty dollars. In all
cases requiring an escort, should neither the patient nor
the friends of the patient be financially able to bear the
expense of his removal, the superintendent shall eive notice
to the probate judge of the county of which the patient is
an inhabitant, and said probate judge shall forthwith issue
his warrant to some suitable person, giving the friends of
patients the preference, which warrant shall read as fol-
lows:

The state of Ohio, county, ss.

Office of the probate judge of said county.

The proper authority having directed that ,

a patient from this county in the asylum for the insane

at , be removed therefrom, you are commanded

forthwith to remove said patient, and return him to his
home in said state.

Witness my hand and official seal, this day

of , 18—.

' A. B., probate judge.

Upon receipt of said warrant, the person to whom it
is directed, shall forthwith execute it, and return it to the
probate judge, by whom it was issued, and said probate
judge shall ascertain and fix the allowance to the person
executing such warrant, for expenses and fees, and certify
the same to the county auditor, who shall draw his war-
rant therefor on the county treasurer. In the case of any
patient having no known homicidal or suicidal propensi-
ties, the superintendent is authorised, whenever he deems
the best interests of such patlient to require it, to permit
said patient to leave the institution on a trial visit, not in any
case to exceed ninety days, the patient being returnable at
any time within that date, should [such] return be necessary,
without further legal proceedings. The removal of such
patient on such trial visit shall be made in the same man-
ner as provided in this section for the removal on dis-
charge, and when return from such visit is necessary, and
neither the patient nor the friends of the patient are finan-
cially able to bear the expense, said return shall be made
on the warrant of the probate judge, in the same manner as
provided herein in the case of discharged patients in like
circumstances. [1888, March 27: 85 v. 122; Rev. Stat,
1880: 75 v. 64, § 26; (S. & C 845).]

276

Repeals; when
to take cflfect.

Repeals.

Section 7. That sections 707, 708, 711, 721, 721—1,
721—2, 721—3, 721—4, 721—5, 721—6 (chapter 9, title 5,
part 1, of the Revised Statutes of Ohio) be and the samo
are hereby repealed to take effect June 1, 1900.

Section 8. The following sections of the Revised
Statutes, acts and parts of acts of the general assembly, are
hereby repealed:

1. Revised Statutes section 957, 957t, 958, 959, 960,
961, 962, 963, 964, 965, 966, 967, 968, 968a, 969, 970, 971
972, 973, 974, 974—1, 974—2, 974—3, 976, 977, 978, 979
980, 981, 982, 983, 984, 985, as contained in chapter 2, title
8, part 1, of the Revised Statutes of Ohio.

2. Revised Statutes sections 2826 and 2174—1, being
section 1 of an act entitled "An act for the relief of the
infirm in cities of the third grade, first class, passed Aprii
27, 1896 (vol. 92, page 741).

3. Revised Statutes sections 931a, 931fr, 945 and 93L
being section 2 of an act entitled "An act to amend sectior
2 of an act passed April 9, 1883," etc., as passed May 4
1885 (vol. 82, page 249).

4. Revised Statutes sections 3135, 1491, 1493, 1494
1495, 1496, 1497, 1498 and section 1499—1, 1499—2
1499 — 3 being sections 1, 2 and 3 of an act entitled ''Ai
act for the relief of the poor in counties having no infirm
ary," passed March 27, 1889 (vol. 86, page 143); sectioi
1494 — 4 being section 1 of an act entitled "An act author
izing infirmary directors and township trustees to requir
recipients of public relief not in county, or city infirmarie
who are able to do manual labor, to perform labor in publii
parks, highways, etc., to the value of the relief afforded,
passed February 14, 1894 (vol. 91, page 25). Revised Stat
utes section 1500 and section 1500a as amended April 2S
1890 (vol. 87, page 283).

5. Revised Statutes section 709.

Section 9. This act shall be in force from and afte
its passage.

HARRY C. MASON,
Speaker of the House of Representatives

ASAHEL W. JONES,
President of the Senate
Passed April 26, 1898. 204G

277
.[House Bill No. 159.]

AN ACT

To authorize the use and purchase of voting machine for any or all
elections to be. held within any city, town or village of the state,
and for the appointment of commissioners.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That any body or board of public officials, ®S^^/|J*°;gf
or any officer or officers, charged by law with the duty u«c of voting
of providing material and supplies for holding an election 3ection»! ***
or elections in any city, village, town, precinct, or other
civil division of the state, may at any general election sub-
mit a proposition to the qualified voters thereof to adopt
a voting machine, or voting machines, for use in any or
all of the election districts within the city, village, town,
or precinct, or other civil division of the state for which
such board or body of public officials, or officer or officers,
are charged by law with the duty of providing with material
or supplies for holding an c^lection, and after a majority of
the votes cast at such election in any such city, village,
town, precinct or other civil division of the state shall favor
the adoption of such voting machine or machines, there- , .

upon it shall be lawful for such voting machine or machines
to be used at any or all elections within the election district
for which the same shall have been adopted, for the pur-
pose of voting for all officers or delegates to be voted for
by the electors at such election or elections, and for the
purpose of voting upon all constitutional amendments and
any and all propositions and questions upon which the elec-
tors at such election or elections may be lawfully entitled
to vote, and for the registering and counting the votes or
ballots cast at such election or elections. And such board Purchase of ma-
or body of public officials, or officer or officers charged *^^^'*"'
by law with the duty aforesaid, are hereby authorized and
empowered to purchase such voting machine or machines
for use at any or all of the election districts for which he,
it dr they are by law charged with the duty of providing
with material and supplies for holding an election, at the ,

expense of the city, village, town, county, precinct, or other
civil division of the state now chargeable by law with the
expenses of the material and supplies for holding general
elections in such election district or districts. Provided, J'^^^^^^^jJ^
however, that no such voting machine shall be used, pur- SmmiMion;
chased or adopted until after the commissioners herein pro- JSchS"*'"^ ^'
vided for, or a majority thereof, shall have made and filed
their report certifying that they have examined such ma-
chine; that it affords each elector an opportunity to vote in
absolute secrecy; that it enables each elector to vote- a
straight party ticket; that it enables each elector to vote a
ticket selected in part from the nominees of one party, and
in part from the nominees of any or all other parties, and in
part from an independent nomination, and in part of per-
sons not in nomination by any party or upon any independ-

278

ent ticket; that it enables each elector to vote a written or
printed ballot of his own selection, for any person for any
oiHce for which he may desire; that it enables each elector,
if he so desires, to cast one written or printed ballot of his
own selection for all the officers for whom he is entitled to
vote at such election; that it affords each elector an oppor-
tunity of voting for all the candidates for whom he is en-
titled to vote, and absolutely prevents his voting for any
candidate more than once; and that it also prevents the
elector voting for more than one person for the same office,
unless he be lawfully entitled to vote for more than one per-
son for that office, and. in that event, it admits of his voting
for as many persons for that office as he is by law entitled to
vote for, and no more, at the same time preventing his vot-
ing for the same person twice ; that the machine is so con-
structed that an elector may be permitted to vote for a can-
didate for whom he may be lawfully entitled to vote, and ex-
cluded from voting upon anv questions upon which he may
not be lawfully entitled to vote; that such machine admits of
the enjoyment by each elector of his full right and privilege
in the exercise of the elective franchise under the consti-
tution and laws of this state; that the machine is supplied
with a booth so arranged that the operation of the machine
by the elector, when voting cannot be seen, observed or
known by any other person, unless such other person be
inside the booth at the same time; that such machine, prop-
erly operated, will correctly register every vote cast; that
the machine is constructed of such material [that,] when
properly cared for, there is little or no danger of its utility
being impaired by any of the parts becoming rusted or cor-
roded; that the machine may be safely and conveniently
used by eight hundred electors in any one election district
during the time allowed for holding a general election
therein.

^SSie*toUn°g Section 2. The present p^ovemor, secretary of state

machines- duties and attomcy general and their successors in office, are

and powers. hereby created and made conmiissioners to examine voting

machines, and to make a report and certificate thereon,

and, for such purpose, they are hereby authorized to employ

such assistance as they, or a majority of them, may deem

advisable, and the expenses thereof shall be payable out

of any funds of the state not otherwise appropriated. The

examination, report, or certificate of such commissioners,

or a majority thereof, above provided for, shall not be

required of each individual machine, but of every particular

kind of machine before its adoption, use' or purchase as

fifed w1th%^* ^^^^'" provided. The certificate, when made bjr said com-

ury of sta*tc!^*" missioners, or a majority thereof, shall be filed m the office

of the secretary of state.

Mjchinesjnust SECTION 3. The votiug machine or machines, to be

requirement?^ uscd, adopted or purchased as herein provided, must be so

constructed as to meet all requirements specified in this act

279

Section 4. Party nominations shall be arranged on
each voting machine either in columns or horizontal rows.
Ballot captions of cardboard or paper, which shall 'have
printed thereon, in plain, clear type, the party or other
lawful designation of the nominee, amendment or other
proposition sqbmitted to vote, shall be so placed on said
machines as to indicate to the voter what lever, push, knob,
key or other device is to be used or operated m order to
vote in accordance with his choice. Such machines shall
also be provided with a printed ballot or cardboard, upon
which shall be printed in plain, clear type the name of the
office and the name of the candidate or nominee therefor,
or a concise statement of the amendment, or question, or
proposition, to be voted upon. And these shall be placed
upon such machines in such manner as to enable the voter
to readily vote in accordance with his choice. The irreg-
ular device shall be provided with similar cardboard, or
printed paper, except that the name of the candidate shall
not be printed thereon; and the same shall be so placed
on said machine as to show to the voter where to deposit
the ballot for any person for a particular ofHce. If two
or more persons are to be elected to the same office, for
different terms, the term for which each is to be elected
shall be designated on such machines as above provided.

Section 5. Every part of the polling place shall be
in plain view of the election officers, including the watchers,
if any, except that the operation of the machine by the
elector shall be obs<!ured as herein provided. It shall be
placed at least three feet from every wall or partition of
the room, and at least three feet from the outer guard-rail,
and at least four feet from the judge's table. Guard-rails
shall be constructed at least three feet from the machine,
with openings to admit electors to and from the machine,
and no person shall be permitted within such guard-rails
except to enter the booth for the purpose of voting. But
one person shall be permitted within such booth at a time,
except that a disabled elector may be furnished such assist-
ance and in such manner as is now or may hereafter be
authorized by law, and not otherwise.

Section 6. The party emblem, if any is in use in the
state, sh^ll be placed at the head of the party ticket in
such manner as to be easily seen; and, in presidential elec-
tions, such machine may be provided in each column or
horizontal line of party nominations with a separate push
knob, lever, key or other device, for voting for all the pres-
idential electors nominated by such party, and the numbers
registered by the counters of that particular push knob,
lever, key or other device shall be counted for each and
every one of the candidates for presidential elector of such
political party. And in each cplumn or horizontal line may
be one lever, push knob, key, or other device, with a label
as above provided, with the name of the party and the
words "straight ticket" printed thereon in plain, large type;

How nomhia-
tions shall a^
pear on machine;
general require-
ments of ma-
chine to enable
elector to vote
for his choice.

Election officer!
to have view of
entire polling
place except op-
eration of ma-
chine; locatioa
of machine.

Guard-rails; how
constructed:
who to be admit-
ted within.

Party emblem;
how placed.

Arrangement for
voting for presi-
dential electors^

"Straight
Ucket."

280

Detivenr of bal-
lots, ballot cap-
tlona, cardsi
counter labels
and instruction
cards for use in
connection with
machine.

Precaution to be
taken before
Totinir be^ns.

I^enffth of time
▼oter permitted
to remain within
booth.

Clo|An|r of polls;
manine to be
locked; count-
ing compart-
ment to be
opened in pres-
ence of author-
ised persons.

Counting and '
announcement
of votes.

Jud^;es required
to sign returns
before leaving
room or locking
counting com-
partment.

Returns to be
read; compari-
son of results.

Services of bal-
lot clerk dis-
pensed with.

Tampering with ,
impairing or at-
tempting to im-
pair maoiine ;
penalty.

and the operation of such lever, push knob, key, or other
device, shall vote the entire ticket, including presidential
electors.

Section 7. The officer or officers now charged by
law with the duty of furnishing such election districts with
ballots shall furnish each polling place using such machine
with all ballots, ballot captions, cards, counter labels and
instruction cards herein required; and the same shall, on
Saturday next preceding the election at which they are to
be used, be delivered to the clerk of the city, village, town,
or precinct where the same are to be used, or to such other
officer in such city, town or village to whom ballots are
now required by law to be delivered.

Section 8. Before any voting is done <mi any such
machine or machines, all the counters shall be placed so
as to register "O," and shall not be again changed except
as it is done by the electors in voting.

Section 9. No voter shall remain within the voting
machine booth longer than one minute, and if he shall
refuse to leave the said machine after the lapse of one
minute, he shall be removed by the judges.

Section 10. As soon as the polls are closed the ballot
machine shall be locked against voting, and the counting
compartment opened in the presence of the watchers and
all other persons who may be lawfully within the room
or voting place, giving full view to the dial numbers an-
nouncing the votes cast for each candidate, and for or
against the various constitutional amendments, questions,
or other propositions.

Section 11. The judges shall then add together the
votes cast for each candidate, and ascertain the number
of votes which each has received, and publicly announce
the total vote for each candidate thus ascertained. Before
leaving the room or voting place, and before closing and
locking the counting compartment, the judges shall make
and sign written statements or returns of such election, as
now required by law, except that they shall not be required
to attach any ballots, official or defective, thereto. The
written statements or returns so made, after having been
signed by the judges, shall be distinctly and clearly read
in the hearing of all persons present, and ample oppor-
tunity given to compare the results so certified with the
counter dials of such machine. After such comparison and
correction, if any is made, the judges shall then close the
counting compartment and lock the same.

Section 12. No ballot clerk shall be elected or j^)-
pointed in any town or city that shall have adopted the
use of the voting machine.

Section 13. Any person who shall tamper or attempt
to tamper with any such machine or machines, or in any
manner intentionally impair or attempt to impair its use,
and any person who shall be guilty of or attempt any dis-

281

honest practice upon any such machine, or with or by its
use, shaJl be deemed guilty of a misdemeanor, and punish-
able by a fine not exceeding one thousand dollars, or by
imprisonment not exceeding five years, or by both such
fine and imprisonment.

Section 14. All the provisions of the election Jaw'- ^pijcatwj^of
not inconsistent with this act shall apply to all elections in Snflic5iigT*w»
the precincts where such voting machines are used. And °^^ ^^ ^^^^^'
any provisions of law which conflict "With the use of such
machine or machines as herein set forth shall not apply
to the precinct or precincts in which an election is conducted
by use of said ballot machine or voting machines.

Section 15. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 205G

[House Bill No. 171.]

AN ACT

To empower township boards of education to establish township or
joint township high schools, and to discontinue subdistrict
schools when too small to justify their continuance.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That whenever ten qualified electors of Township w
any township, or twenty qualified electors of any two ad- iTgh sSIcwi ^
joining townships shall file a petition or petitions with the pcduoiii^ore*.
township clerk, or clerks of two adjoining townships, pray- tabiiahmcnt,^
ing for the establishing of a township high school district, shipboard?f cd-
or a joint township high school district, it shall then be the a?n fo° '.SbSu-
duty of the township board of education, or boards of edu- sion of question

./ . -- *^ ^. ,. -.t » .% • . 1 of cstaDlisning'

cation, to call a meeting, or meetings, withm thirty days district and levy-
thereafter, of the qualified electors of said township, or ind^rc/SoS^of
townships embraced in the petition, or petitions, at their J^jJ^/i^f • ^**™
usual place or places of voting, giving ten days' notice, or
notices of the time and place, or places, of said election,
or elections, to be posted in at least five conspicuous places
in the township; or both townships, requiring said electors
to vote for or against the proposed establishing a township
or joint township higli »Chool district, and the building of a
township or joint township high school building, and shall
also at tiie same election submit to the electors of the town-
ship, or joint township high school district proposed, the
question of levyin|f taxes for buying site, or sites, and build-
ing a township or joint township high school house, cw either
of them, and the further questioMs whether the levy shall
be made from year to year thereafter, and what amount
shall be levied each year until the actual cost of suCh site,

282

Counting of bal-
lots and returns
uf election.

Levy to be certi-
6ed to auditor
who shall place
same on dupli-
cate for collec-
tion.

Townships di-
vided by county
line; how levy
certified and
collected.

Purchase or
renting of suit-
able building ;
when question
of levy not re-
quirea to be
submitted.

Employment of
teacher.

Assistant
teachers.

or sites, the erection of such high school house, or houses,
is raised, and their opinions, the said electors, shall be ex-
pressed on their ballots which must be provided by the
board, or boards of education, to wit: For township, or joint
township high school district: "Yes." For levying taxes
jfor site, or sites, and building township, or joint township
high school house: "Yes." For township, or joint town-
ship high school district: "No." For levying tax for site,
or sites, and building township, or joint township high
school house: "No." Which ballots shall be counted and
returned by the judges and clerks of elections as in such
cases made and provided.

Section 2. Should there be a majority of the votes
cast in favor of the establishing of a township or joint
township high school district, and in favor of levying taxes
for buying site, or sites, and building township^ or joint
township high school building, or buildings, or either of
them, of continuing the levy from year to year thereafter,
and for the amount to be levied each year, the board shall
certify the levy annually to the county auditor, who shall
place the same upon the tax duplicate in the same manner
that other taxes certified by such board are required to
be placed thereon; and when the townships are divided
by a county line, the levy shall be certified, collected and
paid in the manner provided in sections thirty-nine hun-
dred and sixty-one, and thirty-nine hundred and sixty-two,
as supplemented by this act, in the case of levies for joint
subdistncts, or joint township high school districts.

Section 3. Should there be a subdistrict school
house suitably located in the township, or joint township
high school district, petitioned for, or should there be any
other building favorably located that the board of educa-
tion could buy for five hundred dollars, or less, or rent
the same, then the board of education need not submit to
the voters the proposition of a tax levy, but submit only
the proposition of establishing the proposed township, or
joint township high school district, and if a majority of
the votes cast are for such measure, then the board of edu-
cation shall go on and establish the township, or joint
township high school district, and use such building, or
buildings, as are available for the township, or joint town-
ship high school district then established.

Section 4. Whenever the board of education has
provided a building for a township, or joint township high
school district, it shall then be the duty of the township
board of education to hire a teacher who may be recog-
nized as a township^ or joint township high school super-
intendent, who shall be required to teach all the branches
now required to be taught in the subdistrict schools, as
well as natural philosophy, algebra, bookkeeping and phys-
ical geography. And the board of education shall hire an
assistant or assistants as the township or joint township
school may require.

283

Section 5. The township boards of education are whcnsubdis-
hereby empowered to discontinue any subdistrict school £? dis^oStin?«f
whenever the enumeration falls below fifteen (15) pupils
and assign the pupils to the surrounding subdistrict schools
until such a time as the discontinued subdistrict school has •
a bona fide enumeration of twenty scholars not eligible to
attend the township, or joint township high school, if then
established in the township. .

Section 6. Joint township high school districts, es- ^^^^Y^'i^y^fi
tablished under the provisions of this act, shall be governed tScts^ ^
and controlled by the laws now in force governing and
controlling joint subdistricts with the laws or different sec-
tions amended or supplemented so as to read after the
words, a joint subdistrict, or joint township high school
district.

Section 7. The following sections of Ohio school {n^tl*"^**"
laws are hereby amended or supplemented so as to read
as follows, to wit:

Sec 3928. When the better accommodation of schol- T°r,5!^>P^,.

m -«•«« i> .. --^. .. Doards may es-

ars makes it desirable to form a joint subdistrict, or joint tabiishbymu-
township high school district composed of parts, or all, of *"*^ *fi^''««'°«°*-
two or more townships, the board of education of the town-
ships interested, may, by mutual agreement, at a joint
meeting held for the purpose, establish the same, and fix
the boundaries thereof; if there is no suitable school house schooi-buiiding.
within such boundaries, or if there is one, but it is not
suitably located, the board shall designate a site whereon
to erect such building; but if there is a suitable school
house within such boundaries, properly located, the school
shall be held therein: a chairman and secretary shall be organization of
chosen at such meeting, and the secretary shall make .a *"^*^*"*^'
memorandum of the proceedings had thereat; a copy of copies of memo-
such memorandum, signed by the chairman and secretary, ce?din"s°to^bT
shall be transmitted to the clerk of each of the boards, who sccJc'S^!^^^
shall record the same in his record of proceedings of the
board; and the secretary shall transmit a like copy of the
proceedings to the auditor of each county having territory
embraced in the joint subdistrict, or township, or joint
township high school district

Sec. 3929. The school in a joint subdistrict, or joint control of achooi
township high school district, shall be under the control {JictioV'jjS^t*"
of the board of education in the township in which the gch^^i^dfatSct.
school house is siitiate, of which board the director of the
joint subdistrict, or joint township high school district,
shall be a member, or members; but such school shall support of same,
be supported from the school funds of the townships hav-
ing territory in the joint subdistrict, or joint township high
school district, in proportion to the enumeration of youth,
as provided in sections thirty-nine hundred and sixty-one
and thirty-nine hundred and sixty-two and thirty-nine hun-
dred and sixty-three, as amended by this act.

284

Repeals, etc. SECTION 8. That scctions 3928 and 3929 of the Re-

vised Statutes of Ohio are hereby repealed, and this act
shall take effect and be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 206G

Bzecution
aSfftinst prop-
erty:

Lien of judg-
ment restricted
to two-thirds of
appraised value
of lands levied
on.

E^nds not to be
sold for less
than two-thirds
of appraisment;
exception as to
enforcement of
junior lien;
court may deter-
mine minimum
amount for
which real estate
may be sold.

Purchaser mak-
ing insufficient
bid to pay addi-
tional sum to
satisfy costs
and allowances.

[Senate Bill No. 183.]

AN ACT

To amend section 5391 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
theState of Ohio, That section 5391 of the Revised Statutes
be and is hereby amended so as to read as follows:

Sec. 5391. If upon such return, it appears by the in-
quisition that two-thirds of the appraised value of the
lands and tenements so levied upon is suflftcient to satisfy
the execution, with costs, the judgment on .which the exe-
cution issued shall not operate as a lien on the residue of
the debtor's estate to the prejudice of any other judgment
creditor; but no tract of land shall be sold for less than
two-thirds of the value returned 1n the inquest; except that
in all cases where a junior mortgage or other junior lien
is sought to be enforced against real estate by an order,
judgment or decree of court, subject to a prior lien or liens

.on such real estate, and such prior lien or liens, and the
claims or obligations secured thereby, are unaffected by

^ such order, judgment or decree, the court making such
order, judgment or decree, shall have power to determine
the minimum amount for which such real estate may be
sold, the said minimum amount, however, to be not less
than two-thirds of the difference between the value of the
said real estate as appraised under section 5389 hereof,
and the amount remaining unpaid on the claims or obli-
gations secured by such prior lien or liens; and if the sum
bid by the purchaser for the real estate so sold under the
provisions of this section relating to the enforcement of
junior liens be insufficient to pay such costs and allow-
ances as the court may have determined prior to said sale
should be paid out of the proceeds of such sale pursuant
to the terms of such mortgage or lien so sought to be
enforced, then said purchaser shall pay in addition to the
amount of his bid a sum which with said amount so bid
will be sufficient to pay such costs and allowances, and the
court shall have power to fix such amount remaining un-
paid on said claims or obligations for the purpose of such
sale, and to that end may require in its discretion the par-
ties to said suit to furnish to the court evidence of such

285

unpaid amount which shall be satisfactory to the court.
Nothing in this section contained shall affect the sale of saicof undsby
lands by the state; but all lands, the property of individuals wUhout%aiua^
indebted to the state for any debt or taxes, or in any other *^°°-
manner, except for loans heretofore authorized by the
legislature, shall be sold without valuation, for the dis-
charge of such debt or taxes, agreeably to the laws of such
case made and provided.

Section 2. That said original section 5391 be and the Repeals, etc.
same is hereby repealed, and this act shall take effect and
be in force from and after its passage.

HARRY C. MASON, '
Speaker of the House of Representatives,

ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 207G

[House Bill No. 197.J

AN ACT

Providing for filing, docketing and indexinj^ in the office of the
clerk of the courts of common pleas in Ohio of judgments
rendered by district and circuit courts of the United States in
Ohio.

Section 1. Be it cftacted by the General Assembly of
the State of Ohio, That any person interested may file or
cause to be filed in the office of the clerk of the court of
common pleas in this state, a copy of any judgment rendered
by any district or circuit court of the United States, in any
district in Ohio, certified by the clerk of and under the seal
of such court of the United States, and when so filed, such
judgment shall be entered upon the execution docket of
such court, and indexed in the same manner as is provided
for filing, entering and indexing judgments of justices of
the peace.

Section 2. The same fees shall be taxed, charged Fcesofcierk.
and received, and in the same manner collected by said
clerk, for said scrvicfe, as is provided in case of filing trans-
cripts of judgments rendered by the justice of the peace.

Section 3. This act shall take effect and be in force
(rom and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

Filing, docket-
ing and index* '
ing of judg-
ments of tederaP
district or cir-
cuit courts in
office of clerk of
common pleas
court.

Passed April 26, 1898.

ASAHEL W. JONES,

President of the Senate.
208G

Bquipment and
operation of
railroad cars
with automatic
couplers and
Airbrakes.

6emi-annual re-

Eorts to be made
y railroad com-
panies as to
number of cars
equipi>ed and
unequipped
with automatic
couplers.

Repeals. '

286

[ House Bill No. 199.]

AN ACT

To amend and supplement "An act to require railroad corporations
to equip ana furnish all cars used in their service with air-
brakes and automatic couplers, and their engines with power-
brakes/* passed April 14, }893.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That every railroad corporation operating
a railroad or part of a railroad, in this state, shall, on or
before the first day of January, A. D. 1900, equip and fur-
nish all cars owned and leased used in its service in this
state with automatic couplers, coupling automatically, and
which can be uncoupled without the necessity of men going
between the ends of the cars; and shall equip, furnish and
operate all cars in its passenger service, and not less than
thirty p^r cent, of the cars in its freight service with air
brakes; and no freight train shall, after such date, be run
by any such railroad corporation over any part of its road
lying within this state unless ^t least twenty-five per cent,
of the cars composing such freight train are so i^uipped,
furnished and operated with perfectly actine air-brakes and
so as to enable the engineer to- control the speed of the
train without the use of hand-brakes; provided that on or
before January 1, 1899, twenty-five (25) per cent, of all the
automatic couplers and air-brakes hereinbefore provided
to be put upon cars shall be so furnished on or before
January 1, 1S99.

Section 2. And it shall be the duty of any rsulroad
corporation operating a railroad or part of a railroad within
this state, to report to the commissioner of railroads every
six months after the passage of this act, and until the first
day of January, A. D. 1900, the number and class of cars
in their service equipped with such automatic couplers and
air-brakes, and the number of cars not so equipped; to
report upon blanks furnished by such commissioner.

Section 3. Said original section, as pwissed April 14,
1893, is hereby repealed.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatkrs

A3AHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 209G

287

[Senate Bill No. 211.]
AN ACT

To amend section 6145 of the Revised Statutes of Ohio, as amended
April 14, 1896 (O. L., page 155).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6145 of the Revised Statutes
of Ohio, as amended April 14, 1896, be and the same is
hereby amended so as to read as follows:

Sec. 6145. The probate court or court of common
pleas, in which sucji action may be pending, shall have full
power to determine the equities between the parties and
the priorities of lien of the several lien-holders on said real
estate, and* to order a distributipn of the money arising
from the sale of such real estate, according to the respective
equities and priorities of lien as found by the court When
said action is determined by the probate court, the judge
thereof shall make the necessary order for an entry of re-
lease and satisfaction of all mortgages and other liens upon
said real estate, and shall enter such release and satis-
faction, together with a niemorandum of the title of the
case, the character of the proceedings and the volume
and page of record, where recorded, upon the record of
such mortgage, judgment or other lien in the office where ,
the same appear as matter of record and he shall tax in
his cost bill the tee provided by law for entering such re-
lease and satisfaction, and also a fee of twenty-five cents
to himself for such entry. This section shall apply to pro-
ceedings by guardians, assignees, and trustees to sell lands
to pay debts.

Section 2. That section 6145, as amended April 14,
1896, is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 210G

Executors and
administrfttors :

Deteimination
of equities and
priorities; dis-
tribution.

Order for release
of lien.

Pees.

Applicable to
giiardians, as-
signees and
other trustees.

Repeals.

[Senate Bill No. 220.]

AN ACT

To provide for the proper arrang«ment and preservation of certain
pleadings and papers on file in certain probate courts.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the probate judge of each county Assortment, ar-

-«« . * ^3 % t « , -^ ranirementand

n»y cause to be assorted, arranged and preserved together preservation of
all the pleadings, accounts, vouchers and other papers on ?oun*ts"?ouchcr8

288

and other papers
filed in probate
courts prior to
January, 1888.

Classification of
marriage certifi-
cates, reports of
births, deaths,
etc.

Compensation of
judge.

Care and preser-
vation of papers
filed since Janu-
ary, 1888; judge
not entitled to
additional com-
pensation.

file in the probate court of such county, in each estate, trust,
assignment, guardianship or other proceeding, ex-parte or
adversary, begun or commenced prior to the first day of
January, 1888, keeping the said pleadings, accounts, vouch-
ers and other papers in every other case or proceeding.
And such papers so assorted and arranged shall be prc^
erly jacketed and otherwise tied, fastened or held to-
gether, and be numbered, lettered or otherwise marked
in such manner that the same may be readily found
and examined by reference to proper memoranda upon
the docket, record or index entries of such cases,
causes or proceedings, respectively, which memoranda
shall be made, or caused to be made, by said probate
judge. Provided, however, that such pleadings, ac-
counts, vouchers and other papers are not now so as-
sorted, arranged and preserved ; and provided, further, that
marriage certificates, birth and death reports and similar
papers shall be arranged and preserved together in each
class, in the order of their dates, or in the order in which
the same are filed.

Section 2. Such probate judge shall be entitled to
receive compensation for assorting, arranging, preserving
and marking said pleadings, accounts, vouchers and other
papers, as required in the preceding section, in such
amount as may be allowed by the commissioners of such
county, not exceeding, however, the sum of twenty cents
for each case or cause' so assorted, arranged, marked,
and docketed, and not exceeding the sum of one cent for
each of said marriage certificates, birth and death reports,
and such similar papers so assorted and arranged.

Section 3. All pleadings, accounts, vouchers and
other papers filed in such court in causes, or proceedings
begun or commenced after the first day of January, 1888,
and all pleadings, accounts, vouchers and other papers
which shall be hereafter filed in such probate court in each
estate, trust, assignment, guardianship, or other proceed-
ing, ex-partc or adversary, begun or commenced after said
first day of January, 1888, shall be kept together as pro-
vided in section 1 of this act, and, upon the final termina-
tion or settlement of each case, cause or proceeding, shall
be so preserved for future reference and examination, with-
out further compensation to such probate judge therefor.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 211G

[Senate Bill No. 221.]

AN ACT

To amend' sections 1648, 1652 and 1700 of 'the Revised Statutes of

Ohio.

Section 1. Be it enacted by the General Assembly of
ike Staie of Ohio, That sections 1648 (as amended March
10, 1893, 90 Ohio Laws, page 78), 1652 (as amended April
22, 1896, 92 Ohio Laws, page 281), and 1700 (as amended
March 10, 1893, 90 Ohio Laws, page 78) of the Revised
Statutes of Ohio, be and the same are hereby amended to
read as follows:

Sec. 1648. The officers of the hamlet shall consist of
three trustees, who shall be electors residing within the
corporate limits and who shall hold their offices for three
years, except as herein provided, and until their successors
are elected and qualified; a clerk and treasurer, each of
whom shall be electors in said hamlet and shall hold their
oflBces for two years and until their successors are elected
and qualified; a marshal and a supervisor, both of whom
shall be electors in said hamlet and shall hold their offices
for one year, except as hereinafter provided, and until their
.successors are elected and qualified.

Sec. 1652. No ordinance providing for the opening or
widening of any road, street or alley, or the appropriation
of land therefor, and no ordinance providing for any im-
provement, the cost of which, or any part thereof, shall
be specially assessed upon any lands in the hamlet, shall be
passed, except upon the petition of two-thirds of the owners
of lots or lands through or along which the road, street,
alley, sewer or other improvement, or part thereof, to be
opened, widened, improved or lighted, shall pass; pro-
vided, however, that in all counties containing cities of the
first class all the provisions of chapter four, division seven,
of this title, affecting or relating to villages generally, shall
apply to and affect hamlets, and wherever the word "coun-
cil" occurs in said chapter, the same shall be held to apply
to and include the trustees of hamlets.

Sec. 1700. The trustees of hamlets shall have power
to appoint from the electors of said hamlet such other po-
lice officers as may be necessary ; and they shall, by proper
by-laws, resolutions or ordinances, prescribe the duties and
compensation of the officers so appointed as well as said
marshal, in addition to the duties now prescribed by law;
and they may remove any such appointed officer and ap-
point another at their discretion, and may remove said
marshal for good cause shown; and the president of the
board of trustees shall be a conservator of the peace
throughout the corporation; and shall perform the same
duties and shall have the same jurisdiction and powers as
are conferred upon the mayors of villages in all civil and
criminal cases, and his proceedings may be reviewed in the

Trustees <3f
hamlets:

Officers of ham-
lets; election
and terms.

Limitation oiH

f)0\vers of ham-
ets.

Hamlets in
counties con-
taining: citiaA of
the first class.

Appli«atioB of '
use of word
" council."

Appointment ©f
police officers ;
duties and com-
pensation to be
jjrescribed by
trustees.

Removal of ap-
pointive officers
nnd marshal.
Powers and du-
ties of president
of board of trus-
tees.

' ■t't

>. •

f.':

. *

•ompenMtion
•f president.

Repeals, etc.

^*i.

Inaolrent

debtors:

1 ..•

1 .

Sales, conrey-
aaces, transtcrs,

} ;

4^-

mortgagfes, as-

fligrnments, etc.,

1 ;

sade in cantem-

►

laation of in-

solvency to

«-.•

•j

innre to benefit

«. "

•f all the cred-

•f?

♦

itors.

v..

*1 '

irhen sale, con-
rcyanoe, trans-
fer, mortgage or
assignment held
to be fraudulent.

same manner; and he shall receive no compensation for
his services, except such as is allowed for similar services
to justices of the peace.

Section 2. That said sections 1648, 1652 and 1700,
as amended March 10, 1893, April 22, 1896, and March
10, 1893, respectively, be and the same are hereby repealed,
and this act shall take effect from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,
^ President of the Senate,

Passed April 26, 1898. 212G

[Senate Bill No. 232.]

AN ACT

To amend sections 6343 and 6344 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 6343 and 6344 of the Re-
vised Statutes, be and the same are hereby amended so as
to read as follows:

Scic. 6343. Every sale, conveyance, transfer, mort-
gage or assignment, whether made in trust or otherwise,
by a debtor or debtors, and every judgment suffered by him
or them, and every act or device done or resorted to by
him or them, in contemplation of insolvency, or with a
design to prefer one or more creditors to the exclusion b
whole or in part of others, and every sale, conveyance,
transfer, mortgage or assignment made, or judgment suf-
fered by a debtor or debtors, or procured by him or them
to be made, in any manner, with intent to hinder, delay or
defraud creditors, shall be declared void as to creditors of
such debtor or debtors, at the suit of any creditor or cred-
itors, as hereinafter provided, and shall operate as an as-
signment and transfer of all the property and effects of
such debtor or debtors, and shall inure to the equal bene-
fit of all cffeditors of such debtor or debtors in proportion
to the amount of their respective demands, including those
which are unmatured. And every such sale, conveyance,
transfer, mortgage or assignment made, and every such
judgment suffered, and every such act or device done or
resorted to, by any debtor or debtors, in the event of a
deed of assignment being filed within ninety (90) days after
the giving or doing of such thing or act, shall be conclu-
sively deemed and held to be fraudulent, and shall be held
to be void as to the assignee of such debtor or debtors,
whereupon proof shown, such debtor or debtors was or
were actually insolvent at the time of the giving or doing
of such act or thing, whether he or they had knowledge of

291

such msolvency or not Provided, that nothing in this fj**';^^^^^* ?J*^^^
section oontamed shall vitiate or affect any mortgage made jpafuity treated
ill good faith to secure any debt or liability created simul- S^TSi^JelS"^^
taneously with such mortgage, if the same be filed for act.
record in the county wherein the property is situated, or
as otherwise provided by law, within three (3) days after
its execution, and where upon foreclosure or taking pos-
session of such property the mortgagee fully accounts for
the proceeds of such property.

Sec. 6344. Any creditor or creditors, as to whom any SrinR ScS'to
of the acts or things prohibited in the preceding section declare void the
are void, whether the claim of such creditor or creditors albtor,*"*''^^'^"^
bas matured or will thereafter mature, may commence an
action in a court of competent jurisdiction to have such
acts or things declared void, and such court shall appoint Appointment of
a trustee according to the provisions of this chapter, who wvlr^propS'ty,
upon being duly qualified shall proceed by due course of *'*^-
law to recover possession of all property so sold, conveyed,
transferred, mortgaged or assigned, and to administer the
same for the equsd benefit of aU creditors, as in other cases
of assignments to trustees for the benefit of creditors. And Awigrneeto

• ^1 ^v« ^ x* J • bring suit for

any assignee as to whom any thing or act mentioned in recovery, etc,
the preceding section shall be void, shall likewise com-
mence a suit in a court of competent jurisdiction to re-
cover possession of all property so sold, conveyed, trans-
ferred, mortgaged or assigned, and shall administer the
same for the equal benefit of all creditors as in other oases
of assignments to trustees for the benefit of creditors; pro- creditor may
vided, that where such assignee faik or declines, upon faulSe of m^"
notice by any creditor or creditors to institute such suit, signeetodoso.
SHch creditor or creditors may themselves institute such
suit within five days after serving notice upon such assignee
to commence such suit, and the procedure and administra-
tion shall be the same as is hereinbefore provided for suits
commenced by any creditor or creditors.

Section 2. That said original sections 6343 and 6344 J^^«^p*^»[*= ^«"
of the Revised Statutes be and the same are hereby re- ®*^' * ** *^ ^ •
pealed; and this Act shall take effect from and after No-
vember 1, 1898.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 26, 1898. 213G

corporations :

Commissioners
authorized to
levy tax for en-
couragement of
agricultural
fairs.

Payment in an-
ticipation of
levy.

292

[Senate Bill No. 242.]

• AN ACT

Supplementary to section 3702 of the Revised Statutes of Ohio for
the encouragement of agriculture.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following section be enacted as
supplementary to section 3702 of the Revised Statutes,
with sectional numbering as herein provided:

Sec. 3702ft. When a county has purchased, or leased
for a term of not less than twenty years, real estate as a
site whereon to hold fairs, or where the title to the grounds
is vested in fee in the county, but the agricultural society
has the control and management of the lands and buildings,
or when such lands and buildings are held by lease from
any such society by another society, association or incor-
porated company, the county commissioners are author-
ized for the purpose of encouraging agricultural fairs, to
annually levy a tax of not exceeding one-tentn of one mill
upon all the taxable property of the county, for the pur-
pose of raising not to exceed one thousand dollars in any
county, which sum shall be paid by the treasurer of the
county to the treasurer of agricultural society except in
case of such lease by sucb society when such sum shall
be paid to the treasurer of such lessee society, associa-
tion or incorporated company upon an order from the
county auditor duly issued therefor; and the county com-
missioners prior to the levy of any such tax, may, if they
think it for the interest of the county and society, pay out
of the county treasury any sum not exceeding . one thou-
sand dollars, as herein provided, out of any money in the
general fund not otherwise appropriated.

Section 2. This act shall take eflfect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 214G

[Senate Bill No. 244.]

AN ACT

To amend original section 269 of the Revised Statutes of Ohio
(69 V. 32, art, 4).

Section 1. Be it enacted by the General Assembly of
Superintendent fkc Statc of Ohio, That Original section 2G9 (69 v. 32, art.
~' "' 4) be amended to read as follows:

of insurance :

293

Sec. 269. The superintendent may appoint a deputy Deputy superin-
superintendent having the same qualifications, as the super- i^"ntmciu'?
intendent, whose appointment may be evidenced by a cer- °*^** ' ^"*^'
tificate under the official seal of the superintendent. Be-
fore entering upon the discharge of his duties, the deputy
superintendent shall take the oath of office, and give bond
in the sum of ten thousand dollars to the superintendent,
with two or more sureties tx) th«e acceptance of the superin-
tendent, conditioned for the faithful performance of his
official duties. In case of the absence or inability of the Powers and
superintendent, the deputy superintendent shall have the *'"^*"'
powers and perform the duties of the superintendent The compensation,
deputy superintendent shall receive a salary of eighteen
hundred dollars per annum, and in acldition, as compensa-
tion for his services for making out and forwarding annu-
ally, semi-annually, and quarterly, the interest checks and
coupons accniing upon the bonds and securities deposited
by foreign insurance companies, may annually charge and
collect from such foreign insurance companies fees not
exceeding twenty-five dollars on each one hundred thou-
sand dollars of bonds required to be deposited by such
companies. Provided, however, that the amount of such
fees so retained shall not exceed in any one year more than
six hundred dollars, the balance, if any, to be turned into
the state treasury. The superintendent may employ from Employment of
time to time such other clerks as the prompt* dispatch of ^Vts^*°****"
business requires; and he may also, from time to time,
employ skilled and competent persons to examine the busi-
ness and affairs of insurance companies and report thereon.

Section 2. That original section 269 is hereby re- Repeals, etc.
pealed, and this act shall take effect on and after its
passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 215G

[House Bill No. 256.]
AN ACT

To amend sections 5997 and 6023 of the Revised Statutes of Ohio,
relating to inventory and appraisement of decedents' estates.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 5997 and 6023 of the Re- Executors and
vised Statutes of Ohio be so amended as to read as follows: ^d^i^^i^^^tors:

Sec. 5997. If the executor is residuary legatee, he Different bond
may instead of the bond prescribed in the preceding sec- wh?n*e«cuS)r
tion, give a bond in a sum and with two or more sureties {J "?]2"*^^
to the satisfaction of the court with condition to pay all

■•.•■*H:

■ .■•|/,

■1'

' r '

Not rec^uired to
return inven-
tory unless di-
rected by court.

I^iabiliU' of ex-
ecutor for lega-
cies.

Inventory of ex-
ecutors, admin-
istrators and ad-
ministrators de
bonis non.

Repeals, etc.

294

the debts and legacies of the testator and to pay over said
estate to the persons entitled thereto, in case the will at
any time be set aside; in which case he shall not be re-
quired to return an invenitory, unless it shall be made to
appear to the satisfaction of the probate court that an in-
ventory should be made and returned, wherever it appears
that the probable value of said estate is less than |500.
The executor shall not be liable for legacies paid to lega-
tees other than himself, after twenty-four months from the
probating of the will, and before an action to set the same
aside has been commenced; the lega/tee, however, shall be
liable to repay the legacy and interest thereon if the will
be set aside.

Sec. 6023. Every executor, administrator and admin-
istrator de bonis non shall, within three months after his
appointment, make and return upon oath, into court, a
true inventory of all the goods, chattels, moneys, rights
and credits of the deceased, which are by law to be admin-
istered, and which shall have come to his possession or
knowledge; but if the probable value thereof be less than
$500, the court may direct the same to be omitted, pro-
vided that if his predecessors have so done, an administra-
tor de bonis non shall not be required to return and file
an inventory, unless in the opinion of the probate court,
the same is necessarv. The word "inventory" in this chap-
ter shall include an appraisement.

Section 2. This act shall take effect and be in force
from and after its passage, and eriginal sections 5997 and
6023 be and the same are herebv repealed.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 216G

[Senate Bill No. 246.]
AN ACT

-J

Appropriation
for Bdward
Pigg^ins.

To reimburse Edward Figgins for the loss of a canal boat in the
year 1863 by fire.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be, and hereby is, appropri-
ated out of any moneys to the credit of the general revenue
fund in the state treasury, not otherwise appropriated, the
sum of two hundred and twenty dollars, without interest,
in full liquidation of his claim to reimburse Edward Fig-
gins, of Nelsonville, Athens county, Ohio, for a canal boat
burned in 1863, at the time of Morgan's raid through
Ohio; said Morgan's men having burned said boat; said
boat having been engaged in the transportation of Union

295

soldiers on their way to Athens to join the Union army,
Morgan's men having burned the boat in order to prevent
its further use in this cause. The auditor of state is hereby
authorized and required, upon the taking eflfect of this
act, to draw his warrant upon the state treasurer, payable
to Edward Figgins, for the sum of money thus appro-
priated.

Section 2. This act shall take effect and be in force
from and atter its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 217G

Board of com-
missioners for
the promotk>ii dT
uniformity of
legislaUon in
the United
states ; appoint*
ment ; organixft-
tionj terms; ▼«•
cancies; remov-
als.

[Senate Bill No. 259.] '

AN ACT

To establish a board of commissioners in Ohio for the promotion of
uniformity of legislation in the United States.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the governor shall, within thirty
days after the passage of this act, appoint three suitable
persons, who are hereby constituted a board of commis-
sioners by the name and style of commissioners for the
promotion of uniformity of legislation in the United States.
The said commissioners shall meet and organise within
thirty days aiter the said board shall be appointed, and
shall hold office for a term not exceeding two years from
the day of such organization. Any vacancy in the office
of such commissioner by resignation, or otherwise, shall
be filled for the unexpired term of appointment by the ap-
pointment of a suitable person by the governor. The gov-
ernor may remove for cause any or all of said commis-
sioners.

Section 2. It shall be the duty of said board to ex-
amine the subjects of marriage and divorce, insolvency, the
form of notarial certificates, acknowledgement of deeds,
negotiable instruments, execution and probate of wills; to
confer upon these matters with the commissioners ap-
pointed for the same purpose by any other state or states;
to ascertain the best means to effect an assimilation and
uniformity in the laws of the states uix)n these subjects,
and especially to consider whether it would be wise and
practicable for the state of Ohio to join with any other
state or states of the union in extending an invitation to
other states to send representatives to a convention to
draft uniform laws to be submitted for adoption by the
several states.

Section 3. The said board of commissioners shall Reportofboar*.
keep a record of all its transactions, and shall, on or before

Duties of the
board.

296

Bspenses of
members.

Appropriation.

the thirty-first day of December, in the year eighteen hun-
dred and ninety-nine, and may at any other time, make a
report of its doings and of its advice and recommendations,
to the governor, to be transmitted to the legislature.

Section 4. No member of the board shall receive
any compensation for his services, but each member shall
be repaid from the treasury of the commonwealth the
amount of his actual traveling and other necessary ex-
penses incurred in the discharge of his official duty, after
the account for the same has been audited by said board,
and said board shall keep a full account of its expenditures.

Section 5. To carry out the provisions of this act, a
sum not exceeding one thousand dollars, may be expended,
which is hereby appropriated out of the general revenue
fund of the state, not otherwise appropriated, to be paid
to the chairman of the commissioners for the use of the
commissioners.

Section 6. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 218G

[House Bill No^ 259.]
AN ACT

Removal of child
from possession
of parent by offi-
cer of humane
society.

Notice to be
served upon per-
son havinjg: pos-
session of cnild
and upon
parents.

Order of probate
court makin|r
general agent of
society guardian
of chnd.

To confer certain powers upon officers and agents of humane

societies.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That whenever any officer or agent of a
society in this state, organized under title 2, chapter 13,
of the Revised Statutes, shall deem it for the best interest
of any child, either by reason of cruelty inflicted upon said
child or by reason of the surroundings of the child, that
said child be removed from the possession and control of
the parents or other person or persons having charge
thereof, said officer or agent may take possession of said
child summarily; and shall cause a notice to be personally
served upon the person having control or possession of
said child, and upon the parent or parents of said child,
it within the state, that the said society will apply to the
probate court of the county in which said society is situ-
ated, at a time and place named in such notice, for an or-
der as hereinafter set forth.

Section 2. At the time set forth in said notice, if it
shall appear to the satisfaction of the probate judge, that it
is for the best interest of said child that possession and
control thereof be taken from said parent or other person

297

having control or possession thereof, said probate judge

shall make an order conferring upon the general agent of

said society the powers of a guardian as to such child;

and, as such guardian, said general agent, may, with the ^^Vhome^fo?*^^

approval of the probate judge, provide a suitable home for child.

such child until said child reaches the age of majority or

until such time as the probate judge may be satisfied that

the parent or parents of said child are in a position to

properly provide and care for said child.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 219G

[Senate Bill No. 267.]

AN ACT

To authorize the issuing of refundinj^ bonds or certificates of indebt-
edness to pay certain equitable indebtedness and obligations of
villages in the state of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the council of any village of said
state are [is] hereby authorized and empowered to provide
by ordinance, three-fourths of the members elected thereto
concurring therein, for borrowing money and issuing
bonds, or certificates of indebtedness therefor, for the pur-
pose of paying for any improvements heretofore made by
said villages, acting under any law that may have been de-
clared unconstitutional subsequent to such improvement
having been made, or such obligation having been incurred
under such unconstitutional law; provided, such village
has received the benefit of such improvement.

Section 2. The bonds or certificates of indebtedness
herein provided for, whether they be bonds or certificates
of indebtedness, to bear interest not to exceed six per cent,
per annum, payable annually, and payable at such time or
times as the council may by ordinance determine.

Section 3. The amount so borrowed, and the in-
terest thereon, shall not exceed the amount of outstanding
bonds, obligations, or claims, so contracted under such un-
constitutional act The money so borrowed shall be placed
to the credit of the proper fund, and used only for the pur-
pose of redeeming any such indebtedness or obligations so
outstanding.

Section 4. The proceedings of any such council, act-
ing hereunder, shall be governed by chapter two (2), di-
vision nine (9), chapter [title] twelve (12), so far as the
same may be applicable.

Municipalities
authorized to
borrow money
and issue bonds
to pay for im-
provements con-
•structed or con-
tracted for under
unconstitu-
tional acts.

Interest, etc.

Money to be bor-
rowed limited to
amount of out-
standings bonds,
etc.

Proceedings of
council to DC
S:overned by
what laws.

.-^ ^^1

Repeals, etc. SECTION 5. All scctions OF paits of scctions of the

Revised Statutes of Ohio, in conflict herewith are hereby
repealed; this act shall be in force and take effect from
and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 220G

'''■^ g

[House Bill No. 272.]

AN ACT

To amend section 6923 of the Revised Statutes, as amended April

[28], 1890.

Section 1. Be it enacted by the General Assembly of
offeii.e8 against the State of Ohio, That section 6923 of the Revised Statutes

public health : , , , ' . - •„

be amended to read as follows

Unlawful dc-*
posit of dead
animals, offal,

Sec. 6923. Whosoever puts the carcass of any dead
animal, or the offal from any slaughter-house, or butcher's
fandStVa'ter^" establishment, packings-house, or fish-house, or any spoiled
meat, or spoiled fish, or any putrid substance, or the con-
tents of any privy vaults, upon or into any lake, river, bay,
creek, pond, canal, road, street, alley, lot, field, meadow,
public ground, market space or common, and whoever be-
ing the owner or occupant ot any such place, knowingly
permits any such thing to remain therein, to the annoy-
ance of any of the citizens of this state, neglects or refuses
to remove or abate the nuisance occasioned thereby, within
twenty-four hours after knowledge of the existence of such
nuisance upon any of the above described premises, owned
or occupied by him, or after notice thereof in writing, froii
any supervisor, constable, trustee, or health officer of any
municipal corporation or township in which such nuisance
exists, or' from a county commissioner of such county,
shall be fined not more than fifty dollars nor less than ten
dollars, and pay the cost of prosecution, and in default of
the payment of said fine and costs, be imprisoned not more
than thirty days, but the provisions hereinbefore made shall
not prohibit tiie depositing of the contents of privy vaults
and catch-basins into trenches or pits not less than three
(3) feet deep, excavated in any lot, field or meadow, the
owner thereof consenting, outside the limits of any
municipal corporation, and not less than thirty rods dis-
tant from any dwelling, well or spring of water, lake, bay
or pond, canal, run, creek, brook or stream of water, public
road or highway; provided, that said contents deposited in
said trenches or pits are immediately thereafter covered
with dry earth to the d^pth of at least twelve inches; nor
shall said provisions prohibit the depositing of said con-
tents into furrows situate and distinct, as specified for said

299

trenches or pits ; provided, the same are immediately there-
after wholly covered with dry earth by plowing or otherwise ;
and. provided, also, that the owner or occupant of the land
in which said furrows kre plowed consents, and is a party
thereto; provided, also, that the board of health of any
municipal corporation may allow said contents to be de-
posited within corporate limits into trenches or pits or
mrrows, situate, distant and to be covered as aforesaid.
Provided, further, that in cities of the second grade of the Depositor con-
second class having and maintaining a crematory, the con- tluits^in^cYtSs
tents of privy-vaults in said cities and towns shall be de- g^de oMhe^sec
posited at said crematory, and whoever shall haul away and ond class
deposit the contents of any such privy vault, in any such *y*°°^-
municipal corporation, at any other place than at such
crematory, shall be fined not more than fifty dollars nor
less than ten dollars, and pay the cost of prosecution, and
in default oPthe paijment of said fine and costs, be im-
prisoned not more than thirty days.

Section 2. That said section 6923, as amended April Repeals, etc.
28. 1890, be and the same is hereby repealed; and this act
jhall take effect and be in force from and after its passage.

HARRY C MASON,
Speaker of the Himse of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 221G

[Senate Bill No. 288.]

AN ACT

Tq amend section 5298 of the Revised Statutes, as amended March
22, 1892 (O. L., 89 v., p. 124).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 5298 of the Revised Statutes
of Ohio, as amended March 22, 1892 (O. L.. 89 v., page
124), be amended so as to read as follows :

Sec. 5298. The party objecting to the decision must
except at the time the decision is made, and time may be
given to reduce the exception to writing, but not more than
fifty days beyond the date of the overruling of the motion
for a new trial, or from the adjournment of the term at
which such decision was rendered by the court when a
motion for a new trial is not necessary, and a general ex- General excep-
ception taken to any charge of any court to a jury shall
apply to any and all errors of law which may exist in such
charge that are material and prejudicial to the substantial
rights of the party excepting.

Section 2. Said section 5298, as amended March 22, Repeals.
2, is hereby repealed.

Exceptions :

When excep-
tions must be
taken and re-
duced to writings

tion to change of
court: to what
it shall apply.

300

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
. ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 222G

Canal commis-
sioners; ap-
pointment.

Powers and
duties of com-
missioners.

[Senate Bill No. 311.]

AN ACT

Supplementary to an act entitled "An act to prqvide for a commis-
sion to establish the boundaries and lines of the canals, canal
basins, reservoirs, etc., of the state by an accurate survey by
metes and bounds, together with maps and plats of the same,
and to define and protect the ownership and titles of the state
in and to all lands belonging to and connected with said canals."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the term of office of the commission
appointed by the authority of an act entitled *'An act sup-
plementary to an act entitled *An act to provide for a com-
mission to establish the boundaries and lines of the canals,
canal basins, reservoirs, etc., of the state by an accurate
survey by metes and bounds, together with maps and plats
of the same, and to define and protect the ownership and
titles of the state in and to all lands belonging to and con-
nected with said canals,' " passed March 30, 1896, having
expired by limitation, and the work assigned to said com-
mission not having been completed, the governor is hereby
authorized to appoint by and with the advice and consent
of the senate, two canal commissioners, who shall complete,
in the manner therein provided, the work prescribed in the
act entitled "An act to provide for a commission to estab-
lish the boundaries and lines of canals, canal basins, reser-
voirs, etc., of the state by an accurate survey by metes and
bounds, together with maps and plats of the same, and to
define and protect the ownership and titles of the state in
and to all lands belonging to and connected with said
canals," passed March 28, 1888 (O. L., vol. 85, page 127),
and the act amendatory thereof, passed April 12, 1889 (0.
L., vol. 86, page 270), and the act supplementary thereto (to
which this act is supplementary), passed April 18, 1890 (0.
L., vol. 87, page 219), and the act amendatory of the act
of April 12, 1889, above named, passed May 1, 1891 (0.
L., vol. 88, page 507), and the act enlarging the duties of
the canal commission, passed April 23, 1891 (O.. L., vol.
88, page '^38), and any other act amendatory of or supple-
mentary to the above named acts, and for such purposes
the canal commissioners created by this act shall exercise
the powers and perform the duties conferred and imposed
upon the canal commission, or any member thereof, by
the above named acts, or either of them, or by any exist-

301

ing law. The term of office of such canal commissioners Terms; racan-
shall be two years, unless sooner removed by the governor,
who is authorized to fill any vacancy occurring in the of-
fice. The s^id canal commissioners, after appointment, ^",Jf'^tt<in
shall each take an oath of office and give bond in the sum eSpJJSL"?
of ten thousand dollars,- conditional for the faithful dis-
charge of his duties, and shall each receive the sum of fif-
teen hundred dollars per annum and necessary expenses
in the prosecution of his duties, to be paid as the com-
pensation and expenses of the canal commission, of which
such canal commissioners will be the successors, as now
required by law to be paid.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 223G

[Senate Bill No. 321.]
AN ACT

To amend section 1512 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 1512 of the Revised Statutes officers of civil
of Ohio be amended so as to read as follows: townships:

Sec. 1512. No money belongyig to the township shall mo]Je^**^"d*ogt
be paid out by the treasurer, except upon an order signed "°"*^ ^*
personally by at least two of the township trustees and
countersigned personally by the township clerk; and at Delivery of
ihc expiration of his term of office, or on his resignation ^^rsa^thcr
or removal from office, the treasurer shall deliver to his frw^^'r^r^o suc-
successor all moneys, books, papers and other property in cesser,
his possession as treasurer; and in case of his death or
incapacity his legal representative shall deliver over the
same as aforesaid.

Section 2. That said section 1512 of the Revised Repeals, etc.
Statutes be and the same is hereby repealed, and this act
shall take effect and be in force from and [after] its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 224G

^ V

302

Municipal code
■commiftsion ; ap-
pointment of
members.

•Official designa-
tion ; vacancies.

Duty of commis-
sion.

Bill to be pre-
pared for pre-
sentation to
general as-
sembly; report
to governor.

JV.ppropriation .

[House Bill No. 330.]
AN ACT

To authorize the governor to appoint a commission to revise the
municipal code of the state, ana making appropriations therefor.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the governor of the state is hereby
authorized to appoint two persons, not more than one of
whoip shall be of the same political party, skilled in the
law to revise the laws relating to the organization of cities
and villages in this state.

Section 2. . The persons so appointed shall compose
a commission to be known as the municipal code commis-
sion, and any vacancy occurring therein shall be filled by
appointment by the governor. •

Section 3. Such commission shall prepare a bill for
the organization for cities and villages in Ohio, which plan
of organization shall be uniform in its operation through-
out the state, and in which there shall be a separation of
legislative and executive powers of the officers of municipal
corporations.

Section 4. The commission shall prepare such bill
in form to be acted upon, and adopted by the general as-
sembly, and shall also prepare an explanation and analysis
thereof, which, together with the bill, shall be reported to
the governor prior to the assembling of the next general
assembly, and the same shall be by the governor submitted
to the general assembly for its action thereon, with such
recommendations as he may deem proper.

Section 5. There is hereby appropriated out of any
funds in the treasury of* the state, not otherwise appropri-
ated, the sum of fifteen thousand dollars to defray the cost
of the work herein contemplated, to be drawn on the war-
rant of the auditor of the state, payable to such persons, in
such amounts and at such times as the governor may ap-
prove and order.

Section 6. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 225G

303

[Senate Bill No. 333.]

AN ACT

To amend section 3490 of the Revised Statntes of the state of Ohio,
as amended March 12, 1886 (O. L., vol. 83, page 30).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3490 of the Revised Statutes J^J°p^*^* *"^.
of Ohio, as amended March 12, 1886 (O. L., vol. 83, page Sic?"* co«npa-
30), be amended so as to read as follows :

Sec. 3490. All persons driving carriages or vehicles Penait;^ for ob-

, . . ,. '^ 'J* 1 ? 1 !_• 1 strucling: travel

of any descnption or ndmg horse back or on bicycles on on roads,
any public turnpike, road or highway of this state shall, on
nieeting carriages, or vehicles of any description or per-
sons riding on horseback or on bicycles, keep to the right
so as to leave half of the road free, and if any person pur-
posely and wilfully neglects or refuses to comply with the
provisions of this section, or in any other manner hinder
wilfully or purposely obstruct any person in the free pass-
age of any such road or highway he shall, on conviction
thereof, before any justice of the peace or other court hav-
ing jurisdiction, for every such offense, be fined in any sum
not less than five dollars nor more than twenty-five dollars,
for the use of the common schools of the county in which
the prosecution is had.

Section 2. Said section 3490, as amended March 12, Repcau.ctc.
1886 (O. L., vol. 83, page 30), is hereby repealed, and this
act shall take effect and be in force from and after its
passage.

HARRY C. MASON,
Speaker of the Htmse of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 2«, 1898. 226G

[Senate Bill No. 334.]

AN ACT

For the further and better protection of fish and game.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 6968 — 1, 6968 — 2, section offenses agrainst
696^3, section 6968—4, as passed April 27, 1896, be P"bHcpoi,cy:
amended so as to read as follows :

Sec. 6968 — 1. No person shall draw, set, place, locate use of nets or
or maintain any pound-nets, seine, gill-nets, trap or fish- uedin wau^
net whatever in any of the waters of the state, except in ccpt*LakVEn>,
the waters of Lake Erie, in the waters of Sandusky bay as its bays. etc.
far up as the east end of Eagle island ; in the waters of
Maumee bay as far up as Maumee bridge ; in the waters
oi Portage bay as far up as Oak Harbor bridge, and further

304

Time within
which nets or
seines not per-
mitted to be
used.

Distance from
shore of main-
land.

Distance from
island.

Channel or
• passage.

Use of gill-net.

Use of reefs
prohibited.

Pier, break-
water, embank-
ment, dam,
bridge, bay or
river.

Semi-annual
statements of
person or firm
using nets.

I^icense for net
fishing; from
whom obtained ;
fees.

excepting in the waters of any other bay or estuary bor-
dering on or flowing into Lake Erie; nor catch fish in that
portion of the waters of Ten Mile creek lying within the
state of Ohio with any device whatever, except with hook
and line with bait or lure. No person shall dfaw, set,
place, locate or maintain any pound-net, seine, g^U-net, trap
or fish-net whatever, in the waters of Lake Erie, between
the first day of January and the first day of March, nor in
Sandusky bay as far up as the east end of Eagle island,
nor in Maumee bay as far up as Maumee bridge, nor in
Portage bay as far up as Oak Harbor bridge, nor in any
other bay or estuary bordering on or flowing into Lake
Erie, between the fifteenth day of May and the fifteenth day
of September, and between the first day of January and the
first day of March. No person shall set, place, locate or
maintain any pound or trap-net in Lake Erie at a greater
distance than eight miles from shore or mainland. No
person shall set, place, locate or maintain any pound or
trap-nets in such waters at a greater distance than four
miles from the shore of any island; provided, however,
that no person shall set, place, locate or maintain any fish-
nets in any channel or passage lying between any island
and any other island, or island and the mainland, a greater
distance from the shore of such island or mainland than
onie-fourth of the distance across such channel or passage
l)ring between any islands, or between any island and the
mainland, at a place where such nets crossing such channel
or passage are located. No person shall set, place, locate
or maintain any gill-net, or catch fish with a gill-net» in
any waters of Lake Erie except where the water is thirty-
six feet deep or over. No person shall set, place, locate
or maintain any fish-nets on any of the reefs of ^Lake Erie.
No person shall set, place, locate or maintiain any nets
whatever within a radius of one-half mile from any pier or
breakwater built and maintained by the United States gov-
ernment, at the mouth of any river or creek flowing into
Lake Erie, nor within one-half mile of any embankment,
dam or bridge in any bay or river connected with or flow-
ing into Lake Erie, nor more than one-fourth the distance
across any bay or river whose waters flow into Lake Erie.
Each and every person or firm engaged in catching fish
with nets in waters mentioned in this section snail, on the
thirtieth day of June and the thirty-first day of December
of each year, file a certified statement with the commis-
sioners of fish and game, showing the varieties or species of
fish caught, and the amount in weight of each kind of
species so caught or taken, and such statement shall show
the number and kinds of nets used, the number of vessels
used and the number of men employed during the preced-
ing six months or half-year.

Sec. 6968 — 2. No person, firm or corporation shall
engage in the catching of fish for profit with nets in the
waters of Lake Erie and the estuaries and bays thereof

306

within this state, without complying^ with the provisions of
this section. Every such person, firm, or corporation de-
siring to engage in fishing as above mentioned, shall make
application to the commissioners of fish and game and
obtain a license or authority so to do; and ^or such license
or authority shall pay the following fee: For each tug-
boat or boats propelled by steam engaged in fishing with
gill-net, the sum of forty dollars; for each sail boat en-
gaged in fishing with gill-nets, the sum of five dollars; for
each pound-net, fyke-net, or trap-n,et used in fishing, the
sum of three dollars; for all other nets, or seines used in
fishing, except gill-nets fished from boats which have been
licensed as hereinabove provided, the sum of two dollars
each. For the purposes of this section, a pound-net is Definition of
defined to be a net having orte lead; a set of hearts, one ^**" '^^^'
tunnel, and one pot or crib. ; ' Each tug, steam, or sail boat ^*^*J^* ^° ^
licensed as above required* shall, during the time it is be- ^*
ing used in fishing, have^posted .tip in some conspicuous
place on such boat, the lijfense grapted hereunder. In the JJ|{*\,^^» \ ^
case of nets, the said fish and gju(ne commissioners shall Sonets. * ^ **^
fvmish the owner, for, each net licensed, a metal tag or seal,
^hich shall be securely fastetied upon the net in such
manner as said commissioners shall direct; and it shall
not at any time be removed therefrom. The license granted ^**^fjy* covers

1 « •• <i«« • ««4 .'It period Of one

under the provisions of this section shall entitle the owner year.
of the boat or net so licensed, to engage in fishing with
the same for a period of one year from the date of issuing
such license. All fees required to be paid hereunder shall ^^*p°®*^*°" °^
be paid to the president of the commissioners of fish and
game, and by him paid into the state treasury to the credit
of a fund, which is hereby appropriated, for the purpose
01 propagating, protecting and preserving the fish in the
waters of Lake Erie; which fund shall be paid out upon
the warrant of the auditor of state issued upon requisition
signed by the president and secretary of the commissioners
oi fish and game. Any net, or any other means or device Destruction of
whatever for taking or capturing fish, or whereby they Ssed"°^*^ ""^
niay be taken or captureid, located, set, put, floated, had,
found or maintained, in or upon any of the waters or
streams of this state, or upon any boat engaged in fishing
iij any waters of this state, in violation of any law enacted
for the protection of fish, is hereby declared to be, and is,
a public nuisance, and may be abated and summarily de-
stroyed by any person. And it shall be the duty of every i>"ty of game
game warden, deputy game warden, sheriff, constable, or other''office°r8
other police officer, to seize and remove, and forthwith Thereto!*^'''
destroy the same; and no action for damages shall lie or
l>e maintained against any person for or on account of
any such seizure or destruction. And it shall be the duty
of every such officer to seize any boat found fishing in vio-
lation of the law, and the same shall be liable for any fines
assessed against any person or persons found fishing in an

306

Prosecutions ;
compensation
of prosecuting
attorney.

Possession of
specialized fish
under prc-
scribea length
unless caught
with hook and
line, prohibited.

Release of un-
dersized.

What not
deemed viola-
tion.

Purchase, sale
or possession.

Penalty.

Disposition of
fines.

Channels and
passages.

*• Person " and
*' possession "
defined.

tuilawful manner upon any such boat. It is hereby made
the duty of all game wardens and deputy game wardens of
this state, to prosecute all violations of the law relating to
fish and game, in connection with the prosecuting attorney
of the county wherein such offense shall have been com-
mitted, or the attorney-general, and for his services such
prosecuting attorney shall be entitled to receive twenty per
cent, of all fines assessed and collected upon any prosecu-
tion conducted by him.

Sec. 6968 — 3. No person shall have in his possession
fish caught in the waters mentioned in section 6968 — 1 of
tliis act of a less length than the following unless caught
with a hook or line: Sauger and blue pike, eleven inches;
pickerel, fourteen inches; black bass, fourteen inches; grass
pike, twenty inches; white fish, fifteen inches; herring, ten
inches; cat fish, fifteen inches; perch, eight inches, and
sturgeon, four feet. And all fish caught of a length less
than herein prescribed for the respective species or kind
shall be released alive immediately while the nets are being
lifted, or taken up, in such a manner as not to injure the fish
so released. Provided, however ,«-that the releasing of such
undersized fish shall apply only to the varieties of fish here-
in mentioned, and having in possession, or failing to return
to the water alive as* herein provided by the catcher, a
quantity of such undersized fish not exceeding in weight
three per cent of each boat load, or part of a boat load,
lot, catch or haul, brought into port, of each variety of fish,
the length of which is herein prescribed, shall not be deemed
a violation of this act. No person shall buy, sell or offer
for sale or have in his possession any fish caught out of
season or in a manner prohibited. Any person violating
any of the provisions of this section, or any provisions of
sections 6968—1 or 6968—2, Revised Statutes, shall be
guilty of a misdemeanor, and upon conviction, shall be
fined not* less than twenty-five dollars nor more than one
hundred dollars, for the first offense, and not less than fifty
dollars nor more than one hundred dollars for each subse-
quent offense, and in case of failure or refusal to pay said
fine and costs, to be imprisoned in the county jail or work-
house until said fine and costs are paid; and all fines col-
lected under this act shall go to the county fish and gsnae
fund in the county wherein the offense was committed,
unless otherwise directed and ordered by the fish and game
commissioners of this state.

Sec. 6968 — 4. (Constructions and exceptions.)

1. Channels and passages shall be considered those
waters lying between islands, and an island and mainland,
where the waters of the lake are narrow, or obstructed in
consequence of the location of the island therein.

2. The word "person" as used in this, act shall in-
clude all individuals, firms, joint stock companies, corpo-
rations and all combinations thereof, and the word "pos-

307

session" shall include toth actual and constructive pos-
session.

3. Measurements of fish shall be made from end of Measurements,
nose to center fork of tail.

4. Nothing in this nor any other act shall prevent the hJ{cfieric»^*°*^'
taking of minnows for bait with seines six feet or less in

length, or shall prevent the fish and game commissioners
of this state, or their agent or persons authorized by them,
from taking fish at any time, or at any place, in any man-
ner, for the purpose of stocking ponds, lakes and rivers
and for the maintenance and cultivation of fish in hatch-
series. And nothing in this act shall apply to artificial fish
ponds, or the catching or taking of German carp, in any
of the bays, marshes, estuaries or inlets bordering upon,
flowing into or in any way connected with Lake Erie, which
may be caught, or taken at any time, or in any manner,
provided written permission be first given for the catching
or taking thereof by the state fish and game commission.

Artificial fish
ponds; Gennaa
carp.

Evidence of
guilt.

Rock or land
not considered
island.

Reef.

5. The finding of any nets, fishing devices or other
articles set or maintained in violation of any law shall be
prima facie evidence of the guilt of the person or persons
owning or operating the same.

6. No rock or land elevated above the surface of the
water of Lake Erie having an area of less than five acres
above water shall be considered an island for the purpose
of this act.

7. For the purpose of this act a reef shall be under-
stood to mean the bed of the lake where the water is twenty
feet or less in depth, whether it be along the shore of the
mainland, the shore of an island or the bed of the lake in
any place, and where in each case the same is composed of
rock, either broken or in place, or of gravel.

Section 2. That any provision of law inconsistent or
conflicting therewith is hereby declared void as to such in-
consistency, but not otherwise.

Section 3. Section 6968 — 1, section 6968 — 2, section Repeals.
6968—3 and section 6968 — 4, as passed April 27, 1896, be
and the same is [are] hereby repealed.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 26, 1898. 227G

Repeal of in-
consistent pro-
visions.

308

Applicants for
admission to bar
exempt from
certain rule of
supreme court.

[House Bill No. 339.]

AN ACT

Providing that the rule of the supreme court of Ohio making edu-
cational requirements for admission to the bar shall not apply
to certain persons.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That no rule of the supreme court of this
state requiring an applicant for admission to the bar of
this state to have received any diploma of graduation, or
any certificate granted by a board of school examiners, as
a condition precedent, or as a qualification for admission
to the bar, shall affect or apply to any person, who has
regularly and attentively studied law during the period of
three (3) vears prior to the passage of this act, either un-
der the tuition of some practicing attorney, or in regular
attendance at some law school, or for a part of such period
under such tuition, and for the rest of it in attendance at
law school.

Section 2. This act shall take effect and be in force
from and -after its passage,

. HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 228G

Copies of state
reports, etc., to
be furnished to
library com-
missioners by
Sttperi'isor of
puDlic printing.

Reports printed
under direction
of other officers.

[Senate Bill No. 341.]

AN ACT

Providing for the distribution of state publications through the

state library.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the supervisor of public printing is
hereby authorized and directed to deliver to the board of
library commissioners any number of copies, not exceed-
ing two hundred, of every report ordered printed by the
. governor or the general assembly, and of all bulletins,
pamphlets and other documents that may be printed by or
for any department, board or officer. These copies are to
be printed in addition to those provided by law for the
departments themselves or for the general assembly, ex-
cept that the two hundred copies of the laws, senate jour-
nal, house journal and executive documents shall be taken
from the number now printed.

Section 2. When any printing is done, wholly or in
part by the state, under direction of an officer or officers
other than the supervisor of public printing, a number of
copies, not exceeding two hundred, of each report, pam-
phlet, bulletin or other publication so printed, shall be deliv-

30».

ered to the board of library commissioners by the officer
under whose direction the printing is done.

Section 3. When fewer than two hundred copies of
the publications named in sections one and two of this act
are desired, the board of library commissioners shall notify
the supervisor of public printing or other proper officer who
shall deliver the number required;; .

Section 4. Any reports or other publications remain-
ing undistributed in the custody of the secretary of state
one year after publication, shall be subject to requisition by
the board of library commissioners, to be distributed in
accordance with sections 350 and 351 of the Revised Stat-
utes, as amended April 22, 1896 (O. L., 92 v., 291).

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 229G

When bdard to
notify super-
visor of number
required.

Publications
subject to requi-
siou of board.

[House Bill No. 346.]

AN ACT

To amend sections 6390 as amended May 1, 1885 (O. h.^ 82, page 202),
and 6391 as amended April 5, 1889 (O. L., 86, page 208), of the
Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 6390, as amended May 1,
1885 (O. L., 82, page 202), and 6391, as amended April 5,
1889 (O. L., 86, page 208), of the Revised Statutes of Ohio,
be amended so as to read as follows:

Sec. 6390. Every person applying for a marriage
license as aforesaid, shall state upon oath, the name, age,
residence, place of birth, occul)ation, father's name, if
known, and the mother's maiden name, of each of the
parties to such contemplated marriage, and shall also state
the number of times either party has been previously mar-
ried, and in case the bride is a widow, or a divorced woman,
her married name shall also be stated, and in addition the
name of the person who is expected to solemnize the mar-
riage shall be stated, and if the judge shall be satisfied there
is no leg^l impediment thereto, then he shall grant such
marriage license; which said license shall have printed
upon it in prominent type the fact that unless the person
solemnizing the marriage return a certificate thereof to the
probate court within thirty days after performing the cere-
mony he is guilty of a misdemeanor and on conviction
thereof may be punished by a fine of fifty (50) dollars. An
envelope suitable for returning the certificate of marriage

Marriages :

Statement under
oath required of
applicant for
license.

Notice to be

f»rinted on
icense stating'
penalty for neg-
lect to return
certificate show-
ing ceremony
has been per-
formed.

310

Consent of par-
ents of minors.

How consent of
non-resident or
Absent fisrent
or guardian
obtained.

Pee of judge.

Penalty for im-
proper perform-
ance of duty.

Where probate
Judge is the ap-
plicant.

Certificate of
marriage to be
transmitted to
probate judge
and recorded.

Penalty.

Repeals; when
act takes effect.

and arldressed to the proper probate court shall be pven
with each license; and if any of the persons intending to
marry shall be under age, and shall not have had a former
wife or husband, the consent of the parents or guardian
shall be personally given before the judge, or certified un-
der the hand of such parent or guardian by two witnesses,
one of whom shall appear before said judge and make oath
that he saw the parent or guardian, whose name is annexed
tc such certificte, subscribe, or heard him or her acknowl-
edge the same; but if the parent or guardian of such minor,
is a non-resident of, or absent from the county in which
license must issue, he may personally appear before the
judg^ of a court of record, in the county in which he is at
the time domiciled, and give his consent, in writing, to such
marriage; which consent must be attested by two witnesses,
and certified to by said jud^e and forwarded to the probate
judge of the county in which license must issue; and the
judge is hereby authorized to administer any oath [herein]
required, and thereupon issue and sign such license, and
affix thereto the seal of the court; the judge shall be en-
titled to receive as his fee for administering the oath and
granting license, with the seal affixed thereto, recording
the certificate of marriage, and filing the necessary pj4)ers,
the sum of seventy-five cents; and if any judge shall, in
any other manner, issue or sign any marriage license, he
shall forfeit and pay a sum not exceeding one thousand dol-
lars, to and for the use of the party aggrieved. Provided,
that should the person then qualified and acting as probate
judge, be himself the party applying, he shall make the
application to the judge of the court of common pleas,
within and for the same county, and if there be no legal
impediment thereto, said common pleas judge shall grant
said probate judge a marriage license, and shall thereupon
certify said application, and his action thereto, to the pro-
bate court of said county, for record, as in other cases.

*
Sec. 6391. A certificate of every marriage hereafter
solemnized, whether authorized by publication of bans in
the congregation, or by libense issued by the probate judge
shall forthwith be transmitted to the probate judge in the
county where the marriage license was issued, or the con-
gregation wherein said bans were published is situated, or
where the marriage was celebrated. All such certificates of
marriage filed with the probate judge, shall be numbered
consecutively and be recorded in the order in which the
same are received. Every justice, mayor, or minister, or
clerk of the monthly meeting, failing to transmit such cer-
tificate to the probate judge, within thirty days after the
solemnization of the marriage, shall be deemed guilty of
a misdemeanor and on conviction thereof shall be fined
in a sum not exceeding fifty (50) dollars.

Section 2. That said sections 6390, as amended May
1, 1885.(0. L., 82, page 202), and 6391, as amended April
5, 1889 (O. L., 86, page 208), be and the same are hereby

311

repealed; and this act shall take effect and be in force
from and after January 1, 1899.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 230G

[Senate Bill No. 392.]

AN ACT

To amend and reenact section 752 of the Revised Statutes of Ohio,
as amended February 23, 1886 (O* L., vol. 83, page 6).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 752 of the Revised Statutes Boys- industrial
of Ohio be amended so as to read as follows: school:

Sec 752. The boys' industrial school, situate in Fair- committal to
field county, has for its object, the reformation of those **'.^^^^"**°"'
committed to its charge; and all youth committed thereto
shall be committed until they arrive at full age, unless
sooner reformed.

Section 2. That said section 752 of the Revised Stat- Repeals,
utes of Ohio be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 231G

[House Bill No. 360.]

AN ACT

For the relief of the widow and minor children of Thomas B. Hunt,
killed at the state institution for feeble-minded youth.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of the state is hereby Appropriation
authorized to issue his warrant on the treasury to pay to Sln^^l- children
Maggie Hunt, widow of Thomas B. Hunt, deceased, and hJ^^^"^®"
to any lawful guardian of Harry Hunt, John C. Hunt, Win-
ifred Hunt, Thomas K Hunt, Julia D. Hunt and Mary D.
Hunt, minor children of Thomas B. Hunt, deceased, the
sum of fifteen hundred dollars out of any money in the
treasury to the credit of the general revenue fund not other-
'WTse appropriated, which sum shall be in full liquidation
And pa3anent to said widow and minor children for the

312

How appropria-
tion to be appor-
tioned.

death of Thomas B. Hunt, caused by a gas explosion while
said deceased was engaged in the employment of the state
of Ohio, at the state institution for feeble-minded youth.

Skgtion 2. The probate judge of Franklin county,
Ohio, is authorized to apportion the amount paid among
such beneficiaries in such manner as he may deem fair and
equitable, provided the same shall not exceed twenty-five
dollars per month, until the same is fully paid.

Section. 3. Tliis act shall take effect on and after its
passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Setiaie.
Passed April 26, 1898. 232G

Baumeration :

Yearly enumera-
tion of school

youth.

Repeals.

[Senate Bill No. 367.]

AN ACT

To amend section 4030 (as amended 87, 0. L., page 80), of the Revised
Statutes of Ohio, pertaining to yearly enumeration of school
youth.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4030 (as amended 87 O. L.,.
page 80), be amended so as to read as follows:

Sec. 4030. There shall be taken in each district, an-
nually, during the two week^ ending on the fourth Satur-
day of May, an enumeration of all unmarried youth, noting
sex, between six and twenty-one years of age, resident
within the district, and not temporarily there, designating
also the niunber between six and eight years of age, the
number between eight and fourteen years of age, the num-
ber between fourteen and sixteen years of age, the number
between sixteen and twenty-one years of age, and the num-
ber residing in the western reserve, the Virginia military
district, the United States military district, and in any orig-
inal surveyed township or fractional township to which be-
longs section sixteen, or other land in lieu thereof, or any
other lands for the use of public schools, or any interest in
the proceeds of such lands.

Section 2. Section 4030 (as amended 87 O. L., page
80), be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate^
Passed April 25, 1898. 233G

313

[Senate Bill No. 369.]

AN ACT

To prevent the adulteration and injury of materials used in the
manufacture of crockeryware.

Section 1. Be it enacted by the General Assembly of
ike State of Ohio, That whoever purposely and maliciously
puts or causes to be put into or upon any flint, spar, clay,
glaze, or other ingredient, or composition of ingredients,
used in the manufacture of earthenware, c. c. granite, por-
celain, china, or any other kind of potteryware any cobalt,
soap, salt, sand, earth, or other material which will tend to
adulterate or injure any such flint, spar, clay, glaze or other
ingredient or composition of ingredients used in the manu-
facture of earthenware, c. c. granite, porcelain, china or any
other kind of potteryware not herein named, shall be im-
prisoned in the penitentiary not more than seven years and
not less than one year.

Section 2. This act shall take effect and be in force
fiom and after its passage.

harrV c. mason,

Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. . 234G

Penalty for
adulteration of
materials used
in the manufac-
ture of crockery-
ware.

[Senate Bill No. 360.]

AN ACT

For the relief of the widow and family of Charles H. Bryant, late of
company H, second regiment, infantry, Ohio national guard,
who died from disease contracted at the encampment of his
regiment at Cleveland, Ohio, August, 1896.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of the state of Ohio be
and is hereby authorized to issue his' warrant on the state
treasury to pay the widow of Charles H. Bryant, deceased,
late a member of company H, second regiment, infantry,
Ohio national guard, for the sum of one thousand dollars
out of any money in the state treasury to the credit of the
general revenue fund not otherwise appropriated. Which
sura shall be in full liquidation and payment to the widow
of said Charles H. Bryant, and to the members of his imme-
diate family, for loss sustained by them in his sickness, loss
of time and death from disease contracted by him while in
the line of duty as a member of the aforesaid company and
regiment, while being encamped at Camp Moses Cleveland,
Cuyahoga county, Ohio, in August, A. D. 1896.

Warrant in favor
of widow of
Charles H.
Brj'ant.

314

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 235G

Circuit court :

Transfer of dis-
qualified judge
tor judee of
other circuit.

[Senate Bill No. 387.]

AN ACT

To amend sections 453 and 454 of the Revised Statutes of Ohio, as
amended May 8, 1894, and February 7, 1886, respectively.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 453 of the Revised Statutes
of Ohio, as amended May 8, 1894, and section 454 of the
Revised Statutes of Ohio, as amended February 7, 1885,
be so amended as to read as follows:

Sec. 453. When a judge of the circuit court is inter-
ested in any cause or matter pending in the circuit court
of any county of his circuit, or is related to or has a bias
or a prejudice for or against either or any party to such
cause, or has a bias or prejudice for or against any attorney
of record of any party to such cause, or has sat in the lower
court in the same cause or matter, or is otherwise disquali-
fied to sit in such cause or matter, on request made by such
judge to, the chief justice he shall be transferred for the
time being by the chief justice of the circuit court to an-
other circuit in exchange for a judge of the circuit court
who is qualified to sit in the trial or hearing of such cause
or matter, or on the filing of an affidavit of either or any
party to such cause or matter, or of his or her counsel set-
ting forth the fact of such interest, bias, prejudice, or dis-
quahfication, the clerk of the court wherein such cause is
pending shall forthwith enter the fact of the filing of such
affidavit in said cause on the trial docket of said court, and
forthwith notify the chief justice of the circuit court, or
if he be disqualified, as aforesaid, or be absent from the
state or disabled in any manner, a judge of some other
circuit who is qualified, who shall thereupon, forthwith,
make an order transferring, for the time being, the judge
named in such affidavit to another circuit in exchange for
a judge of the circuit court of such other circuit, who is
qualified to ,sit in the trial or hearing of such cause or mat-
ter, and designate and appoint said judge from such other
circuit to take the place of the judge disqualified, as afore-
said, in the hearing of any such cause or matter where the
same is pending: and the order therefor shall be entered
upon the journal of said court, and the judge so desig-
nated to take the place of said judge disqualified, as afore-
said, shall proceed to perform the duties so assigned to him ;

315

judge or judg;e8
to other circuits.

Expenses of
judge so as-
signed.

and said judge so disqualified, as aforesaid, shall not sit in
the trial or hearing of said cause or matter. And upon Assignment of
request made by the presiding judge of any circuit to the
chief justice to assign a judge, or judges of the circuit court
to hold court with the judge of judges of such circuit, or to
assign judges \o hold an additional court in such circuit,
such chief justice shall, upon being satisfied that the busi-
ness of such circuit requires it, assign such judge or judges
of the circuit court, as in his opinion can be so assigned
without impairing the business of the circuit of which he
is a resident, to hold court, in such circuit, and any judge
so assigned, excepting in cases of transfers in exchange,
shall be paid five dollars a day for expenses for every day
he shall perform such judicial duties, including the time
necessarily devoted to the examination and decision of
cases heard by him in such circuit, out of the state treasury
upon warrant of the auditor of state to be issued upon cer-
tificate of such chief justice.

Sec. 454. Process issuing out of the circuit court shall
be directed to the sheriff or other proper officer of the
county where the same is to be executed, who shall serve
and return the same according to the command thereof;
and he shall receive the same fees therefor as such officers
are entitled to receive for like services in the common pleas
court. It shall be his duty to attend upon the circuit court
during its term in his county, and the county commis-
sioners must provide a room for the holding of the circuit
court and a consultation room for the judges and cause
said rooms to be properly furnished, heated, ventilated,
lighted and kept clean and in good order, and provide such
other conveniences as the court may deem necessary; and.
upon the wiitten requisition of the court the clerk of the
court shall provide the court with all necessary stationery
and furnish for the use of the court reports of the decisions
of the courts of this state and the latest edition of the Re-
vised Statutes and annotated codes, which books shall be
the property of the county, and the expenses so incurred by
the clerk shall be paid out of the county treasury on the
warrant of the county auditor, and the performance of the
foregoing duties by the sheriff, clerk and commissioners
respectively, may be enforced by the court.

Section 2. That section 453 of the Revised Statutes
of Ohio, as amended May 8, 1894, and section 454 of the
Revised Statutes of Ohio, as amended February 7, 1885,
be and the same are hereby repealed, and this act shall
take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES, •
President of the Senate.
Passed April 25, 1898. 236G

Process from
circuit court; to
whom directed ;
and how served
fc«s for service.

County commis-
sioners to pro-
vide room for
holding of cir-
cuit court, etc.

Clerk of court to
furnish court
with stationery,
reports and stat-
utes.

Expenses to be
paid by county.

Repeals, etc.

Money raised
for county agri-
cultural socie-
ties to be api>lie<l
to purposes in-
tended by act
though life of
act expired.

316

[House Bill No. 399.]

. AN ACT

Relating to money raised for the benefit of county agriculturaT
societies by taxation under any general or special law.

Section 1. Be it enacted by the General Assefnbly of
the State of Ohio, That where money has been raised by tax-
ation in any county for the purpose of leasing lands for
county fairs, or for the purpose of erecting buildings for
county fair purposes, or for making any improvements on
county fair grounds, or for any purpose connected with
the use of county fair ground or the management thereof
by any county agricultural society, shall be used for such
purpose only, notwithstanding the law under which money
was raised by taxation may have expired by limitation;
such moneys shall be used for the purposes intended by the
act under which such moneys were levied and collected by
taxation.

Section 2. This act shall take effect and be- in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate^
Passed April 25, 1898. 237G

[Senate Bill No. 394.]

AN ACT

To amend section 5430 of the Revised Statutes ; section 5441 of the
Revised Statutes, as amended April 12, 1884 (81 O. L., 148); sec-
tion 5483 of the Revised Statutes; section 5521 of the Revised
Statutes, as amended March 2. 1891 (88 O. L.. 65); section 'kUS
of the Revised Statutes; section 6489 of the Revised Statutes,
as amended April 3, 1891 (88 O. L., 277), and section 6501 of the
Revised Statutes.

Section 1. Be it enacted by the Getwral Assembly of
the State of Ohio, That section 5430 of the Revised Statutes,
section 5441 of the Revised Statutes, as amended April 12,
1884 (81 O. L., 148), section 5483 of the Revised Statutes,
section 5521 of the Revised Statutes, as amended March 2,
1891 (SS O. L., 65), section 5548 of the Revised Statutes,
section 6489 of the Revised Statutes, as amended April 3,
1891 (88 O. L., 277), and section 6501 of the Revised Stat-
utes be so amended as to read as follows:

Kxempiions to Scc. 5430. Evcry person, who has a family, and every

lies a*nd *"" widow, may hold the following property exempt from exe-
widows. cution, attachment or sale, for any debt, damage, fine or

amercement, to wit:

Exemption from
execution :

317

1. The wearing apparel of such person or family, the
beds, bedsteads and bedding for the use of the same, one
cooking stove and pipe, one stove and pipe used for warm-
ing the dwelling, and fuel sufficient for a period of sixty
days, actually provided and designed for the use of such
person or family.

2. One cow, or if the debtor owns no cow, household
furniture to be selected by him or her, not exceeding thir-
ty-five dollars in value, two swine, or the pork therefrom,
or if the debtor owns no swine, household furniture to be
selected by him or her, not exceeding fifteen dollars in
value, six sheep, the wool shorn from them, and the cloth
or other articles manufactured therefrom, of, in lieu thereof,
household furniture to be selected by the debtor, not exceed-
ing fifteen dollars in value, and sufficient food for such ani-
mals for a period of sixty days.

3. The bibles, hymn bo.oks, psalm books, testaments
and school books used in the family, and all family pictures.

4. Provisions actually provided and .designed for the
use of such person, or family, riot exceeding -fifty dollars
in value, to be selected by the debtor, and other articles of
household and kitchen furniture, or either, necessary for
such person or family, to be selected by the debtor, not
exceeding fifty dollars in value.

5. One sewing machine, one knitting machine, and
the tools and implements of the debtor necessary for ear-
ning on his or her trade or business, whether mechanical
or agricultural, to be selected by him or her, not exceeding
one hundred dollars in value.

6. The personal earnings of the debtor, and the per-
sonal earnings of his or her minor child or children, for
three months, when it is made to appear by the affidavit
of the debtor, or otherwise, that such earnings are neces-
sary to the support of such debtor, or of his or her family,
and such period of three months shall date from the time
of issuing any attachment or other process, the rendition
of any judgment, or the making of any order, under which
the attempt may be made to subject such earnings to the
payment of a debt; provided, that if the claim, debt or
demand for the payment of which it is sought to subject
such personal earnings, is one for necessaries furnished
to the debtor, his wife or family after the passage of this
act, then only ninety per centum of such personal earnings
of the debtor shall be so exempt as against such claim,
debt or demand; provided, also, that nothing herein con-
tained shall in any wise render the personal earnings of such
debtor's minor child or children, for three months, subject
to the payment of any such claim, debt or demand.

7. All articles, specimens and cabinets of natural his-
tory or science, whether animal, vegetable or mineral, ex-
cept such as may be kept or intended for show or exhibition
for money or pecuniary gain.

^ "1

318

Property ex-
empt from levy.

Judge may order
property to be
applied on exe-
cution.

Sec. 5441. Husband and wife living together, a wid-
ower living with an unmarried daughter or minor son,
every widow and every unmarried female, having in good
faith the care, maintenance and custody of any minor child
or children of a deceased relative, resident of Ohio, and
not the owner of a homestead, may, in lieu thereof, hold
exempt from levy and sale, real or personal property to
be selected by such person, his agent or attorney, at any
time before sale, not exceeding live hundred (|500) dollars
in value, in addition to the amount of chattel property
otherwise by law exempted. Provided, that such selection
and exemption shall not be made by the debtor, his agent
or attorney, or allowed to the debtor from any money^
salary or wages due him from any person, partnership or
corporation whatever, as against any claim, debt or demand
for necessaries furnished to such debtor after the passage
of this act, except to the extent of ninety per centum of
such money, salary or wages.

,Sec. 5483. The judge may order any property of the
judgment debtor, or money due to him, not exempt by law^
in the hands either of himself or other person, or of a cor-
poration, to be applied toward the satisfaction of the judg-
ment, but the earnings of the debtor for his personal ser-
vices, at any time within three months next preceding the
order, cannot be applied when it is made to appear by the
affidavit of the debtor or otherwise, that such earnings are
necessary for the use of a family supported wholly or
partly by his labor, provided, that if the judgment is one
for necessities [necessaries] furnished to the debtor, his wife
or family, after the passing [passage] of this act, an amount
equal to ten per centum of such earnings may be ordered
to be applied toward the satisfaction of such judgment.

Sec. 5521. In a civil action for the recovery of money
iSy hav'eattoch-^ the plaintiff may, at or after the commencement thereof,
*"""* * have an attachment against the property of the defendant

upon the grounds herein stated.

1. When the defendant, or one of several defendants,
is a foreign corporation, except as provided by an act entided
"An act to further supplement section 148 of the Revised
Statutes," passed May 16, 1894 (91 O. L., 272). and as
except provided by an act entitled "An act to amend sec-
tion 1 of an act," etc., passed May 19, 1894 (91 O. L.,
355); or,

2. Has absconded .with the intent to defraud his cred-
itors; or,

3. Has left the county of his residence to avoid the
service of a summons; or,

4. So conceals himself that a summons cannot be
served upon him; or,

5. Is about to remove his property, or a part thereof,
out of the jurisdiction of the court, with the intent to de-
fraud his creditors; or.

Grounds upon
which plaintiff*

319

6. Is about to convert his property, or a part thereof,
into money, for the purpose of placing it beyond the reach
of his creditors; or,

7. Has property or rights in action, which he con-
ceals; or,

8. Has assigned, removed, disposed of, or is about
to dispose of, his property, or a part thereof, with the intent
to defraud his creditors; or,

9. Has fraudulently or criminally contracted the debt,
or incurred the obligations for which suit is about to be
or has been brought; or,

10. That the claim is for work or labor, or for neces-
sities [necessaries].

But an attachment shall not be granted on the ground ^
that the defendant is a foreign corporation or a non-resident
of this state, for any other claim other than a debt or demand
arising upon contract, judgment or decree, or for causing
death or a personal injury, by a negligent or wrongful act.

Sec, 5548. A garnishee may pay the money owing to ^■"Jjfj5*^*'^Jfj^.
the defendant by him, or so much thereof as the court shall cour?or*o*" ^
order, to the officer having the attachment, or into court; ^^^^^°-
he shall be discharged from liability to the defendant for
any money so paid, not exceeding the plaintiff's claim, and
shall not be subjected to cost beyond those caused by his
resistance of the claims against him, and if he disclose the
property in his hands, or the true amount owing by him,
and deliver or pay the saine according to the order of the
court, he shall be allowed his costs, provided, that when
any part of the earnings of the debtor is not exempt under
the provisions of sections 5430 and 6441 of the Revised Stat-
utes, as amended by this act, the garnishee process shall re-
main and be in force from the time of the service of [the] pro-
cess [of] garnishment on such garnishee until the trial of the
cause to determine the claim, debt or demand of the cred-
itor, and shall bind all such earnings due at the time of such
service, and that shall become due from the time of service
until the trial of such cause; provided, however, that such
garnishee may pay to such debtor an amount equal to
ninety per centiun of such personal earnings, due at the time
of the service of process, or becoming due after such ser-
vice until trial, and be released from any liability to such
creditor for such ninety per centum only.

Sec. 6489. The plaintiff shall have an order of attach- Affidavit for
ment against any property of the defendant (except as here- whSt^???niam.
inafter provided) in a civil action before a justice of the
peace, for the recovery of money, before or after the com-
mencement thereof, when there is filed in this office an
affidavit of the plaintiff, his agent or attorney, showing
the nature of the plaintiffs claim, that it is just, the amount
the affiant believes the plaintiff ought to recover, and that
the property sought to be attached is not exempt from
execution, and, if the personal earnings of the defendant are

320

sought to be attached, that the defendant is not the head
or support of a family, and has not in good faith the main-
tenance and support of a widowed mother, wholly dependent
upon him for support, or that such earnings are not for
services rendered within three months before the com-
mencement of this action, or, that being earned within that
time, the same amount to more than one hundred and fift>'
dollars, and that only the excess over that amount is sought
to be attached; or that the claim on which judgment is
sought is for work or labor or for necessaries; and except
when the claim is for work, or labor or for necessaries;
also the existence of some one or more of the following
particulars:

1. That the defendant, or one of several defendants,
is a corporation, having no officer upon whom a summons
can be served, or place of doing business in the county, or
is a non-resident of the county; provided, that no proceed-
ings in attachment shall be had to garnishee the salary or
wages of the employes of a railroad company by reason of
his non-residence, except before a jiistice or on account of
his being a non-resident of the county in which his liability
was incurred; or,

2. Has absconded with intent to defraud his cred-
itors; or, ' • *

3. Has left the county of his residence to avoid the
service of a summons; or,

4. So conceal himself that a summons cannot be served
upon him; or,

5. Is about to remove his property, or a part thereot,
out of the county, with the intent to defraud his creditors; or,

6. Is about to convert his property, or a part thereof,
into money, for the purpose of placing it beyond the reach
of his creditors; or,

7. Has property or rights of action which he con-
ceals; or,

8. Has assigned, removed or disposed of, or is about
to assign, remove or dispose of his property, or a part
thereof, with intent to defraud his creditors; or,

9. Fraudulently or criminally contracted the debt, or
incurred the obligation, for which suit is about to be or
has been brought. When the defendant is a corporation,
having no officer in the county upon whom- a summons
can be served, or a place of doing business in the county,
or is a non-resident of the county, the attachment shall
not be granted, unless the claim is for a debt or demand
arising upon contract, judgment or decree, and no attach-
ment shall issue by virtue of this chapter against the per-
sonal earnings of any defendant for services rendered by
such defendant within three months before the commence-
ment of the action or^ the issuing of the attachment, unless
the defendant is not the head or support of a family, of

321

unless the amount of such earnings exceeds one hundred
and fifty dollars, and then only as to the excess over that
amount,^ or unless the claim is one for necessaries, and
then for only ten per centum of such personal earnings.

Sec. 6501. A garnishee may pay the money owing to Proceediugsas
the defendant by him, or so much thereof as the court shall ° ^*'^°''' ^^'
order, to the constable having the order of attachment or
into the court; he shall be discharged from liability to
the defendant for any money so paid not exceeding the
plaintiff's claim; he shall not be subjected to costs beyond
those caused by his resistance of the claim against him;
and if he disclose the property in his hands, or the trut
amount owing by him, and deliver or pay the same accord-
ing to the order of the court, )ie shall be allowed his costs;
provided, that when any part of the earnings of the debtor
is not exempt under the provisions of sections 5430 and
5441 of the Revised Statutes, as amended by this act, the
garnishee process shall remain and be in force from the time
of the service of the process of garnishment on such gar-
nishee until the trial of the cause to determine the claim,
debt or demand of the creditor, and shall bind all such earn-
ings due at the time of such service, and that shall become
due from the time of service until the trial of such cause;
provided, however, that such garnishee may pay to such
debtor an amount equal to ninety per centum of such per-
sonal earnings, due at the time of the service of process,
or becoming due after such services until trial, and be
released from any liability to such creditor for such ninety
per centum only.

Section 2. That said section fifty-four hundred and Repeals,
thirty (5430) of the Revised Statutes, section fifty-four hun-
dred and forty-one (5441) of the Revised Statutes, as
amended by the act passed April 12, 1884 (81 O. L., 148),
and said sections fifty-four hundred and eighty-thre^ (5483),
fifty-five hundred and twenty-one (5521), as amended bv
the act passed March 3, 1891 (88 O. L., 65), fifty-five hun-
dred and forty-eight (5548), sixty-four hundred and eighty-
nine (6489), as amended by the act passed April 3, 1891
(88 O. L., 277), and sixty-five hundred and one (6501) of
the Revised Statutes are hereby repealed.

Section 3. This act shall not extend to or affect any Actjdoes not
existing debt, contsact, note or judgment. ** '^* ""'"*''

SectiojJ 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Represmtatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 238G

affect existing
debt, contract,
etc.

322

[Senate Bill No. 38S.]

AN ACT

To amend section 621 of the Revised Statutes of Ohio, as enacted
April 0. 189C (O. L., v. 92, 119), as heretofore supplemented aud
\ to further supplement the same by enacting sections 621—1,
621—2, 621—3, 621—4, 621—5, 621—6 and 621—7, relative to jus-
tices' courts and providing that in all cities of the third grade
of the first class, and in the township or townships therein,
there shall be a city court which shall also be a justice court,
and the justices of the peace in and for the townships in said
city shall be judges of said city court, and the judges of said
city court shall be justices of th« peace in and for said town-
ships. To amend section 6482 of the Revised Statutes of Ohio,
as enacted March 14, 1853 (O. L., v. 51, 179), relating to the
time for parties to appear in justice's court. To amend sec-
tion 6475 of the Revist-d Statutes of Ohio, as enacted March 14,
1853 (O. L-, V. 51, 179). relating to the summons. To amend
section 6549 of the Revised Statutes of Ohio, as enacted Mardi
4, 1876 (O. L., v. 73, 14), relating to the selection of juries, and
to further supplement the same by enacting sections 6549—1,
6549—2, 6549—3, 6549—4, 6549—5, relative to making up juries
in city and justice courts, and to amend section 6564 of the
Revised Statutes of Ohio, as enacted April 18, 1892 (O. L., v. 89,
375), relating to jury fees in justices' courts.

Section 1. Be it ettacted by the General Assetttbly of
Justices of the the State of Ohio, That section 621 of the Revised Statutes
P*^'^^ of Ohio, as enacted April 6, 1896 (O. L., v. 92, 119), be

amended and further supplemented as follows; that section
6475 and section 6482 of the Revised Statutes of Ohio,
as enacted March 14, 1853 (O. L., v. 51, 179), be and the
sanfe are hereby amended so as to read as follows; and
that section 6549 of the Revised Statutes of Ohio, as enacted
March 4, 1876 (O. L., v. 73, 14), be amended and further
supplemented as follows; and that section 6564 of the Re-
vised Statutes of Ohio, as enacted April 18, 1892 (O. L.,
V. 89, 375), be amended so as to read as follows:

Fc€s of justices Scc. 621. Exccpt as hereinafter provided, justices of

o t e pcact. ^j^^ peace, for services rendered, shall be entitled to the
following fees: For summons for each defendant named
in the writ, twenty-five cents; for order of arrest, capias,
writ of attachment, writ of replevin or mittimus, forty cents;
for each subpoena, for one person twenty-five cents; for
each person in addition named in the subpoena, five cents;
for venire for jury, forty cents; for issuing execution, forty
cents; for warrant in criminal cases, for each person named
in the writ, forty cents; for each search warrant, forty
cents; for writ of restitution, forty cents; for taking and
certifying affidavit, forty cents; for order on jailer for pris-
oner or prisoners, forty cents ; for entering a discontinuance
or satisfaction, twenty cents ; for entering bond or undertak-
ing by either party, forty cents ; for filing papers necessar}*
to be preserved by justice, five cents each; for each rec-
ognizance of bail in civil causes, forty cents; for bill oi
exceptions and copy, fifteen cents for each one hundred
words; for certifying the same, twent>'-five cents; for trans-

323

cript from docket, fifteen cents per hundred words, and
(or certifying the same, twenty-five cents; for appointing
guardian for minor to prosecute suit, twenty-five cents; for
appointing special constables or appraisers, forty cents each;
for taking recognizance of a witness, forty cents; for each
additional witness, ten cents; for each recognizance of bail
in criminal causes, forty cents; for each continuance or
adjournment by cither party, twenty cents; for entering
a rule of reference or copy thereof, fifteen cents; for swear-
ing witnesses or arbitrators, five cents each; for entering
judgment, forty cents; for acknowledging deeds or other
instruments of writing with a certificate thereon, forty cents;
for sitting in the trial of any cause, civil or criminal, where
a defense is interposed, whether tried to the justice or to
a jury, one dollar; for judgment on docket, fifteen c^nts;
for collections made upon judgments, if not paid within
ten days after rendition of same, or within ten days after
stay of execution, if such stay is taken, the same fees as are
allowed by section 622 of the Revised Statutes to constables
for money paid on execution; for taking depositions and
certifying the same, ten cents per hundred words; for mar-
rying and making return, two dollars; for taking and cer-
tifying proof of any account or claim against the estate
of testators or intestates, twenty-five cents; for each pro-
cess required by law not herein named, forty cents; for
each writing or record not herein provided for, fifteen cents
per hundred words; and all justices of the peace and nota-
ries public shall, upon request, administer and certify to
all oaths required in the procurement of bounties and pen-
sions and payment of pensions, and they shall be entitled
to charge and receive for each oath so administered <and
certified the sum of ten cents. Provided, however, that in Toledo,
actions in city and justice court in all cities of the third
grade of the first class and in township or townships therein
having a city and justice court, the judges of which ^re
justices of the peace, in and for said city and townships,
the costs charged and taxed in said actions shall be subject
to the provisions of an act providing for city and justice
courts in cities of the third grade of the first class and town-
ships therein.

Sec. 621 — 1. In all cities of the third grade of the first judge* and
class, and township or townships therein, there shall be pia^li Toledo ;
four judges and justices of the peace in and for said cities tiral^^juris-
and townships. They shall be elected at tihe regular munic- dicUon; pow-
ipal election of said cities in the same manner, and shall «"; ^"*>"'«^c.
hold their office for the same term, possess the same juris-
diction, powers, duties and liabilities, and, except as others
wise provided in the Revised Statutes of Ohio, be subject
to the same qualifications and disqualifications as justices
of the peace for townships; but the justices of the peace justices in office
of said townships in office at the time this act shall take w^of act^*"
effect, including any justices of the peaJte elected in the
year 1898, shall continue to hold their offices, under the

324

£lectioB of
judge and jus-
tice in 1900;
terms ; juris-
diction ; number
of judges and
justices.

Vacancies: how
filled.

Court-rooms ;
private rooms ;
office for clerk ;
jury. room.

Dockets, books,
statutes, blanks,
stationery, fur-
niture and fuel.

Preference to be
^iven to offices
4n court-house.

provisions of this act, for the term for which they were
elected, and the files, records and dockets belonging to
or appertaining to those offices of justice of the peace shall
belong to and be filed and safely kept in the clerk's office
hereinafter mentioned. After the passage of this act any
of said justices, during their term of office, shall be and
are hereby authorized and empowered to issue executions
upon any judgment appearing upon any of said dockets,
in the same manner and with like effect as if said judgment
had been rendered by him. At the annual municipal elec-
tion in April, 1900, there shall be elected in each of said
cities one judge and justice of the peace of said city and jus-
tice court for the term of three years, who shall be a judge
and justice of the peace thereof in and for said city and town-
ship or townships therein, and thereafter there shall be but
three judges and justices of the peace of said city and jus-
tice courts; and at the annual municipal election in nine-
teen hundred and one there shall be elected in each of said
cities one judge and justice of the peace of said city and
justice courts, who shall, for the term of three years, be a
judge and justice of the peace thereof in and for said city
and township or townships therein ; and after said municipal
election in the year nineteen hundred and one there shall
be but two judges and justices of the peace of said city
and justice courts in each of said cities and townships
therein, and said judges and justices of the peace shall im-
mediately after their election enter upon the discharge of
the duties of their offices, and their successors shall be
elected for the full term of three years, at the annual munic-
ipal election in the years in which the term of office of
said judges and justices of the peace expire, and every three
years thereafter. If any vacancy occur therein the judges
of the court of common pleas of the county containing such
city shall appoint a suitable person having the requisite
qualifications, to fill said vacancy until the next annual
municipal election ; and if the vacancy extend beyond said
election, then there shall be elected at said election a judge
and justice to serve during the remainder of said vacancy.
Sec. 621 — 2. The common council in each of said
cities shall immediately after the passage of this act, pro-
vide a suitable court-room for the accommodation of each
of said judges and justices of the peace of the city and
justice court, and a private room thereof for their use, and
also an office for the clerk hereinafter mentioned, also one
jury room; all of which offices and rooms shall be contigu-
ous to each other; and the said common council shall fur-
.ther provide the necessary dockets, books, including the
Revised Statutes of Ohio, blanks, stationery, furniture and
fuel for the use of said judges and justices and clerk. If
in any such city there is situated a county court-house, and
the rooms and offices above mentioned can be obtained
therein at a reasonable rental, said location shall be given
the preference by said council and said coqrt shall be located
therein.

325

Sec. 621 — 3. Each of said judges and justices of the compensation,
peace shsdl be entitled to receive from the treasury of said
city an annual salary of eighteen hundred (|1,800) dollars,
payable in monthly installments, on the certificate of the •
city clerk of said city; but no such certificate shall be
granted by said clerk until the judge or justice of the peace
asking for the same has made and filed with said clerk his
affidavit setting forth the number of days he has been in
actual attendance at his court-room, ready for business,
during the period for which the certificate is intended to
cover, the number of days lost time, and the dates on which
the same were lost, and the aggregate lost time in the year
up to the time of making of said affidavit; and for such time
only as he has been in actual attendance at his court room
ready for business shall he be allowed in such certificate,
and if it appear by such affidavit that his non-attendance
was occasioned by illness, or that the total amount of lost
time and non-attendance in any one year is less than sixty
days, he shall be chargeable with no lost time therefor, -and
if it exceeds said sixty days he shall be chargeable only
as to said excess. Each of said judges and justices shall j^^gcs^^nd jus-
have his court room open, and he shall be in attendance tices.
to the duties of his office therein at least from nine o'clock
in the morning until twelve o'clock noon, and from two
o'clock until five thirty o'clock in the afternoon, and the
clerk's office shall be open continuously from nine o'clock
in the morning until six o'clock in the afternoon of each
day, except all legal holidays. After the municipal election
in the year nineteen hundred and one, when there shall
be but two judges and justices of the peace of said city
and justice courts, they shall each receive a salary of two
thousand (|2,000) dollars per annum, payable in the manner
hereinbefore stated.

Sec. 621 — 4. In each of said cities there shall be one
clerlt for said judges and justices of the peace, to be known
as the clerk of the city and justice court for said city and
townships, and his term of office shall be two years, dating
from the first day of May, in the year 189g, and his suc-
cessor shall be elected for the term of two years at the
annual municipal election in the year 1900, and every two
years thereafter, and said clerk shall hold his office until
his successor is elected and qualified. Provided, however, First ciert.
that the first clerk of said court shall be appointed by the
common council of said city forthwith, on the making and
filing with them within thirty days from the passage of this
act, the written recommendation of said judges and jus-
tices of the peace holding office, of a person therein named
to be said clerk, but if for any reason such recommendation
be not made and filed within said thirty days, then the said
common council shall make said appointment on their own
motion, and his term shall be the same as if said recom-
mendation had been made, and said first clerk shall also
fill out any interval between the date of his appointment

Clerk ; term and
election.

326

Compensation.

Deputy clerks;
appointment ;
powers; sal-
aries; bond.

Vacancies in and the first day of May, 1898. If any vacancy occur in
office of clerk, ^j^^ ^^g^^ ^j ^^^^^ ^^ death, rcmoval, resignation, or other-
wise, said vacancy shall be filled until the next annual munic-
ipal election in the manner provided for selecting the first
clerk of said court, at which municipal election a successor
shall be elected to fill the vacancy if there then is a part of
an unexpired term to be filled. The clerk of said court
shall receive an annual salary of one thousand (|1,000)
dollars, payable in monthly installments from the treasury
of said city; and he shall also receive as compensation for
liis services five per centum of all fees collected and paid
over by him tp said city, to be retained and deducted by
him from the money before paying it over, but the said
common council may at any time revoke the appointment
of said clerk by it made, for cause, on the written recom-
mendation of said judges and justices of the peace. The
said clerk shall have the power to appoint one or more
deputies, not exceeding two, when the necessity therefor
shall be certified to by the said judges and justices, and
may revoke such appointment at pleasure, which appoint-
ment and revocation shall be operative from the time of
the filing of the certificate thereof with said common council.
Such deputies shall be authorized to administer oaths and
perform generally the duties of said clerk, and they shall
receive as compensation such salaries, payable monthly,
from the treasury of said city as the said common council of
said city may determine, not exceeding the sum of six
hundred (f600) dollars per annum. The said clerk may
require of each of said deputies a good and sufficient bond,
with such surety or sureties in such amount and with [such]
Duties of clerk, couditious as hc may think proper. It shall be the duty
of said clerk to keep a true and complete record of said
city and justice court, and of the proceedings therein of
each of said judges and justices of the peace, and enter all
judgments in the docket of the judge and justice rendering
the same, in the time and manner provided by law, but
after such entry, each judgment shall be signed by the
judge and justice by whom it was rendered. The said
clerk shall also file and safely keep all papers and books
belonging to or appertaining to said courts, and enter in
a book provided for that purpose, a list of the names of
aJl jurors that sit on the trijil of cases before the said judges
and justices, with the names arranged in alphabetical order,
together with the date or dates that each juror so sat, with
a reference to the piage of the docket where the proceedings
of the trial are entered; he shall also make all writs return-
able to said court, and upon the return day thereof assign
said cause before said judges and justices in regular rota-
tion; and if, upon the return or adjourned day of any cause,
the judge or justice before whom said case is assigned
therein, should be absent at the time to which the same
was assigned or adjourned, the next judge and justice shall
have the same jurisdiction to proceed therein as though

it had originally been assigned before him. The clerk shall
also receive all costs, fines and dues of every description,
which are provided by law, in all proceedings in said city
and justice courts, and shall pay the same weekly to the
treasurer of said city, and take his receipt therefor. He
shall keep a book showing all receipts and disbursements,
which shall be open to public inspection at all times, and
make a report of all receipts and disbursements to the city
auditor on the first and third Mondays of each month,
for the intervening period. He shall have power generally
to administer oaths and take affidavits, and before entering
upon the duties of his office he shall make and file in the
oflSce of the clerk of said city, a bond in the penal sum
of five thousand dollars (|5,000), with two or more sufficient
sureties, to be approved by the common council, condi-
tioned that the said clerk shall weekly, well and truly pay
to the said city treasurer, all moneys received by him as
said clerk, for the use of said city, and otherwise fully and
faithfully discharge all the duties of said office.

Sec. 621 — 5. Before any civil action or proceeding
shall be commenced in said city and justice court, there
shall be paid to the clerk, by the party bringing the same,
the sum of one (|1) -dollar, and before the trial of any such
action shall be commenced the further sum of one (fl)
dollar, but in cases of non-suit no trial fee shall be required,
and proceedings in garnishment shall be treated as part
of the principal case, and no additional fee shall be charged
therefor up to and including the entry of judgment therein.-
If any person shall satisfy one of said judges or justices by
affidavit, that he has a good, meritorious cause of action
for personal services against another, within the jurisdic-
tion of said court, and that he has made a personal demand
of payment therefor of the debtor, and that such payment
has been refused, and shall therein also state the name and
residence of the debtor, and the amount due over and
above all legal set-offs, the judge and justice before whom
such affidavit is presented may, at his discretion endorse
on such affidavit directions to said clerk to cause to be
issued the proper writ in the case before one or the other
of said judges or justices without requiring the charge for
court fees for the commencement or trial of such cause to
be paid in advance. If plaintiff, in any case, recover judg-
ment, he shall be entitled to have taxed as part of his costs,
an attorney fee of five (?5) dollars, the fees herein provided
and the constable and witness fees allowed by law. If any
defendant obtain judgment in such cause the said fees shall
in like manner and Tor like purpose be taxed against the
plaintiff, and in favor of said defendant. If any party de-
mand a jury in such action in said court he shall advance
the fees therefor, and the same shall be disposed of by said
clerk as is now provided by the general statutes of the
state governing justices' courts. The money so paid to
said clerk of the city and justice court shall be for the use

Disposition of
costs, fines and
dues.

Bond.

Fees to be paid
before com-
mencing action
and trial.

When fees not
required to be
paid.

Fees to be taxed
in costs.

Party demand-
ing jury to ad-
vance fees.

328

:.:i

>'^

i',

^ ••

fj^

?;i

r /^«u in crim-

i • riain fe«r« of

« .M^lbb]c«* uuaf-
iti.ltfl by act.

*^#"<1 of clerk of
' )' V and justice

CltUTi.

Clerk to sign all
write, process,
papers, etc. ;
effect.

Bills of excep-
tions.

The summons.

• -
1 .

of the said city, and shall be held to be in full for all city
and justice court fees in civil actions, except that if any
party to such action desires to take said case to a higher
court, as provided by law, he shall first pay to the clerk
of said court the further sum of two (|2) dollars, which
shall be in full for making out the necessary transcripts,
papers, etc., to take said case to said higher court, and a
like fee shall be paid in the same manner for a transcript
for a lien, and he shall pay all the costs accrued to date,
and said clerk shall not deliver up said papers until said
fee and costs are paid. The sum or sums so paid shall
be taxed as costs of suit in favor of the party paying the
same, if he be the prevailing party in the suit, in addition
to any other costs to which he may be entitled by law.
In criminal cases the same costs shall be paid, and in the
same manner as in such proceedings before justices of the
peace in townships, except that the same shall be paid to
the said clerk, as in civil cases is provided.

Sec. 621 — G. This act shall in no way affect the fees
to which justices of the peace may be entitled on tlie per-
formance of marriage ceremonies, taking acknowledge-
ments and administering oaths in matters not connected
with any litigation in said city and justice court; nor shall
it affect the fees to w^hich constables are entitled, or the
present method of paying them.

Sec. 621 — 7. The clerk of said city and justice court
mentioned in supplemental section 621 — 4 of the Revised
Statutes of Ohio, shall have a seal, which shall have en-
g^raved thereon the coat of arms of the state, as described
in section 15 of the Revised Statutes of the stg.te, and shall
be one and three-fourths inches in diameter, and shall be
surrounded by these words: "The city and justice court

of the city of , and township of , in the county

of — and state of Ohio," (insert the name of the

proper city, townships and county,) but shall not have any
other words or devices engraved thereon. Said clerk shall
sign all writs, process, papers, etc., issuing out of said
court, and attach the seal of said court thereto, and when
so signed and sealed it shall have the same force and effect
as the signing of the same by a justice of the peace has
heretofore had, except as hereinafter provided; pro\'ided,
however, that bills of exceptions must in addition thereto
be allowed and signed by the judge and justice of the
peace of said city and justice court in the same manner
in which they have heretofore been allowed and signed by
a justice of the peace.

Sec. 6475. Except as herein otherwise provided, the

style of the summons shall be "The state of Ohio,

county," it shall be dated the day it is issued, signed by
the justice issuing the same, directed to the constable of
the proper township (except in case a person be deputed
to serve it, in which case it shall be directed to such per-
son), must contain the name or names of the defendant or

329

defendants, if known; if unknown, a description of l\im or
them, and command the officer or person serving the same
to summon the defendant or defendants to appear before

such justice, at his office in township, at a time

specified therein, and must describe the plaintiff's cause of
action in such general terms as to apprise the defendant
of the nature of the claim against him ; and tnere shall be
endorsed on the writ the amount for which the plaintiff will
take judgment if the defendant fail to appear; if the de-
fendant fail to appear judgment shall not be rendered for
a larger amount and the costs. Provided, however, that
in city and justice courts in cities of the third grade of the
first class, the judges of the city and justice court being
justices of the peace, the summons shall be issued and
signed by the clerk of said city and justice court, and be
under the seal of the court from which it is issued; its

st}le shall be "The state of Ohio, county," it shall

be dated the day it is issued, signed by the clerk of the
court issuing the same, directed to the constable of the
proper township, must contain the name or names of the
defendant or defendants, if known; if unknown, a descrip-
tion of him or them, and command the officer or person
serving the same to summon the defendant or defendants
to appear at the city and justice court of said city and

townships therein, in the city of , township,

at a time specified therein, and must describe the plaintiffs
cause of action in such general terms as to apprise the de-
fendant of the nature of the claim against him; and there
shall be endorsed on the writ the amount for which the
plaintiff will take judgment if the defendant fail to appear;
if the defendant fail to appear, judgment shall not be ren-
dered for a larger amqunt and the costs.

Sec. 6482. The parties are entitled to one hour in
which to appear after the time mentioned in the summons
for appearance, but are not bound to remain longer than
that time, unless both parties have appeared and the jus-
tice, being present, is engaged in the trial of another cause ;
in such case the justice may postpone the time of appear-
ance until the close of such trial; provided, however, that
in the city and justice court in all cities of the third grade
of the first class, and township or townships therein, in
which the judges thereof are also justices of the peace, the
one hour delay above mentioned will not be allowed, but the
parties shall appear at the time mentioned in the summons.

Sec. 6549. The justice shall write in a panel the names
of eighteen persons, citizens of the township, or, if the ac-
tion be one in which the jurisdiction is not limited to the
township, then citizens of the county, from which the de-
fendant, his agent or attorney, shall strike one name, the
plaintiff, his agent or attorney, one, and so alternately until
each shall have stricken six names, and the remaining six
shall constitute the jury to try such case, and if either party
neglect or refuse to aid in striking the jury as aforesaid.

When t>arties
must appear.

How juries
made up.

330

flow juries
tnade up in
Toledo.

-Commissioners
of jurors in
Lucas county;
appointment ;
terms.

Oath.

-Semi-annual
meetings for
selection of
list of eligible

Jurors.

the justice shall strike the same in behalf of such party;
provided, however, that this section shall not apply to the
selection of juries in cities of the third grade of the first
class, or to the township or townships therein; but the
same shall be selected in such city of the third grade of
the first class, and the township or townships therein, in
the manner provided for in supplemental sections No.
0549— 1, 6549—2, 6549—3, 6549—4, 6549-h5.

Sec. 6549 — 1. In cities of the third grade of the first
class, and in the township or townships therein, the juries
in the city and justice courts therein shall not be made up
or selected as provided in section 6549 of the Revised Stat-
utes of Ohio, but the following method shall be pursued
and followed: The common council of each of said cities
of the third grade of the first class shall provide and place
in the custody of the clerk of the court of common pleas
of the county containing said city a wheel, so constructed
and arranged that by turning the same the pieces of paper
hereinafter mentioned may be thoroughly mixed, and so
that the names upon such pieces of paper cannot be read
or seen until \dthdrawn from such wheel.

Sec. 6549 — 2. In any county containing a city of the
third grade of the first class before the second Monday of
May of each year the judges of the court of common pleas
shall appoint four freehold electors of said county, no one
of whom shall be an attorney at law, and not more than two
of whom shall be of the same political party, who shall be
commissioners of jurors for such city and township or
townships for one year from the date of their appointment
and until their successors are appointed and qualified, and
record of such appointment shall be made upon the
journal of said court Said commissioners shall, before
entering upon the discharge of their duties, appear in said
court of common pleas and take an oath of office as fol-
lows: "I do solemnly swear (or affirm) that I will honestly
and faithfully discharge the duties of commissioner of
jurors without fear or favbr, and that I will consent to the
selection of no person as juror whom I have been solicited
to name as a juror, or whom I believe to be unfit for that
position, or likely to render a partial verdict in any cause
in which he may be called as a juror,* and this I do as I
shall answer to God" (or "and this I do under the pains
and penalties of perjury"). On the second Monday of the
months of May and November in each year such commis-
sioners shall meet in the office of the clerk having the cus-
tody of said wheel at ten o'clock in the forenoon, and shall
then and there select such number of judicious and discreet
persons having the qualifications of electors of such city and
townships, as the court may direct, to be selected as nearly
as may be, from the several wards in said city, and from
the townships therein, in proportion to their respective pop-
ulation, and no person shall be so selected who shall not
be, in the judgment of all of said commissioners, compe-

331

ttnt in every respect to serve as a juror; that after said
commissioners shall have first ascertained that said wheel
is entirely empty, the names of the persons so selected shall
be written by the county clerk on separate pieces of paper,
which shall be put into said wheel and securely locked
therein in the presence of said commissioners. And the
said commissioners shall at the same time make and sign
a certificate containing all of said names, which they shall
certify to be the names of the persons selected at the time
aforesaid to serve as jurors for the ensuing six months,
and that they are the same names as those placed in the
wheel, which said certificate shall be filed with said clerk.
Said wheel shall be securely locked at all times except
when, by order of the court, it shall be necessary to put
names into it and to draw them from it in the manner
herein provided; and said county clerk shall be the cus-
todian of said wheel and key, and if any person shall un-
lock or open said wheel, except by order of court, he shall
be deemed guilty of a misdemeanor and shall, on convic-
tion thereof, be fined not less than five hundred (|500) dol-
lars nor more than one thousand (|1,000) dollars, and be
imprisoned in the county jail not more than one year nor
less than three months. If either of the commissioners or
the officers mentioned in this section of this act shall be
sick or absent from the county, the judges of the court of
common pleas may appoint some judicious and disinter-
ested person to take the place of sa^d commissioner or of-
ficer in making the selection herein provided for; and the
person so appointed shall be of the same political party as
the commissioner or officer whose place is to be filled.
Whenever it shall become necessary said commissioners
shall meet at such time and place as the court of common
pleas may appoint, and shall there select such additional
number of the persons as the court may, by its orders, di-
rect, and the names so selected shall be selected, written
and deposited in said wheel and certified to as hereinbefore
specified.

Sec, 6549 — ^3. That said commissioners shall receive for
their services herein three (f3) dollars for each day em-
ployed, to be paid by said city on the order of its city
clerk; provided, that they shall not be paid for more than
ten days time in any year.

Sec 6549 — 4. Whoever attempts by request, hint or
suggestion, to influence such commissioners, or any of
them, to select or not to select himself, or any other per-
son or persons as aforesaid, shall be fined not more than
two hundred (f200) dollars or imprisoned in the county
J8ul not more than twenty days, or both.

Sec. 6649 — 5. Whenever the clerk of any county shall
be directed by the order of any city and justice court, in a
city of the third grade, first class, and in the township
or townships therein, or any judge or justice of the peace
thereof to cause any number of persons to serve as jurors

Names to be
deposited in
wheel.

CertiScate to be
executed by
commissioners.

County clerk
custodian of
wheel ; i>enalty
for opening of
wheel by un-
authorized
person.

Sick or absent
commissioner;
how place filled.

Necessary meet*
ings.

Compensation.

renalty for at-
tempting to
influence selec-
tion of jurors.

Drawing juries.

332

i\ ( .v\ii uol rn-
iuivi\ li* )uiy
Ui uukikH sworn.

ituuMiuiiiing

Ayrfement Uy
purties to suit
»• to jury.

. . .^ 1 1 1, he shall at once, in the presence of the sheriff,
v. .x»urt of common pleas, or a judge thereof, pro-
« V . v» :iiru the wheel until said pieces of paper are thor-
^.•»\ mixed, and shall then draw therefrom the number
' Uiiiics specified in such order, and as said names are
u^wii trom said wheel shall write them down in the order
K winch they are drawn, and number them, the first name
jiavvii shall b^ number one, the second name drawn shall
\>v tuunber two, and ^o on to the end, and shall forthwith,
unless otherwise directed by said court or judge, certify
the names of the persons so drawn to the clerk of the city
and justice court, preserving the same order and arrange-
ment above specified, and the persons so selected shall be
summoned to appear to serve as jurors in said city and
justice court at such times as may be directed by a judge
and justice of the peace thereof, in the same manner tliat
jurors are now summoned in justice courts before a justice
of the peace, except the venire and summons shall be
issued and signed by the clerk of said city and justice court
I wivice and shall have attached thereto the seal of said court; pro-
vided, however, no person shall be compelled to serve as
a juror in said court more than six times in any one year;
nor shall a person called but not sworn as a juror be en-
titled to a jury fee, except that he shall be entitled to the
sum of twenty-five cents therefor, which shall be in full
for his services, to be taxed as a part of the costs against
the losing party. The clerk of said city and justice court.
in summoning any number of jurors for the trial of causes
in said court, shall commence at the top of said list at num-
ber one, and continue down the list in their order, to the
bottom thereof, and if only a part of the list is exhausted for
the trial of one cause, he shall, as to the trial of the next
cause, commence where he left off at the preceding one,
and so continue in this order in each cause until he reaches
the bottom of the list, when he shall immediately commence
at thp top of the list and proceed in the same manner as
before, and so continue in all causes, and if at the trial of
said causd there are one or two jurors absent, but not more,
and there are in attendance at said court persons whose
names are on said list of jurors drawn from the wheel, said
clerk may call them, if the parties to said action do not ob-
ject, to sit as jurors in the trial of said cause, although their
names may not be the next names to be called on said list,
and they shall be subject to [the] usual challenges; provided,
however, that the parties to said action may, in writing,
stipulate and agree, before the jurors are summoned, that
any six names, setting them forth, mentioned in said list
of names drawn from said wheel, and which six names
stand together, in numerical order on said list, shall con-
stitute the jury for the trial of said cause, and that no
challenges thereto shall be allowed, and when said agree-
ment is filed with said clerk, said clerk shall summon said
persons^ so chosen, to appear as jurors in said cause, and
they shall constitute the jury for the trial thereof, but no

333

iury fees, and
o

how paid.

Jttry fees in

roledo.

person shall serve as juror in said court in any cause un-
less his name has been regularly drawn from said wheel,
and is on the list for service as a juror in said court.

Sec. 6564. Upon the verdict being delivered to the jus-
tice and before judgment rendered thereon, each juror shall
be entitled to receive seventy-five cents per day for each day's
service as such juror, at the hands of the successful party,
which shall be taxed in the costs against his adversary;
when the jury shall not be able to agree upon a verdict,
the same compensation shall be paid them by the party
calling the jury, and the same shall be tax«d in the cost
bill against the losing party, except as hereinafter provided;
provided, however, that in all cities of the third grade of
the first class, and in the township or townships therein
having a city and justice court, the judges of which are
justices of the peace, each juror shall be entitled to receive
one dollar and fifty cents per day for each day's service
as such juror, but no juror shall be paid a jury fee [for] mere
attendance at said court, but he must have been sworn and
actually sat as a juror in the trial of a cause on the days
for which he is aJlowed compensation, and a person who
is summoned as a juror but not sworn shall be entitled to
twenty-five cents, which shall be in full for his services, and
shall be taxed up as a part of the costs against the losing
party.

Section 2. That the original sections 621, 6475, 6482, Repeals.
6549 and 6564 of the Revised Statutes of Ohio be and the
same are herebv repealed, and all acts or parts of acts, in-
consistent with the provisions of this act, in so far as they
relate to cities of the third grade of the first class and the
township or townships therein, and to the extent of said
inconsistency only, be and the same are hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 239G

[Senate Bill No. 320.]

AN ACT

To amend section 5189/ of the Revised Statutes.

Section 1. Be it enacted by the General Assembly of
the Staie of Ohio, That section 5189/ be amended to read summoninir
as follows: j"'^''^^"

Sec 5189/. Active members of fire engine companies, who exempt
hook and ladder companies, or other companies for the o^TuHm.'"*
extinguishment of fires during the time they may continue

ii'

1 4

Repeals, etc.

Railroad com-
panies :

Compulsory
interlocking.

Repeals, etc.

334

such active members; active members of all military com-
panies and batteries, and all clergymen and priests, phy-
sicians, attorneys at law and all public officers while in of-
fice shall be exempt from serving on juries.

Section 2. That section 5189/ be and the same is
hereby repealed, and this act shall take effect from and
after September 1, 1898.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 240G

[House Bill No. 416.]

AN ACT

To amend section 3 of an act entitled "An act to protect i>ersons and
property from danger at grade-crossings of one railroad over
another, or from s^^ing or draw-bridges, and at junction points,
by providing for safety devices thereat," passed and took effect
April 27, 1896 (92 O. L., pages 315-7).

Section 1. Be it enacted^ by the General Assembly of
the State of Ohio, That section 3 of the act entitled "An
act to protect persons and property from danger ac grade-
crossings of one railroad over another, or from swing or
draw-bridge, and at junction points, by providing for safety
devices thereat," passed and took effect April 27, 1896 (92'
O. L., pages 315-7), be amended so as to read as follows:

Sec. 3. In case, however, one railroad company or
an electric railroad company shall hereafter seek to cross
at grade with its track, or tracks, the track, or tracks, of
another railroad, the railroad company, or the electric rail-
road company, seeking to cross at grade shall be compelled
to provide interlocking or other safety devices put in to
the satisfaction of the said commissioner of railroads to
protect such crossing, and to pay all costs of such appli-
ance, together with the expense of putting them in. The
future maintenance and operation thereof shall be equally
apportioned between the two or more roads by the said
commissioner of railroads and telegraphs; provided this
act shall not apply to crossings of side tracks only.

Section 2. Said original section 3 is hereby repealed,
and this act shall take effect and be in force from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. ^IG

335

[Senate Bill No. 415.]

AN ACT

To amend section 3686 as amended April 15, 1889 (86 O. L., 377), of
the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3686, as amended April 15, ^J^.'-JJ^^J^®"'
1889 (86 O. L., 377), of the Revised Statutes be amended thriuf?: ^"^
so as to read as follows:

Sec. 3686. Any number of persons of lawful age, res- H^^^^^^^l^^^^'
idents of this state, or residents of an adjoining state and *^** *°"*' ***^-
owning insurable property in this state, not less than ten
in number, may associate themselves together for the pur-
pose of insuring each other against loss by fire and light-
ning, cyclones, tornadoes or wind-storms on property in
this state; and may make, assess and collect upon and from
each other such sums of money, from time to time, as may
be necessary to pay losses which occur by fire and lightning,
cyclones, tornadoes or wind-storms to any members of such
association, and the assessment and collection of such sums
of money shall be regulated by the constitution and by-
laws of the association. An association formed for the
purpose of insuring against loss by fire and lightning,
cyclones, tornadoes or wind-storms may insure farm build-
ings, detached dwellings, school houses, churches, township
buildings, grange buildings, farm implements, farm pro-
ducts, household goods and furniture in such buildings, and
other property not classed as extra hazardous.

Section 2. Section 3686, as amended April 15, 1889 Repeals, cic.
(86 0. L., 377)> of the Revised Statutes of Ohio is hereby
repealed, and this act shall take effect and be in force from
and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 242G

[Senate Bill No. 403.]

AN ACT

Anthorizing the governor of Ohio to call the first regiment of in-
fantry, Ohio national guard, into service for ten days during
the 3*id G. A. R. encampment in Cincinnati.

Section 1. Be it enacted by the General Assembly 4)f
the State of Ohio, That the governor of the st^te shall. order Governor
the first regiment of infantry, Ohio national guard, out for ordeVfiJs?

regi-

ten days' active service from September 2, 1898, for dutv nient. ohio

as a military guard at the several camps, as a guard on duty er

of honor at the general headquarters of the grand S*hi2dauaru«

army of the republic encampment in Cincinnati, September ^^ »™o^ *»^°»y

336

of republic at
Cincinnati.

Appropriation.

5 to 10, and for such parade and escort duty as may trom
time to time be required by the executive director of the
citizens' committee.

Section 2. That the sum of f 6,000 be and the same
hereby is appropriated out of the general revenue fund of
the state not otherwise appropriated, for the payment of
the officers and enlisted men of the first regiment of infantry,
and for their subsistence during the ten days of active ser-
vice. That the service provided for in this act shall be
in lieu of the annual encampment of the said first regiment
of infantry.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
» Speaker of the House of Representatives.

ASAHEi: W. JONES,

President of the Senate.
Passed April 25, 1898. 243G

I -

Electric light
and power
■companies:

Contracts with
municipalities
for furnishing
light and
water; lease.

[Senate Bill No. 484.]

AN ACT

To supplemeut section 2 of an act passed May 12, 1886, entitled "An
act to authorize the construction of lines* for conducting elec-
tricity for light and power purposes and the contracting by
municipalities for lighting streets and other public places with
electricity," as amended April 22, 1896.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2 of an act passed May 12,
1886, entitled *'An act to authorize the construction of lines
for conducting electricity for light and power purposes and
the contracting by municipalities for lighting streets and
other public places with electricity," as amended April 22,
1896, be supplemented as follows:

Sec. 2. The municipal authorities of any village in
which any electric light or waterworks company is organ-
ized may contract with any such company for lighting the
streets, alleys, lands, lanes, squares and public places in
such village, or for furnishing water to such municipalities,
or for the leasing of the electric plant and equipment, or the
waterworks plant or both of such companies therein situ-
ated, for a period mot exceeding fifteen years; and the pro-
visions of section 2702 and section 2699 of the Revised
Statutes skall not apply to such contract.

Section 2. This act shall take eflfect and be in force
from and after its passage.

HARRY C. MASON,
Speafi^ of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 244G

337

[House Bill No. 427.]

AN ACT

To amend section 3821/ of the Revised Statutes of Ohio, as passed
March 13, 1896, relating to safe deposit and trust companies
(0. L., vol. 92, page62).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3821/" of the Revised Statutes savings and
of Ohio, as passed March 13, 1896 (O. L., vol. 92, p. 62), tions?'''"^"
be amended so as to read as follows:

Sec. 3821/^. The provisions of sections 3821c 3821d ^[^^^^^j^?^ *p-
and 3821^ relating to the power of the probate judge to ap- probate courts
point any such company to act as executor, administrator, cSunUes."
assignee, guardian, receiver or trustee, shall apply to pro-
bate courts in counties containing a city of the first, second
or third grade of the first class, or a city of the first, or third
grades of the second class, and in all counties containing
a cit}% which by the last preceding federal census had a
population of 33,000 or more, except cities of the second
^ade of the second class.

Section 2. That said section 3821/^, as passed March Repeals, etc.
13. 1896, be and the same is hereby repealed; and this act
shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate. ,

Passed April 25, 1898. 245G

[Senate Bill No. 430.]

AN ACT

Making appropriation for normal and industrial department at the
Wilberforce University.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and hereby is appropriated Appropriations

im^.^ ^ • ja • • ^ A^ ^\ A. for purchase of

rrom any money raised or commg mto the state treasury land for wiiber-
to the credit of the normal and industrial department of ^°^^^ university,
the Wilberforce university fund, not otherwise appropriated,
for the year ending February 15, 1899, for payment on the
purchase of land, the sum of one thousand (f 1,000) dollars.
And for the year ending February 15, 1900, for payment
on the purchase of land two thousand ($2,000) dollars.
Section 2. This act shall take effect and be in force
on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Passed April 26, 1898. 246G

338

Sinking fund :

Tax for creating:
a sinking fund.

Organization of
board.

Meetings ;
record of pro-
ceedings.

Auditor's report
to trustees.

[Senate Bill No. 440.]

AN ACT

To amend sections 2712, 2717, 2718, 2720, 2722, as amended April 16,
1882; 2723, as amended February 6, 1883, and 2728 of the Revised
Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 2712, 2717, 2718, 2722, as
amended April 16, 1882; 2723, as amended February 6, 188:^
and 2728 of the Revised Statutes of the state of Ohio be
amended so as to read as follows:

Sec. 2712. For the purpose of creating a sinking fund
for the gradual extinguishment of the bonds and funded
debt of a municipal corporation, the council may, annually,
until payment of the bonds and funded debt be fully pro-
vided for, levy and collect, in addition to the other taxes
of the corporation, a tax which shall not be less than one
mill, nor exceeding three mills, upon the taxable property
in the corporation, which taxes shall be paid into the treas-
ury, and applied, by order of the council, or if there be a
board of sinking fund trustees in such corporation, by
the order of said trustees, to the extinguishment of the
bonds and funded debt, and to no other purpose whatever.

Sec. 2717. The trustees shall, immediately after their
appointment and qualification, organize by appointing one
of their number as president, another as vice-president who
shall in the absence or disability of the president perform
his duties and exercise his powers, and unless otherwise
specially provided by law the auditor of the city shall act
as secretary until a clerk of such board shall have been
appointed who shall act as secretary; and the office of the
board shall be in some place to be provided by the council,
unless by a vote of the board some other place be provided
by them without expense to the city.

Sec. 2718. R^^lar meetings shall be held in each
year and at such time as the board may determine; but
meetings may be called by the president, or any three
members of the board; the proceedings shall be recorded
in a journal kept for that purpose, which shall, at all times,
be open to the public; and all questions relating to the
purchase or sale of securities, payment of bonds or ii^terest
or involving the payment or appropriation of money, shall
be decided by a viva voce vote, with the names of each
member voting recorded on the journal, and no question ^
shall be decided unless [approved] by a majority of the
whole board.

Sec. 2720. The city auditor shall, upon the demand
of the board, report to it balances belonging to the city.
to the credit of the sinking fund, interest account, or for
any bonds issued for or by the city; and all officers or per-
sons having the same shall immediately pay the same over

339

Columbus.

Bond of city
treasurer.

to the trustees of the sinking fund, who shall deposit them
in such place as a majority of such board shall select; pro-
vided, that in cities of the first grade of the second class,
all such balanced shall remain in the city treasury to the
credit of the sinking fund and shall be drawn out as pro-
vided in section 2724; and the city treasurer of such cities
shall give bond to the state of Ohio in the sum of fifty
thousand dollars for the faithful performance of his duties,
as the custodian of such funds.

Sec. 2722. The trustees of the sinking fund shall invest g^°^^JJ*t*i^^°
all moneys received by them in bonds of the United States,
state of Ohio, city of Cincinnati, city of Toledo, or city of ^

Columbus, and in cities of the first grade of the first class
they shall give preference to the bonds of said city of Cin-
cinnati, and in cities of the third grade of the first class
they shall give preference to the bonds of sai,d city of
Toledo, and in cities of the first grade of the second class
they shall give preference to the bonds of said city of Co-
lumbus, when they can be purchased at a price equal to
or less than th« bonds of the United States, or of the state
of Ohio, taking into consideration the rate of interest paid
on each; all interest received by them shall be reinvested
in a like manner; at no time shall there be over ten thou-
sand dollars kept upon deposit, if investment can be made,
and in cities of the first grade of the first class all bonds
of the city of Cincinnati, and in cities of the third grade
of the first class all bonds of the city of Toledo, and in
chies of the first grade of the second class bonds of
the city of Columbus, now in possession of the trustees,
or those hereafter purchased by them, excepting to the
amount of seventy-five thousand dollars, shall have written,
stamped or printed conspicuously across the face thereof,
and on each coupon thereof the following words: **Pay-
able only to the order of the trustees of the sinking fund."

Sec. 2723. The trustees shall provide for the payment Payment of
of all interest on the city bonded debt, of all judgments ^J»^«' ^"*^^*«'
final against the city, except in condemnation of property
cases, of all rents on perpetual leaseholds of the city not
payable from special funds, and for bonds falling due, and
for any of these purposes only, may sell or use any of the
securities or money in their possession.

Sec. 2728. The trustees may, and upon the written
application of five freeholders or taxpayers of the city shall
investigate into all transactions involving or affecting the
sinking fund in any branch or department of the city gov-
ernment or any agency, depository or trusteeship thereof;
and they may send for persons and' papers, issue subpoenas,
and enforce the attendance of witnesses, and examine the
iame under oath, and, if in the course of such investigation,
the testimony of any witness whose personal attendance
can not be procured be desired, his deposition may be taken
and used in the investigation. They may employ, at a fair
compensation, competent accountants to examine any

Power of trus-
tees to make
investigations,
etc.

340

Hepeals.

books, papers, contracts, or other writings connected witl
any investigation. They shall report the result of all inves
tigations to the mayor and city solicitor, and take sue!
oSier action as they deem proper to protect the interest o
the city. Witnesses, constables and other officers in attend
ance at the investigations, conducted under the provision
of this section, shall be entitled to the fees and mileage pre
scribed by law for similar services; and all costs incurrec
under the provisions of this section shall be paid out o
the sinking fund, and be reimbursed to the sinking fun(
out of the general fund of the city not otherwise appro
priated.

Section 2. That sections 2712, 2717, 2718, 272(J
2722, as amended April 16, 1882, 2723, as amended Feb
ruary 6^ 1883, and 2728 of the Revised Statutes, are hereb;
repealed.

Section 3. This act shall take eflfect and be in fore
from and after its passage.

HARRY C. MASON,
Speaker of the House of Represetitathci
ASAHEL W. JONES,
- President of the Senatt

Passed April 26, 1898. 247G

Power to borrow
money, etc.:

Municipal
bonds to be first
offered to sink-
ing fund trus-
tees.

Not to be sold
for less than
par value.

To be sold to
highest bidder
after notice by
publication.

[Senate Bill No. 438.]

AN ACT

To amend section 2709 of the Revised Statutes of Ohio, as amende
May 21, 1894 (vol. 91, O. L., page 383).

Section 1. Be it etiacted by the Gefieral Assembly o
the State of Ohio, That section 2709 of the Revised Statute
of Ohio, as amended May 21, 1894, be so amended as t
read as follows:

Sec 2709. Whenever any municipal corporation issue
its bonds, it shall first offer them at par and accrued interci
to the trustees or commissioners, in their official capacit;
of the sinking fund, or, in case there -are no such trustet
or commissioners, to the officer or officers of sucli co;
poration having charge of its debts, in their official capacir
and only after their refusal to take all or any of such bone
at par and interest, bona fide for and to be held for tl
benefit of such corporation, sinking fund or debt, sha
such bonds, or as many of them as remain, be advertise
for public sale. In no case shall the bonds of the corpor
tion be sold for less than their par value; nor shall sue
bonds, when so held for the benefit of such sinking fut
or debt, be sold, except when necessary to meet the requir
ments of such fund or debt. All sales of bonds, other thJ
to the sinking fund, by any municipal corporation, shall I
to the highest and best bidder, after thirty days* notice
at least tvvo newspapers of general circulation in the coun

341

where such municipal corporation is situated, setting forth
the nature, amount, rate of interest and length of time the
bonds have to run, with time and place of sale. Additional
notice may be published outside of such county by order
of the corporation council; provided, however, when any when may be
such bonds have been once so advertised and offered foV saL*^ P"vate
public sale, and the same, or any part thereof, remain
unsold, then said bonds, or as many as remain unsold,
may be sold at private sale at not less than their par value,
under the direction of the mayor and the officers and agents
of the corporation by whom said bonds have been, or shall
be prepared, advertised and offered at public sale; pro- J^o*^""at°V^
vided further, that when it shall appear to the trustees or deKedncM.""
council of any municipal corporation to be for the best
interests of such corporation to renew or refund any bonded
indebtedness of such corporation which shall not have
matured, and thereby reduce the rate of interest thereon,
such trustees or council shall have authority to issue for
that purpose new bonds, with semi-annual interest coupons
attached, and to exchange the same with the holder or hold-
ers of such outstanding bonds, if such holder or holders
shall consent to make such exchange and to such reduc-
tion of interest, but the rate per annum of interest on any Rates of inter-
such new bonds thus issued in exchange by any city of "*'
the first class, or by any citv of the first or second grade
of the second class, shall not exceed four and one-half
m) per cent., and by any other city shall not exceed five
(5) per cent., and by other municipalities shall not exceed
five and one-half (54) per cent.; such new bonds shall not
in any case be so issued in an amount in excess of such
outstanding bonded indebtedness so to be renewed or re-
funded, and may be in such denominations and payable
at such time or. times and at such place as may be deter-
mined by such trustees or council.

Section 2. That said section 2709 of the Revised Repeals, etc.
Statutes of Ohio, as heretofore amended, be, and the same
is hereby repealed; and this act shall take effect on its
passage.

HARRY C. MASON,
Speaker of the Hoilse of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 248G

[Senate Bill Na 436.]

AN ACT

To amend section 6946 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 6946 of the Revised Statutes offenses a^inst
of Ohio be so amended as to read as follows: public poucy:

342

Prohibiting:
sale of intox-
icating liquors
or keepinj^ of
houses of ill-
fame at certain
places.

Abatement as
nuisance.

Repeals.

Sec. 6946. Whoever sells intoxicating liquors or keeps
a house of ill-fame at; or within twelve hundred yards of
the administration or main central building of the Colum-
bus state hospital, Dayton state hospital, Athens state hos-
pital, Toledo state hospital, soldiers' and sailors* orphans*
home, or any other orphans' home in this state, except
in cities of the first class, or within two miles of the boundan-
line of the boys* industrial school, south of Lancaster,
Fairfield county, or within two miles of the place where
any agricultural fair is being held, or within one mile of any
county children's home of any county of the state, situated
within one mile of any incorporated village or city in which
the sale of intoxicating liquors is prohibited by an ordi-
nance of such village or city, made in pursuance of the
act entitled "An act providing against the evils resulting
from the traffic in intoxicating liquors," passed March 11,
1897, shall be fined not more than one hundred nor less
than twenty-five dollars, or imprisoned not more than thirty-
days, or both, and on conviction of the owner or keeper
thereof the place wherein such intoxicating liquors are sold,
shall, by order of the court, be shut up and abated as a
nuisance ; but nothing in this section shall be so construed
as to prevent a regular dealer in intoxicating liquors from
doing business and selling the same, at his usual, place
of business within two miles of the place where any agri-
cultural fair is being held.

Section 2. That section 6946 be and the same is
hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 249G

Railroad com-
panies :

railway frogs,
guard-rails, etc.

[Senate Bill No. 467.]

AN ACT»

To amend an act entitled " An act for the protection of railroad cm
ployes," as passed March 23, 1888 (O. L., vol. 85, page 105).

Section 1. Be it enacted by the General Assembly oi
the State of Ohio, That an act entitleji "An act for the pro-
tection of railroad employes," passed March 23, 1888 (0
L., vol. 85, page 105), be amended so as to read as follows

[Sec. 3365 — 18.] That every railroad coq>oration oper
ating a railroad or part of a railroad in this state, shall on oi
before thie first day of June, 1899, adjust, fill or block, al
angles in frogs, switches and crossings on their roads in al
yards, divisional aild terminal stations where trains are niad<
up, with the best known sheet steel spring guard or wrough

343

iron appliances approved by the commissioner of railroads
and telegraphs.

Section 2. That said original act passed March 23, Repeals, etc.
1888 (O. L., vol. 85, page 105), is hereby repealed, and
this act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of tlie Senate,
Passed April 25, 1898. 250G

[Senate Bin No. 437.]

AN ACT

To provide for the incorporation and regulation of corporations,
companies or associations transacting the business of life in-
surance on the stipulated premium plan as herein defined.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That five or more persons may, in the
manner and according to the forms and requirements for
the incorporation of insurance companies mentioned in
sections 3588 and 3589 of the Revised Statutes and in this
act, become an incorporated company for the purpose of
making insurance upon the lives and health of individuals,
and •every insurance appertaining thereto or connected
therewith, on the stipulated premium plan as defined and
regulated herein.

Section 2. No such corporation, company or asso-
ciation shall commence the business of life insurance until
at least two hundred persons eligible under the proposed
plan of tbe organization shall have subscribed in writing to
be insured tb^^n in the aggregate amount of at least five
hundred thousand dollars, and shall have each paid or be-
come obligated to pay the amount of one annual stipulated
net premium for their age at entry on the amount of insur-
ance severally subscribed for, and which shall be held in trust
for the benefit of the members of said corporation or their
beneficiaries; nor until the superintendent of insurance shall
have further certified that it has complied with the provis-
ions of this act and is authorized to transact the business
of insurance. Provided, however, that every corporation
incorporating or reincorporating under the provisions of
this act, shall deposit with the superintendent of insurance
in such securities as are required by law to be deposited by
insurance companies, the sum of five thousand dollars
within one year after the date of such incorporation or
reincorporation, and such corporation shall each year there-
after, upon filing its annual statement, deposit in like secur-
ities with the superintendent of insurance, the sum of two
thousand dollars on each million of insurance in force foir

Incorporation of
com^nies for
making life in-
surance on the
stipulated pre-
mium plan.

Completion of
organization.

Deposit of
securities to be
made with
superintendent.

Life itisurauce
on stipulated

Sremium plan
efined; corpor-
ations subject
to provisions of
act ; application
of existing
statutes.

Existing cor-
porations, com-
panies, asso-
ciations or so-
cieties may
accept provi-
sions of act ;
how.

Existing con-
tract or liability
of corporation
not to be affected
by its reincor-
poration or ac-
ceptance.

Pending actions
or rights un-
affected.

the last calendar year, as shown by its said annual statement,
until the sum of one hundred thousand dollars shall have
been deposited. The securities deposited with the insur-
ance department pursuant to this section shall be held by
the superintendent in trust for the benefit and protection
of and as security for the policy holders of such corpora-
tion, their legal representatives and beneficiaries.

Section 3. Any corporation, company or association
which issues any policy, certificate or other evidence of
interest to, or makes any promise or agreement with its
members whereby any money or other benefit is to be paid
to a member, or upon his decease to his legal representa-
tive or the beneficiary designated by him, which money or
benefit is derived from stipulated premiums collected from
its members, or members of a class therein, or from interest
or accumulations, and wherein the money or other benefits
so realized is applied to or accumulated for the use and
purposes of such corporation as herein specified, and the
expenses of its management and prosecutions of its busi-
ness, shall be deemed to be engaged in the business of
life insurance upon the stipulated- premium plan, and shall
be subject only to the provisions of this act, excepting that
the provisions of chapter 8, title 3, part 1, and of chapter
10, title 2, part 2, of the Revised Statutes shall be applicable
so far as the same are not inconsistent with the provisions
of this act.

Section 4. Any domestic corporation, company, as-
sociation or society existing or . doing business under the
provisions of chapter 10, title 2, part 2, of the Revised Stat-
utes, at the time tliis act takes effect, may, by a vote of a
majority of its board of directors or trustees, and upon
obtaining the consent of the superintendent of insurance
thereto, in writing, accept the provisions of this act, and
amend its articles of incorporation to conform with the
same, so as to cover and enjoy any and all the provisions
or privileges of this act, which might have been included
and enjoyed, if it had been originally incorporated here-
under;' and it shall file such amendment of its articles of
incorporation and the consent required by this section, in
the office of the secretary of state, and shall thereafter per-
petually enjoy the same and be deemed to have been incor-
porated under this act. The reincorporating or qualifying
of any existing domestic or foreign corporation under the
provisions of this act shall in no way annul, modify or
change any existing contract, contracts or liabilities of such
existing corporation, and any and all such contracts and lia-
bilities shall continue in full force and effect the same as
though such corporation had not reincorporated or qual-
ified under this act. Neither shall the reincorporating or
qualifying of any such corporations under the provisions
of this act, in any way prejudice, impede, or impair any
pending action or proceeding, or any rights previously
accrued.

345

Section 5. Every such corporation, company or as-
sociation doing business under the provisions of thia act
shall charge at least a net premium calculated upon the
combined experience or actuaries' table of niortality, with
interest at the rate of four per centum per annum, equal
to that of a yearly term insurance at the age of entry. Such
premium shall be increased by a loading of not less than
twenty-five per centum, and may be paid annually, semi-
annually, quarterly or bimonthly in advance.

Section 6. Every such corporation, company or
association shall accumulate and at all times maintain a
reserve fund not less than the net premium, according to the
tjerm of premium payment of each policy, upon all its out-
standing policies, which net premium shall equal the amount
called for by the combined experience or actuaries* table o:
mortality at the attained age of the insured, computed as
specified in section 5 of this act. If the amount of such re-
serve fund is at any time reduced to less than such net prem-
ium upon all its outstanding policies at the attained age o:
the insured, or to less than the reserve required by the termj
and conditions thereof, such deficiency shall be made up
and restored to said fund within three months thereafter.
Should such impairment of the reserve fund not be made
good within three months, then the superintendent of insur-
ance shall require the officers of such corporation to forth- >
with notify its members to pay, within thirty days from the
mailing of such notice, an extra premium sufficient to meet
such deficiency apportioned equitably, and any such extra
premium shall not be less than the difference between the
actual net premium paid, and the net premium at attained
age. If any member fails to pay such extra premium within
the time named, the corporation shall scale down the policy
of each and every member so failing to pay to such an
amount as is necessary to make the reserve fund to his
credit equal to said unearned premium on his insurance
remaining in force, which amount shall be the maximum
for which the corporation shall be liable under said policy.
Said thirty days' notice shall clearly state the proportionate
amount of the impairment due from the insured and shall
contain the further statement that in the event of failure
to pay the same within thirty days after the mailing of
such notice, said policy will be scaled down as aforesaid.

Section 7. Any corporation, company or asssocia-
tion doing business under this act may issue limited pay-
ment policies; provided such policies hereafter issued diV
tinctiy state the portion of each of the premiums to be held
by, and charged against such corporation for the purpose
of sustaining such policies after expiration of the term of
years in which the premiums are to [be] paid, which shall
not be less than the legal reserve annually according to
the actuaries or combined experience table of mortality with
interest at 4 per cent, per annum and which portion at
the expiration of such term of years, together with the

Minimum pre-
miums.

Reser\e fund to
he maintained.

Impairment
of fund to be
remedied.

Duty of supcrin-
tencient in case
of failure to
remedy impair-
ment within
prescribed time.

Limited pay-
ment policies.

'Cash values.

■Distribution of
•surplus.

What policy
shall set forth.

Obligation of
company to
beneficiaries or
insured.

Refusal or fail-
ure of companjf
to make pay-
«nent.

346

interest accredited thereto, shall not then nor thereafter
be less than the single net premium at the attained age,
according to the actuaries or combined experience table
of mortality, with interest at four per centum per annum;
and if any such corporation doing business under this act
.shall not state in its limited payment policies the portion
of each of the premiums to be held by it for the purpose
of sustaining the insurance after the term of years during
which the premiums are to be paid, or if any such corpwa-
*tion shall issue any form of investment policies, then such
limited payment or other form of investment policies here-
after issueid shall be valued on the basis of the actuaries'
or combined experience table of mortality, and interest at
four per centum per annum, as provided and contemplated
in section 279 of the Revised Statutes.

Section 8. Any corporation, company or association
authorized to do business hereunder, may pay fixed cash
values, provided the amount of reserve computed and to
be set apart for such cash value is plainly stated in the pol-
icy, and provided further that such cash value shall not be
in excess of the portion of the premium with interest accre-
tions thereon, collected for such purpose.

Section 9. If the cash and invested assets of the cor-
poration, company or association, exceed the reserve fund
required by this act, or under the terms, and conditions
of its policy contracts, and the actual liabilities of said cor-
poration to an amount in excess of ten per centum of
such reserve fund, then the sunount of such excess may,
if the policy contract so provides, be apportioned by the
corporation as a dividend to members, in reduction of
premiums, in the purchase of paid up or extended insur-
ance, or may be drawn in cash; or such dividend or divi-
dends may be paid to the beneficiary of a deceased member
in addition to the face of the policy.

Section 10. Every policy hereafter issued by any
corporation, company or association doing business under
this act and promising any payment to be made upon a
contingency provided for in this act, shall specify the sum
of money which it promises to pay upon each contingency
insured against, and the number of days after satisfactory
proof of the happening of same on which such payment
shall be made. Upon the occurrence of such contingency,
unless the contract shall have been avoided by fraud or
breach of its conditions, the corporation shall be obligated
to the beneficiaries or insured for such payment at the time
and to the maximtitn amount due under the policy. If
the superintendent of insurance shall be satisfied, upon
investigation, that any such corporation has refused or
failed, after proper demand, to make such payment for
sixty days after final judgment has been obtained upon
such claim, he shall notify the corporation to issue no new
policies until such indebtedness is fully paid ; and no officer

347

or agent of the corporation shall make, sign or issue any
policy of insurance while such notice is in force.

Section 11. No corporation, company, association or Foreign corpor-

• J J ^i- 1 c ^1 X X • ations must

society organized under the laws of any other state or tern- procure cenifi-
tory of the United States or the district of Columbia or ff^^;^ <'f ?"^^<^^-
foreign countr}*-, shall transact business under the provisioftis
of this act until it has received from the superintendent of
insurance a certificate of authority to do business in this
state, a duplicate of which shall be filed in his office. The Renewal certie-
superintendent shall annually issue to such foreign corpo-
ration, company, association or society, renewal certificates
of authority to continue business, if it shall have fully com-
plied with the provisions of this act, and if the superintendent
shall be of the opinion that any such corporation, company,
association or society is not entitled to a renewal of a cer-
tificate of authority, he may in his discretion cite the same
to appear, giving reasons therefor, and show cause why
the certificate of authority should not be renewed; and
unless the certificate of authority shall be renewed within
ten days after such hearing, such foreign corporation, com-
pany, association or society shall cease to do business in
this state. The superintendent may refuse a certificate of iJiy^refiseccr-*
authority or renewal of the same to any such foreign cor- tificatc.
t)oration, company, association or society, when such re-
fusal will best promote the public interests. When any obiiMtions

^^ ^ .^ *^ f • X t 11 • ti' similar to those

state, territory or foreign country shall impose any obliga- of other states,
tions upon any such corporation of this state, or their agents,
transacting business in such other state, territory or foreign
country, the like obligations are hereby imposed upon sim-
ilar corporations of such other state, territory or foreign
country, and their agents or representatives transacting
business in this state; and such corporation, company, asso-
ciation or society of such other state, territory or foreign
country, and its agents and representatives, shall pay all
licenses, fees or penalties to and make deposits with the
superintendent of insurance imposed by the laws of such
other state, territory or foreign country upon any corpora-
tion of this state doing business therein; and in case of fail-
ure to pay the same, the superintendent shall refuse the cetn
tificate of authority herein provided for or cancel such cer-
tificate if one shall have beeti previously issued. No foreign ^^'""^"f^^jg^
•corporation, company, association or society shall be au^or- ?yiXn?c "pcn-
^ izcd to transact any business authorized by this act within tiii«»t to license,
this state, unless it furnishes evidence satisfactory to the
superintendent of insurance that it has a reserve fund equal
in amount to that required by this act, and that the saute
is held for the benefit of policy holders only, and invested
as required by the insurance laws of this state. Neither shall
any foreign corporation, company, association or society
be authorized to do business in this state unless it collects
in advance for the benefit of its policy holders a net premium
equal to at least that provided for by the terms of this act.

34S

Discriminations
prohibited.

Contracts by
agents.

Rebate of prcm-
ium prohibited.

Policj'-holder
dot personally
liable for losses
of corporation.

Withdrawals of
necurities upon
relinquishment
of business.

Taxes.

Section 12. No life insurance corporation, company
or association subject to the provisions of this act shall
make any discriminations in favor of individuals of the same
class or of the same expectation of life, either in the amount
of premiums charged or in any return of premiums, divi-
dends or other advantages. No agent of such corporation
shall make any contract for insurance or agreement as to
such contract other than that which is plainly expressed
in the policy issued. No such corporation or agent thereof
shall pay or allow, or offer to pay or allow, as an inducement
to any person to insure, any rebate of premium, or any
especial favor or advantage whatever in dividends to
accrue thereon, or any inducement whatever not specified
in the policy. If it shall appear to the satisfaction of the
superintendent of insurance, after a hearing by him upon
dme notice, that any corporation is issuing policies or mak-
ing contracts that are in violation of this section, he shall,
upon the written approval of the attorney-general, require
such corporation and its officers and agents to refrain,
within twenty days, from making any such policy or con-
tract. If any such corporation or officer or agent thereof
shall fail to comply with the provisions of this section tlie
superintendent shall institute such proceedings at law as
may be necessary to restrain such violation of this section.

Section 13. No person shall incur any personal lia-
bility for the losses or liabilities of any corporation, company
or association organized or doing business under this act
by reason of being a policy-holder in such corporation.

Section 14. When any such corporation, cqmpany
or association shall desire to relinquish its business the su-
perintendent shall, on application of such corporation under
the oath of its president or principal officer and secretary
or actuary, give notice of such intention at least twice a
week for six months in a newspaper of general circulation
published at Columbus. After such publication he shall
deliver up to said corporation the securities held by him
belonging to it upon being satisfied by an exhibition of
the books and papers belonging to such corporation, and
on examination by himself or by some competent person
to be appointed examiner by him, and upon the oath of the
president or principal officer and the secretary or actuary
of said corporation, that all its debts and liabilities of every
kind are paid and extinguished that are due or may become
due upon any contract or agreement made by said corpora-
tion or its assignee any portion of such securities on being
satisfied in the manner and form hereinbefore required, or
upon any other competent proof, that all the debts and lia-
bilities of every kind that are due or may become due are
less than the amount or proportion of such securities which
he shall still retain.

Section 15. Every corporation doing business under
the provisions of this act shall be liable for and pay such
taxes as other life insurance companies are liable for.

349

Section 16. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate
Passed April 25, 1898.. 251G

[House Bill No. 473.]
AN ACT

To repeal section la of an act passed (92 O. L., 217), and sections 4,
8, 12 and 16, of an act passed (88 O. L., 382).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 7388 — 18 be repealed, and ohio state re-
that section 7388— -21 be amended so as to read as follows: ^^""^^^^^y-

Sec. 4. It shall be the duty of the superintendent, by ^^^^'^^^^^^J ^^
and with th-e advice and consent of the board, to appoint pioycsTappofS-
such subordinate officers, and other employes as the num- ™^f^\; compcn-
ber of pnsoners may from time to time require, and such
officers and employes shall receive as compensation salaries
not to exceed those now provided by law for similar ser-
vices by officers and employes performing like duties in
the Ohio penitentiary.

That section 7388 — 25 be amended so as to read as
follows:

Sec. 8. The discipline to be observed in said Ohio Discipline to be
state reformatory shall be reformatory, and the managers '■^^°""*'^^'y-
shall have power to employ such means of reformation for
the improvement of the inmates as th«y may deem expe-
dient The labor imposed upon inmates, or industrial pur- Labor of in-
suits prescribed for the employment of their time, shall also "*" '^^
be at the discretion of the board of managers, except that
what is known as the contract system of prison labor shall
not be employed. The superintendent is hereby authorized ^|ac"d"fo crcdu
to place to the credit of each prisoner, such amount of his Sf ^prisoner? '
earnings as the board of managers may deem equitable and fut,d!^"^'°" ^^
just, taking into consideration the character of the prisoner,
the nature of the crime for which he is imprisoned, and
his general deportment; provided, that such credit shall in
no case exceed twenty per cent, of his earnings, and the
funds thus accruing to the credit of any prisoner shall be
paid to him, or his family, at such time and in such manner
3s the board of managers may deem best; provided, that
at least twenty-five per cent, of such earnings shall be left
for and paid to such prisoner at the time of his restoration
to citizenship; and, provided, further, that the superintend-
ent iti^y, with the approval of the managers, by way of
punishment for violation of rules, and of propriety, or any
^tfter misconduct, cancel such portion of such credit as
"« nia^r deem best.

350

Fmrole of pris-
c»ners.

System of
oredits:

That section 7388 — ^29 be amended so as to read as
follows :

Sec. 12. The said board of managers shall also have
the authority to establish rules and regulations under which
prisoners within said reformatory may be allowed to go
upon parole, in the legal custody and under the control of
the board of managers, and subject at any time to be taken
back into the enclosure of ^aid reformatory; but.no pris-
oner shall be considered eligible for parole, and no appli-
cation for parole shall be considered by the managers until
such prisoner shall have been recommended as worthy of
such consideration by the superintendent and chaplain of
said reformatory. And before consideration by the board
of managers notice of such recommendation shall be pub-
lished for three consecutive weeks in two papers of oppo-
site politics in the county from Which such prisoner is sen-
tenced, or from the county of the residence of such prisoner;
provided the expense of such publication shall not exceed
one dollar for each paper; and in no case shall any prisoner
be released either conditionally or absolutely unless there
is, in the opinion and judgment of the managers, reasonable
ground to believe that he wdll if released live and remain
at liberty without violating the law, and that his release
is not incompatible with the welfare of society, and such
judgment shall be based upon the record and character of
the prisoner as established in prison, considering also his
previous record, nature and character of the crime com-
mitted, and all such other facts as such board of managers
may be enabled to obtain, bearing upon the advisability
of parol or refusal of the same. Such prisoner shall be
allorwed to reduce the period of his minimum sentence as
provided in section 7388 — 33 of this act. But no prisoner
shall be allowed the privilege of parole without receiving
the vote of all the members present at a regular or special
meeting.

That section 7388 — 33 be amended so as to read as
follows :

Sec. 16. The board of managers shall, under a sys-
tem of marks, or otherwise, fix upon a uniform plan under
which they shall determine what number of marks or what
credit shall be earned by each prisoner sentenced under the
provisions of this act, as to the conditions of increased priv-
ileges, or of release from their control, which system shall
be subject to revision from time to time. Each prisoner
so sentenced shall be credited for good personal demeanor,
diligence in labor or study, and for the results accomplished,
and recharged for derelictions, negligence or offenses. The
managers shall establish rules and regulations by which
the standing of each prisoner's account of marks or credits
shall be made known to him as often as once a month,
and oftener if at any time he shall request it. And may
also make provision by which any prisoner may see and
converse with some one or more of the managers during

351

every month. When it appears to said managers that there Release of pris-
is strong or reasonable probability that any prisoner may
live and remain at liberty without violating the law, and
his release is not incompatible with th-e welfare of society,
said board may, in its discretion, grant an absolute release
to such prisoner, certifying the fact of such release and the
grounds thereof to the governor, and the governor may
Siereupon, in his discretion, restore such prisoner to cit-
izenship. Nothing herein contained shall be construed to
impair the power of the governor to grant a pardon or com-
mutation in any case. In order that good behavior, fidelity Prisoner may
and diligence may be properly rewarded, each prisoner sen- miSlmum sen-
tenced to said reformatory shall be entitled to diminish his ^^°^*-
minimum sentence as follows : Every prisoner who has con-
ducted himself as above provided shall be allowed a deduc-
tion of five days from each of the twelve months of the time
of his minimum sentence. Whenever the board of managers fio^fo"*"^*^©,!
is satisfied that any prisoner should be pardoned, they shall *°° °^ ^^ °°*
have the authority to make a recommendation for such
pardon to the governor direct, without the intervention of
the state board of pardons; but such recommendation shall
require a vote of all the members present at any regular
or special meeting, such pardon first having been recom-
mended by the superintendent and chaplain of said reform-
atory.

Section 2. That section la of an act passed (O. L., Repeals, etc.
92, page 217), and section 4, 8, 12 and 16 of an act passed
(88 O. L., 382, 91), are hereby repealed, and this act shall
take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

Passed April 25, 1898.

ASAHEL W. JONES,

President of the Senate.
252G

[Senate Bill No. 481.]
AN ACT

To amend sections 1202 and 1203 of the Revised Stotutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 1202 and 1203 of the Revised sheriff mnd
Statutes of Ohio be so amend'ed as to read as follows: '^''°''^^'-

Sec. 1202. There shall be elected in each county bi- Election and
emiially a sheriff and coroner who shall hold their office ^*^"° <>f °ffi*=^-
for two years, beginning on the first Monday of September
next after their election.

Sec. 1203. The sheriff and coroner shall, each, within Bonds, whcn'to
ten days after receiving their commissions and before the ^ *^''*°
first Monday of September next after their election, give

2l«:t^Alj».

352

bond to the state, with two or more sureties approved by
the county commissioners, in any sum fixed by the county
commissioners not more than fifty thousand ddlars rot
less than five thousand dollars conditioned tor the faithful
performance of their respective duties, which bonds \\ith
the approval of the county commissioners and the oath of
office of the sheriff and coroner, respectively, indorsed
thereon, shall be filed with the county auditor.

Section 2. The said original sections 1202 and 1203
be and are hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 253G

Conduct of elec-
tions:

[Senate Bill No. 459.]

AN ACT

To amend and supplement section four (4) as amended April 10,
1896, of an act entitled "An act lo create a state supervisor of
elections with deputy state supervisors, for the conduct of elec-
tions in the state of Ohio," passed April 18, 1892.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section four (4) be amended so as
to read as follows:
scicciionand Scc. 4. In all countics, except counties containing

dVp™i%nci^ cities of the first class, the deputy state supervisors for
^'*^^ such counties shall, at least thirty (30) days previous to

the November election in each year, meet in the office of
the county commissioners and organize by selecting one
of their number as chief deputy, who shall preside at all
meetings, and a resident elector of such county, other than
a member of the board, as clerk, both of which officers shall
continue in office one year. The balloting for such officers
shall commence at or before one o'clock p. m. on the day
of convening, and at least one ballot shall be taken every
twenty minutes until such organization is effected. The
clerk shall be first selected by votes of at least three mem-
bers, and if, after fix'^ ballots, no person shall be agreed
upon as clerk, the clerk shall be selected by lot from t^vo
(2) persons of opposite politics, to be nominated by the dep-
uty supervisors, the two deputy supervisors of the same
politics to name one (1) candidate for clerk, and the two (2)
deputies of opposite politics to name the other. After the
selection of the clerk the chief deputy shall be selected
from deputies of opposite politics to that of the clerk, and
if upon the first ballot no person shall be agreed upon as
chief deputy the deputy of opposite politics to the clerk

353

Report of 6t£^ii-
ization.

Salary of clerk.

Clerk'8 power
to adminUter
oaths.

Sessions of
deputy super-
visors: pnblicft-
tion or notice
for bids for
printing.

Compensation
of deputy super*
visors.

having the shortest term to serve shall be and act as the
chief deputy, presiding at all meetings. When such organ-
ization is perfected the clerk shall forthwith report the same
to the state supervisor. The clerk shall be paid a salary in
quarterly installments not to exceed one hundred (JflOO)
dollars per year, which compensation shall be fixed by the
deputy supervisors for the respective counties. He shall
have power to administer oaths to such persons as are
required by law to file certificates or other papers with
the board, and to chief judges of elections or any witnesses
who may be called to testify before the board. At such
meeting for organization the deputy supervisors may remain
in session not more than two (2) days for the purpose of
organizaition and receiving instructions from the state su-
pervisor as to their duties, and may at such time provide
for the publication of a notice for bids for printing ballots,
cards of instruction and other necessary blanks and papers
required by law in the conduct of elections therein. Such
deputy supervisors shall meet on the twelfth day before
each election, and shall remain in Session for such length
of time as may be necessary, and shall adjourn to such
day as their duties, prescribed by law, may require. Except
in counties containing cities of the second grade of the
second class, for attending all meetings the deputy super-
visors shall receive as compensa/tion the sum of two ($2)
dollars per day not to exceed twenty (20) days in any one
year, and mileage at the rate of five (5) cents per mile going
to and returning from the county seat, if the distance be
more than one mile. The compensation above provided for,
and all proper necessary expenses in the performance of
the duties of such deputy supervisee's, shall be defrayed
out of the county treasury as other county expenses, and
the county commissioners shall make the necessary levy
to meet the same.

Section 2. That said section four (4) shall be •and
is hereby supplemented as follows:

Sec. 4a. Thait in all counties containing a city of the compensation
second grade of the second class, each member of the board jfsSr^SSd*"'**'"
of deputy state supervisors of elections for such county, and c»<^rkih Mont-

.!.</, ,*, i«it • r !• •! gromery county.

tne clerk of such board, shall receive for his seryices the
sum of two (12.00) dollars for each election precinct in
such county and city, for each election held in such county,
city or any election precinct in such county. Whenever how compensa-
the returns of such election are by law required to be made •^*°" ^° ^ ^*^*
to said board and the compensation aforesaid shall be paid
from the county treasury in the case of general elections,
and shall be paid from the treasuries of the several town-
ships in the case of elections to elect township officers, mem-
bers of the board of education in the several townships,
each township to pay f(»r the number of election precincts
therein.

Section 3. Section four (4), as amended April 10, Repca:s.
1896, of an act entitled **An act to create a state supervisor
23

Paymeat of
compensation
and expenses.

354

of elections, with deputy state supervisors, for the conduct
of elections in the state of Ohio," passed April 18, 1892,
is hereby repealed.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASOX,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 254G

[House Bin No. 491.]

AN ACT

'to authorize trustees of gas works X)f municipal corporations not
having sinking fund trustees, to create a sinking fund of tbeir
surplus revenues for the purpose of meeting and pa3ring off
when due, or buying in before due, any gas bonds or water bonds
of such corporation, and to invest all moneys not required for
other purposes in other bon^s.

Section 1. Be it enacted by the General Assembly of
*'"iS*rk?^8tiik '*^ State of Ohio, That the trustees of the gas-works of any
rngftTiTdbv"* municipal corporation not having a board of sinking fund
S??ScSptioM trustees, may at any time set aside the surplus of all rev-
^filbLnd^^^ enues required for the proper conduct and management
of the gas-works of such corporation and the payment of
the bonds issued for gas-works purposes, the same there-
after to be considered a separate fund, to be known as the
*'gas-works sinking fund," to be held for the purpose of
meeting and paying off when due, or buying in before due,
any bonds issued by such corporation for either gas-works
or water-works purposes; provided, that said trustees shall
not be required to pay any such water-works bonds before
such gas-works bonds shall have been paid or prpvided for
Control aud in- by the Sinking fund hereby created; and the said trustees
Tesimcntof ^j^^jj j^^^ ^j^^ control of Said fund, and shall invest all
moneys placed therein not required to meet maturing gas
bonds of such corporation, and when the same are paid
oflf or provided for, all moneys therein not required to meet
maturing water-works bonds of such corporation, in bonds
of the United States, the state of Ohio, the city of Findla\ ,
or any other city or village in the state of Ohio, or of anv
board of education or county in said state, preference to
be given to the bonds of the city or village of its respective
class and grade when they can be purchased at a price
equal to or less than the bonds of the United States, or the
state of Ohio, taking into consideration the rate of interest
on each; and all interest received on said bonds shall be
invested in like manner, and at no time shall there be over
ten thousand dollars (flO,000) kept upon deposit in said

355

fund if investment can be made; and' it shall not be neces-
sary to advertise the bonds of any such corporation for sale
when the same can be sold to the trustees of the gas-works
thereof, at not less than par and accrued interest.

Section 2. That the act entitled "An act to amend an . Repeals,
act passed April 18, 1892, entitled *An act to authorize
trustees of the gas-works of municipal corporations not
having sinking fund trustees, and owning gas-works, to cre-
ate a sinking fund of the surplus revenues of such works
for the purpose of meeting and paying off when due, or
buying in before due, any gas bonds of such municipal cor-
poration, and to invest all moneys not required for other
purposes in other bonds,' as amended February 15, 1893,*'
passed February 27, 1894, be and the same is hereby re-
pealed.

Section 3. That this act shall take effect and be in
force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

Passed April 25, 1898.

ASAHEL W. JONES, .
President of the Senate.
255G

[Senate Bill No. 435.]

AN ACT

To supplement section 891 of the Revised Statutes of Ohio, so as to
provide for the acceptance of bequests, donations and gifts for
public libraries, and to equip and maintain the same.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 891 of the Revised Statutes county com-
of Ohio be supplemented so as to read as follows: missioners.

• Sec. 891a. The commissioners may receive a bequest, commissioners
donation or gift of a building, or property wherewith to glfest7!^et*c? ^
construct a building, for a county public library in the o^counfv"^^*^"
county seat of the county, and may enter into an agreement library. '
on behalf of the county to provide and maintain a public
librar}' therein. Any county accepting such bequest, dona-
tion or gift shall be bound^to faithfully carry out the agree-
ment so made to provide and maintain such library. The
commissioners of any such county are hereby authorized,
at their March or June session each year, to levy a tax of
not exceeding a half mill on each dollar of taxable prop-
ert>' of such county, and the fund derived from such levy
shall constitute a special fund to be known as library fund,
and shall be used for no purpose other than is contemplated
in this section.

Tax for main-
tenance of
library.

356

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Represaitatives.

ASAHEL W. JONES,

President' of the Senate.
Passed April 26, 1898. 256G

[House Bill No. 744.]
AN ACT

Board of elec-
tions:

Salaries of
members of
board.

■

Salar>' of secre-
l.iry.

Salaries of
members and
secretary in
stark county.

Biliary of secre-
iiiry— concluded.

To amend section 2926/ of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2926/ of the Revised Statutes
of Ohio be so amendeid as to read as follows:

Sec. 2926/. Each member of the board of elections
appointed under this, act, in cities of the first and second
grades in the first class, shall be allowed and paid a salary
of one thousand dollars per annum. And in cities of the
third and fourth grades in the first class, and the first and
second grades of the second dass, a salary of four hundred
dollars per annum, payable quarterly, and in cities of the
third grade and the third grade a, in the second class, a
salary of two hundred dollars per annum, payable quarterly,
and in cities of the fourth grade in the second class, a salary
of fifty dollars per annum, payable semi-annually. The
secretary of the board of elections in cities of the first and
second grades in the first class, shall be allowed and paid
a salary of two thousand and four hundred dollars per
annum, in monthly payments, and in cities of the third
grade in the first class, six hundred dollars per annum,
in monthly payments. In counties containing a city of the
first class, fourth grade, each member of the board shall
be paid a salary^ of four hundred dollars, three hundred
of which amount to be paid from the city funds and one
hundred from the general fund of the county in which
the city is situated; and the secretary in such city of the
first class, fourth gTzde, shal\ be paid a salary of six
hundred and fifty dollairs, four hundred and fifty dollars
of which to be paid from the city funds and two hundred
from the general fund of the county, and the money pay-
able from the county funds shall be on warrants drawn
by the county auditor upon orders certifying the said ser-
vices, signed by the president and secretary of the board,
said payments to be in monthly installments. And in cities
of the first grade, second class, a salary of five hundred
dollars per annum, in monthly payments, and in cities of
the second grade of the second class a salary of one thou-

357

sand dollars per annum, to be paid in monthly installments,
and in cities of the third grade and third grade a, of the
second class, a salary of two hundred dollars per annum,
and such additional sum, not exceeding one hundred and
fifty dollars per annum, as the board may allow, payable
quarterly, and in cities of the fourth grade of the second
^class, a salary of one hundred dollars per annum, payable
quarterly, which salaries shall be paid from th^ city treasury
upon orders certifying the said services, signed by the pres-
ident and secretary, to the city comptroller, city auditor,
or city clerk of such city. The registrars of each election ^^ ^P*.°f*^r?"
precinct shall be allowed and paid three dollars per day, ju/gS and"'
and no more, nor for more than six days in any one elec- ^*nJ^Vto1)'c
tion, for their services as registrars. The judges of elec- paid by county.
tion, including the registrars as such, and the clerks of
election so appointed, shall each of them be allowed and
paid five dollars for each election at which they serve, and
no more, either from the city or county, except that in cities
of the third and fourth grades, and third grade a, in the
second ckiss, they shall each be allowed and paid three
dollars for each election at which they serve, and no more,
either from the city or county. But no registrar, judge,
or clerk shall be entitled to the compensation so fixed except
upon the allowance and order of the board of elections,
made at a joint session, certifying that each has fully per-
formed his duty according to law as such, and stating the
number of days' services actually performed by each, and
signed by the president and secretary of the board to the
city comptroller, city clerk, or city auditor of such city,
but for all general elections other than municipal, the county
in which such dty is located shall pay the general expenses
of such registration and election; and such allowance and
order for such expenses and compensation to such regis-
trars, judges and derks shall be sigiied by the president
and secretary of such board to the county auditor of such
county, who shall issue his warrants upon the county treas-
urer for such amount.

Section 2. That section 2926* of the Revised Statutes, R<^p«ai»-
as amended April 27, 1896, be and the same is hereby
repealed. '

Section 3. That this act shall take effect and be in
force from and after its passage.

HARRY C. MASON,
Speaker of the House* of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 257G

358

chastity, etc. :

Penal ty for
laboring or re-
quiring employe
to labor on
Sunday.

[House Bill No. 740.]
AN ACT
* To amend section 7083 of ih^ Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
Offenses against the State of Ohio, That section 7033 of the Revised Statute?
be so amended as to read as follows:

Sec. 7033. Whoever, being over fourteen years of
age, engages in common labor on the first day of the week,
commonly called Sunday ; and whoever, being over fourteen
years of age, shall open or cause to be opened any build-
ing or place for the transaction of business on the first
day of the week comimonly called Sunday, or who shall
require any person in his employ or under his control to
engage in common labor on Sunday, shall, on complaint
made within ten days thereafter, and upon conviction, be
fined, for the first oflEieTise, twenty-five dollars, and for each
subsequent offense such person shall be fined not less than
fifty dollars nor more than one hundred dollars, and im-
prisoned not less than five days nor more than thirty days.
But this section does not apply to or embrace works of
necessity or of charity, and does not extend to persons who
conscientiously observe the seventh day of the week as the
Sabbath, and who do in fact abstain, on that day, from the
doing of the things herein prohibited on Sunday; nor shall
it be so construed as to prevent families emigrating from
traveling, or watermen from landing their passengers, or
keepers of toll-bridges, toll-gates or ferries from attending
the same, on Sunday.

Section 2. That said section 7033 of the Revised Stat-
utes be and the same is hereby repealed ; and this act shall
take effect and be in force from and after its passage.

HARRY C. MASON.
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 26, 1898. 258G

Works of
necessity or
charity and
others exempt.

Repeals, etc.

Submiiision of
({uestion of
issuing bonds
to liquidate
debt of county
agricultural
society.

[House Bill No. 728.]

AN ACT

To provide for the liquidation of indebtedness of agricultural socie-
ties, and to amend section 3705 of the Revised Statutes.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That in all counties in which there may
be a county agricultural society which has purchased a
site whereon to hold fairs, or where the title to such grounds
is vested in fee in the county, and such society has become
indebted to an extent of not less than fifteen thousand

359

dollars, upon the presentation of a petition signed by not
less than five hundred resident electors of the county pray-
ing for the submission to the electors of the county of the
question whether or not the bonds of th^ county shall be
issued and sold for the purpose of liquidating the indebted-
ness of such society, it shall be the duty of such county
commissioners within ten days thereafter, by resolution, to
fix a date which shall be within thirty days, upon which the
question of issuing and selling such bonds, in amount and
denomination such as may be necessary for the purpose
in view, shall be submitted to the electors of the county^
and shall cause a copy of such resolution to be certified
to the deputy state supervisors of elections of the county,'
and such deputy state supervisors of elections shall, within
ten days thereafter, proceed to prepare the ballots and make
all other necessary arrangements for the submission of
such question to the electors of such county, at the time
fixed by such resolution. Such election shall be held at
the regular places of voting in such county and shall be
coiiducted, canvassed and certified in the same manner,
except as otherwise provided by law, as elections for the
election of county officers. Fifteen days' notice of the sub-
mission shall by the deputy state supervisors of elections,
be given by publication in one or more newspapers pub-
lished in the county once a week for two consecutive weeks,
stating the amount of bonds to be issued, the purpose for
which they are to be issued and the time and places of Jiold-
ing such election; and if the majority of the voters voting
upon the question of issuing the bonds vote in favor thereof
then and not otherwise the bonds shall be issued, and the
tax hereinafter mentioned shall be levied. Those who vote
in favor of .the proposition shall have written or printed
on their ballots "for the issue of bonds" and those who vote
against the same shall have written or printed on their
ballots "against the issue of bonds."

Section 2. In the event that a majority of the voters issue oi bonds
of such county voting upon the question of issuing the
bonds vote in favor thereof, it shall be the duty of the
board of county commissioners, for the purpose of liquidat-
ing such indebtedness, to issue and sell the bonds of the
county according to law^ in such amount as may be neces-
sary, and bearing interest not to exceed six per cent, per
annum, payable semi-annually; said bonds to be issued for i^vy topay
a period of not less than ten nor more than twenty years; ****"***•
and such county commissioners shall thereupon levy a tax
upon all the taxable property upon the duplicaite of the
county to pay such bonds as they may mature and the in-
terest thereon, at such rate and for such length of time as
n^y be necessary for the purpose.

Section 3. The county commissioners, upon the sale Proceeds oi
of such bonds, shall, from the proceeds arising from such ^2ed in Hquid»-
sale, pay off and liquidate the indebtedness for which they *'°" °^ ^^^^
were so sold.

360

Agricultural
corporations :

When real
estate vests iu
county.

Repeals, etc.

Section 4. That section 3705 of the Revised Statutes
be so amended as to read as follows:

Sec. 3705. When a society is dissolved or ceases to
exist, in any county where payments have been made for
real estate, or improvements upon such real estate, or for
the liquidation of indebtedness, for the use of such society,
all such real estate and improvements shall vest in See simple
in the county by which such payments wete made.

Section 5. That said original section 3705 of the
Revised Statuites be and the same is hereby repealed and
this act shall take effect and be in force from and after its
passage.

HARRY C. MASON,'
Speaker of the Hotise of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 259G

I«evyinff taxes :

Tax shaU be
levied to pay
bonds ana in-
terest.

Surplus in
water-works
fund in Colum-
bus to be ap-
plied on inter-
est on storage
dam bonds, and
Tor creation of
sinking fund
for redemption
of such bonds.

[House Bill No. 715.]

AN ACT

' To amend section 2836 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2836 of the Revised Statutes
of Ohio be so amended as to read as follows:

Sec. 2836. For the payment of bonds issued under the
preceding section, the township trustees or municipal coun-
cil shall levy a tax in addition to the amount otherwise
authorized, every year during the period the bonds have
to run, sufficient in amount each year to pay the bonds
falling due within that year, and the accruing interest. Pro-
vided, however, that in cities of the first grade of the second
class any surplus of the water-works fund of such cities
after paying the expense of conducting, managing, repair-
ing and extending the water-works of such cities, shall first
be applied to the payment of the interest accruing on any
bonds issued or which may hereafter be issued for the con-
struction of dams for storing waiter lor the purpose of sup-
plying water to any such cities and the inhabitants thereof,
and for the creation of a sinking fund for the payment
of the principal of such bonds, before applying the pro-
ceeds of any tax levy made in pursuance of this provision,
and that the councils of any such cities be authorized to
levy a tax for the exclusive purpose of pa)ring the excess
of such bonds and interest, and creating such sinking fund
after the application of such surplus as herein provided.

361

Section 2. That said original section number 2836 Repeals, etc.
be and it is hereby repealed, and this act shall take effect
and be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Passed April 26, 1898. 260G

[House Bill No. 903.]

AN ACT

To amend an act passed April 21, 1898, entitled "An act to reenact
and amend sections 1, 2, 3, 4, 5 and 6 of an act entitled 'An act
to provide a board of elections for certain specified counties/
passed April 12, 1889 (86 O. L., p. 268), as amended April 30, 1891
' (88 O. Iv., p. 468 ), as amended by section 2 of the act of April 18,
1892 (89 O. L., p. 429), and numbered as sections 2926 ze/— 1,
2926 W'-2, 2926 ze/— 3, 2926 m/ — 4, 2926 w—b and 2926
w — 6, in the Revised Statutes of Ohio; and to amend sections
3 and 4 of an act entitled 'An act to create a state supervisor of
elections, with deputy state supervisors, for the conduct of
elections in the state of Ohio,' passed April 18, 1892 (89 O. L.,
p. 455), as amended April 25, 1893 (90 O. L., p. 263), as amended
April 10, 1896 (92 O. L., p. 145), and numbered as sections
2966—3 and 2966—4 in the Revised Statutes of Ohio; and
to amend sections 25 and 37 of the act commonly known as the
baUot act, passed April 30, 1891 (88 O. L.. pages 450 and 463),
as amended April 18, 1892 (89 O. L., pages 448 and 453), as
amended April 25, 1893 (90 O. L., pages 276 and 277), and as
amended April 10, 1896 (92 O. L., pages 147 and 148), and num-
bered as sections 2966—40 and 2966—53 in the Revised Statutes
of Ohio, and to repeal certain sections and acts herein named."

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the above entitled act amending con?i™°'^
and reenacting sections 1, 2, 3, 4, 5 and 6 of the above *'*"*
recited act, entitled "An act to provide a board of elections
for certain specified counties," passed April 12, 1889 (86 O.
L, p. 268), as amended April 30, 1891 (88 O. L., p. 468),
as amended by section 2 of the act of April 18, 1892 (89 O.
L., pp, 429, 430 and 431), as amended April 21, 1898, be
reenacted and amended so as to read as follows:

Sec. 1.^ In any county having within its territory a conduct of
city of the 'first class and first grade of the second class, colfnHMOTn-
except counties containing cities of the first class, fourth oVthe^rlVciaBs
grade, the election precincts of the county not included and first grmdc
within the city, sihall be held and deemed to be election cfaw.*'^"**
precincts of the city for the purpose of conducting and
supervising elections therein, and the boards of elections
heretofore established in Such cities shall have directions
of elections in such precincts and throughout such county;
and all the provisions, duties, penalties and requirements
contained in section two thousand nine hundred and twenty-
six of the Revised Statutes, and supplemental sections as

elections :

362

Provisions ap-
plicable to
elections in
precincts out-
side such
cities.

Delivery of
poll-books.

heretofore amended shall apply and he in full force as to
all elections held in such counties as well as such cities^
except as herein specified; and the members, secretary,
deputy secretar}', clerks and assistants of such board, shall
be electors of the county and not of the citv merelv. (S9
V. 429.)

Sec. 2. The following provisions included in this sec-
tion, shall apply only to elections in precincts not included
in such cities: Registration of electors, as provided in the
above mentioned sections, shall not be required. The board
of elections may, in its discretion, authorize the judges of
elections to omit the meeting for organization, provided in
section 2926w, but in all such cases the judges shall organize
as therein required, on the morning of the election, before
opening the polls. The boards of elections may, when
expedient, permit the oath required by section 292f>r to
be administered by an officer authorized to administer oaths
without the appointee appearing at the office of the board,
and any such officer is required to administer such oath
without compensation; bu! in all such cases the oath, duly
certified, must be filed in the office of the board before the
certificate bf appointment is issued. The board may dis-
pense with the notice of appointment required in section
292f>r; when vacancies occurring on the day of election
have been filled, as required in said section, and wheii said
notice has been so disp>ensed with, the appointee shall serve
upon such appointment as if he had been appointed by the
board. The board may authorize judges of election to
forward, by mail, the certified summary statement of votes
required in section 2926/>; provided, the said judges shall
have announded the vote to the board by telegraph or tele-
phone, as required in said section and in section 2926</.
The board of elections shall provide for the safe-keeping
and delivers of the ballot-boxes as mav seem expedient.
(89 v. 429.y

Sec. 8. At every election, in any county as aforesaid,
for state or county officers, or for representatives in con-
gress, or for presidential electors, the poll-book of each pre-
cinct, addressed to *'the county board of canvassers," as
required by section 2926r, shall be delivered at the office
of the board of elections. The other poll-book shall be
addressed to the "clerk of the court of common pleas,"
and delivered to him, and he shall preserve it for one year,
for inspection as a public record, and shall, upon demand
of the board of canvassers, produce any such poll-book
for their inspection and use. The time and manner of deliv-
ery of poll-books shall be as provided in section 2926r,
except that the poll-books from election precincts not in-
cluded within the city, sliall be delivered within twenty-four
hours after closing the polls. The president or secretary
of the board of elections may order the summary arrest
of any judge of elections in such county, who fails to make
returns of any election ; and it shall be the duty of the sheriff

363

♦ •f the county, or of any policeman or constabk, to whom
Mich order may be directed, to bring such dehnqnent judge,
tog^ether with the poll-book, and other books pertaining
to the election or registration, before said board. [89 v.

Sec. 4. The members of the board of elections shall
constitute the county canvassing board; and all duties as
:a canvassing the votes and making returns of the same,
now by law assigned to the clerk of the court of common
pleas, shaJl be p-^^omied by such board. Within four days
after the election in November, and after any special election
for county or state officers, or for representative in congress,
the members shall mecft at the office of the board of elec-
tions, and organize by choosing one of their number to be
president, and appointing a secretary and necessary assist-
ants. They shall proceed to canvass the vote of the county,
and make return of the same as required by section 292(j!y,
and by law. In case of doubt or disagreement, so that the
Ixxard cannot proceed with the canvass, a statement in writ-
ing in [of] the matter in doubt or controversy, shall be made
and forthwith submitted to one of the judges of tne circuit,
for the circuit in which the county is situated; and if the
b/oard cannot othen^rse agree the judges shall be selected
by lot. Such judge shall summarily decide upon the mat-
ters submitted to him, and his decision shall be final. [8!)

Sec. 5. Judges and clerks of election, appointed as
herein provided, shall be allowed compensation as fixed in
Section 2926/. Salaries of the nrembers and secretary, as
fixed in said section,, shall be paid out of the city treasury ;
and in addition there shall be allow^ed to each member of
the board, in counties containing cities of the first class,
except counties containiing cities of the first class, fourth
grade, the sum of five hundred dollars per annum, and to
tiw secretary the sum of six hundred dollars per annum,
and in counties containing cities of the first grade of the
second class, to each member of the board and to the sec-
retar>-, the sum of four hundred dollars per annum, all
fayable quarterly out of the treasury of the county. The
expense of the purchase and repair of ballot-boxes, shall
be paid out of the county treasury. All other expenses
'^i every description incurred between the first day of July
and the thirty-first day of December in each yrar, shall
be paid out of the county treasury; and all expenses in-
curred between the first day of January and thirtieth dav
•'►: June in each year, shall be paid as heretofore provided
by law. All payments shall be made upon vouchers of the
briard, made and certified as required bv section 202G(/.
[St» v. 4.?1.]

Sec. 6. In all counties other than counties containing
nties of the first class and first grade of the second class,
in or for which there is or may be established deputy state
vapervisors of elections, said deputy state supervisors shall,

Canvass of votes<
and returns
thereof.

Coinpeusation
of judges and
clerks : salaries-
of members
and secretary
of board ; ex-
pense of ballot-
Doxes.

Other expenses :
how payments
to be made.

Other counties
than above
super\isors to
act : judges
and clerks.

^^E"

■i-:

-I

3^-

Appointments,
qualifications
and term of
deputy state
supervisors.

Recommenda-
tion by party
executive com-
mitt^s.

364

in their respective counties, in the conduct of elections, have
all the powers and perform all the duties conferred aiia
imposed by this act, and the sections of tlie Revised Stat-
utes amended and reenacted therein, on the clerks of the
court, and be subject to the same provisions, penalties and
requirements. Judges and clerks appointed for the severai
precincts of a county by such board of elections or depuiv
supervisors or other officer or officers, slmll serve as sue]
in the conduct of all elections under this act in^ preference
to the judges and clerks provided for herein, and shall per
form all the duties and exercise all the powers and be sub
ject to all the penalties imposed, confen*ed or prescribe
in the sections of the Revjsed Statutes amended and rc
enacted by this act upon judges and clerks of election
[89 v. 431.]

Section 2. That the provisions of the above entitle
act amending sections 3 and 4 of an act entitled **An ac
to create a state supervisor of elections, with deputv- star
supervisors for the conduct of elections in the state of Ohio,
passed April 18, 1892 (89 O. L., p. 453), as amended Apr
25, 1893 (90 O. L., p 268), and as amended April 10, isO
(92 O. L., p. 145), as amended April 21, 1898, be reenacte
and amended so as to read as follows:

S^c. 3. On or before the first Monday in Augus
1892, such state supervisor shall appoint four deputy stat
supervisors for each county in this state, who shall be qua
ified electors of tlie county for which appointed. For tli
first appointment, two members shall be appointed for
term of one year, and two for a term of two years froi
the first Monday in August, 1892. One member so a^
pointed for one year and one for two years, shall be fro]
the ix)litical party which cast the highest number of voti
at the last preceding November election for governor ^
secretary of state. The other two members shall be a]
pointed from the political party which cast the next higiie
number of votes for such officer at said November electio
Thereafter appointments shall be made annually for t\^
deputy state supervisors for each county for the term
two years, which appointments shall be from two politic
parties which cast the highest and next highest number
votes at the last preceding November election forg-overn
or secretary of state. All vacancies shall be filled and ;
appointments to new terms made from the political par
to which the vacating or out-going member belongs, unk
there be a third political party which cast a greater numb
of votes in this state than did the party to which the retirii
member belonged; at the next preceding November eU
tion, in which event the vacancy shall be filled from su
third party. Provided, that if the executive committees
the two political parties in the county casting the high«
and next highest number of votes in this state at the 1;
preceding November election, recommend qualified p<rs<^
to the state supervisor at least ten days before the appoii

365

ment is made, then the state supervisor shall appoint the
persons so recommended to the number to whioh such party
is entitled; but if no such recommendation is made, the
state supervisor shatl make the appointments agreeably to
the provisions herein contained. Any deputy state super-
visor may be removed by the state supervisor for misfeas-
ance or malfeasance in office, or other good and sufficient
cause; and if, in filling vacancies caused by removals,
no person or persons belonging to the political party as the
person or persons removed, can be induced to accept such
appointment, then the vacancies can be filled by appoint-
ments from any other political party. Provided further,
that in counties containing cities of the first class and first
grade of the second class, the board of elections heretcrfore
provided for such cities, by section 2926, and all sections
supplementary thereto, of the Revised Statutes, shall have
all the powers and perform all^he duties for such cotmties
imposed, and conferred by this act on the deputy state super-
visors. And deputy state supervisors in all counties con-
taining cities of the first grade of the second class are hereby
abolished. In counties containing cities of the second class,
other than cities of the first grade of the second class, the
board of elections heretofore provided for said cities, shall
have power and be subject to the duties prescribed in
section 2926 of the Revised Statutes, and supplemental sec-
tions as heretofore amended, except that all the returns of
the November elections shall, in such counties be made
to the deputy state supervisors, as hereinafter provided;
and in acklition thereto, each board shall, in the conduct
of municipal elections, have all thq pcm^ers and duties and
be subject to all the provisions, penalties and requirements
of the deputy state supervisors prescribed in this act. [90
V. 263.]

Sec. 4. In all counties except counties containing cities
of the first class and first grade of the second class, the dep-
uty state supervisors for such counties shall, at least thirty
days previous to the November election in each year, meet
in the office of the county commissioners and organize by
selecting one of their number as chief deputy, who shall
preside at all the meetings, and a resident elector of such
county, other than a member of the board, as clerk, both
of which officers shall continue in office for one year. The
balloting for such officers shall commence at or before 1
oclock p. m., on the day of convening, and at least one
ballot shall be taken every twenty minutes until such organ-
ization is effected. The clerk shall be first selected by the
votes of at least three members, and if, after five ballots
no person shall be agreed upon as clerk, the clerk shall
be selected by lot, from two persons of opposite politics,
to be nominated by the deputy supervisors, the two deputy
supervisors of the same politics to name one candidate for
clerk, and the two deputies of opposite politics to name
the other. After the selection of the clerk the chief deputy

Removals.

Powers and
duties of
boards of elec-
tions in coun-
ties contain-
ing cities of
the first class,
and first gndc
of the second
class.

Powers and
duties of
boards of elec-
tions in coun-
ties containing
cities of the
second class,
other than
cities of the
first grade of
the second
class.

Selection and
term of chief
deputy and
clerk.

366

Report of or-
^anizatiou.
:Salary of clerk.

•Clerk's power
to admininter
oatbs.

Sessions of
-deputy super-
visors; publi-
cation of no-
tice for bids for
printings-

Compensation
•of deputy su-
pervisors.

Payment of
compensations
and expenses.

Making, trans-
mission anri
preservation of
returns, tally-
.sheets and
IK>ll-h<>oks.

shall be selected from deputies of opposite politics to that
of the clerk, and if upon the first ballot no person shall be
agreed upon as chief deputy, the deputy of opposite pol-
itics to the clerk having the shortest term to serve, shall
be, and act as the chief deputy, presiding at all meetings.
When such organization is perfected, the clerk shall (onh-
with report the same to the state supervisor. The clerk i
shall be paid a salary, in quarterly installments, not to
exceed one hundred dollars per year, which compensation
shall be fixed by the deputy supervisors for the respective
counties. He shall have power to administer oaths to such
persons as are required by law to file certificates or other
papers with the board, atid to chief judges of election, or
any witnesses who may be called to testify before the board.
At such meeting for organization, the deputy supemsors
may remain in session not more than two days for the
purpose of organization and receiving instructions from the
state supervisor as to thetf duties, and may at such time
provide for the publication of a notice for bids for printing
ballots, cards of instrucdon and other necessary blanks
and papers required by law in the conduct of elections
therein. Such deputy supervisors shall meet on the twelfth
day before each election, and shall remain in session foi
such length of time as may be necessary, and shall adjoun
to such day as their duties prescribed by law may require
For attending all meetings the deputy supervisors shal
receive as compensation the sum of two dollars per day
not to exceed thirty days in any one year, and mileage a
the rate of five cents a mile going to and returning iron
the county seat, if the distance be more than one mik
The compensation above provided for, and all proper nee
essary expenses in the pyerformance of the duties of sue
deputy supervisors, shall be defrayed out of the count
treasury as other county expenses, and the county coir
missioners shall make the necessary lev>' to meet the sani^
[92 V. 145.]

Section 3. That the provisions of the above entitle
act amending sections 25 and 37 of an act, entitled **A
act amendatory of and supplementary to an act, entitle
*An act to provide for the mode of conducting electioii
to insure the secrecy of the ballot, and prevent fraud an
intimidation at the polls, and to repeal certain statutt
therein named,' " passed April 30, 1891, passed April 1
1892 (89 O. L., page 432), as amended April 25, 1893 (90 C
L., pages 276 and 277), as amended April 10, 1896 (92 (
L., pages 147 and 148), as amended April 21, 1898, 1
amended and reenacted so as to read as follows:

Sec. 25. After canvassing the votes the judges at
clerks shall make out the returns of the election and tl
tally-sheets thereof in duplicate, signed and certified as r
quired by law ; one copy thereof shall be immediately tran
niitted to the deputy state super\'isors by the presiding^ jud|
or such other judge as he may designate; the other po

367

book and tally-sheet shall be forthwith deposited with the
clerk of the township or the clerk of the municipal corpo-
ration, 'as the case may require, by another judge desig-
nated by the presiding judge, to be preserved one year after
the date of such election. Such returns shall be securely
sealed MUp in an envelope and addressed transversely upon
the upper end thereof to the proper officer with whom they
are to be deposited, with the designation of the township,
precinct and county; provided, that in cities of the first
class and first graide of the second class, such delivery shall
be made as now provided by law. From the time the ballot-
box is opened and the count of votes begun, until the votes
are counted and the returns made out, signed and certified
as required by law, and delivered to the judges selected for
such duty for transmission, the judges and clerks of the
precincts shall not sepairate, nor any judge or clerk leave
the pollii^ place except from unavoidable necessity, under
penalty of a fine of not less than fiftv nor more than one
hundred dollars. [92 v. 147.]

Sec. 37. In couiities corftaining cities of the first class,
and first grade of the second class, the election precincts
of the county outside of the city shall be held and deemed
to be an election precinct of the city for the purpose of con-
ducting elections under this act, and the board of elections
heretofore provided for such cities by section 2926^ of the
Revised Statutes, shall, in their respective counties perform
the duties imposed upon the deputy state supervisors by this
act. In counties containing cities of the second class, other
than cities of the first grade of the second ckiss, the boards
of elections heretofore provided for such cities, shall have
the power and be subject to the duties prescribed in section
twenty-nine hundred and twenty-six of the Revised Statutes,
and supplemental sections as heretofore amended, except
that all the returns of the November election shall, in such
counties, be made to the deputy state supervisors as pro-
vided by law; and in addition thereto, such boards shall, in
the conduct of municipal elections, have all the powers and
duties and be subject to all the provisions, penalties and
requirements of the deputy state supervisors prescribed in
this act. In all counties other than counties containing
cities of the first class, and first grade of the second class,
in or for which there is or may be established a board of
elections, or deputy supervisors of elections or other officer
or officers, whose duty [it] is to receive and canvass the re-
turns of the elections in and for such county or counties,
and transmit abstracts th<ireof, such board or deputy super-
visors, or other officer or officers shall in their respective
counties, in the conduct of elections have all the powers
and perform all the duties conferred and imp>osed by this
act and be subject to the provisions, penalties and require-
ments herein; provided, that in the consideration and de-
cision of the objections and (luestions arising in the course
of a nomination for an officer of a circuit or district com-

Citics of the
first class and
first sr^adc of
the second
class.

Period during
which judges
and clerks
shall not sepa*
rale or leave
polling place
under penalty.

Duties of
boards of elec-
tions in coun-
ties containing
cities of the
first class and
first grade of
the second
class.

Powers and
duties of
boards in
counties con-
taining cities
of the second
class, other
than cities of
the first grade
of the second
class.

Powers and
duties of
boards, deputy
supervisors or
other oflficers
in counties
other than
those contain-
ing cities of
thtr first class
and first^rade
of the .second
cla^s.

When chief
deputy or pre-
siding canvash-
iuR officer to

368

act for associ-
ates.

Judges and
clerks ap-
pointed b}^
such election
officers.

Repeals.

posed of more than one county, the chief deputy supervisor
or presiding canvassing officer of the county shall act for
his associates. Judges and clerks appointed for the several
precincts of a county by such boards of elections or deputy
supervisors or other officer or officers, shall serve as such
in the conduct of all elections under this act and shall per-
form all the duties and exercise all the powers and be subject
to all the penalties imposed, conferred or prescribed by this
act upon judges and clerks of elections. [90 v. 276.]

Section 4. That said act passed April 21, 1898, en-
tittled "An act to reenact and amend sections 1, 2, 3, 4, 5
and 6 of an act entitled *An act to provide a board of elec-
tions for certain sj>ecified counties,' passed April 12, 188D
(86 O. L., p. 258), as amended April 30, 1891 (&S O. L,
p. 468), as amended by section 2 of the act of April 18,
1892 (89 O. L., p. 429), and nimibered as sections 2926
w — 1, 2926 w — 2, 2926 w — S, 2926 w — 4, 2926
w — 5 and 2926 w — 6, in the Revised' Statutes of Ohio;
and to amend • sections 3 and 4 of an act entitled *An act
to create a state supervisor of elections, with deputy stale
supervisors, for the conduct of elections in the state of
Ohio,' passed April 18, 1892 (89 O- L., p. 455), as amended
April 25, 1893 (90 O. L., p. 263), as amended April 1(1,
1896 (92 O. L., p. 145), and numbered as sections (2966— :{)
and (2966 — 4) in the Revised Statutes of Ohio; and to
amend sections 25 and 37 of the act commonlv knowni as
the ballot act, passed April 30, 1891 (88 O. L., pp. 450
and 463), as amended April 18, 1892 (89 O. L., pp. 448
and 453), as amended April 25, 1893 (90 O. L., pp. 276 and
277), and as aimmded April 10, 1896 (92 O. L., pp. 147
and 148), and numbered as sections 2966 — 40 and 2966—
53 in the Revised Statutes of Ohio, and to repeal certain
sections and acts herein named," be and the same is hereby
repealed. And all acts or parts of acts, and all sections or
parts of sections in conflict with the provisions of this act,
are to the extent of such conflict hereby repealed.

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Saxatc.
Passed April 25, 1898. 261G

369

[House BUI No. 902.]
AN ACT

To provide for the appointment of a centennial commission and ^
payment of the expense thereof.

Whereas, House joint resolution No. 43 provided that Preamble:
a centennial exposition should be held in Ohio in 1903,
from June 15 to October 15, and the city of Toledo was
selected at the joint session of the two houses of the gen-
eral assembly as therein provided, as the place at which
said exposition s>hould be held; and

Whereas, In order that the interests of this state in
said exposition may be properly recognized and its efforts
in aiding in the success of said exposition may be intelli-
gently exercised it will require much preliminary investiga-
tion and wcM-k in securing information and in preparing
plans in order that the general assembly may act intelli-
gently and effectively in assisting to make said exposition
a credit to the state, and to fully carry out the intents and
purposes of this general assembly; now, therefore,

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the governor of the state be, and he centennial com-
is hereby authorized tq appoint a commission to consist ^?ntmenrr
of twenty-one members, one member of which commission p^^^"; duties,
shall be selected from each of the congressional districts ot
this state, and not more than eleven of whom shall belong
to any one political party, who shall serve without pay
or compensation, but whose actual and legitimate expenses
shall be paid on vouchers to be approved by the governor.
Said commission shall immediately after appointment meet
at some place and time designated by the governor and
proceed to organize by electing a president and first and
second vice-president; said cwnmission shall have authority
to employ a secretary and such clerical and other assistance
as may be necessary. The duties of said commission shall
consist in examining and acquainting itself with the grounds
upon which it is proposed that said exposition shall be held,
and the general plans for their improvement which should
receive its approval before adoption, and shall inspect from
time to time such improvenients and make such suggestions
and recommendations as shall appear desirable or neces-
sary, and in obtaining information as to other expositions
of Kkc nature which have heretoSore been lield or which
are now being held and to obtain suggestions from the citi-
zens of this state as to the nature, extent and character of
the exposition which they desire to have held, and to pro-
cure plans and propositions pertaining to said exposition
and recoaimendations and suggestions generally that would
be of profit in determining what this state should do in
forwarding said exposition, including also, invitations to
other states, particularly those in the old northwest terri-
tory, to participate therein, which invitations shall be ap-

370

proved and endorsed by the governor; and all of which
plans, recommendations, suggestions, propositions and in-
formation said commission shall report to the next general
assembly within ten days from the beginning of its first
Appropriation, session. For the purpose of paying the expenses incurred
by said commission in the performance of its said duties
to the date of its first said report there is hereby appropri-
ated from the general revenue fund of the state from any
money not otherwise appropriated, five thousand dollars
which shall cover all expenses herein authorized, and the
auditor of state shall dnaw his warrants on the state treasurer
in payment of such expenses from time to time on vouchers
as aforesaid, which warrants shall be paid by said treasurer
out of said fund. Provided however that nothing in this
act shall be construed as obligating^ the state for any appro-
priation for such centennial exposition, or in any way as
expressing the sense of this general assembly, that an
appropriation further than the one herein provided, should
be made.

Section 2. That this act shall take effect on its
passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 262G

Preamble :

Experiments
with electricity
Ks a motive
power for pro-

Eulsion of
oats on canals.

[House Bill No. 901.]

AN ACT

To promote better facilities to operate boats on the Miami and Erie

canals.

Whereas, It is due to the taxpayers of the state of
Ohio to obtain from the canals and inland waterways under
the control of said state the greatest amount of revenue
compatible with their most efficient use, which can only be
done by affording merchants, manufacturers and shippers
more rapid and economical transportation thereon for dieir
products; and

Whereas, As a motive power on land it has been dem-
onstrated that electricity, because of its cheapness and
practicability is eminently successful, and it is believed that
the same results can be accomplished on water and that
efforts to that end should be speedily made, provided the
same is done without any expense to the state; therefore,

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the board of public works of this
state be and is hereby authorized and empowered to grant
by lease or permit to any party or parties or company the
right to make any experiment with electricity as a motive

371

power for the propulsion of boats or other craft on the
Miami and Erie canal by poles and overhead wires erected
for such purpose, or by traction power on the berme banks
or towing paths in such manner and under such regulations
as said board of public works may direct, provided that
animal or other motive power for the propulsion of boats
as used at present is not to be in any manner interfered with.
And, if such experimients with electricity when made should
be found successful, said board may further grant by lease
or license to such party or company, the right to operate
and proi>el boats and other craft on said Miami and Erie
canal as aforesaid under the following regulations:

Section 2. Any party or company to whom a grcmt
or license as provided for in section 1, is made, may operaite
its own boats, but it shall be obligated to propel and operate
all boats for hire when the owner may so desire, under and
pursuant to such reasonable rules as to tonnage per mile
or otherwise as the board of public works may fix if the
parties are unable to agree.

Section 3. In any experiments made as aforesaid, or
any act done in developing the practical appUcation of elec-
tricity as a motive power, no expense shall be incurred by
the state or the board of public works, and no contract for
same shall be in force and effect until approved by the gov-
ernor and attorney-general.

Section 4. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 263G

l^ease or license
of company to
operate boats.

Obligations of
license.

State not to be
responsible for
expense of ex-
perimenting ;
contracts to be
approved.

[House Bill No. 757.]

AN ACT

To amend section 4358 and to repeal sections 4359 and 4360.

Section 1. Be it enacted by the General Assembly of

the State of Ohio, That section 4358 of the Revised Statutes intoxicating

of Ohio be amended to read as follows: Uquors:

Sec. 4358. Such husband, wife, child, parent, guardian Notice to seller

^1 • . . 1 f 1^1 ^ t_ *^. . 'P, or owner of

or Other interested person liable tx> be so injured by any premises,
sale of intoxicating liquors to any person, and desiring to
prevent the sale of intoxicating liquors to such person, shall
give notice either verbally or in writing* to the person or
persons so selling or giving the intoxioating* liquors, and
to the owner or lessor of the premises wherein such intox-
icating liquors are given or sold, not to sell to such person
any intoxicating liquors from and after five days from the
date of such notice. [72 v* 35, 7.]

372

•

^^*'s Section 2. That said sections 4358, 4359 and 4360

of the Revised Statutes be and the same are hereby repealed.

Section 3. This act shall take effect arid be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 264G

County com-
mi&sioneri:

May borrow
nioTity for same,
or for building
or improving
TOcmorial hall,
court house,
jflil, infirmary,
or bridge, or
for poor, etc.

Jt^^p<•als, etc.

[House Bill No. 775.]

AN ACT

To amend section 871 of the Revised Statutes of Ohio.

Section 1. Be it enaeted by the General Assembly of
the State of Ohio, That section 871 of the Revised Statutes
of Ohio be amended so as to read as follows:

Sec. 871. The commissioners, for the execution of
the objects stated in the preceding section, or for the pur-
pose of erecting or acquiring any building in memory of
Ohio soldiers, court house, buildings for county offices^
jail, county infirmary, or any necessary buildings, or bridge^
or for the purpose of enlarging, repairing, improving or
rebuilding any such building or bridge, .or for the relief
or support of the poor, may borrow such sum or sums
of money as they deem necessary, at a rate of interest not
to exceed six per cent, per annum, and issue the bonds of
the county to secure the payment of the principal and interest
th*ereof; such interest shall be paid seminannually, at the
county treasury, and the principal shall be paid at such
treasury, at such time as the commissioners prescribe, within
twenty years from the date of such indebtedness ; the interest
on all the bonds issued for any of said purposes, shall be-
come due and payable at the same time, and the first pay-
ment of interest on any such bond shall be for such portion
of the six months as has elapsed betw^een the date of its
issue and the time specified therein for the first payment
of interest thereafter; provided, that in the case of bridges
over streams on abandoned turnpikes, the provision of sec-
tion 2825 of the Revised Statutes shall not apply.

Section 2. Said original section 871, as amended
April 27, 1896 (O. L. 92, page 342), be and the same is
hereby repealed, and this act shall take effect on and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 265G

373

[House Bill No. 779.]

AN ACT
To amend section 4495 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4495, Revised Statutes of
Ohio, be amended so as to read as follows:

Sec. 4495. The' commissioners of any county, at any
regular or called session, may in the manner provided in
this chapter, so far as applicable when the same is neces-
sary to the public health, convenience or welfare, cause to
be located, constructed, deepened, widened or enlarged any
bridge or culvert, made necessary by the crossing of any
ditch, drain, watercourse or stream of water, by any rail-
road, turnpike, plank road, or other road of any corpora-
tion, at the expense of said corporation, and the necessity
for making any improvement herein provided for, may be
heard and determined at the same time and under the same
petition as provided for in section 4447 of this chapter.
If the commissioners find for the improvement, they shall,
by an order entered on their journal, determine the dimen-
sions of said improvement and that said improvement shall
be made by the corporation affected thereby, within three
months from the making of such order according to the
plans and specifications, and of such materials, as the board
may approve and select; provided, that if said corporation
shall not within ten days from the date of such order, in
writing, elect to make said improvement as ordered, such
fact shall be taken as a refusal to do the same, and there-
upon, the county commissioners shall at once by an order
duly entered upon their journal, specify the materials to
be used in the construction of said improvement, and direct-
ing the county surveyor, or an engineer, to make suitable
surveys and to prepare plans and specifications for the mak-
ing of said improvement so ordered, which shall be filed
with the county auditor within twenty days from the mak-
ing of such order, who shall thereupon fix a date for a hear-
ing thereon. At any time on or before the day set for said
hearing said corporation may, in writing, file exceptions '
to said plans and specifications, or ask for any change or
alteration thereof, and of the materials out of which the
same is ordered to be constructed, which may be granted
or refused by said commissioners as' may seem just and
proper. Upcm the approval of such plans and specifications
as made, or as may be changed at said hearing, the com-
missioners shall, at once, proceed to fix a time for the let-
ting of said improvement by bids as provided in section
447B of this chapter, and as soon as said improvement is
completed assess said corporation with the costs of con-
structing and letting the same, and such assessment shall
be a lien upon the property of the corporation, and be col-
lected as other taxes, or they may order the same to be

County ditches:

Commissioners
may require
any bridg^e or
culvert to be
enlarg^cd.

Dimensions of
improvement
to be deter-
mined by com-
missioners; cor-
poration af-
fected to make
same.

Failure of cor-
poration to
make improve-
ment.

Exceptions to
plans and
specifications,
etc.

Letting of im-
provement ;
costs to be
assessed against
corporation.

374

collected from such corpK>ration by an action at law, as
they deem proper. Such corporations shall be served as
in other cases.
Repeals. SECTION 2. That Said original section 4495 be and

the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 266G

Assessments:

Repair of
streets, avenues,
highways and
alleys in Cin-
cinnati.

Method of
proceedure.

[House Bill No. 820.]

AN ACT

Supplementary to section 2293 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following section be enacted as
supplementary to section 2293 of the Revised Statutes, with
sectional numbering as herein provided:

Sec. 2293/i. In cities of the first grade of the first class,
the board of administration or board of city affairs or their
successors in office, shall have authority to repave any
streets, avenues, highways or alleys in such cities which
have been heretofore paved with boulders, cobble stone or
limestone and paid for at the expense in port or in whole
of the property fronting or abutting on such streets, aven-
ues, highways or alleys by causing a new pavement of any
other material to be placed upon the old foundation under
such pavement, and the method of procedure in such cases
shaU be as follows, viz.:

1. The provisions contained in paragraphs 1, 2, 3
and 5 of section 2293a, as enacted April 25, 1885, shall
apply to the repaving under this act, and be the mode of
procedure hereunder, except that the provision for a change
of grade as provided in paragraph 2, shall not apply here-
under, it being the purpose of the act that such repaving
shall be done upon the grade of said street when first paved.

2. All material necessary to be removed from any
street, avenue, highway or alley where such repavement
is to be made, shall go to and become the property of the
contractor as part compensation for such repavement, and
the advertisement for bids shall state that said materials
are to go to the contractor, so that all bidders may know
that fact and make their bids with reference thereto.

3. One-half of the cost of any such repavement shall
be paid by the city at large, upon order of said board of
administration or board of city affairs or their successors

375

in office out of the fund herein provided for such repave-
ment. Such cities shall be considered property owners
as to any property belonging to the corporation abutting
upon the streets, avenues, highways or alleys so repaved;
provided however that the one-half of the cost of any such
repavement, so paid by the city at large, shall be held
to include all other costs of such repavement, required to
be paid by the corporation including the cost as to inter-
sections. One-half of the entire cost of such repavement
shall be assessed upon the parcels of fctnd abounding or
abutting upon the streets, avenues, highways or alleys so
repaved in the manner provided by law for improvement of
streets or alleys.

4. In order to provide a fund for cairying on said
repaving, and paying so much of the cost thereof as is herein
provid^ to be paid by the city at large, it shall be lawful
for said board of administration or board of city affairs
or their successors in office to issue bonds in the name of
such city, under the corporate seal thereof, in addition to
any amounts now authorized by law for such purposes,
during each year of the four fiscal years following the
passage of this act, in such amounts as they may deem
necessary, not to exceed in any one year the sum of one
hundred- thousand dollars, in addition to the amounts now
authorized by law; provided, that all of said sum for which
bonds may be issued during any one year need not be
expended or paid out during the year in which said bonds
are issued. Said bonds shall be made payable in not less
than ten years and not more than twenty years from the
date of their issue, and bear interest at a rate not exceed-
ing four per centum per annum; said bonds shall be signed
by the president of said board of administration or board
of city affairs or their successors in office and attested by
the mayor of such city, and a tax which it shall be the duty
of the council of said city, or their successors in office, an-
nually to levy upon all the taxable property of such city,
and certify the same to the county auditor, upon a certifi-
cate to that effect, from the board of administration or
board of city affairs or their successors in office, as
the amount necessary to pay the interest thereon, and to
provide a sinking fund for the final redemption of said
bonds. The tax shall be in addition to the amount now
authorized by law to be levied for municipal purposes.

5. Said board of administration or board of city affairs
or their successors in office, shall receive bids for said bonds,
from time to time as they are issued, after advertising the
same for sale once per week, for four consecutive weeks,
on' the saime day of ttoeweek^ in. some newspaper of general
circulation in such city, and shall sell the same for not less
than the par value thereof, to the highest bidder; the money
arising from the sale of said bonds shall be placed in a
fund to be called "the repavement fund," and a careful
account of the condition of said fund shall be separately

376

kept by the city comptroUer or auditor or his successor
in office.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. ^lASOX,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of tfw Scnatt.
Passed April 26, 1898. 267G

officers : pow-
ers and duties:

Police judge in
Dayton to per-
form and exer-
cise powers
and jurisdic-
tion of mayor :
compensation
of mayor ; how
payable ; oflfice
of clerk of
mayor's court
abolished.

Repeals.

[House Bill No. 883.]

AN ACT

To amend section 1744a of the Revised Statutes of Ohio.

Section 1. Be it enacted by tlie General Assembly of
the State of Ohio, That section 1744a of the Revised Statutes
be and is hereby so amended as to read as fcJlows :

Sec. 1744a. That in cities of the second grade of the
second class the powers and jurisdiction ol the mayor, as
provided in section 1744, Revised Statutes, shall be per-
formed, enforced and exerciseiJ by the police judge herein
provided for. And the mayor in such cities shall receive
an annual salary of eight hundred dollars, payable monthly
from the city treasury; in such cities of the second grade
of the second class, the office of clerk of the mayor's court
is hereby abolished.

Section 2. That said original section 1744a be and
the same is hereby repealed.

Section 8. This act shall take effect and be in force
on and after its passage.

HARRY C. MASOX,
Speaker of the House of Represetitativcs.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.

Passed April 26, 1808. 2080

County treas-
urer:

County de-
pository.

[House Bill No. 821.]

AN ACT

To amend section 1136—1 of the Revised Statutes of Ohio.

Section 1. Be it enacted by tfw General Assembly o^'
the State of Ohio, That section 1186—1 of the Revised Sut-
utes of Ohio be amended so as to read as follows:

Sec. 1136 — 1. In each county where depositories are
not otherwise authorized by law, the commissioners thereof
may designate in the manner hereinafter provided, -a bank
situated in such county, and duly incorporated under the

377

laws of this state, or of the United States as a depository
of the money of the county; provided, that in any county
where no such bank exists, that the commissioners of said
county may designate any other bank located and doing
business in the county.

Section 2. That said original section 1136 — 1 of the Repeals, etc.
Revised Statutes is hereby repealed, and this act shall take
effect and be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 269G

[House Bill No. 819.]

AN ACT

To amend section 2440 of the Revised Statutes of Ohio.

Section 1. Be it enacted by tlie General Assembly of
the State of Ohio, That section 2440 of the Revised Statutes ^^'St^^^P*^^'
be so amerKied as to read as follows:

Sec. 2440. The board shall h^ve power to appoint a 5?'E?i"nar"hli
fire marshal, who shall be the executive officer of the board, and other
and have the active management of the fire department ^ *^^*^®"
when in service, and such number of assistant fire marshals
as may, in the judgment of the board, be required for an
effeaive management of the department, whose terms of
office shall be three years, and until their successors are
elected and qualified. And the board shall appoint such
other officers and employes as may be necessary for the
efficient management of the* department, who shall hold
their positions until removed by death, resignation, or for
incompetency, inefficiency, permanent disability, insubordi-
nation, or violation of a rule or regulation of the department.
Xo member or officer shall be appointed or removed on
account of his religious or political opinion, nor shall any
officer or member participate in poHtical conventions, or
primary convocations of any political party whatever. The salaries,
board shall fix the salaries and prescribe the duties of the
fire marshal, assistants, and of all officers and members of
the department, provided, however, that as to the following
officers and members of the department the annual salaries
shall be fixed within the following prescribed Hmits, viz.:
Fire marshal, not less than |3,000, nor more than $^,500;
first assistant fire marshal, not less than f2,000 nor more
than |2,500; other assistant fire matshals, not less than
H,800, nor more than |2,200; secretary, not less than
11,800, nor more than |2,200; assistant secretar\', not less
than 11,080, nor more than f 1,150; captains, not less than
?1,260, nor more than |1,400; lieutenants, not less than

378

"Repeals.

$1,116, noi- more than Jl,200; engineers, not less than
f 1,200, nor more than |1,350; stokers or assistant engi-
neers, not less than |1,080, nor more than f 1,150; pipemen,
truckmen, linemen, or repairers, drivers and plugmen, not
less than Jl,080, nor more than f 1,150; assistant superin-
tendent of fire alarm telegraph, not less than |1,600, nor
more than f 1,800; operators, not less than Jl,140, nor more
than f 1,200; assistant operators, not less than |600, nor
more than J900; and the said annual salaries shall be pay-
able semi-monthly.

Section 2. That original section 2440 of the Revised
Statutes be, and the same is hereby repealed.

Section 3. This act shall be in force and take effect
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 270G

Appropriations
to pay deficien-
cies and liabil-
ities.

[House Bill No. 836.]

AN ACT

Making appropriations to pay deficiencies and liabilities existing
prior to February 16, 1898.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following sums be and are hereby
appropriated out of any moneys in the treasury to the credit
of the general revenue fund not otherwise appropriated,
to pay deficiencies and liabilities, as herein specified, exist-
ing prior to February 15, 1898, to wit:

Ohio National Guard,

Per diem and subsistence Cos. B and D, 3d in-
fantry, on duty at Urbana f 1,533 25

Per diem and subsistence Co. M, 5th infantry, .

on duty at Fairport 310 51

Per diem and subsistence, 5th infantry, acting
in aid of civil authority, Qeveismd, July

and August, 1896 18,171 08

Per diem and subsistence, 5th infantry, acting
in aid of civil authority, July and Aug^t,

1896, Berea quarries 10,390 16

General court martial 5th infantry 7,169 55

Court of inquiry battery A 190 70

Transportation 8,500 00

For payment of interest on Ohio national

guard liabilities 2,965 93

Costs in armory rent cases at Canton, 1896. . 86 02

Uniforms for navaJ brigade 4,960 00

379

Rent of armories 1,803 10 ^PP'°'3jgJ^°°!

Shipping report of Chickamauga commission . 300 00 des^^nd Uawf-"

William Taylor, merchandise purchased in ^^^*'-

1891 58 95

Horses lost in service of state 318 00

Ohio national guard duty during floods of

1898 1,590 18

Subsistence and horse hire for 17th Ohio na-
tional guard 939 60

State House and Grounds.

Electric light, state house 1 12,704 61

The Columbus electric light company for wire,
fixtures and iron electric light poles for
arc lights 500 00

Charles A. Klie, plumbing bill, 1895 46 90

Agricultural Experiment Station.

Substations for field experiments % 350 00

General repairs, labor and supplies 1,100 00

State Board of Agriculture.
Cutting window in office f 200 00

Attorney- General,

Contingent expenses % 169 75

Osborne and Reynolds for legal services in
soldiers' and sailors' orphans' home
habeas corpus case 100 00

Jones and Anderson for services as attorneys
in case of state of Ohio ex rel. vs. John
W. Baker et al 150 00

Board of Arbitration,
Expenses of board % 4,000 00

Board of Public Works.

Canal repairs f 23,400 00

Canal repairs, Miami and Erie canal 11,176 97

Peter Fomoff, damage claim 220 06

Canal repairs, southern division Ohio canal. . 4,944 75

Canal Commission,
Expenses of sale Walhonding canal % 126 00

Dairy and Food Catnmissioner,

Inspection and prosecutions, publication and

payment of clerks and stenographer 2,500 00

380

Fish and Game Commission,
to'pIJ^d^fideS- Expenses of fish and game commission f 3,000 00

cies and liabil-

Workshops and Factories.

Salaries of two bakeshop inspectors % 3,774 lH

Additional salary high explosive inspector. . 1,388 S^i

Legislature.

Carpets, matting and renovatii^ carpets for

senate f 1,077 87

Carpets, matting and renovating carpets for

house . 884 8S

Care of both houses 100 OD

Plumbing for senate 206 Oo

Superintendent of Insurance.

Extra clerks % 1.200 On

Furniture, carpets and repairs 500 00

Expenses of examination 153 CK)

For legal services 2,000 00

Bureau of Building and Loan Associations.

Salary of clerk 1 204 39

Salaries of extra clerks 825 00

Contingent expenses 121 50

Supervisor^ of Public Printing.

Printing and mounting iftaps for legislature. $5,600 00
State binding 15,000 00

Treasurer of State.
Collecting auditor of state's drafts |375 00

Ohio Penitetttiary,

Salaries of guards % 11,542 67

Ordinary repairs 2,802 82

Frank Koehne, for services by order of board

of managers 250 00

Ohio State Reformatory .

Salaries of officers and guards f 7,039 55

Clothing 1,287 3;^

Columbus State Hospital.

New boilers |13,000 00

Ordinary repairs 2,920 01

Dayton State Hospital.

Drilling test wells 1 1,500 00

Ordinary repairs 375 00

381

Toledo State Hospital,

Salaries of officers and trustees' expenses $ 82 00 ^PP^^^/ig^i^;?

Elevator for boiler house 500 00 cies andiiabii-

Addition to laundry building and machinery. 5,500 00 ^^'*'*
Finishing and equipping addition to laundry

building^ 5,000 00

OrcHnary repairs 375 00

Boys^ Industrial School.

Water supply, sewerage and sewerage disposal % 1,500 00
Expert engineers to investigate sewerage and

water system 500 00

Institution for Deaf and Dumb,

Ordinary repairs % 1,400 00

Ordinary repairs 1,101 55

Hospital for Epileptics.
Construction % 10,461 58

Miscellaneous.

A. G. Pauley, for paindng portrait of Hon.

Wm. McKinley $500 00

Retouching portrait of Gov. Bishop 50 00

Inaugural expenses 519 35

Martin Dodge, expenses incurred as president

road ccMiimissioa and compensation 2,000 00

Expense of Ohio cenitennial commission 199 50

Wm. T. Clark, attorney court martial 5th

regiment Ohio national guard 1,325 00

John J. Clark, father of Robert V. Clark, late
private of company L, 8th regiment in-
fantry, Ohio njitional guard, and now liv-
ing at Canton, Stark county, Ohio, the
sum of two hundred and five dollars,
which shall be in full liquidation and pay-
ment to the family of said Robert V.
Clark, who died from disease contracted
in the line of his duty as a member of the
Ohio national guard while aiding in sup-
pressing disturbances near Wheeling
creek in 1894 205 00

Sallic T. Brown, for services as cleric in the

house 50 00

Edward H. Fitch's estate, expenses and com-
pensation 1,620 64

Hartcr and Cosley for material furnished com-
pany K, 5th Vegiment, O. N. G 7 05

Expenses of commission for interchange of

products between public institutions 1,500 00

For costs and expenses incurred by Picka-
wav county in the case of the state of
Ohio vs. Alonzo B. Coit. 2,800 00

382

Section 2. The moneys herein appropriated to pay
liabilities existing prior to February 15, 1898, which were
not incurred in accordance with fetw, shall not be available
until on or after July 15, 1898, and it shall be the duty o:
the auditor of state to see that these provisions are complied
with.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatiics.
ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 271G

[House Bill No. 842.]

AN ACT

Making appropriations for the last three-quarters of the fiscal year
ending November 15, 1899, and the first quarter of the fiscal
year ending February 15, 1900.

Section 1. Be it enacted by the General Assembly or

General appro- the State of Ohio, That the following sums, for the purposes

^and^igw. hereinafter specified, are appropriated out of any moneys

in the state treasury to the credit of the general revenue

fund not otherwise appropriated, subject to draft on and

after February 16, 1899, to wit:

Adjutant Generates Department.

Salary of adjutant general $2,000 00

Salary of assistant adjutant general 1,500 ^

Salary of chief clerk 1,400 00

Salaries of clerks 6,000 00

Salary of superinitendenit of state arsenal 1,400 00

Transportation of indigent soldiers 200 00

Contingent expenses and inspections 2,500 00

Salary of stenographer 600 0(»

Ohio National Guard,

Pay of Ohio national guard % 45,000 00

Subsistence of Ohio national guard 15,500 <X>

Fuel, lumber, straw and medical supplies,

Ohio national guard 3,500 00

Transportation Ohio national guard 14,000 00

Horse hire Ohio national guard 4,000 00

Forage for horses Ohio national guard 600 00

Incidental expenses of military companies . . . 16,000 00

Uniforms, overcoats and blankets 10,000 00

Tents and repairs 4,000 00

Care of military stores and freight on arms. . 1,000 00

Rent of armories 33,600 00

383

Improvement state camp-ground at Newark. 5,000 00 General appro-^

Repair of state arsenal 100 00 FSg and \m

State House and Grounds.

Salary of superintendent of labor $ 900 00

SaJar)' of engineer ' 1,000 00

Salaries of two firemen 1,540 00

Salary of visitor's attendant 720 00

Salary of janitor of flag room 720 00

Salary of day policeman 720 00

Salary of night policeman 800 00

Salaries of four (4) regular laborers 2,504 00

Extra labor 2,000 00

Fuel for state house 1,800 00

^faterial and repairs 2,400 00

Care and repair of heating apparatus 1,425 00

Water rent 667 00

Flags for staite house / 100 00

Electric light for sta.te house 7,200 00

Agricultural Experiment Station.

Expenses, of board of control $300 00

Bulletin illustration 400 00

Special work in entomolc^y, botany, horti-
culture and chemistry 3,000 00

Substations for field experiments 2,800 00

General repairs, labor and supplies 3,500 00

Attorney-GeneraL

Salary of attomey-genieral % 1,500 00

Fees on collections 1,500 00

Salary of assistant aittomey-generaJ 1,500 00

Salary of clerk 900 00

Contingenit expenses 900 00

Books and furniture 125 00

Assistant counsel . . . , 5,300 00

Auditor of State.

Salary of auditor of state % 3,000 00

Salary of chief clerk. : 2,400 00

Salary of railroad and' bank clerk 1,950 00

Salary of book-keeper 1,950 OO

Salary of land clerk 1,500 00

Salary of canal and trust fund clerk 1,400 OO

Salary of statistician 1,350 00

Salary of corresponding clerk 800 00

Salaries of excise clerks 2,850 00

Transcribing land records 1,500 00

Contingent expenses 3,000 00

Carpets, furniture and repairs 150 00

Collecting excise taxes 500 00

384

, Land Department.
^^riatfois^fjr* Transcribing records f 1,350 00

.1899 and 1900.

State Archcrological and Hiitoricat Society.

Expenses f2,000 00

Care of Fort Ancient 500 00

Publications 700 00

Field work 500 00

State Board of Agricutture.

Encouragenieat of agriculture % 10,000 00

Contingent expenses 2,400 00

Crop and stock reporting service 2,400 00

State Board of Appraisers and Assessors.

Salaries of members % 4,500 00

Contingent expenses^ 1,000 00

Board of Arbitration.
For per diem and expenses of members f 3,000 00

Board of State Charities,
Expenses of board % 5,000 00

Board of Health.
Expenses of board J14,000 (H)

Board of Pardons.

Salaries of members % 3,000 00

Salary of secretary 300 00

Expenses of board 800 00

Board of Public Works.

For keeping in repair and improvement of
Miami and Erie canal, all of its earnings
and balances, and % 7,000 00

For constructing culverts at Dutch run anjd
other places along the Miami and Erie
canal, in Paulding county five thousand
dollars, to be paid out of the earnings ol
the Miami and Erie canal, the location of
said culverts to be determined by the com-
sioners of Paulding county and the chief
engineer of the state board of public works 5,000 00

For making repairs and improving banks of
Lewiston reservoir, now known as Indian
lake 4,000 00

For the northern division of Ohio canal and
Walhonding canal, all its earnings and
balances, and 24,000 00

For the southern division of Ohio canal, all of

its earnings and balances, and 28,000 00

385

Provided, That should either division of the General appro-

Ohio canal or both be sold or abandoned, Fsa? and* qSk

the foregoing amount shall revert to the
state treasury. »

Salaries of members 2,400 00

Salaries of engineers 3,600 00

Salary of secretary 1,500 00

Salary of clerk 700 00

Traveling expenses of members 1,800 00

Contingent expense 500 00

Canal Commission.

Salary of canal commission % 3,000 00

Expenses of canal commission 5,600 00

Dairy and Food Commission.

Salary of commissioner .^ f 2,000 00

Expenses of commissioner. . .' 1,200 00

Salaries of assistant commissioners 2,000 00

Expenses of assistant commissioners 1,600 00

Inspection, analysis, publication and payment

of clerks and stenographer 20,000 00

Attorneys fees, to be expended according to

the provisions of section 202, as amended 15,000 00

Contingent expenses .' 800 00

Fish a?id Game Commission.

Expenses of commission $ 10,000 00

Maintaining pheasantry 4,000 00

Maintaining fish pond 1,000 00

Live Stock Commission.

Expenses of commission % 3,000 00

Commissioner of Labor Statistics.

Salary of commissioner f 2,000 00

Traveling expenses of commissioner 550 00

Salary of chief clerk 1,300 00

Salaries of two clerks 1,320 00

Salary of stenographer , 720 00

Contingent expenses 8,500 00

Printing Commission.

For printing paper 1 30,000 00

Commissioner of Common Schools.

Salary of commissioner % 2,000 00

Salary of chief clerk 1,750 00

Salary of statistical derk 1,200 00

Salary of stenographer 600 00

Traveling expenses of commisssioner 750 00

386

General appro- Contingent expenses 900 00

r^fanrim Boxing and shipping 300 00

Per diem and expenses of state board of exam-
iners 750 00

Furniture and repairs 190 00

Commissioner of Railroads and Telegraphs,

Uses and purposes 1 6,000 00

Provided, however, that said sum shall be de-
ducted from the assessment of railroad
companies for 1899, due and payable in
the state treasury on or before August 1,
1899, pursuant to "An act to provide for
annual reports of railroad companies to
the commissioner of railroads and tele-
graphs, and providing mieans for main-
taining police supervision of said rail-
roads," passed April 10, 1894, and the
auditor of state is hereby authorized and
directed to make such deductions.
For the uses and purposes of the commissioner
of railroads and telegraphs offices, |15,000,
or so much thereof as may be paid into the
state treasury pursuant to an act entitled
"An act to provide for annual reports of
, railroad companies to the commissioner
of railroads and telegraphs and providing
means for maintaining police supervision
of said roads," i>assed April 19, 1894,
and from the moneys herein appropri-
ated the following salaries shall be paid:

Salary of commissioner 3,000 GO

Salary of chief clerk . 2,000 00

Salary of inspector 1,200 00

Salary of statistician 1,200 00

Salary of recording clerk 1,200 00

Salary of one clerk 1,200 00

Executiie Dcparlment.

Salary of governor 1 8,000 00

Salary of lieutenant-governor 800 00

Salarv of private secretary 800 00

Salary of executive clerk 1,800 OO

Salary of commission clerk 1,500 00

Salary of corresponding clerk 1,500 00

Contingent expenses 2,400 00

Slate Horticultural Society.

Expenses of state horticultural society % 1,000 OO

Chief Inspector of H fines.

Salary of chief inspector |2,000 00

Salaries of district inspectors 8,400 00

387

Clerk hire * 1,050 00 General appro-

Salar)' of stenographer 600 00 few and^isw.

Contingent expenses 5,400 00

Attorney's fees , 200 00

Furniture and repairs 200 00

Inspector of Workshops and Factories.

Salary of chief inspector f 2,000 00

Traveling expenses of chief inspector 500 00

Salaries of district and bakeshop inspectors

(thirteen) 13,000 00

Traveling expenses of district and bakeshop

inspectors 6,500 00

Qerk hire 4,500 00

Additional salary high explosive inspector 800 OO

Contingent exi>enses 1,100 00^

Furniture and repairs 100 00

Scientific appliances 200 00-

Judiciary.
Salaries of judges f 345,000 00

Law Library.

Salary of librarian r f 1,500 00

Salary of assistant law librarian 1,200 00

Books and catalogueing 2,500 00

Contingent expenses 300 00

Legislature.

For salaries of members of general assembly,
to be paid in one installment on or after
February 16, 1899 |87,000 00

Expenses of legislative committee 1,000 00

For the clerks of the senate and house of rep-
resentatives, twenty-five hundred dollars,
each which may be paid to them in semi-
monthly installments on vouchers drawn
and properly receipted by each ; and this
amount shall be in lieu of all compensa-
tion or allowances provided for in sec-
tions 41 and 43 of the Revised Statutes 5,000 00

For the payment of the sergeant^at-arms of

the house 500 00

For the payment of the sergeant-at-arms of

the senate 500 00

To be paid said sergeants-at-arms on approval
of the auditor of state in four equal
monthly installments, beginning Januarv
31, 1809.

Contingent expense of senate clerk 150 00

Contingent expense of house clerk 150 00

Contingent expense for care of both houses . . 1,800 00

388

General appro- FoF Frederick Blankner, third assistant ser-
SS?and\m geanit-at-arms of the house, for taking
charge of senate chamber, hall of the
house and committee rooms during the
year 1899, and for taking care of the bill-
books and other property of the mem-
bers, as requested by them, sixteen hun-
dred (f 1,600) dollars, to be paid to him in
semi-monthly installments on the warrant
of the auditor of state. For an assistant
for said Frederick Blankner in the per-
formance of the foregoing duties at the
rate of two dollars per day, when by him
necessarily employed, six hundred dollars
(f600), to be paid to said assistant on the
warrant of the auditor of state, twenty-
two hundred dollars 2,200 00

Prosecution and Transportation of Convicts.

Prosecution and transportation of convicts to
Ohio penitenjtiar>', reformatory and boys'
industrial school % 150,000 00

Prosecution Ohio IVar Ciaifns Against General Government.

Salary of agent 1 1,500 00

Expenses of agent 600 00

• Secretary of State.

Salary of secretary of state % 2,000 00

Salary of state supervisor of elections 1,000 00

Salary of chief clerk 2,400 00

Salary of statistical clerk 1,350 00

Salary of stationery clerk 1,350 00

Salary of proof reading clerk 1,350 00

Salary of corporation clerk 1,350 00

Salary of assistant corporation clerk 1,350 00

Salary of recording clerk 1,350 00

Salary of superintendent of book room 1,000 00

Salary of stenographer 1,250 00

Contingent expenses 1,600 00

Distribution of books 3,000 00

Stationery 9,000 00

Steel file cases, furniture and repairs 1,400 00

State Library.

Salary of librarian % 1,500 00

Salary of assistant librarian 1,200 00

Salary of stenographer 720 00

Salary of janitor 900 00

Contingent expenses and extra labor 1,200 00

Books and papers 2,500 00

Tmveling library 4,000 ^

389

Super int end etU of Insurance.

Salary of superintendent % 2,000 00 G«nerai appro-
Salary of deputy superintendent 1,800 00 rSgand^isS)!

Salary of examining clerk ^. 1,500 00

Salary of book-keeper 1,500 00

Salary of statistical clerk. 1,500 00

Salary of corresi>onding clerk 1,200 00

Salary of license clerk 1,000 00

Salary of mailing clerk. 1,000 00

Salaries extra clerks 2,000 00

Salary of janitor 600 00

Salary of actuary ". 250 00

Contingent expenses 1,900 00

Furniture, repirs and carpets 150 00

Bureau of Building and Loan Associations.

Salary of inspector f 1,000 00

Salary of deputy inspector 1,800 00

Salary of chief clerk 1,200 00

Salary of clerk 1,000 00

Salary of extra clerks 800 00

Salary of mailing clerk 200 00

Salary of janitor 120 00

Contingent expenses 600 00

Supervisor oj Public Printing.

State printing 1 40,000 00

State binding 45,000 00

Salary of supervisor 2,000 00

Contingent expenses 250 00

Supreme Court.

Salary of stenographer 1 1,200 00

Contingent expenses 300 00

Furniture, cleaning and rex)airs 100 00

Salary of janitor 1,000 00

Salary of messenger 1,000 00

Clerh oJ the Supreme Court.

Salary of clerk 1 1,500 00

Salary of first deputy 1,450 00

Salary of second deputy 1,250 00

Salary of stenographer 800 00

Salary of janitor 200 00

Contingent expenses 500 00

Reporter oJ the Supreme Court.

Salary of reporter % 1,500 00

Contingent expenses 800 00

390

General appro-

Eriations for
$99 and 1900.

Treasurer of State.

Salary of treasurer of state 1 3,000 00

Salary of cashier 2,400 00

Salary of two book-keepers 3,300 00

Salary of two night watchmen 1,800 00

Salary of corresponding clerk 600 00

Contingent expenses 1,200 00

Collecting auditor of state's drafts 2,500 00

Ohio Penitentiary,

Per diem of managers f 5,000 00

Salaries of officers 25,000 00

Salaries of guards 90,000 00

Current expenses 197,000 00

Ordinary repairs 17,000 00

Manufacture of gas and improvement of lights 16,000 00

Rewards to discharged convicts 34,000 00

Sewerage and water-works 4,000 00

Expenses of executions 2,000 00

Moral and religious instruction and library. . 750 00

Ohio State Reformatory,

Salaries of managers % 3,000 00

Salaries of officers 23,000 00

Salaries of guards 33,000 00

Current expenses 80,000 00

Ordinary repairs 3,000 00

Rewards 5,000 00

Furniture, carpets and bedding 2,000 00

Library 300 00

Construction 75,000 00

Athens State Hospital,

Current expenses % 112,000 00

Salaries of officers and trustees' expenses 5,800 00

Ordinary repairs and improvements, includ-
ing furniture and carpets. 12,000 00

Books and pictures for wards 200 00

For purchase of land 4,500 00

Cleveland State Hospital,

Current expenses % 143,000 00

Salaries of officers and trustees' expenses .... 6,600 00
Ordinary repairs and improvements, includ-
ing furniture, carpets and bedding 10,000 00

Books, pictures and surgical instruments. . . . 200 00

Electric light plant 5,000 00

Columbus State Hospital,

Current expenses % 175,000 00

Salaries of officers and trustees* expenses 7,100 00

Ordinary repairs and improvements 12,000 00

391

Dayton State Hospital.

Current expenses $ 107,000 00 ^rutfois ??r **"

Salaries of officers and trustees* expenses 6,000 00 Tswand^im

Ordinary repairs and improvementSj includ-
ing furniture and carpets 10,000 00

Water-works 8,000 00

For purchase 6! land 10,000 00

Longview State Hospital.

Current expenses % 155,000 00

This sum is for the support of the insane in
said institution, and shall be paid into
the county treasury of Hamilton county
monithly, as may be necessary in payment
of the current expenses of said institution.
Requisitions shall be made by the trustees
of said hospital upon th-e auditor of Ham-
ilton county, and copies thereof furnished
to the auditor of state, whereupon he shall
issue 'his warrant upon the state treasurer
in favor of the treasurer of Hamilton
county for such amount, and said appro-
priations shall discharge the state from all
legal and equitable obligations to said
institution for the year commencing Feb-
ruary 15, 1899, and ending February 15,

1900.

Massillott State Hospital.

Current expenses $ 60,000 00

Salaries of officers and trustees' exi>enses .... 5,000 00

For construction of cottages, office building,

auditorium and superintendent's residence 100,000 00

Purchase of land and buildings, to be avail-
able after completion of switch 10,000 00

Toledo State Hospital.

Current expenses $ 176,000 00

Salaries of officers and trustees* expenses 7,100 00

Ordinary repairs and improvements, includ-
ing furniture and carpets 15,000 00

Enlarging and remodeling cottages and wards 15,000 00

Hospital and furnishing ' 27,000 00

Purchase of eighty-four acres of land 15,000 00

Boys' Industrial School.

Current expenses $ 68,000 00

Salaries of officers and teachers and trustees'

expenses 35,000 00

Ordinary repairs and improvements, includ-
ing furniture and carpets. 8,000 00

Rewards 800 00

Ministerial and lectures 300 00

Amusements 300 00

392

General appro- Water supply, sewcTage and sewerage dis-

rSganTim posal 12,000 00

Construction of cottage 8,000 00

Provided that the exceptions to the peniten-
tiary in section 782, Revised Statutes of
Ohio, shall be extended to the boys' in-
dustrial school.

Girls' Industrial Home.

Current expenses 1 17,000 00

Salaries of officers and teachers and trustees'

expenses 18,500 00

Ordinary repairs and improvements, includ-
ing furniture, carpets, library and music . 8,000 00

Expenses of lady visiting committee 100 00

Religious services 300 00

Amusements 250 00

Institution for the Blind,

Current expenses f 48,000 00

Salaries of officers and teachers, and trustees'

expenses 15,000 00

Ordinary repairs and improvements, includ-
ing furniture and carpets 9,000 00

Oculist 750 00

Institution for the Education of the Deaf \

Current expenses f 60,000 00

Salaries of officers and teachers and trustees'

expenses 31,500 00

Ordinary repairs and improvements, includ-
ing furniture and carpets. 7,000 00

Foremen and supplies of the industrial depart-
ment 5)500 00

Lumber and nails for boxes 1,000 00

For completion of school building and electric

light plant 60,000 00

Institution for the Feeble-Minded Youth.

Current expenses % 118,000 00

Salaries of officers and teachers and trustees'

expenses * 17,500 00

Ordinary repairs and improvements, includ-
ing furniture and carpets 12,000 00

For constructing hospital and balance 10,000 00

Provided that the exceptions to the peniten-
tiary in section 782, Revised Statutes of
Ohio, shall be extended to the institution
for feeble-minded youth.

Ohio Soldiers' and Sailors' Home.

Current expenses and clothing, balances,
amount received from the general gov-
ernment, and f 66,000 00

393

Salaries of officers and trustees* expenses 8,500 00 General appro-

Ordinary repairs and improvements, includ- fS9and*i9S[

ing furniture, carpets and bedding 12,000 00

Ohio Soldiers' and Sailors' Orphans' Home. '

Current expenses % 118,000 00

Salaries of officers and teachers and trustees'

expenses 25,500 00

Ordinary repairs and improvements, includ-
ing furniture and carpets 14,000 00

Industrial pursuits 8,000 00

Salaries of foremen and instructors 10,000 00

Net earnings 2,200 00

Amusements 500 00

Services in chapel 300 00

Support of orphans outside 3,500 00

For library and school books and magazines. 500 00 ^

New boilers 1,800 00

Ohio Hospital for Epileptics.

Current expenses 1 115,000 00

Salaries of officers and trustees* expenses 9,900 00

Ordinary repairs and improvements 8,000 00

Transportation of inmates to and from hospital 3,000 00
For construction 42,500 OG

Miscellaneous.

Pension for Mrs. J. P. Brush $ 96 00

Painting portrait of Gov. Bushnell 500 00

Thomas McDougal, in full for legal services

in Nichols tax cases 7,500 00

John K. Richards, in full for legal services in

Nichols tax cases 7,500 00

Section 2. The moneys appropriated in the preced-
ing section shall not be used or paid out for purposes other
than those for which said sums are specifically appropri-
ated as aforesaid.

Section 3. No bills for clerk hire, for furniture or
carpets, or for newspapers shall be made out' of appropri-
ations made for contingent expenses; and no money herein
appropriated shall be drawn except on a requisition on the
auditor of state, approved by the head of each department
or the trustees of the institution, which shall set forth the
service rendered or material furnished, and the date of pur-
chase and the time of service, and it shall be the duty of
the auditor of state to see that these provisions are com-
plied with. No bills for extra clerk hire in favor of any
clerk or clerks, while drawing salaries from the state, shall

394

be allowed from any amount hereby appropriated, and this
act shall take effect on its passage.

HARRY C. MASON,
Speaker *of the House of Representatives.

ASAHEL W. JONES,
President of the Saiate.
Passed April 25, 1898. 272G

Jiirif;diction in
error :

Proceedings in
error; limita-
tions.

Repeals, etc.

[Senate Bill No. 319.]

AN ACT

To amend section 6723 of the Revised Statates.

Section 1. Be it enacted by tlie General Assetnbly of
the State of Ohio, That section 6723 of the Revised Statutes
be amended to read as follows:

Sec. 6723. No proceedings to reverse, vacate or mod-
ify a judgment or final order shall be commenced, unless
within four months after the rendition of the judgment or
the making of the final order complained of; or in case
the person entitled to such proceedings is an infant, a per-
son of luisound mind or imprisoned, within four months
as aforesaid, exclusive of the time of such disability.

Sfxtion 2. That said section 6723 be repealed, and
this act shall take effect from and after September 1, 189S.

HARRY C. MASON,

Speaker of the House of Representatives,

ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 273G

Fire depart-
ment :

Officers and
salaries in
Cleveland.

[House Bill No. 865.]

AN ACT

To amend section 2468 of the Re\nsed Statutes of Ohio, as amended
April 27, 1890.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2468 of the Revised Statutes
of Ohio as amended April 27, 1896, be amended so as to
read as follows:

Sec. 2468. In all cities of the second grade of the
first class there shall be one chief of the fire department
whose salary shall be not less than thirty-five hundred dol-
lars nor more than thirty-six hundred dollars per annum;
and a first, second, third, fourth, fifth -and sixth assistant
chief, each of whom shall receive a salary of eighteen hun-
dred dollars per annum ; and other members of such depart-
ment not otherwise provided for by law shall receive the

"^\\ 'P>i

395

followmg annual salaries: Captains nat kss than ten hun-
dred and eight}' dollars nor more than fifteen hundred dol-
lars; engineers not less than ten hundred and eighty dollars
nor more than fifteen hundred dollars ; lieutenants not less
than nine hundred and sixty dollars nor more than thirteen
hundred and fifty dollars ; assistant engineers not less than
nine hundred and sixty dollars nor more than thirteen
hundred and fifty dollars; chief operator not less than twelve
hundred dollars nor more than fifteen hundred dollars;
operators not less than nine hundred and sixty dollars nor
more than thirteen hundred and fifty dollars ; store-keeper
not kss than nine hundred and sixty dollars nor more than
thirteen hundred and fifty dollars; firemen not less than
nine hundred dollars nor more than twelve hundred dol-
lars; linemen not less than nine hundred and sixty dollars
nor more than twelve hundred dollars; superintendent of
machinery not less than thirteen hundred dollars nor more
than eighteen hundred dollars ; secretar}^ not less than six-
teen hundred dollars nor more than two thousand dollars;
the pay in all cases except as otherwise pro\nded to be fixed
by the city council and the salaries to be paid semi-monthly
to the persons entitled thereto.

Section 2. That said original section 2468 of the Repeals.
Revised Statutes of Ohio as amended April 27, 1896, be
and the same is hereby repealed.

Section 3. This act shall take eflfect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives. *
ASAHEL W. TONES,

President of the Senate.
Passed April 26, 1898. 274G

[ House Bin No. 858. ]

AN ACT

To amend section 4607 of the Revised Statutes of Ohio, as amended
April 13, 1892 (89 O. L., '2o7).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4607 of the Revised Statutes Levees:
of Ohio, as amended April 13, 1892 (89 O. L., 257), be
amended so as to read as follows:

Sec. 4607. When it becomes necessary to repair any Repair of icveea.
levee constructed under the provisions of this chapter or
under any other law, or under any agreement of the owners
of the lands affected by such levee, the same shall be done
under the provisions of this chapter, and the proceedings
therefor shall conform as far as possible to proceedings
under this chapter for the location of a levee; provided, Repair of icvees
however, that in counties containing a city of the first grade iSunty" issue
of the second class when such repair shall be made neces- o^^^^^s.
sar\^ bv reason of the destruction of such levee bv a sudden

396

Repeals.

flood the board of county commissioners of suoh county
if in their judgment they shall deem it to be necessary for
public health, convenience or welfare to make such repair
without delay at the expense of such county, shall therefor
have the power to issue the bonds of such county in the
aggregate sum not to exceed fifteen thousand -dollars
(115,000) as other bonds of said county are issued, and
shall further have the power to advertise for bids for a
period of ten (10) days by publication in such manner as
is otherwise provided by law, and shall enter into a written
contract with the lowest and best bidder for the making
of such repairs according to the plans and specifications
therefor which shall be made prior to the invitation for
such bids by the county engineer of such county, the due
performance of such contract to be secured by bond in
such sum and with such sureties as sliall be required by
the said board of county commissioners. After the making
of such repairs at the expense of such county, such levee
shall thereafter be kept in repair according to the other
provisions of this chapter.

Section 2. That section 4607, as the same was
amended April 13, 1892 (89 O. L., 257), be and the same is
hereby repealed.

Section 3. That this act shall be in force on and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES.
President of the Sefiate.

Passed April 26, 1898. 275G

Police boards
and officers :

Compensation
and salaries of
officers and
patrolmen in

Cleveland.

[House Bill No. 864.]

AN ACT

To amend section 1939 of the Revised Statutes of the state of Ohio^
as amended April 4, 1894 (91 O. L., 117).

Section 1. Be it enacted by the Gefteral Assembly of
the State of Ohio, That section 1939 of the Revised Statutes
of Ohio as amended April 4, 1894, be amended so as to
read as folloAVs:

Sec. 1939. In all cities of the second grade of tlie
first class the following officers and patrolmen of the police
force shall receive the following salaries per annum: The
superintendent not less than thirty-five hundred dollars and
not more than thirty-six hundred dollars; deputy superin-
tendent not less than two thousand dollars and not more
than twenty-five hundred dollars; each captain not less
than fifteen hundred dollars and not more than eighteen
hundred dollars; each lieutenant and detective not less
than twelve hundred dollars and not more than fifteen hun-
dred dollars; police surgeon not less than thirteen hun-
dred dollars and not more than fifteen hundred dollars;

397

each sergeant not less than deven hundred dollars
and not more than thirteen (hundred dollars; each patrol-
man not less than seven hundred and eighty dollars
and not more than seven hundred and ninety-two dollars
far the first year's service; not less than eight hundred
and forty dollars and not more than eight hundred and
fifty-two dollars for the second year's service; not less
than nine hundred dollars and not more than nine hundred
and twelve dollars for the third year's service; not less
than nine hundred atid sixty dollars and not more than
nine hundred and seventy-two dollars for the fourth year's
service; not less than one thousand dollars nor more than
twelve hundred dollars for the fifth and each subsequent
year of service, provided patrolmen on said force at the
time of the passage of this act shall continue to receive not
less than their present salaries per annum; provided fur-
ther, the director of police shall have the power to appoint
one or more of the patrolmen as clerks to the superintendent
of police or secretary of the director of police who shall
receive a salary and rank of sergeants; the pay in all said
cases to be fixed by the city council and the salaries to
be paid semi-monthly to the persons entitled thereto.

Sfxtion 2. That said original section 1939 as amended Repeals-
April 4, 1894, be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 26, 1898. 276G

U. i

[House Bill No. 894]

AN ACT

Supplementing section 2515 of the Revised Statutes of Ohio, by
adding thereto sections 2515-33a and 2515-33^.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2515 of the Revised Statutes, ^J^^f^*°^y„,
as heretofore supplemented, be further supplemented by ^" ^csrroun.
enacting sections 2515 — 33o and 2515 — 336 to read as fol-
lows:

Sec. 2515 — 33a. The common council of any city of i^easeofcity
the third grade of the first class shall have authority, for |?ouiJds i
the term and upon the conditions hereinafter contained, Toledo to
to lease and deliver possession of any park or grounds
belonging to such city, or so much thereof as said common
council may deem necessary or proper, to any corporation
duly incorporated under the laws of the state of Ohio for
tlra purpose only of conducting and holding thereon a public
expasitloo designed for the education, edification and enter-

cen-
tennial expo-
sition company.

398

lBSU« of bonds
for improve-
ment of park
and grrounds.

Commission to
have charge of
expenditure of
proceeds of
bonds : how ap-
pointed.

taimnent of th« public, and more especially for the purpose
of commemorating the important historic deeds performed
in the settlement of the state of Ohio, and showing the great
progress miade by this state along financial, industrial, com-
mercial and -educational lines since the admission of said
state into the union. Any lease or leases, however, ^U
not be for a term extending beyond December 31, 19(Kl
Said common council shall not lease more than one park
or tract of ground for said purpose in said city, and not
more thati nine hundred and fifty acres thereof. Said lease
shall contain such provisions as to rental, terms, conditions,
and as to the improvement and beautifying of said park
or tract of land as the common council may deenl best
Said lease shall provide as to the condition in which said
park or tract of land shall be left at the expiration of said
term, and shall further provide that any and all improve-
ments of every name, nature and description made or placed
upon said park or tract of land by the lessee or any subten-
ant thereof, and remaining upon the said grounds for six
months after the expiration of said term, Siall thereby at
once become and be the property of the said city, and
said lessee, or any subtenant thereof, shall in no way, man-
ner or form have any estate, interest or title in or to said
park or tract of land six months after the term of said lease.
Said lease, after having been approved by the common
council, shall be executed in the name of said city by the
mayor and clerk thereof.

Sec. 2515 — 33&. Whenever the authorities of any city
of the third grade of the first class shall lease any park or
grounds belonging to such city, as provided in supple-
mental section 2515 — 33o, the common council of any such
city shall have and is hereby given authority to issue bonds
not exceeding in amount the sum of on-e hundred and fifty
thousand dollars, which may be sold, or so much thereof
as may be deemed necessary, the proceeds of which shall
be devoted to no other purpose than to tlie improvement
of such park or grounds so leased, including the erection
and construction thereon of. any building or buildings, or
other structure. Said bonds may be made payable at such
time or times as the common council may direct, but not
exceeding a term of fifty years, and bear such rate of interest
as the common council may determine, not exceeding four
per cent., payable annually or semi-annually. Whenever
a petition signed by at least fifty citizens of any such city
shall be filed with the city clerk asking that a commission
be appointed, a commission consisting of nine members
shall be appointed as follows, viz.: One member shall be
elected by the board of park commissioners of such city;
three members shall be elected by the common council of
such city, and three members thereof shall upc»i motion of
the city solicitor of any such city, be appointed by the judges
of the court of common pleas resident of the county in
which any such city is located, and upon like motion of

399

said city solicitor two members thereof shall be appointed
by the probate judge of such county, the members of which
commission shall all be citizens of such city, and who shall
have charge of the expenditure of the proceeds of such
bonds. Said commissioners shall each be required to give
bond in the sum of ten thousand dollars for the faithful
performance of their duties, conditioned according to law.
Said commission shall meet immediately after their appoint-
ment and shall elect one of their members as president,. and
shall also elect a secretary who shall not be a member of such
commission, and whose compensation shall be fixed by said
commission. Said commission shall have full authority to
employ such other and additional clerical or other assistance
as they may deem necessary. Said commission shall have
full authority to take possession of said park and grounds
and to plan and superintend the construction and erection of
any and all buildings or other structures upon said park or
grounds, and the making of all improvements thereon, and
to fully perform on behalf of said city each and all of the
obligations imposed upon said city, in accordance with the
terms and provisions of the lease executed by such city.
The funrf realized from the sale of said bonds, or any part
thereof, and also any and all monies received from the rent
of said park or grounds, or otherwise by said commission,
shall be deposited in the city treasury of any such city and
shall be drawn and disbursed by said commission in the
same manner as the park fund is drawn and disbursed
by the park board of any such city. Said commissioners
shall each receive the sum of twenty-five dollars per month
from said fund in full compensation for their services; said
salary to continue only until such time as such improve-
ment and construction shall have been completed. The
term of office of said commissioners shall be two years
from the date of their appointment, and in tlie event that
such work is not completed the successors to said commis-
sioners may be reappointed for a like term in the same
manner as hereinbefore provided. In the event of a vacancy
for any cause in said commission such vacancy shall be
filled by the same appointing power as made the original
appointment.

Section 2. Any and all acts or parts of acts incon-
sistent herewith are hereby declared void as to such incon-
sistency but not otherwise, and this act shall take effect on
its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 277G

Bond.

Organization ;
secretary ; com-
pensation.

Powers and
duties of com-
mission.

Disposition of
receipts of sale
of bonds and
for rents.

Compensation-
of commission-
ers.

Term of office.

Vacancies.

Inconsistent
provisions de-
clared void ; etc.

400

Jkppropriations
to pay interest
oon public debt.

[House Bill No. 896.]

AN ACT

Making appropriations out of the sinking fund to pay the interest
ou bonds issued to defray the expenses of the national guard,
naval militia and volunteers of the state in defense of the state,
and for the interest on bonds issued by the state board of agri-
culture.

Section 1. Be it enacted by the General Assembly of
the State of OhiOj That there be and is hereby appropriated
from any money that may be in the stajte treasury, or that
may come into the state treasury to the credit of the sink-
ing fund not otherwise appropriated, the following sums
for the purposes herein named: Sixty thousand (f 60,000)
dollars, or so njuch thereof as may be necessary to pay
the interest falling due on January 1, 1899, July 1, lS9Ji,
and January 1, 1900, on such sum or sums of money as may
be borrowed from time to time by the commissioners of the
sinking fund, for the purpose of defraying the expenses
of the national guard, naval militia and volunteers of the
state in defense of the state, to repel invasion, suppress
insurrections and defend the state in war, as authorized and
required by an act of the general assembly, passed April 8,
1898. For the purpose of paying the interest on bonds
issued by the state board of agriculture, for the extension
and improvements of the state fair grounds, as authorized
by an act of the general assembly, passed April 12, 1898.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 278G

appropriation
for the publica*
tion of Howe's
historical col-
lections.

[House Bill No. 892.]

AN ACT

Making appropriation for the publishing and distribution of Howe's
history of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be and is hereby appropriated
out of any moneys in the state treasury to the credit of
the general revenue fund, not otherwise apprc^riated, the
sum of thirteen thousand (f 13,000) dollars, for the purpose
of publishing and distributing eight thousand five hundred
(8,500) sets of Howe's history of Ohio, in accordance with
senate joint resolution, adopted on the second day of Feb-
ruary, 1898. The contract for publishing said sets to be

401

let by the state printing commission, in accordance with
the law governing such contracts.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 279G

[House Bill No. 566.]

AN ACT

To regulate certificate, bond and investment companies, partnerships
and associations, other than building and loan companies, and
to regulate investment guaranty companies, partnerships and
associations doin^ business on the service dividend plan, and to
protect holders of their certificates, debentures and securities.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That every corporation, partnership and ^u}5^*of*^^nd
association, other than a building and loan company, doing aSd^^invcstment
in this state the business of placing or selling certificates, <^o"»p«"»^«-
bonds, debentures, or other investment securities of any
kiiKi or description, on the partial payment or installment
plan, and every investment guaranty company doing busi-
ness on the service dividend plan, shall, before doing busi-
ness in Ohio, deposit with the state treasurer twenty-five
thousand dollars either in cash or bonds of the United
States or of the state of Ohio, or of any county or municipal
corporation in the state of Ohio, for the protection of the in-
vestors in such certificates, debentures, or other investment
securities. And in addition thereto, the said company, part-
nership or association shall, on or before the tenth day of
January of each year, deposit with the said treasurer, either
in cash or bonds of the United States or of the state of
Ohio, or of any county or municipal corporation in the
state of Ohio, ten per cent, of the gross receipts on the
amount of business done by it in the state of Ohio for the
twelve months next preceding the thirty-first day of De-
cember. The said deposit shall be made each year as afore-
said, until the total amount of such cash or bonds so depos-
ited shall be worth one hundred thousand dollars.

Section 2. Every such corporation, partnership and statement and
association shall, as a condition precedent to transacting mJi" j*??"c ""^
business in this state, comply with the followinfif conditions, filed as a condi-

tn nrif • *^*^" precedent

I'l Wll. to engaging in

First. It shall file with the inspector of building and

loan associations, a certified copy of its charter or articles

of incorporation, constitution and by-laws, and other rules

and regulations showing its manner of conducting business.

402

Ilispeolor to is-
anc certificate.

ICTOcations.

Atterest OB (le«-
MMited Mcnri-
Ses.

^greitts Te«|<iBreii
to he Ucensed.

ftltntnt 8t«te>-
ment of com-

yftates.

Second. It shall also file with the inspector a state-
ment under oath of the presidient and secretary or other
managing officer in the form by the inspector required,
of its business for the preceding year.

Third. It shall also file with the inspector an appoint-
ment of a resident attorney in each county within this state
in which it does business upon whom service of process
may be had, and upon compliance herewith the secretary
of state shall issue to the said corporation upon its applica-
tion all certificates permitted and required to be issued to
foreign corporations doing business in Ohio, upon pay-
ment of the statutory fees provided by law to be paid
therefor.

Section 3. Whenever such company, partnership or
association has complied with the provisions of this act,
and the inspector is satisfied that it is doing business in
accordance with law, he shall issue to such company, part-
nership or association a certificate of authority to do busi-
ness in Ohia Annually thereafter, upon the filing of the
annual statement herein piiovided for, if the inspector shall
be satisfied as aforesaid, he shall issue a renewal of such
certificate of authority. And said authority shall be re-
voked wihenever the inspector on investigation or exami-
nation finds that such company, partnership or association
is not transacting business in accordance with law, or that
the statennent of its condition and affairs required under
the provisions of this act are false and fraudulent, or for
failure to file the anntial stateiment.

Section 4. Every such company, partnership and
association may collect and use the interest of any securities
so deposited, so long as it fulfills its obligations and com-
plies with provisions of this act. It may also exchange
them for other securities of equal value and satisfactory to
the treasurer.

Section 5. It shall be unlawful for any agent of every
such company, partnership or association to transact busi-
ness in this state without being first regularly appointed
thereby and being licensed by a certificate of authority
issued by the inspector.

Section 6. Every such corporation, partnership and
association doing business in tliis state shsill, annually here-
after, and on or before the tenth day of January, file with
the inspector under oath of the president and secretar>',
or other managing officer in the form by said inspector re-
quired, a statement of its business for the twelve month?
next preceding the thirty-first day of December. Such an
abstract thereof as the inspector may require shall be posted
for sixty days in the principal office of such company, part-
nership or association, and also published in some ne^ys-
paper having a general circulation in the county in which
the principal office or place of business Of such company,

403

partnership or association is situate. And the said inspector
shall verify said report by an examina^tion of the affairs
of said company, partnership or association, and he may
make quarterly examinations of the affairs of said
company, partnership or association, if he deems the
same necessary, and he shall receive as fees for the same
the sura of five dollars per day and necessary expenses
for the actual time employed in making such examination,
which shall be paid by the company, partnership or associa-
tion examined; and if, upon such examination, it shall
appear thait such company, partnership or association) is
not carrying on its business in accordance with law, or that
its affairs are being improperly managed, the inspector,
after notice to such compamy, partnership or association
of at least ten days, shall institute proceedings in quo war-
ranto against <said company, partnership or association in
the manner provided by law.

Section 7. The acting and deputy inspector of build-
ing and loan associations is hereby made ex officio super-
visor of such companies, partnerships and associations. It
shall be his duty to see that all the laws of this state relating
to such compamies, partnerships and associations are faith-
fully executed, and as compensation for his services as such
supervisor he shall receive the sum of six hundred dollars
per year.

Section 8. Every such company, partnership and
association [shall] pay to the inspector the following fees,
which shall be paid into the state treasury, to wit: For filing
each application for admission to do business in this state,
<Mie hundred dollars ; for each certificate of authority, and
annual renewal of same, fifty dollars; for filing each annual
statement, twenty-five dollars; for issuing license to each
agent, two dollars ; for each copy of paper filed in his office,
fifty cents per foJio; for affixing seal and certifying any paper,
one dollar. Provided, however, that the inspector may re-
tain from the fees so received by him up to the close of the
fiscal year ending February 15, 1900, a sum sufficient to pay
the salaries and necessary expenses provided for in this act
up to said time. '

Section 9. Any officer, agent or representative of any
such company, partnership or association who shall attempt
to place or sell any certificates, debentures or other invest-
ment securities or transact any business whatsoever in the
name or on behalf of such company, partnership or asso-
ciation when such company, partnership or association has
failed or refused to comply with the provisions of this act,
or shall fail to file with the inspector of building and loan
associations the statement or report herein provided to be
filed, shall be deemed guilty of a misdemeanor, and on
conviction thereof, shall be fined not less than one hundred
dollars nor more than one thousand dollars for each offense,
or be imprisoned in the county jail for not less than thirty
days nor more than six months, or both.

Bxamiuations
by inspector ;
fees and expen-
ses therefor.

Proceedings to
be instituted to
oust company
conducting:
business unlaw-
fuHv.

Deputy inspec-
tor is supervisor
of companies ;
duties; compen-
sation.

License fees.

I' J

Penalty for at-
tempting to
transact busi-
ness for com-
pany failing or
refusing to com-
ply

'; -

404

Section 10. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 280G

County sur-
veyor :

Record to be
kept by county
surveyor; fees.

[House Bin No. 592.]

AN ACT

To amend section 1178 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assewbly of
the State of Ohio, That section 1178 of the Revised Statutes
of Ohio be and the same is hereby amended to read as
follows :

Sec. 1178. The county surveyor shall make and keep
in a book to be provided for that purpose an accurate record
of all surveys made by himself or his deputies for the pur-
pose of locating any land or road lines, or fixing any comer
or monument by which the same may be determined,
whether official or otherwise, which surveys shall include
comers, distances, azimuths, angles, calculations, plats and
a description of the monuments set up, with such refer-
ences thereto as will aid in finding the same, together with
the names of the parties for whom made, the date of making
the same, which book shall be kept as a public record by
the county surveyor at his office, and shall be at all proper
times open to inspection and examination by all persons
interested therein, and shall receive the same fees as is no^v
allowed county recorder for like work; and also any other
surveys made in the county by competent surveyors, duly
certified by such surveyor to be correct and deemed worthy
of preservation, may, by order of the commissioners, be
recorded by the county surveyor and paid for as above
provided.

Section 2. This act shall be in force and take effect
from and after its passage.

HARRY C. MASON,
Speaker of the House of RepresentatkiS.

ASAHEL W. JONES.

Presidefit of the Senati.
Passed April 25, 1898. 281G

405

[House Bill No. 587.J

AN ACT

To amend sections 110 as amended March .S, 1898; 112 as amended
(80 O. Lm 212) ; 113 as amended (80 O. L., 212) ; 114 [and] 118 as
amended (91 O. L., 34) of the Revised Statutes of the state of
Ohio.

Section 1. Be it enacted by the General Assembly of
tk State of Ohio, That sections 110 as amende, 112 as Governor:
amended, 113 as amended, 114, [and] 118 as amended, of
the Revised Statutes of Ohio, be and said sections are
hereby amended so as to read as follows:

Sec. 110. ITie governor may appoint and commission Appointment of
as notary public, as many persons of the age of 21 years "^^**"*«^ pubhc.
or over, who are citizens of this state, residing in the several
counties for which they are appointed, as he may deem
necessary; provided, however, that citizens of this state Persons resid-
of the age of 21 years, or over, whose postoffice address is J!ifitrc"s??uatcd
a city, village or hamlet situated in two or more counties in iSJ^t1eY;"Sw
this state, may be appointed and commissioned for all ot commissioned,
said counties within which said city, village or hamlet is
situated ; and th« governor shall have the authority to revoke Revocation of
any commission issued to any notary upon the presenta- <^°™"»s*'»°°-
tion of satisfactory evidence of official misconduct or inca-
pacity; but before making any such appointment, each certificate of
applicant shall produce to the governor a certificate from J"^*^^-
a judge of the common pleas court, circuit court,' or supreme
court, that the applicant is of good moral character, a citizen
of the county in which he resides, and possessed of suffi-
cient qualifications and ability to discharge the duties of
the office of notary public; but no such judge shall issue
such certificate until he is satisfied from his personal knowl-
edge that such applicant possesses the qualifications neces-
sary- to a proper discharge of the duties of such office, and Examination of
in case of a want of such knowledge, then not until such *^^ ^*°*'
applicant has passed an examination showing that he pos-
sesses such knowledge, under such rules and regulations
as such judge shall prescribe.

Sec. 112. Each notary public so appointed and com- Term of office;
missioned shall hold his office for the term of three years ^°"^'*^^^-
(if so long he behave well) unless his commission shall
be revok-ed, and before entering upon the duties of his
office he shall give bond to the state of Ohio in the sum
of fifteen hundred dollars, with sureties to be approved by
the governor, conditioned for the faithful discharge of the
duties of the office, a copy of which bond shall t^ filed in
the office of the clerk of the court of common pleas of
the county in which he resides, and of each county for
which he shall have been appointed. And he shall take
and subscribe an oath to be endorsed on his commission.

Sec. 113. Before entering upon the discharge of his Notary to pro-
duties he shall provide himself with an official seal, as the "^ifi^Jr^^ ''''^
same is prescribed by law; he shall also provide himself

40G

Commission to
be recorded.

Powers of nota-
ries public.

Repeals, etc.

with an official register, in which shall be recorded a copy
of every certificate of protest and copy of note; such seal
and such record shall be exempt from execution; ami upon
the death, expiration of office without reappointment, or
removal from office of any notary public, his official register
shall be deposited in the office of the recorder of the county
in which said noitar}' resides.

Sec. 114. Each notary public so commissioned shall,
before entering upon the duties of his office, leave his com-
mission with Uie oath thereon endorsed, with the clerk of
the court of common pleas, in the county in whioh h€
resides, and of each county, for which he shall have been
appointed, for the purpose of being recorded by each of
said clerks.

Sec. 118. Each notary public duly appointed, commis-
sioned, and qualified shall have power, within the county
in which he resides and of each coifnty for which he shall
have been appointed, to administer all oaths required or
authorized by law to be administered in this state, to take
and certify depositions, to take and certify to all acknowl-
edgments of deeds, mortgages, liens, powers of attorney
and other instruments of writing and to receive, make and
record notarial protests, and if the postoffice which is re-
corded in the governor's office as the address of any notary
public is in a city, village or hamlet situated in two or more
counties in this state, such notary public shall have power
to receive, make and record notarial protests within those
parts of such counties as are within the established limits
of such cities, village or hamlet.

Section 2. Said sections 110 as amended March 3,
1898; 112 as amended (80 O. L., 212); 113 as amended
(80 O. L., 212); 114 and 118 as amended (91 O. L., 34),
be and the same are hereby repealed and this act shall take
effect and be in force from ajnd after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 26, 1898. 282G

[House Bill No. 569.]

AN ACT

For the relief of Robert Joiner, George Churchman and Charles W.
Banks, who were injured at the state institution for feeble-
minded youth.

Section 1. Be it enacted by the General Assembly of
fb? «rtiin*iS- '*^ ^'^'^ ^^ ^^^* '^^^^ ^^ auditor of state is authorized and
sons. required to issue his warrant on the treasury to pay to

-%v'^

407

Robert Joiner, George Churchman and Charles W. Banks,
the sum of twelve hundred dollars out of any money in
the treasury [to the credit] of the general revenue fund, not
otherwise appropriated, which sum shall be in full liquida-
tion and payment to said Robert Joiner, George Chiirch-
man and Charles W. Banks, for permanent injuries received
caused by a gas explosion while said Robert Joiner, George
Churchman and Charles W. Banks were engaged in the
employment of the state of Ohio at the state institution
for feeble-minded youth. The said Robert Joiner to receive
two hundred dollars, the said George Churchman to receive
five hundred dollars, and the said Charles W. Banks to
receive five humdred dollars of said sum so appropriated;
that there shall be paid to each of said persons 'herein named JJ^^JJggf"*'
the sum of twenty-five dollars on the first Monday of each
and every month until the same is fully paid.

Section 2. This act to take effect on and after its
I>assage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. . 283G

[Senate Bill No. 647.]
AN ACT

To amend section 879 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 879 of the Revised Statutes ^JSJ^.
be so amended as to read as follows: sjonew:

Sec. 879. Wiben in the opinion of the commissioners commiMiowws
it is necessary to procure real estate, or the right of way, or SS5X?SXrt-
easement for a court-house, jail, or public offices, or for iic*!S&clSior*"'*^
any bridge and the approaches thereto, or other lawful brid^re*.
structure, and they and the owner or owners thereof arc
unable to agree upon its purchase and sale, or the amount
of damages to be awarded, the commissioners may appro-
priate the same, amd for this purpose they shall cause an
accurate survey and description of the parcel of land needed
for such purpose, to be made, or in case of a bridge of
4e right of way and easement required, and shall file the
same with the probate judge of the county, and thereupon
the same procejedings shall be had, which are provided
for the appropriation of private property by municipal cor-
porations.

Section 2. That original section 879, be and the same Repeal*.
is herd>y repealed.

"Sf

408

Section 3. This [act] shall take effect and be in force
frcwn and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES.

President of the Senate,
Passed April 26, 1898. 284G

Prosecuting at-
torney :

Duty of prose-
cuting attorney
as to restraining
orders.

Failure, refusal
or disability of
prosecuting at-
torney to insti-
tute suit ; tax-
I>ayer may bring
action.

[ House Bill No. 546.]

AN ACT

To amend sections 1277 and 1278 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That sections 1277 and 1278 of the Revised
Statutes of Ohio be amended so as to read as follows:

Sec. 1277. The prosecuting attorneys of the several
counties of the state, upon being satisfied that the funds ot
the county, or any public moneys in the hands of the
county treasurer, or belonging to the county, are about to
be, or have been' mAsapplied, or that any such public moneys
have been illegally draA\'n out of or withheld from the
county treasury, or that a contract in oontravetition of the
laws of this state has been, or is about to be entered into,
or has been, or is being executed, or that a contract was
procured by fraud or corruption, may apply by civil action
in the name of the state to a court of competent jurisdic-
tion, to restrain such contemplated misapplication of funds,
or the completion of any such illegal contract not fully
completed, or to recover back for the use of the county,
all such public moneys so misapplied or so illegally drawn
out or withheld from the county treasury, or to recover
for the benefit of the count}^ any damages resulting from
the execution of any such illegal contract.

Sec. 1278. In case the prosecuting attorney fails, upon
a written request of any taxpayer of the county, to make
the application or institute the civil action contemplated
in the preceding section, such taxpayer may make such
application or institute such civil action in the name of
the state ; or, in any case wherein the prosecuting attorney
is authorized to make any such application, bring any such
suit or institute any such proceedings against any county
officer or person holding or having held any county office,
for any misconduct in office, neglect of any duty prescribed
by law, to recover money illegally drawn out of or illegally
withheld from the county treasury, or to recover damages
resulting from the execution of any such illegal contract
as mentioned and referred to in the preoedang section, and
upon the written request of any taxpayer of the county,
to bring any such suit or institute any such proceedings,
shall fail, neglect or refuse so to do, or where for any

409

reason the prosecuting attorney can not bring such action,
or where the prosecuting attorney has received and unlaw-
fully withheld moneys belonging to the county, or has
received or drawn out of the county treasury, public moneys
which he is not lawfully entitled to demand and receive,
any taxpayer, upon securing the costs, is hereby author-
ized to bring any such suit, or institute any such proceed-
ings, in the name of the state and any such action shall
be for the benefit of the county, the same as if brought
by the prosecuting aittomey.

Section 2. Said original sections 1277 and 1278 of Repeals, etc.
the Revised Statutes of Ohio are each hereby repealed, and
this act shall take effect and be in force from and after its
passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 285G

[Senate Bill No. 545.]

AN ACT

To amend section 2690r of the Revised Statutes, as amended March
29, 1886 ( O. L., V. 83, page 47 ).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 2690c of the Revised Stat- Finance and
utes of Ohio, as amended March 29, 1886 (O. L., v. 83, '^*^^'°" =
page 47), be so amended as to read as follows:

Sec. 2690c. No tax shall be* levied upon the property Approval of
of any such city, by the council thereof, or any other author-
ity therein, except by the boards of education in cities of
the first grade of the first class, and in cities of the third
gjade of the first class, for school and educational pur-
poses, until approved by the board of tax commissioners
aforesaid. Providied that in cities of the third grade of
the first class boards of education shall not levy in excess
of seven (7) mills upon the dollar of the taxable prof>erty
thereof, in any one year.

Section 2. Tha»t said section 2690c, as amended Repeals.
March 29, 1886, be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 286G

levies by tax
coraniissioners
of certain cities.

Limitation on
levy.

410

fo?^°

riation
. Rankin.

[Senate Bill No. 529.]
AN ACT

For the relief of A. B. Rankin, sheriff of Fayette county, Ohio, in
the case of the state of Ohio vs. Joseph Nevin.

Section 1. Be it enacted by the General Assembly [of
the State] of Ohio, That there be and is hereby appropriated
out of any money in the state treasury not otherwise appro-
priated the sum of three hundred and fifty dollars for the
purpose of paying A. B. Rankin, sheriff of Fayette county,
for services required of him in the case of the state of
Ohio vs. Joseph Nevin.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 287G

Warrant in
favor of Harry
B. Perkins.

[House Bin No. 520.]

AN ACT

For the relief of Harry B. Perkins, a private in company " B " 5Ui
regiment of infantry, O. N. G.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the auditor of the state of Ohio be,
and he is hereby, atUihorized and required to issue his war-
rant on the state treasurer, to pay to Harry B. Perkins,
out of the general revenue fimd, not otherwise appropri-
ated, the sum^ of five hundred dollar<s, to compensate him
for loss of time, and to reimburse him for expense incurred,
by reason of injury resulting from a pistol shot wound
of the left thi^ih, reoeivod while in the discharge of his duty
as a private m Co. "B," 5th regiment of infantry, 0. N.
G., at the works of the Brown hoisting and conveying
machine company, during the labor troubles at Qeveland,
Ohio, in the months of July and August, 1896.

Section 2. This act sihall take effect and be in force
from and alter its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed April 25, 1898. 288G

411

[House Bill No. 519.]

AN ACT
To prevent lynching.

Section 1. Be it enacted by the General Assembly of

the State of Ohio, That whoever shall break into or attempt ^«°*^^y ^^J

to break into a jail or any prison, or to attack an officer, jailor attacking:

with intent to seize a prisoner for the purpose of lynching, l^r^J^lr^^

shall be dieemed guilty of a felonv, and shall be confined lynching^ pri«-

, . . ^ e * 1 1 oner.

in the penitentiary for not more than ten years nor less
than one year.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

Passed April 25, 1898.

ASAHEL W. JONES,

President of the Senate.
289G

[Senate Bill No. 509.]

AN ACT

To amend section 4884 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 4884 of the Revised Statutes *^^^p?^^ ^oad^ ■
of Ohio be so aim ended as to read as follows: ^^^""^

Sec. 4884. If the tax and labor provided for in section General tax for
4881 be found insufficient to keep such roads in good re- prS?id roadS"
pair, the county commissioners shall determine and levy
such additional pike repair tax as may be found necessary
to keep the same in good repair and condition for public
travel, upon all of the taxable property of the county;
except upon the townships of such county now improving
or which may hereafter improve the public roads of such
townships under the provisions of [act], as passed March 13,
1896 (92 O. L., page 63), not exceeding one mill on the
dollar in any year, which sdiall be collected as other taxes
and paid by the county treasurer to the various pike
superintendents in such sums and proportions as the com-
missioners may direct, they having first determined what
proportion of the fund shall be set apart to the credit
of each township of such county other than those improv-
ing their roads under the provisions of [act], as passed
March 13, 1896 (92 O. L., page 63), or which may hereafter
improve its roads in accordance with said act ; and the com-
missioners in determining the division of the fund shall
be governed, not by the miles of pike in each township,
but by the necessities of the roads or convenience of getting
material or quality of material necessary to make substan-

V 412

tial repairs, and shall make a just and equitable division
of the fund between the several townships from which the
same was collected, to be paid to the superintendents upon
warrants of the auditor.
Repeals. SECTION 2. That Said section 4884 as amended March

9, 1880 (77 O. L., page 55), be and the same is hereby
repealed.

Section 3. Tlhis act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Setiate.
Passed April 26, 1898. 290G

Ohio national
g-uard :

Diahonoiable
discharge of
officer.

Repeals, etc.

[Senate Bill No. 508.]

AN ACT

To amend section 3051 of the Revised Statutes of Ohio, as amcflded
April 18, 1892 {89 O. L., page 412).

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 3051 of the Revised Statutes,
as amended April 18, 1892, be and the same is hereby
amended so as to read as follows:

Sec. 3051. An officer may be discharged by the com-
mander-in-chief upon the report of a court of inquiry, ap-
pointed by the g-ovemor, or to carry out the sentence of
a court-martial.

Section 2. Said original section 3051 is hereby re-
pealed, and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 291G

[House Bill No. 657.]

AN ACT
To refund to W. T. Grundel taxes illegally assessed. >

Whereas, On the 24th day of April, 1893, the gen-
eral assembly of the state of Ohio enacted a law entitied
"An act to tax the business of trafficking in cigarettes or
cigarette wrappers," by virtue of which retail dealers in
cigarettes were taxed in the sum of flOO annually, which
said act was to take effect and be in force on and after
August 1, 1893; and,

413

Whereas, On the 18th day of May, 1894, the gen-
eral assembly of the state of Ohio repealed said law; and,

Whereas, The supreme court of the state of Ohio,
in the case of Metz vs. Hagerty, 51 O. S., 521, at tlie term
of said court, held that said law did not take effect until
the first day of January, 1894, and that said tax could not
be legally collected for any portion of the year 1893 ; and,

Whereas, The said W. T. Grundel, a retail dealer in
cigarettes, did, upon demand of the auditor of Portage
county, pay into the treasury of said coimty the tax levied
by said act upon retail dealers in cigarettes, for that portion
of the year 1893, from August 1 and for the first half of the
year 1894, amounting to |80.86, which amount was equally
divided between the general revenue fund of the state of
Ohio and the general fund of the county of Portage; now,
therefore,

Section 1. Be it enacted by the General Assembfy of ^^/de^tSW^^
the State of Ohio, That the said sum of |80.86 so illegally crundei.
assessed and collected from; said W. T. Grundel be repaid
to him; and the auditor of the state of Ohio is hereby
directed and required to draw his warrant on the treasurer
of state in favor of said W. T. Grundel for the sum of |40.43,
payable out of the general revenue fund of said -state; and
the auditor of the county of Portage is hereby directed
and required to draw his warrant on the treasurer of said
county in favor of said W. T. Grundel for the sum of ^0.43,
payable out of the general fund of said county.

Section 2. That there be and is hereby appropriaited Appropriation,
out of any funds in the state treasury to the credit of the
general revenue fund and not otherwise appropriated, the
sum of ^0.43, for the payment of said w^irant.

Section 3. This act shall take effect aind be in force
from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate. ^

Passed April 26, 1898. ^ 292G

[House Bill No. 663.]

AN ACT

To supplement section 5044 of the Revised Statutes of Ohio.

Section 1. Be it enacted by tlie General Assembly of
the State of Ohio, That section 5044 of the Revised Statutes Actual service
of Ohio be supplemerwted as follows:

Sec: 5044a. When the property in this state of any Howscr\'cd
foreign corporation, railroad or otherwise, is in the posses- J!^r*^ra[fd5"iu
sbn or control of a receiver appointed by anv court, state ^^p*^^ of re-

_fj, , '^'^ f. -^ , * .. ceiver.

or tederal, at the commerucement of any action against saul

414

corporation, summons may be served upon any agent of
the receiver upon whom valid service couW- be made under
any other provision of this chapter, if the agent was the
agent of the corporation itself.

Section 2. This act shall take effect and be in force
from and after its passage.

HARRY C MASOX,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 293G

[House Bill No. 647.]
AN ACT

Justices of the
peace:

Salary of jus-
tices m Colum-
bus ; how pay-
able; affidavit
to be filed by
justice.

Vacation of jus-
tice.

Office hours of
justices.

Office hours of
clerk.

To amend sectious 621^ and 621^ and to supplement section 621 of
the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the following sections be enacted
amendatory to sections 621c and 621d, and supplementary
to section 621 of the Revised Statutes of Ohio:

Sec. 621c. In all cities in this sta/te of the first grade
of the second class, each justice of the peace, for services
rendered, shall receive in lieu of all fees an annual salary
of fifteen hundred dollars, ^yable in monthly installments,
out of the city treasury, on the warrant of the director oi
accounts of said city; but no such warrant shall be granted
by said director of accounts until the justice asking for the
same has made and filed with him his affidavit, setting forth
the number of days he has been in actual attendance at
his court room ready for business, during the period which
the warrant is intended to cover; and k>r such time thus
spent in attendance to business only, shall he be allowed
in such warrant, a deduction of three dollars being made
for each day's absence; but if he is unable to attend to the
duties of his office by reason of illness, or other necessary
or unavoidable cause, he shall be charged with no lost time;
provided, however, that a vacation of three weeks shall be
allowed each justice annually, but not more than two judges
[justices] shall be absent on such vacation at anyone period
Each of said justices shall have his coint room opened
and he shall be in attendance at the duties of his office
therein, from at least eight-thirty o'clock a. m. until eleven-
thirty o'clock a. m., and from one-thirty o'clock p. m. until
four-thirty o'clock p. m., each standard time; provided,
tha/t where either of said justices is actually engaged in
the trial of a suit he shall so continue until at least five
o'clock p. m., when it shall be necessary to do so in order
to finish the trial of said suit; and the said clerk's office
hereinafter mentioned shall be open continuously from
eight-thirty o'clock a. m. until five o'clock p. m., t)oth

415

standard time, each day, excepting legal holidays. All orig-
inal writs issued by said justices shall be returnable at eight
o'clock a, m. or on/e o'clock p. m., both standard time.
There shall be but four justices of the peace for any and all Number of jus-
townships and parts of townships whose boundaries are ^**
or may hereafter be witihin the limits of a dty of the first
g^de of the second class. The board of public works and offices fj«J"«-
the city council of such city of the first grade of the second «nd*ju^ r(?ms.
class, shall provide suitable court rooms by the last Monday
in October after the passage of this bill for the accommo-
dation of said justices of the f>eace, and also an office for
the clerks hereinafter mentioned ; also such jury rooms as
may be necessary, which offices and rooms shall be con-
tiguous to each other. And said board of public works
and city council shall assume the payment of any remaining
rental which any of the said justices shall have incurred
by way of a oonitract of lease previous to the passage of
this act. , The said board of public works and the city ^^^\^^;
council shall ako provide necessary dockets, indexes, books, court'rcports,
including a set of the Ohio and Ohio sta/te reports, circuit *^'^-
court reports, statutes. Swan's treatises, blanks, stationery,
himiture, fuel and telephone for the use of said justices
and clerks.

Sec. 621d. In all cities in this state of the first grade
of the second class, there shall be one clerk and three dep-
uty clerks, all of whom shall be electors, for. said justices
of the peace. The said clerk shall be known as the clerk
of the justices* courts for such city. The justices shall
meet at the court room of the justice whose term shall
soonest expire, at nine o'clock a. m. on the last Monday
of October, each year and shall at once proceed to select
the said clerk and deputy clerks in the following manner:
Each justice shall select one person for a meniber ot the
clerical force, and from the persons thus selected the jus-
tices shall elect the clerk by ballot, and if, after five ballots,
none of the perscwis so balloted for shall receive a majority
vote, then the person receiving the highest number of votes
on the fifth ballot shall be declared elected, but in case
there are two persons each receiving two votes on said
ballot, the clerk shall be selected from such two persons
by lot. The other three persons so selected in the first
instance shall be the deputy clerks. The term of office
of said clerk shall be one year, to commence on the last
Monday of October following such selection. Said clerk
shall receive from the city treasury an annual salary of
nine hundred dollars, payable in monthly installments.
Before entering upon the duties of his office the said clerk
shall file in the office of the city clerk a bond in the penal
sum of three thousand dollars, with two or more sufficient
sureties, to be approved by the city council of such city,
ccwiditional that the clerk shall faithfully and properly per-
form the duties of his said office, and that he shall well
and tnily pay to the treasurer of such city all moneys

Clerk of jus-
tices' court in
Columbus.

Election of
clerk and depu-
ties ; how con-
ducted.

Term of clerk.
Salary.

Bond.

416

Duty of clerk.

Auditing of
clerk's accounts
and inspection
of records.

Collection of
fees.

received by him or his deputies under him, as clerk of said
justices' counts, for the use of said city, and otherwise con-
ditioned as such city council shall prescribe. It shall be the
duty of said clerk to keep a true and complete record of
all proceeding's before each of said justices, and to enter
all judgments in the docket of the justice rendering the
same in the time and manner prescribed by law, which
judgment shall be signed by the justice by whom it was
rendered. He shall keep true and correct accounts of all
moneys received by him or his deputies, as court fees, for
the use of such city, or for any other purpose, and shall
properly account for and pay over the same to the party
entitled thereto. He shall also file and safely keep all
papers and books belonging to or appertaining to said
justices' courts, none of which shall be removed from said
office without the authority in writing of the justice to
whom the case was assigned or the clerk of said court, nor
unless proper receipts be given therefor. The said clerk
shall make all writs returnable to the said justices in rota-
tion, and if upon the return dlay or the adjourned day
of any cause the justice issuing the process therein shall
be absent at the time to which the cause has been adjourned
or the process therein made returnable, the next justice in
regular order of issuing writs if present, and if not, one
of the other justices shall have the same jurisdiction to
proceed therein as though the cause had been originally
commenced before him, and if judgment be rendered by him
in such cause the record thereof shall be entered in the
docket of the justice rendering such judgment. It shall
be the duty of said clerk to coUect the fees as provided in
sections 615 and 621 of the Revised Statutes of Ohio, and
make return under oath to the director of accounts of
such city on blanks provided! by such director, monthly
on or before the second Saturday of each succeeding month,
of all fees collected by him, and all fees taxed by hkn and
uncollected during the month previous, giving the style
of the case and number and pages of the dockets in which
they are recorded. He shall at the same time pay into
the city treasury all such fees collected by him. It is hereby
marie the duty of the director of accounts to audit the
accounts and inspect the records of such clerk as often
as the city council may direct; but he shall not hinder the
business of the clerk nor remove the records from* the office.
The clerk of said justices of the peace shall, between the
first and fifteenth of March of each year, notify each person
who is indebted for fees, as shown by the dockets of said
justices, for the year previous ending December 31, to pay
the same, and if the same are not paid within one week
following said March 15, execution for the same shall be
issued directed to any constable of tihe township. He shall,
at the expiration of his term of office, and before he shall
be entitled to his salary^ for the last month of his term, make
an itemized statement under oath to the director of accounts

417

Power of clerk
atid deputies to
administer
oaths.

Terra of depu-
ties.

of all fees uncollected by him during his term of office. All
moneys paid under judgments rendered by said justices,
and all mcHueys padd under gamisliments in said justices'
court, and all costs, fines and dues of every description
shall be paid to said clerk or his deputy or deputies by
him authorized to receive the same, arid his bond shall be
conditioned for the faithful and proper disposition of all
such moneys. It shall be his duty to dispose of all such
moneys as is now provided by law. The said clerk and
each of its [his] deputies shall have power generally to ad-
minister oaths in all causes or matters brought or which may
be brought before the justices of the peace and in all busi-
ness which may pertain to the office of such justices of the
peace. The term of office of each deputy shall begin with
the time of the filing of the certificate of his appoiritment
with the city clerk of such city, and each of their terms shall
end on the third Monday of May of each year; but the
deputy clerks shall be subject to removal from office at any
time for cause by the justice who selected him or by the
clerk, in which case his place shall be filled irrtmed lately
by the justice wiho selected the deputy so removed or by
the successor in office of such justice. Appointments and
revocations of appointment of deputies shall be certified
by the justices who made the appointment to the city clerk,
and such certificate shall be notice of the appointment or
revocation as the case may be, and the appointment or
revocation shall be operative from the time of the filing
of such certificate. The said deputy clerks shall be under
the control aind direction of said clerk, and shall perform
such duties as he shall direct, and shall have authority
to perform g^enerally the ditties of said clerk. Each of
said deputies shall, if required by said clerk, furnish a good
and sufficient bond for the faithful discharge of his duties
m such amount and with such conditions as said clerk
may prescribe. The deputies shall each receive a salary of
six hundred dollars per annum, payable in monthly install-
ments out of the city treasury on the warrant of the director
erf accomits of such city, and it is hereby made the duty
of the director of accounts to issue all warrants as herein
provided for.

Sec. pZle. It shall be unlawful for said justices of justices, cierk
the peace or said clerk or his deputy or deputies to act as ?amio1^a"ct as
counsel, agent or attorney for any party in anv matter, o^au'ornc?!^*
suit or proceeding within the jurisdiction of said courts.
A violation of this provision shall be deemed misconduct
and shall be sufficient cause for removal from office of
the party so violating.

Section 2. That section 621c as passed March 8, 1893, ^^p^^^^jJ^^ "^^/^
and amended April 18, 1896, and section 621rf as passed ^^^^^'^^^ *^*-
March 8, 1893, and amended March 22, 1893, of the Re-
vised Statutes of Ohio, are hereby repealed. Such repeals
to take eflfect the last Monday in October, 1898, and other-

certificate of •

appointment or
removal.

Deputies under
direction of
clerk; powers.

Bond.

Salary.

418

wise this act shall take effect and be in force {r<Mn and after
its passag'e.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 294G

Commission to
mark positions
of Ohio troops
at battle of
Shiloh : appoint-
ment of.

Appropriation
for expenses of
commission.

Treasurer of
commission ;
bond.

Annual report
to the grovernor.

[House Bill No. 636.]
AN ACT

Authorizing the appointment of a commission to ascertain and mark
the positions occupied by Ohio troops in the battle of Shiloh.
and to make an appropriation to pay the personal expense of
the commission.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That the governor of this state be and
is hereby authorized to appoint a commission consisting
of six citizens, not more than three of whom shall belong
to any one political party, and- each of whom shall have
served with honor in the battle of Shiloh, who shall serve
without pay and whose duty it shall be to cooperate with
the national commission in ascertadning and marking the
positions occupied in said battle by each regiment, batten-
and independent organization' from this state which were
there engaged.

Section 2. That the sum of one thousand dollars be
and the same is hereby appropriated- out of any funds in
the state treasury not otherwise appropriated, to be drawn
and used by said commission to pay the personal expenses
of the members of said commission in the discharge of
the duties aforesaid.

Section 3. That said commission shall elect one of
their members to act as treasurer of said commission, who
shall give bond tx> the state of Ohio in twice the sum herd)y
appropriated to be approved by the auditor of state, who,
upon the filing with him of such bond, shall draw his war-
rant on the treasurer of state in favor of such treasurer
for the amount herein appropriated.

. Section 4. Said commission shall keep an accurate
account of all disbursements and make a full report thereof,
and' of the execution of its trust to the governor on or
betore the 15th day of November, each year during the
continuance of said trust

Section 5. This act shall take effect and be in force
from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 295G

419

[House Bill No. 628.]

AN ACT

To provide a separate quota for epileptics from Ohio soldiers' and
sailors' home.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That in making the quota for the patients pP^»^JJ^ ^"<*^^
to be received in the Ohio hospital for epileptics, a separate h?m?inVpiiep-
aaid distinct quota is to be made for the Ohio soldiers' and ti<^ hospital,
sailors' home, and the patients already received from said
soldiers' and sailors' home, as well as those hereafter to
be received, are to be charged to said soldiers' home quota,
and not to the quota of Erie county where said "home"
is located.

Section 2. This act shall be in force from and after ,
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 296G

[House Bill No. 627.]

AN ACT

To provide for the repair of the monument erected by the state of
Ohio at Gettysburg to the 6eth O. V. I.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That there be appropriated out of any Appropriation
moneys in the general revenue fund now in the treasury tain^mSiument
and not otherwise appropriated, the sum of five hundred SStticfiVid^"'^*^
dollars, or such part thereof as may be necessary, to be
expended under the direction of the adjutant general for
the repair of the monument erected by the state of Ohio
at the battle-ground of Gettysburg, Pennsylvania, to the
66th regiment, O. V. I.

Section 2. This act shall take effect from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 297G

420

Liens:

I,icn of keeper
of stallion or
jack.

Enforcement of
iien.

Disposition of
proceeds from
sale.

Penalty for mis-
representing
pedisrree of stal-
lion or jack.

Repeals, etc.

[House Bill No. 601.]

AN ACT

To>mend section 3213—1 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the Getieral Assembly of
the State of Ohio, That section 3213—1 of the Revised Stat-
utes of Ohio, be so amended as to read as follows:

Sec. 3213 — 1. That the keeper of any stallion or jack
shall have a lien upon the get of the same for the period of
twelve months after birth of the same, for the payment
of the service of any such stallion or jack. Such keeper
or owner may enforce said lien by replevin of the property
before any justice of the peace of the township where the
property is found, and after gaining possession of the same,
he may, after first giving ten days' notice to the reputed
owner thereof of hS intention to do so, sell the same at
public sale after two weeks' notice of the time and place
of sale by notices posted up in five conspicuous and public
places in the township where proceedings in replevin are
had, and out of the proceeds of sale retain the amount due
him for said service, with the costs by him incurred in
said replevin suit, and accounting to the owner for the
surplus realized by said sale. And the owner of any such
stallion or jack, when payment is made to him, or his agent,
for any such get, shall deliver to the payee a receipt in full
for the amount so paid, and stating for what paid. And
any such keeper or owner of any stallion or jack, who
misrepresents the pedigree, or fails to publish a correct
pedigree of his stallion or jack, when excellency of good
qualities are claimed on account thereof, shall, upon proof
of such misrepresentation, forfeit the services in any case
when legally contested and proven, and shall be otherwise
punished as provided by law against the use of false pedi-
gree. [89 v. 60; 85 v. 264; 81 v. 43.]

Section 2. That said section 3213 — 1 be and the same
is hereby repealed, and this act shall take effect and be
in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 298G

421

[ Senate Bill No. 518.]
AN ACT

To authorize township trustees and county commissioners to organ-
ize special road districts out of two and not more than four
townships occupying contiguous and compact territory, with
power to improve roads in such district.

Section 1. Be U enacted by the General Assembly of
the State of Ohio, That in any county two or more adjacent
townships, hot exceeding four townships, occupying con-
tiguous and compact territory, may organize into road dis-
tricts. Such road districts shall b^ governed and controlled
fw the purpose of constructing pikes and improving roads
as herein provided by a road commission, composed of not
more than four in number. Such commission sihall be
appointed by the county commissioners of sucn county,
not more than one of whom shall be a resident of any such
township composing such road district, and such commis-
sioner shall be nominated by the respective township trus-
tees, and may be removed at any time for incompetency
(M- neglect of duty by said county commissioners. Pro-
vided, that no such appointment of road commissioners
shall be made or such commissioners appointed until the
construction of such a road district shall be petitioned for,
to the county commissioners, by at least fifty or more of
the re«dent taxpayers of each of such townships asking
for the improvement of the public roads of such townships
and asking for the establishment of such road district.

Section 2. The county commissioners on receiving
such written petitions from the respective townships shall
be authorized to forthwith pass resolutions and place the
same upon their journal organizing such townships into
a road district and notify the respective boards of trustees
of such townships of such action, and the same shall, within
ten days thereafter, be considered and held to be a road
<Ustrict for the purposes of this act Said county commis-
sioners shall forthwith, after the expiration of such ten days,
notify, in writing, the township trustees to nominate suitable
persons for the office of road commissioner and from such
nominees so presented by such trustees, the county com-
missioners shall select a non-partisan board not more than
two of whom shall be a member of any one political party.
Said board shall forthwith meet at the county seat and
organize by electing one of their number president, and
one of their number secretary, and shall keep a record of
all their proceedings.

Section 3. Within ten days after said commission is
duly organized, it shall notify the deputy state supervisors
of elections of such county, of its said organization, where-
npon it shall be the duty of the deputy state supervisors
of elections to submit the question of improvement of the
imUic roads of such road district, to the qualified electors

Organization oi
road districts;
how governed
and controUed.

Road commis-
sion ; how ap-
pointed : nomi-
nations by
township trus-
tees; removals.

When appoint-
ment to Se
made.

How districts
created.

Notice to trus-
tees to make
nominations ;
selection of
board : appor-
tionment po-
liticaUy.

ing <
I for

board for organ-
ization.

Submission of
question of im-
proving roads.

422

Form of ballot.

Notice of elec-
tion by publica-
tion.

thereof at any general or special election. The qualified
electors of any such district including any village or city
situated therein, shall at such election have submitted to
them the proposition of improving the public roads within
such district by general taxation levied upon property in
such district. And those voting in favor of such propo-
sition shall have on their ballots, "Road improvement by
general taxation — Yes," and those opposwl, "Road im-
provement by general taxation — No." The said road com-
missioners shjill cause notice of such election to be given
in at least two of the newspapers published in or of general
circulation in such road district, and shall also cause hand-
bills or posters announcing the same to be posted up at
the usual place of holding elections in each ward and pre-
cinct in such road district at least ten days prior to such
election.

Appointment of
juag:es and
clerks ; returns :
compensation.

Section 4. The deputy supervisors of elections of
such coimty shall appoint four judges and two clerks for
each ward and precinct in such road district, who shall
conduct such election in lake manner as is by law provided
for holding other elections. They shall forthwith return
to the deputy supervisors of such county, a full and correct
abstract of the vote cast at such election, and shall be gov-
erned in all other respects by the laws regulating general
elections and shall receive the same compensation as judges
and clerks of other elections, which shall be paid in accord-
canvass of votes, ance with general statutes. The poll-books and abstracts
so returned to the deputy state supervisors of elections, shall,
within two days thereafter, be opened by them and a correct
statement of the result shall be entered upon the records
of the county commissioners by the auditor of the county
for public inspection.

Section 5. If, at such election, a majority of the votes
cast are against the proposition of improving the public
roads by general taxation, the said road commissioners shall
not assess any tax for that purpose, and their duties shall
cease; and when a new board of road commissioners, as
herein provided by petition, shall be again created, they
shall, when a like petition is thereafter presented to them,
again submit the same question at the next annual election,
either spring or fall or special, to the qualified voters of
such rcKad district. Notice of such special election shall
be given as provided by the general statutes for submitting
special questions.

Section 6. If, at such election, a majority be found
in favor of the policy of improvement of the public roads
of such road district by general taxation, sttch road com-
missioners shall forthwith desig^te and determine what
roads and the extent of the improvement in the respective
townships which should in their opinion be improved, at
what points the improvement should b^n and how much
of such roads to be completed annually. But no roads
shall be by them designated for improvement which is not

Kffcct of nega-
tive vote.

Resubmission
of question.

Effect of affirm-
ative vote;
designation of
roads for im-
provement.

423

already established or which does not now extend beyond
the road district limits. Nor shall any public highway
within the corporate limits of city or village within such
road district be so designated or improved unless such road
extends to and beyond the said road district continuously.
Such road commissioners shall have the power to employ
a competent civil engineer, and such assistaaits for him
as tJiey may deem necessary, who shall make a correct
map of the established roads of such road district, designat-
ing plainly which have been by such commissioners selected
for improvement, and also profiles of such roads showing
the grades thereof as they then exist, as well ai> prepare
such other information as may be required by said commis-
sioners, all of which shall be kept on file with the secretary
of said road comimission for public inspection.

Section 7. The commissioners so appointed shall
hold their office for a term of four years, and before enter-
ing upon the discharge of their duties, take an oath of
office to hcwiestly and impartially discharge their duties with
a view to the public welfare. They shall receive as com-
pensation for each day actually employed the same com-
pensation as township trustees. Such engineer shall receive
such sum not exceeding four dollars per day as he may
agree upon with said road commissioners, and not to exceed
one hundred dollars in any one month. The compensation
of the commissioners and engineer shall be paid out of the
road fund, raised for the purpose of said improvement,
upon the order of the auditor Of the county after the allow-
ance by the county commissioners.

Section 8. Immediately after the report of such road
commissioners and the map and profiles of such engineer
have been filed, such road comrnissioners shall, in deter-
mining which road shall be first improved of those desig-
nated, select the most public roads of the road district both
east and west and north and south, and if, in their opinion
it is not expedient to undertake the improvement of such
selected roads in all directions at one time, they shall pro-
ceed to first improve the most prominent thoroughfare in
such district.

Section 9. The county auditor shall be ex officio
member of said board but shall only have a vote in case of
a tie vote on any question before said board of road com-
missioners. The said road commissioners shall cause to
be kept by the secretary or clerk of the board in a record
book to be provided by them for that purpose, a full and
complete record of their proceedings under this act relating
to the improvements of all public roads acted upyon by them ;
and also an accurate, separate account of receipts and ex-
penditures under its provisions; and no money raised for
the improvement of such roads shall be drawn from the
treasury except to pay liabilities already accrued and then
only in pursuance of orders issued by said road commis-
sioners or a majority of them while in session as a hoard

Employment of
eng^mecr and
assistants.

Term of office of
commissioners ;
oath.

Compensation.

Engineer's com-
pensation.

How compensa-
tion paid.

Selection of
roads for im-
provement.

County auditor
is ex officio
member.

Record to be
kept by com-
missioners.

Payments for
improvement.

424

Work of con-
struction to be
let on bids ; no-
tice by publicflo
tiou.

Division of
roads into sec-
tions for the
purpose of sale
of work.

What required
of bidders.

Contractor's
bond.

Superintendent
of coustruction ;
compensation.

How payments
lo be maile.

Roads improved
to be free turn-
pikes : width of
improved road ;
trustees may
regulate width
of tireh.

to be entered upon the record. of their proceedings, upon
a yea and a nay vote, and by orders drawn in pursuance
thereof by the auditor of the county and in favor of tht
persons only to whom the money is due.

Section 10. When such road commissioners have,
by resolution, determined to improve a designated road
or part tliereof, -the work of its construction, including all
labor and material, shall be by them publicly let to the
lowest responsible bidder, after due notice given of such
letting by publication in one or more newspapers published
or of general circulation in such road district and by posters
judiciously posited.

Section 11. For the purpose of letting contracts such
road commissioners shall cause each road about to be inv
proved to be divided into suitable and convenient sections,
and the sections shall be numbered from the point of begin-
ning toward the outer line of such road district, and the
same shall be let by sections. All contracts shall be let
upon plans and specifications of the various kinds of labor
required upon each section and also the materials wliich
shall enter into the construction of the same. Bidders shall
be required to separately state their bids for each class
of work in such manner and upon such blank forms as
such road commissioners may require.

Section 12. Each contractor shall be required to give
bond in amount at least equal to the contract price with
sufficient sureties for the faithful performance of his con-
tract, payable to the state of Ohio for the use and benefit
of such road district, with all necessary stipulations on the
part of the contractor to carry out the provisions of such
contract, the form of such contract and bond to be approved
by the prosecuting attorney.

Section 13. Such road commissioners may select,
in addition to the civil engineer, when necessary, a super-
intendent to superintend the construction of such improve-
ment whenever, in their opinion, such civil engineer may
not have the time to perform such duties, whose compen-
sation shall not exceed four dollars per day for the time
actually employed and in any event not more than one
hundred dollars per month. No payments for work or
materials shall be made except upon the estimates made
by the engineer in charge, and by him duly certified of
work actually performed and the materials actually fur-
nished, and after resen^ng such per cent., not less than
ten, as may be fixed by the parties to the contract to guar-
antee the performance thereof, and approved by* the board
of road commissioners or a majorit}* thereof.

Section 14. All roads improved under the provisions
of this act shall be free turnpikes, nor shall any road be
improved under the provisions of this act which is less
than forty feet. in width, and the trustees of any township
within such road district shall (have the power to regulate
the width of tires to be used on such roads as is conferred

425

upon cottnty commissioners in section 4904 of the Revised
Statutes, and the penalties provided by section 4905 of
said statutes shall be applicable and imposed for any vio-
lation of the rule adapted by such trustees to regulate travel
upon such improved road-s.

Section 15. Such superintendent and engineer, be-
fore entering upon their duties, shall take and subscribe to
an oath erf office, and shall give bond in the sum of three
thousand dollars each, payable to the state of Ohio, for
the use and benefit of such road district, conditioned that
they will faithfully and honestly discharge their duties all
and singular as superinitendenft and engineer of improved
roads of such road district.

Section 16. For the purpose of providing the money
necessary to meet the expense of improving said roads the
said board of road commissioners, if in their opinion it be
advisable, shall issue bonds of such road district, payable
aft such times as they may determine, not exceeding fifteen
years, in simis of five hundred to one thousand dollars each,
bearing interest at a rate not exceeding six per cent, per
annum, payable semi-annually. But such bonds shall not
be sold for less than their par value, and the aggregate
amount of the bonds of any such road district at any one
time outstanding shall not exceed one hundred and fifty
thousand dollars. The sale of all such bonds shall be advei*-
tised for at least thirty days in two newspapers in such
county, and the secretary of such board shall send marked
copies of such advertisement to at least ten leading bond
buyers in the state or other steites, and such bonds shall
be sold to the highest bidder. Said road commissioners
shall have the right to reject any and all bids.

Section 17. When the commissioners of any such
road district have determined to improve any road or roads
as herein provided, in order to provide for the payment of
such improvement and to provide for the fund for the
redemption of the bonds issued by them under the provis-
ions of tiiis act, together with the interest thereon, they
shall report the same to the county commissioners who,
in addition to the other road taxes authorized by law, shall
levy annually, upon each dollar of the valuation of all the
taxable property of said road district, an amount not ex-
ceeding three mills upon each dollar of such valuation, and
shall continue such levy from year to year, until all the
roads by such commissioners designated for improvement
have been improved as herein provided, and the bonds
issued for that purpose, together with the interest thereon,
have been paid.

Section 18. Such county commissioners of any such
county shall cause the amount of the taxes by them levied
each year, under this act, to be certified to the auditor of
the county in which it is located as other taxes are certified
to him, and the same shall be by him placed upon the
duplicate of taxable property of such road district, includ-

Oath aud bond
of superintend-
ent and en-
gineer.

Issue of bonds.

Advertisement
of sale of bonds..

I.ev3' of taxes to •
provide for pay-
ment of im-
provement and
redemption of
bonds.

Commissioners
to certify levy to.
county auditor.

426

Repair of roads.

Receipt and dis-
bursement of
moneys.

Duty of prose-
cuting attorney.

ing all cities and villages therein situated, and the same shall
be collected by the county treasurer in like manner as other
taxes are kept.

Section 19. Such roads so improved in said road dis-
trict shall be kept in repair under the general statute as
other roads are now repaired.

Section 20. The treasurer of the county in which
any such road district is situated, shall receive aiid disburse
all moneys arising from the provisions of this act on cer-
tificate and orders as herein provided.

Section 21. The prosecuting attorney shall be the
legal adviser of such board and approve all forms of con-
tracts and bonds and approve all proceeding^ of such board.

Section 22. This act shall take effect and be in force
from and after its passage.

HARRY G. MASON,
Speaker of the House of Representatives

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 299G

Sheriff:

Pees and com-
pensation of
sheriff in coun-
ties of 22^500 or
more.

[ House Bill No. 742.]

AN ACT

To amend section 1230^ of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of
the State of Ohio, That section 12306, passed April 27, 1896,
be so amended as to read as follows:

Sec. 1230fr. In all counties which at the last preceding
federal census had a population of twenty-two thousand
five hundred or more, and for which there is no provision
made by law for the payment of tiie sheriff, he shall receive
the following fees and compensation: For the service of
every writ or summons and the return thereof (subpoena
only excepted), when only one defendant is named therein,
twenty-five cents; additional defendant, fifteen cents; levy-
ing each writ of execution on real or personal estate, or
the service of an order of arrest upon the body of each
defendant named in the writ, twenty-five cents, and mileage
as in other cases; every bail bond, thirty cents; committing
to prison or discharging therefrom, fifty cents; attending
before judge or court, fifty cents; ^ be paid by the county
unless upon a conviction, in whiOT case it shall be taxed
in the cost bill and paid by the state; serving a writ of pos-
session with the aid of the county, one dollar and twenty-
five cents; and without the aid of the county, sixty cents.
The copy of any writ or process necessary to complete ser-
vice, for each one hundred words, six cents; serving and
returning a subpoena for each person named therein, ten
cents; ser^'ing and returning a subpoena for each person

427

named therein to appear before the grand jury, ten cents,
to be paid by the coumty upon the certificate of the clerk ;
serving and returning regular venire for petit or g^nd jury,
or serving a special venire for petit jury to fill the panel,
to be paid by the county, four dollars and traveling fees
going and returning; for escorting a jury from court to
place of view on each issue, forty cents. Summoning a
special jury, inckiding traveling fees, four dollars; travel-
ing fees upon all writs, precepts and subpoenas, going and
returning, eight cents per mile; provided that where more
than one person be named in such writ, mileage shall be
charged for the shortest distance necessary to be traveled;
poundage on the amount of all sales (except in writs for
the sale of real estate in partition) made by the sheriff on
executions, decree, or sale of real estate one per centum
thereof; service of one coI>y of pleading and return, the
same fees as are allowed for the service of summons, in-
cluding mileage, as herein provided; making a deed of land
sold on execution, decree or order of court, to be paid
by the purchaser, one dollar and seventy-five cents ; serving
any person with an order of court, and making a return
thereto, twenty-five cents, and mileage as on service of
summons; calling a jury, ten cents; opening court and
calling each action, to be charged but once each term of
the court in which the cause is pending, ten cents; calling
each witness, five cents; bringing up a person on habeas
corpus, sixty cents; suimmoning a jury in forcible entry or
detainer, or in forcible entry only, one dollar and fifty cents ;
serving writ with [of] restitution, sixty cents, and mileage
thereon as in other cases; calling an inquest to appraise
lands and tenements under execution, one dollar; all ad-
vertisements in a newspaper, twenty-five cents, in addition
to the price of printing; all written advertisements for the
sale of property, either real or personal, twenty-five cents;
executing a writ of partition, one dollar, and traveling fees
as in other cases; selling real estate under an order of court
in partition, three-fourth of one per centum, where the
amount of the sale does not exceed two thousand dollars,
and one-fourth of one per centum on the amount over and
above that sum.

Section 2. That section 1230fc, passed April 27, 1896, R«p«»i»-
be and the same is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON,
Speaker of the Hotise of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 300G

428

Trial by the
court :

iury waived in
[aniilton and
Cuyahoga coun-
ties.

Deposit for Jury
fees-

Court may order
case to be tried
byjur>-.

Pending^ cases;
party must de-
ma n<l trial by
jury, etc.

Repeals.

[Senate Bill No. 206.]
AN ACT

To amend an act passed May 19, 1894, entitled "An act to regulate
the trial bv jur>' in all counties which now contain or which
may hereafter contain a city of the second gprade of the first
class." (O. L., 91, page 793).

Section 1. Be it enacted by tlie Gefieral Assembly of
tfie State of Ohio, That an act passed May 19, 1894 (O. L»
91, page 793), be amemled so as to read as follows:

Sec. 1. The common pleas courts and superior courts
in any county containing a city of the first or second grade
of the first class may try all questions of law and fact arising
in civil cases in said courts, and a jury shall be deemed
waived in said court in all such-cases unless a trial by jury
be demanded by notice in writing to the clerk of the court
by one of the parties at least five days before the first day
of the term after the issues should be made up according
to the statutes of Ohio, and at the time of making such
demand, either a deposit shall be made with the clerk oi
the court of five dollars, which suim shall be appropriated
by the counity toward the payment of jury fees, or an affi-
davit in writing, made by the party demaiiding a jury, shall
be filed by him to the effect that he is unable to make such
deposit and cannot obtain money necessary for that pur-
pose; but the court may at any time before trial order
any case which it deems peculiarly fit to be tried by a
jury to be so tried. Provided, however, that in all cases
now pending in the courts of cormnon pleas a party not
wishing to waive a trial by jury, must demand a trial by
jury and make a deposit or file an aflftdavit as aforesaid
within thirty days after the passage of this act.

Section 2. An act passed May 19, 1894 (O. L., 91

vol. 793), is hereby repealed.

Section 3. This act shall take effect and be in force
from and after its passage.

HARRY C. MASON/
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of tlie Senate.
Passed April 19, 1808. 301G

I^OCAI^ IvAWS.

[House Bill No. 44.]

AN ACT

To establish a special school district in Washington township, Clinton county,

Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That a special school district, in the township of Washington, Clinton
county, Ohio, to be known as the Cuba special school district, be and
the same is hereby established in and of the following described terri-
tory, to wit: Beginning at a point on the west Une of Washington
township, where the land of F. F. Mitchell crosses the Washington
township line; thence following the township line in a northerly direc-
tion, to where the township Hne crosses the Cuba and Clarksville pike;
thence east along said pike to where the road leading to Ogden turns
north; thence along said Ogden road to Cowan's creek; thence with
the meandering of Cowan's creek in a northeast direction to the north
line of Willard Bates; thence with Willard Bates* north line to the
Wilmington and Westboro pike; thence crossing said pike in the same
direction to the line of original survey No. 1^^, and the land of Wm.
Clevenger; thence northeast with said survey line to the north comer of
said survey; thence southeast with said survey line to the line of J.
Brown's heirs; thence northeast with line of said J. Brown's heirs to
the north corner of said land; thence southeast with said J. Brown's
heirs' line to the Bethel pike; thence with said pike southwest to the
survey line; thence with said survev line southeast to the east corner
of said survey; thence continuing in the same direction along the survey
line of No. 1,008 to the east comer of the land of Wm. Berlin; thence
in a southwest course along the line of Wm. Berlin and E, Brovm's
heirs to the south corner of E. Brown's heirs' land; thence in a southerly
direction across the lands of the heirs of J. McKibben to the east corner
of a one hundred and six acre tract of land belonging to Margaret Car-
man; thence in a southwest course along the line of Margaret Carman
to the survey line; thence southeast with the survey line to the township
line; thence following the township line in a southwest course to the
line of C. N. Cluxton; thence in a westerly course with C. N. Cluxton's
line to the Hne of N. B. Hunter; thence south with Hunter's line to
the comer of said Hunter's land; thence west with Hunter's south line
and Henry Brown's south line to w^here the same intersects the south
corner of J. Blackwell's survev No. 1,457; thence northwest on said
survey line to the line of A. L. West; thence west with said West's
south line to the line of H. C. Moore; thence southwest with said H.
C. Moore and D. C. Bond's and J. Wm. McKay's lines to the pike leading
from Road Imp. No. 14 to Macedonia ; thence across the pike in the same
direction to where the same intersects the survey line near East Fork;

(429)

430

thence northwest with the survey line to the township line and the
place of beginning.

Section 2. Said special school district shall be entitled to receive
its proportionate share of the school funds, and the funds levied for
incidental expenses, in accordance with the enumeration of the year
1897 of school children entitled to attend school; said funds being those
now collected within the township or county treasuries, but this pro-
vision shall be subject to the limitation contained in the succeeding
section of this act. Said special school district shall be governed by
such laws as now are, or may hereafter be, in force relating to special
school districts.

Section 3. This act shall take effect and be in force from and
after its passage, but it is not to affect any of the existing contracts of
the board of education of said township pertaining to the schools now
existing therein, but said existing contracts shall be executed according
to the terms thereof, and in accordance with the laws now in force.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed February 2, 1898. IL

[House Bill No. 103.]

AN ACT

To authorize the trustees of Dover township, Cuyahoga county, to make additional
levy for the support of public library.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of Dover township, Cuyahoga county, Ohio, be and
they are hereby authorized to levy for the next thirteen (18) years, in
addition to that already authorized by law, one-tenth of one mill on the
taxable property of said township, for the support and maintenance of
a public library.

Section 2. This act shall take effect and be in force from and after
its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.
THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Passed February 15, 1898. 2L

[House Bill No. 169.]

AN ACT

Authorizing the Washington county agricultural and mechanical association to

sell a portion of its land.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the Washington county agricultural and mechanical association, a
corporation existing under the provisions of section 3700, Ohio Revised

431

Statutes, being the owner of seventeen acres of land, more or less, in
the city of Marietta, Ohio, said property being used for the purpose of
holding the annual meetings or fairs of said association, be and it is
hereby authorized and empowered to sell and convey, on such terms
as it may deem proper, by deed or deeds of general warranty, a strip
of! the southeasterly end of said grounds, abutting on Front street or
the extension of Front street in said city; said strip extending across
the entire southeasterly end of said grounds, but not to exceed one
hundred and twenty feet in depth from said Front street or the exten-
sion thereof; and such deed or deeds shall be executed by the president
of said association.

Section 2. The money arising from the sale of said land or any
part thereof shall be applied and used only for the purposes of paying
or reducing the existing indebtedness of the association, of improving
said grounds and the buildings thereon, or of purchasing another or
additional site for said association; and said money shall be paid by
the purchaser or purchasers of said land to the treasurer of said county
of Washington, who shall pay it out only upon the certificate of the
president and secretary of the association that the same is to be used
for one or more of the purposes above named.

Section 3. This act shall take effect and be in force from and after
its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Passed February 15, 1898. 3L

[House Bill No. 86.]

AN ACT

To authorize the council of the village of Mauniee, Lucas county, Ohio, to trans*
fer money belonging to its police fund, to its old court-house fund.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the village council of said village of Maumee be and said council
is hereby authorized to transfer not to exceed eight hundred (|800)
dollars from said police fund to said old court-house fund, and use the
same in making necessary repairs on said old court-house and on said
old court-house ground, and in securing and perfecting the title of said
village to said lots in which the title is defective and wanting in said
village.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives,

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed February 15, 1898. 4L

432

[House Bill No. 65.]

AN ACT

"To provide for the transfer of the custody and control of a part of the Western
Reserve and Maumee state road, in trust, to the village of Clyde, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That whenever and as soon as the commissioners of the county of San-
dusky shall, by resolution duly passed, by them and entered on their
journal, surrender to the village of Clyde all their powers and rights in
so much of the Western Reserve and Maumee state road, as is now or
hereafter may be within the corporated limits of said village* and said
village, by its council, shall, by resolution duly passed by it and entered
•on its journal, accept the same, said part of said road, shall be thereto
transferred, in trust, to the village of Cfyde and shall be thereafter to all
intents and purposes a street of said village and subject to all the laws
and ordinances in any manner applicable to other streets therein, ex-
cept that the same shall be forever maintained as and for a public
highway.

Section 2. The commissioners aforesaid are hereby authorized
-and empowered to appropriate, from time to time, from the turnpike
fund of said county, such sums as they may deem just and equitable, to
be applied toward the cost and expenses, of improving and repairing the
aforesaid part of said road.

Section 3. This act shall take eflfect and be enforced from and
after its passage. ^^^^^ ^ UASO^,

Speaker of the House of Represefitattves.
THADDEUS E. CROMLEY,
President pro tern, of the Senate.

Passed February 15, 1898. 5L

[House Bill No. 52.]

AN ACT

*To divide Springfield township, JefiFerson county, Ohio, into two election precincts.

Sectidn 1. Be it enacted by the General Assembly of the State of Ohio,
That Springfield township, Jefferson county, be and the same is hereby
divided into two election precincts, by an east and west line along the
north lines of sections two, eight and fourteen of township twelve, range
two, known as Springfield township. All that portion of said township
lying north of said line shall be known as Bergholz precinct, and the
voting place be at the settlement of Bergholz; all that portion of said
township lying south of said line shall be known as Amsterdam precinct,
^and the voting place to be at the settlement of Amsterdam.

Section 2. This act shall take effect and be in force from and after
Its passage. HARRY C MASON,

Speaker of the House of Reprcsentatii^es,
THADDEUS E. CROMLEY,
President pro tern, of the Senate,

Passed February 15, 1898. 6L

433

[House Bill No 231.]
AN ACT
To authorize the city council of Greenville, Darke county, Ohio, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the city council of Greenville, Darke county, Ohio, be and is
hereby authorized to transfer eighteen hundred (|1800) dollars from
the bridge fund to the street fund.

Section 2. This act shall take effect and be in force from and after
Its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed February 17, 1898. 7L

[Senate Bill No. 7.]

AN ACT

To authorize the church trustees of certain religious societies situated in the
south precinct of Union township, Ross county, Ohio, to convey by deed to the
trustees of said Union township certain graveyards now under control of said
church trustees.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of the Presbyterian church, known as Union church,
and the trustees of the Methodist Episcopal church, known as Union
chapel, and the trustees of the Methodist Episcopal church, known as
Dry Run chapel, all of which are situated in the south precinct of Union
township, Ross county, Ohio; said trustees as aforesaid are hereby
empowered and authorized to convey to the township trustees afore-
said the several burying grounds now under their control by deed,
and said township trustees are hereby authorized to accept said deed,
and to have the same made a matter of record by the township clerk of
said township.

Section 2. The control of said burying grounds shall be under
the charge and supervision of the township trustees of said township,
who shall be governed by the general statutes now in force governing
township cemeteries, so far as they may apply in this case. And for the
proper care and improvement of said burying grounds, and for the pur-
rose of acquiring and adding additional ground thereto, the township
trustees of said Union township are hereby authorized to levy a tax
of not to exceed one-half of one mill on the dollar of the taxable prop-
erty of said south precinct of Union township, in addition to all the taxes
they are now authorized by law to levy.

Section 3. Provided, however, before any of the authorities named
in this act shall have power to proceed under this act, the matter herein
contained shall be submitted to a vote of the qualified electors of said
south precinct of Union township, Ross county, Ohio, at the first regular
November election after the passage of this act, and in the following man-
ner, to wit : Thirty days' notice shall be given by the trustees posting notices

in at least five of the most public places iil said precinct, and the electors
of said precinct shall have written or printed on their ballots the words,
"Precinct cemeteries — Yes," 'Trecinct cemeteries — No." And said
ballots shall be deposited in a ballot-box to be furnished by the trustees
of said township. The vote shall be counted by the judges and clerks
of election, and the returns of said election shall be made to the trustees
of the township; and if two-thirds of the vote cast shall be in the affirma-
tive, then the trustees of said churches and the trustees of said township
shall have power to act.

Section 4. That the act passed April 27, 1896, Ohio Laws, vol.
92, pages 736 and 737, is hereby repealed, and this act shall take effect
and be in force from and after its passage.

HARRY C. AIASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
. President pro tetn. of the Senate.

Passed February 23, 1898. 8L

[House Bill No. 45.]

AN ACT

To authorize the county commissioners of Coshocton county, Ohio, to trausfer

funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of the county of Coshocton and state of
Ohio, be and are hereby authorized to transfer two thousand (|2,000)
dollars from the poor fund, and the further sum of six thousand (|6,000)
dollars from the road fund, of said county, to the county fund; and that
said commissioners are further authorized to transfer five thousand (|6,000)
dollars from the road fund to the bridge fund.

Section 2. That this act. shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatizcs.

ASAHEL W. JONES,

President of the Senate.
Passed February 24, 1898. 9L

[House Bill No. 7.]

AN ACT

To authorize the council of the incorporated village of Athens, in Athens connty.

Ohio, to transfer funds. •

Section 1. Be it enacted by the General Assembly of the State of Ohi<K
That the council of the incorporated village of Athens, in Athens county,
Ohio, be and is hereby authorized to transfer ten thousand dollars (|10,000)
from the street fund to the water-works fund.

435

Section 2. This act shall take effect and be in force from and
after its passag^e.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

Presidet^ of the Senate.
Passed February 24, 1898. lOL

[House BiU No. 145.]
AN ACT

To authorize the county commissioners of Crawford county, Ohio, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county qommissioners of the county of Crawford, and state of
Ohio be and are hereby authorized to transfer seven thousand and five
hundred (f?,560) dollars from the ditch fund, and the further sum of
three thousand and nine dollars and foivteen cents (93,009.14) from the
dog fund to the bridge fund of said county; and that said commissioners
are further authorized to transfer five thousand (|5,000) dollars from the
ditch fund, three thousand (J3,000) dollars from the building fund, and
fourteen hundred (|1,400) dollars from the dog fund to the county fund
of said county.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 2, 1898. IIL

[House BiU No. 180.]

AN ACT

To authorize the board of education of the city [ school ] district of the second class,
of Galion, Crawford county, Ohio, to issue bonds and to levy a tax for the same,
to purchase sites and to erect and furnish additional school buildings thereon.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of the city school district of the second class
of the city of Galion, Crawford county, Ohio, be and it is hereby author-
ized and empowered to issue the bonds of the said school district in such
amounts as it may determine, not to exceed the sum of fifteen thousand
dollars in the aggregate, bearing interest at any rate not exceeding six
per cent, per annum, payable semi-annually, said bonds to be made pay-
able at a period not less than five years, nor more than fifteen years from
the date of their issue, at the pleasure of said board.

SErtioN 2. Said bonds shall be signed by the president of said board,
and attested by its secretary, who shall register same, and said bonds shall
be negotiable and be sold at such times and in such amounts as the said
board may deem best, to the highest bidder, after the sale thereof has

r '

r I

436

been advertised for at least three weeks in one or more newspapers, pub-
lished within said city school district, but in no case shall any of said
bonds be sold for less than their par value.

Section 3. Said board of education is hereby authorized, when-
ever it shall, in its opinion, be necessary, to levy a tax to pay said bonds
or the interest thereon, and shall certify such levy to the auditor of Craw-
ford county, Ohio, and said auditor shall cause any sum so certified
by said board to be levied upon all the taxable property of said city school
district and the same shall be collected as other school taxes are or may-
be, and paid into the treasury of said board in like manner; provided,
however, that no levy in any one year made for the purposes aforesaid,
shall exceed two mills upon the dollar of the valuation of said district.

Section 4. The amount arising from the sale of said bonds shall
constitute and be a building fund, and shall be used and applied only for
the purchase of sites for school grounds and to erect and furnish school
buildings thereon, or on grounds now owned by said board; and all
moneys realized from the levy of taxes herein authorized, shall be applied
to the payment of the bonds aforesaid and the interest thereon.

Section 5. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of tJie House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Passed March 2, 1898. 12L

[House Bill No. 51.]

AN ACT

To release the sureties of George W. Smith, ex-treasurer of Green township, Hock-
ing county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education and trustees of Green township, Hocking
county, Ohio, or either of said bodies, are hereby authorized to fully
release and discharge W. E. Smith, S. C. Smith, A. M. Sparks and Culve
Smith, as sureties on certain promissory notes, executed by George W.
Smith, to make good an alleged shortage of said George W. Smith as
treasurer of said township. Provided that this act shall not be so con-
strued as to authorize or compel the refunding of any money already
paid on said objigation. Provided the trustees or the board of education
of said township of Green shall submit said proposition to release, upon
ten days' notice being given by printed notices put up in five of the
most public places of the township to the qualified electors of said town-
ship at any special or general election. And the two thirds majority of
electors at such election voting on said proposition shall declare in favor
of such release. Those favoring such release shall have printed or written
on the regular tickets voted by them the words, "Release of treasurer's

sureties — Yes,"
No."

Passed March 2, 1898.

437

and those opposed, "Release of treasurer's sureties —

HARRY C. MASON,
Speaker of the House of Representatives,

THADDEUS E. CROMLEY,

President pro tent, of the Senate.
13L

[House Bill No. 1.50.]
AN ACT

To amend section 1 of an act entitled " An act to authorize the trustees of certain
townships in Fulton county, Ohio, to levy taxes to improve public highways in
the said townships."

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 1 of an act entitled "An act to authorize the trustees of certain
townships in Fulton county, Ohio, to levy taxes to improve the public
highways in said township," as amended May 9, 1894, be amended so as
to read as follows:

Sec. 1. That the trustees of the several townships, to wit, German,
Clinton, York, Chesterfield, Dover, Gorham, Franklin, Pike, Royalton,
Amboy, Fulton and Swancreek, in the county of Fulton, in the state of
Ohio, be and are hereby authorized to levy and assess upon the taxable
property of their respective townships, a tax not exceeding four (4) mills,
in any one year, upon the dollar valuation of the taxable property of said
townships, in addition to other taxes authorized by law, for the purpose
of improving, by macademizing or graveling, the public highways in said
townships, respectively, as may be deemed expedient or necessary by
the board of trustees of said township, and for no other purpose:

Section 2. Said original section 1, as amended May 9, 1894, is
hereby repealed, and this act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Represetitatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 2, 1898. 14L

[House Bill No. 30.]

AN ACT

Authorizing the trustees of Claj' township, Montgomery county, to place " Parish
cemetery" in said township under the care and control of a board of trusLtres.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of Clay township, Montgomery county, Ohio, shall
be and are hereby authorized to create and maintain a board of managers,
consisting of three members, for the control and management of the
cemetery, known as "Parish cemetery," located near the village of Arling-
ton, in said township, county and state.

438

Section 2. That the said board of cemetery managers shall be com-
posed of one of the township trustees whose term shall expire within one
year, and two citizens who are not members of the board of township
trustees, to be elected for the term of one and two years, respectively, at
the next regular election, and thereafter one shall be elected every year
for the term of two years.

Section 3. That it shall be the duty of said board of cemetery man-
agers to supervise to the best advantage all work and business pertaining
to the proper preservation and maintenance of said grounds.

Section 4. That the Clay township trustees are hereby authorized to
levy a tax in accordance with the recommendations of the board of cem-
etery managers, not to exceed one hundred dollars per year, which shall
be placed with the present Clay township cemetery fund, to be applied
to the improvement and maintenance of the aforesaid cemetery.

Section 5. In case of vacancies in the said board of cemetery man-
agers, the board of township trustees shall fill the same, to hold good
until the next election.

Section 6. This act shall take effect and be in force from and
after its passage.

.HARRY C. MASON,
Speaker of the House of Representatives,

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 2, 1898. 15L

[House Bin No. 151.]

AN ACT

To create a village school district out of certaiu territory in Richland township,
Guernsey county, Ohio, and Wayne township, Noble county, Ohio, to be known
as Senecaville village school district

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the following territory in Richland township, Guernsey county,
Ohio, to wit: Being all of section twenty-one (21) and twenty-two (22);
the east half of the southwest quarter of section nineteen (19) ; the south-
east quarter of section nineteen (19); the northeast quarter of section
nineteen (19) ; all of section twenty (20), except a 40-acre tract off of the
north side of the northeast quarter of said section twenty (20) ; the above
described territory being in township one (1), range two (2); also the
northeast quarter of section one (1) in township eight (8), range number
nine (9); also the following territory in Wayne township, Noble county,
Ohio, to wit: The northwest quarter of section six (6) and the northwest
quarter of the northeast quarter of section six (6). The above territory
being in range eight (8), township eight (8), shall be and is hereby cre-
ated and declared to be a village school district to be known as the Seneca-
ville village school district.

Section 2. All the property within said described territory shall
belong to and be the property of said village school district; and said
village school district shall be entitled to receive its proportionate share
of the school funds and the funds levied for contingent purposes in accord-

439

ance with the last enumeration of children who are entitled to attend
school.

Section 3. Said territory in said Senecaville school district, shall for
all school purposes be under the control and jurisdiction of the board of
education having control of the schools and school property in the village
of Senecaville, Guernsey county, Ohio, and all qualified voters having
legal residence in said territory in Senecaville village school district shall
have the right to vote for members of such board of education as may be
hereafter elected, and such voters shall be eligible to be chosen mem-
bers of such board of education.

Section 4. The board of education is authorised to issue bonds
and levy a tax for the purchase of site and erecting a school building
thereon at a cost not to exceed five thousand dollars (f 5,000), also for
levying this tax from year to year according to law, the levy in any one
year not to exceed eight hundred dollars (?800), until the sum of five
thousand dollars (15,000) and accrued interest is raised.

Section 5. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of tlte House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 2, 180S. 16L

[Senate BiH No. 47.] •

AN ACT

To authorize the county commissioners of Van Wert county to issue certain bonds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Van Wert county, Ohio, be and they
are hereby authorized to issue bonds of said county in the sum of forty-
three thousand dollars, bearing interest at a rate not exceeding five per
cent, per annum, payable semi-annually, and to be of the denomination of
one thousand dollars each, the principal to be payable at the county treas-
ury of said covmty in sums and at times as follows: Three thousand
dollars in two years; five thousand dollars in three years; five thousand
dollars in four year years; five thousand dollars in five years; five
thousand dollars in six years; five thousand dollars in seven years; five
thousand dollars in eight years ; five thousand dollars in nine years ; five
thousand dollars in ten years. Said bonds to be sold to the highest bidder,
^fter having been advertised three times, weekly, in a newspaper having
a general circulation in said county, and three times, weekly, in a news-
paper having a general circulation in the state. Said advertisement shall
>tate the total amount of bonds to be sold, the amount of each bond,
how long they are to run, the rate of interest to be paid thereon, whether
?emi-annual, the law authorizing their issue, the day, hour and place in
the county where they are to be sold. None of said bonds shall be sold
for less than the face [value] thereof with any interest that may accrue
ihereon: and the privilege shall he reserved to reject all or any bids,
^M if said bids are rejected, said bonds shall again be advertised in the

440

same manner. Of the money arising from the sale of said bonds, the
sum of twenty-one thousand dollars shall be paid into the general ditch
fund; the remainder shall be paid into the general county fund.

Section 2. For the purpose of paying the bonds issued under this
act, and the interest thereon, the board of county commissioners of said
county are authorized to levy the sum of eight-tenths of one mill annually,
until said bonds are paid upon all of the taxable proi>erty in said county,
in addition to the general levies now allowed by law. Before said bonds
shall be issued or the tax levied for the payment thereof, the proposition
to issue said bonds and levy said tax shall be submitted by the county
commissioners to the electors of said county at a general or special elec-
tion, after giving fifteen days' notice by publication in two newspapers
of general circulation in the county, and if a majority of the electors in
said county voting on said proposition, shall declare in favor of the issu-
ing of said bonds and the levying of said tax, then and not otherwise
said county commissioners may issue and sell said bonds, and levy said
tax for the payment thereof. The ballots for said election shall have
printed thereon the words, "For issuing bonds and levying tax" and
"Against issuing bonds and levying tax."

Section 3. This act shall take effect from and after its passage.

HARRY C MASON,

Speaker of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 3, 1898. 17L

[House Bill No. 218.]

AN ACT

For the relief of D. V. Heck.

Whereas, D. V. Heck, treasurer of Qay township, Tuscarawas
county, Ohio, had on deposit in the Dennison deposit bank, of Dennison,
Ohio, the sum of ?2,000.01; and,

Whereas, Said bank made an assignment on the 28th day of July,
1896, for the benefit of its creditors; therefore.

Section 1. Be it enacted by tlie General Assembly of the State of Ohio,
That the said D. V. Heck and the sureties on his official bond as treasurer
as aforesaid, be and are wholly relieved and released from the payment
to said township of Clay, or to the officers thereof, or [ofj whatever part of
the two thousand nine dollars and one cent (f 2,009.01) that shall remain
due said D. V. Heck as treasurer aforesaid from said Dennison deposit
bank, of Dennison, Ohio, upon final settlement of the affairs of said bank;
and they and each of them shall be relieved and forever released from all
liability for said sum, and the assignee of said bank is hereby authorized
and directed to pay into the treasury of said township all dividends that
may hereafter be declared in favor of said claim from the assets of said
bank.

441

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Passed March 3, 1898. 18L

[House Bill No. 463.]

AN ACT

To divide Delaware township, Defiance county, into two election precincts.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That Delaware township, Defiance county, Ohio, be and the same is
hereby divided into two election precincts as follows: All of that portion
of said township lying west of a parallel line drawn across said township
from north to south on half section line, across sections number four (4),
nine (9), sixteen (16), twenty-one (21), twenty-eight (28) and thirty-three
(33), being two and one-half miles east and west and six miles north and
south, to be known as the west precinct, and all of that portion of said
township lying east of said dividing line, being three and one-half miles
east and west and six miles north and south, to be known as the east
precinct.

Section 2. This act shall take effect and be in force from and
after its passage.

JOHN R GRIFFITH,
Speaker pro tern, of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 10, 1898. 19L

[House Bill No. 53.]

AN ACT

To transfer certain school territory in Smithfield township, Jeflferson county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That lot eleven, section ten, range three, of Smithfield township, Jefferson
county, containing about one hundred and two acres (now owned by Joel
H. Carr), and situated in subschool district No. 5, of said township, be
and the same is hereby transferred to special or independent district No. 3
of said Smithfield township.

Section 2. This act shall take effect and be in force from and
after its passage.

JOHN & GRIFFITH,
Speaker pro tern, of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 10, 1898. 20L

442

[House Bill No. 58.]
AN ACT

To authorize the board of education of Archbold village special school district,
of Archbold, Fulton county, Ohio, to levy a tax to paj' indebtedness and foi
expenses of continuing schools in said district.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the mwibers of the board of education of Archbold village special
school district, of Archbold, Fulton county, Ohio, be and is hereby
.authorized to levy in addition to the amount now allowed by law, a
tax not to exceed'five mills on the dollar for the years 1898, 1899, 1900,
1901, 1902 and 1903, on all taxable property of said district, for the
purpose of paying indebtedness incurred in building a school-house and
for the purpose of continvring schools in said district.

Section 2. This act shall take effect and be in force from and
:after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Represetitatives.
ASAHEL W. JONES,

President of the Senate,
Passed March 10, 1898. 21L

[House Bill No. 143.]

AN ACT

To authorize the commissioners of Clinton county, Ohio, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of county commissioners of Clinton county, Ohio, are
hereby authorized to transfer from the county building fund to the credit
of the general county fund the sum of forty-nine thousand dollars
($49,000), and from the county ditch fund to the credit of the general
•county fund the sum of fifteen thousand dollars ($15,000).

Section 2. This act shall take effect and be in force from and
.after its passage.

JOHN E. GRIFFITH,
Speaker pro tent, of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 10, 1898. 22L

[House Bill No. 209.]

AN ACT

To authorize the board of education of Jackson towi-ship, Auglaize county, to trans-
fer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of Jackson township, Auglaize county, be
and are hereby authorized to transfer the sum of one thousand dollars

443

<|1,000) from contingent fund to the tuition fund, for the purpose of cor-
recting an error on the book.

Section 2. This act shall take effect and be in force from and
after its passage.

JOHN E. GRIFFITH,
Speaker pro teik. of the House of Representatives.

ASAHEL W. JONES.

President of the Senate,
Passed March 10, 1898. 23L

[Honse Bill No. 242.]
AN ACT

To authorize the commissioners of Montgomery county, Ohio, to levy an additional
tax for the [improvement of the] fair grounds of said county.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Montgomery county, of Ohio, be and they
are hereby authorized and empowered to levy upon the taxable property
of said Montgomery county, one-tenth of one mill on the dollar, for the
years 1898 and 1899 only, in addition to all levies now authorized by
law, for the purpose of improving the fairgrounds of said Montgomery
county. The money collected under the provisions of this act shall be
paid into the county treasury and placed to the credit of the Montgomery
county agricultural board and be subject to the order of said board for
the purposes declared in this section only.

Section 2. This act shall take effect and be i« force from and
after its passage.

JOHN E. GRIFFITH,
Speaker pro tent, of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 10, 1898. 24L

[House Bill No. 270.]

An ACT

To authorize the board of education of the city ot Piqua, Miami county, Ohio, to
issue bonds for the purposes therein named.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of the city of Piqua, in the county of Miami,
and state of Ohio, be and it is hereby authorized and empowered to
issue the bonds of said board, not to exceed in amount the sum of
twenty-five thousand dollars, bearing a rate of interest not to exceed
six per cent, p^r annum, payable semi-annually, and dispose of the same
2^t public, or private sale, at not less than their par value; the proceeds
from the sale of said bonds to be applied to the enlargement of the
present school buildings, or the erection of new buildings, or both, and
suitably furnishing the same, as said board may deem to be most ex-
pedient; said bonds shall be payable at such time or times as said

444

board may determine, not exceeding twenty years from the respectiv
dates thereof. Said bonds shall be issued in sums not less than on
hundred dollars, nor more than one thousand dollars each, signed b
the president and attested by the clerk of the board, and said board ma
at their discretion have coupons attached.

Section 2. That for the purpose of paying the bonds issued undc
1^ I section one of this act, and the interest thereon as the- same shall becom

f duq, said board of education is hereby authorized to levy annually

tax on all the taxable property in said school district, sufficient therefoi
, in addition to tlie tax now allowed by law to be levied for schoc

] purposes.

' ■ Section 3. This act shall take effect and be in force from and afte

its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representative:

ASAHEL W. JONES,
President of the Senat
Passed March 10, 1898. 25L

[House Bill No. 279]

An ACT

To authorize the board of education of St. Clairsville special school district c
Belmont county, Ohi6, to pay Clara A. Alexander.

Whereas, Clara A. Alexander has been teaching room number fou
in St. Clairsville special school district, Belmont county, Ohio, for te
years last past; and was employed, by said board of education, teache
in the same room, for the school year commencing September 1, 189'
at the rate of forty dollars per month; and,

Whereas, By mistake and oversight, the said Clara A. Alexandc
taught said school from the sixth day of September, 1897, to the nint
^ J day of October without having a legal certificate to teach school.

11 Section 1. Be it enacted by the General Assembly of the State of Ohii

>| That the board of education of St Clairsville special school district, b

and they are hereby authorized, empowered and required to draw the!
warrant or order upon the treasurer of said special school district, an
I in favor of the said Clara A. Alexander for the sum of fifty dollars, th

(amount due said Clara A. Alexander for teaching said time, and ths
the treasurer of said school district be directed and required to pay sai
Clara A. Alexander the amount of said warrant out of any funds i
j his hands that may be applicable to the payment of teachers in sai

district.

L Section 2. This act shall take effect and be in force from and aftc

its passage.
I JOHN E. GRIFFITH,

I Speaker pro tern, of the House of Representative'

i ASAHEL W. JONES,

! President of the Senati

Passed March 10, 1898. 26L

445

[House Bill No. 284.]
An ACT

To authorize the board of education of the village of Roseville, Muskingum county,
Ohio, to pay Marguerite Diltz, a teacher of the public school in said village, the
sum of $20.62 on salary due her for services rendered during the year 1897.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of the village of Roseville, Muskingum
county, Ohio, be and are hereby authorized to pay Marguerite Diltz
120.62 from tuition fund in school treasury of said village, for services
rendered as teacher in the public school of said village during the year
1897.

Section 2. This act shall take effect and be in force from and after
its passage.

JOHN E. GRIFFITH,
Speaker' pro tern, of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,
Passed March 10, 1898. ' 27L

[House Bill No. 315.]

An ACT

For the relief of Marion C. Crane, tieasurer of Tully township, Marion county,
Ohia; George E. Lingel, treasurer of Green Camp township, Marion county,
Ohio; Christian Kraner, treasurer of Richland township, Marion county, Ohio,
and the sureties upon their official bonds.

Whereas, On the nineteenth day of October, A. D. 1896, the
Marion deposit bank in the city of Marion, Ohio, failed in a large
amount;

Whereas, Marion C. Crane, treasurer of Tully township, Marion
county, Ohio, had on deposit in said bank as such treasurer at the time
of such failure money belonging to said treasurer in the sum of one
thousand three hundred and fifty-nine dollars and ninety-eight cents,
one thousand dollars of which belonged to the school funds of said
Tully township and the balance to the township fund; and.

Whereas, George E. Lingel, as treasurer of Green Camp township,
Marion county, Ohio, had at the same time on deposit in said bank the
sum of two thousand three hundred and thirty-six dollars and fifty-six
cents; and,

Whereas, Christian Kraner, as treasurer of Richland township,
Marion county, Ohio, had at the same time on deposit in said bank six
hundred and forty-one dollars and forty-one cents, belonging to said
township; and.

Whereas, The trustees of the above named townships did not fur-
nish said treasurers nor either of them with a safe or other means of pro-
tecting such funds in their hands; and,

Whereas, Without fault or negligence on the part of any of the
said above named treasurers said bank became insolvent and made a
general assignment for the benefit of its creditors; and.

446

Whereas, THq said bank will not be able to pay its depositors in
full; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the said Marion C. Crane, George E. Lingel and Christian Kraner,
and their respective bondsmen be and the same are hereby released
from all payment of and liability for so much of the aforesaid funds as
the assignees of said Marion deposit bank shall fail to repay to the
said Marion C. Crane, George E. Lingel and Christian Kraner on the full
and final settlement of said assignment, and they and each of them shall
be relieved of any and all liability for said sum. And the boards of trus-
tees of said townships and the board of education of said Tully town-
ship are hereby authorized and required by suitable resolutions to make
an entry on the records of said townships, releasing the said Marion C.
Crane, George E. Lingel and Christian Kraner and the sureties on their
official bonds as such treasurers from the payment of any balance re-
maining unpaid of said money deposited by them in said bank, provided
that the same be referred to a vote of the electors affected by the same,
at the next general election after the passage of this act; and, provided,
that a majority of the electors so voting shall vote for said release.
And the assignees of said bank are .hereby authorized and required to
pay to the treasurers of said townships all dividends that may hereafter
be declared from the assets of said bank.

Section 2. This act shall take effect and be in force from and after
its passage.

JOHN E. GRIFFITH,
Speaker pro tent, of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Passed March 10, 1898. 28L

[Senate Bill No. 191.]

AN ACT

To amend sections 1, 3 and 9 of an act entitled " An act fixing the compensation of
county officers in counties containing a city of the second grade ot the first
class, passed April 23, 1896 (92 O. L., 602).

[CUYAHOGA COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio
That sections 1, 3 and 9 of an act passed April 23, 1896 (92 O. L., 602),
be amended so as to read as follows:

[Sec. 1.] That in each county containing a city of the second grade
of the first class, the compensation of the officers thereof shall be as follows:
Clerk of the court of common pleas, an annual salary of four thou-
sand dollars, then twenty per cent, the first year, after the passage of this
act, twenty per cent, the second year, after the passage of this act, and
ten per cent, thereafter of all fees actually collected by him and paid by
said clerk into the fee fund as hereinafter provided; sheriff, an annual
salary of four thousand ($4,000) dollars a year, and twenty per cent, the
first year, twenty per cent, the second year, after the passage of this act,
and ten per cent, thereafter of all fees actually collected by him and
paid into the fee fund by said sheriff as hereinafter provided; treasurer,

447

an annual salary of seven thousand ($7,000) dollars; and the legal pen-
alty of five per centum on all delinquent chattel taxes paid or collected,.
but the treasurer shall hire at his own expense all collectors employed,
for that special purpose; auditor, an annual salary of five thousand
(15,000) dollars; recorder, an annual salary of four thousand five hun-
dred (f4,500) dollars; probate judge, an annual salary of five thousand:
(f 5,000) dollars; coroner, an annual salary of two thousand five hun-
dred (^2,500) dollars; judge of the court of insolvency, an annual
salary of two thousand five hundred ($2,500) dollars, which sums shall
be paid to them monthly out of the fee fund of the county hereinafter
provided for, upon the warrant of the county auditor; it being the
intent and purpose of this Section to limit the compensation from all
sources of the officers named, to the sums hereinbefore specified.

Sec. 3. Each of the several officers named in the preceding sec-
tions shall submit to the county commissioners, monthly, during each
year of their official term, a certificate and sworn statement in detail of
all the costs, fees, percentages, penalties, allowances and other per-
quisites of every kind in any cause, matter or proceeding received by
him for services rendered during the month next preceding the time of
making such statement.

Sec. 9. None of the said officers shall be authorized to make any
reduction, abatement or remission of any fee, cost, percentage, penalty
or allowance that may be their duty to charge or collect, except upon
the order of the presiding judge of the court in which said action is
brought, and when the judge shall make any such order, it shall be
entered upon the journal of said court, setting forth the reason for any
such reduction, abatement or remission; nor shall any such reduction,
abatement or remission be made by any of the officers aforesaid, untiF
such entry has first been made upon the journal of said court.

Section 2. Sections 1, 3 and 9 of an act passed April 23, 1896
(92 O. L., 602), are hereby repealed. This act shall be in force and
take effect immediately from and after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives,

THADDEUS E. CROMLEY,
President pro tern, of the Senate:
Passed March 11, 1898. 29L

[Senate Bill No. 127.]

AN ACT

To amend sections 1 and 2 of an act passed March 31, 1892, entitled "An act to-
provide for the improvement of state and county roads in counties containing
a city of the second grade of the first class." [89 O. L., 199, 4670-1.]

[CUYAHOGA COUNTY.]

Section 1. Be it enacted by tlie General Assembly of the State of Ohio,
That sections 1 and 2 of an act passed March 31, 1892, entitled "An act
to provide for the improvement of state and county roads in counties
containing a city of the second grade of the first class," be amended so-
ai to read as follows:

I I

448

Sec. 1. In counties containing a city of the second grade of the first
•class, the commissioners, at their March or June session annually, in ad-
dition to the levy authorized for road and bridge purposes by section
2824 of the Revised Statutes, shall levy on each dollar of valuation of
taxable property within said county, five-tenths of a mill; and in addi-
tion thereto, on each dollar of valuation of taxable property within the
townships outside of the cities and incorporated villages, which town-
ships outside of the cities and incorporated villages are hereby made a
taxing district for that purpose, one mill for the creation of a fund to be
known as the state and county road improvement fund, and to be used
ior the improvement of state and county roads outside of such municipal
corporations.

Sec. 2. The county commissioners of such counties shall have
power to improve any such state or county road or any part thereof, by
straightening or altering the same, and by grading, paving with steel
rails, stone or brick or other suitable material, or a combination of any
or all of these materials, graveling, planking or macadamizing the same
and shall use the funds hereinbefore created for that purpose.

Section 2. The original sections 1 and 2 are hereby repealed.

Section 3. This act shall take effect and be in force from and after
its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives,

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 11, 1898. 30L

[House Bill No. 97.]

AN ACT

For the relief of J. Scott White, treasurer of the special union school district of
^H Columbiana, in the county of Columbiana, and state of Ohio.

Whereas, On the first day of December, 1896, J. Scott White was
treasurer of the special union school district of Columbiana, county of
Columbiana, and state of Ohio, and as such treasurer had on deposit
with the banking firm of J. Esterly and Co., in said village, the sum of
sixteen hundred and twenty-six dollars;

Whereas, On the first day of December, 1896, J Esterly, the man-
-ager and principal owner of said banking institution of J. Esterly and Co.,
died, and that said bank was not opened from the death of said J. Es-
terly until after the receivers were appointed to wind up the affairs of
^aid company on the 21st day of December, 1896.

Whereas, The receivers of said banking company will not be able
to realize on the assets coming into their hands a sufficient amount to
pay the liabilities of said banking company in full.

Whereas, The said J. Scott White, treasurer aforesaid, was not
•furnished with a safe in which to keep said funds.

Whereas, The said banking institution of J. Esterly and Co., did
a large and seemingly prosperous banking business; had on deposit a

449

large amount of money, and enjoyed the confidence of the people in
the community in which they did business.

Whereas, There is in the treasury of said special union school
district funds suificient that it will not be necessary to levy additional
tax to carry into effect the provisions of this act.

Whereas, Eighty-six per cent, of the electors and ninety per cent,
cf the tax-paying electors of said village have, by their petition, ex-
pressed a desire to have the said J. Scott White and the sureties upon
his official bond released from any loss or liabilities growing out of the
failure of said banking company; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That J. Scott White, treasurer of the special union school district of
Columbiana, county of Columbiana, and state of Ohio, and the sure-
ties of his official bond as such treasurer, be, and the same are hereby
relieved from the payment to said special union school district, or either
or any of the said officers thereof, whatever part of the said sum of
|1,626 that shall remain unpaid to the said J. Scott White from the said
leceivers of the said banking company upon the settlement of its affairs.

Section 2. This act shall take effect and be in force from and after
its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 11, 1898. 81L

[Seuate Bill No. 9vS.]

AN ACT

To authorize the board of education of the Eaton village school district, in Wash-
ington township, Preble county, Ohio, to borrow money.

Section 1. Be it enacted by tlie General Assembly of the State of Ohio,
That the board of education of Eaton village school district, in Wash-
ington township, Preble county, be and it is hereby authorized to bor-
row money to an amount not exceeding seven thousand dollars ($7,000),
for the purpose of providing for any deficit in the school fund for the
current year; repairing and remodeling school-houses, and continuing
the schools in said district.

Section 2. Said board is authorized to issue its bonds for said
sum, or so much thereof as may be necessary for the purposes named,
to bear interest not exceeding six per cent, per annum, payable semi-
annually, to be in denominations of fSOO, and to mature within seven
years from date of issue.

Section 3. It shall be the duty of said board to provide for the
payment of the principal and interest as the same become due and pay-
able, and for that purpose said board of education may levy one mill
in addition to all other taxes now authorized to be levied, for not more
than three (3) years, which shall be within said period of seven years.
29

450

Section 4. This act shall take effect and be in force from and after
its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives,

THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Passed March 11, 1898. 32L

[Senate Bill No. 140.]
. _r AN ACT

To provide for an official stenographer for Hancock county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio.
That the judges of the court of common pleas of the first subdivision of
the tenth judicial district of Ohio, and the probate judge of Hancock
county, Ohio, by and with the consent and approval of the circuit judges
in and for the third judicial circuit of Ohio, within thirty days from and
after the passage of this act, and every three years thereafter, shall appoint
for the probate court, court off common pleas .and circuit court of Han-
cock coimty, Ohio, an ofHcial stenographer, which stenographer so ap-
pointed and approved, shall hold his or her position for the term of three
years from and after the date of said approval, and until his or her suc-
cessor be appointed and approved; and such official stenographer shall
apoint such number of assistant stenographers as may be necessary, by
md with the consent and approval of the judges of the court of common
pleas of the first subdivision of the tenth judicial district of Ohio; said
stenographer or assistant stenographers shall not, during the term of said
appointment, be the partner, clerk, student or employee of any attorney
at law practicing in said courts.

Section 2. That such official stenographer and assistant stenog-
raphers shall, before entering upon the duties of said position, take an
oath that he or she will faithfully discharge the duties of said position.
It shall be the duty of such official stenographer, at the request of either
party to an action, and when directed by the court, to make, or cause
to be made, accurate stenographic notes of the testimony of the witnesses,
the charge of the court to the jury, all opinions rendered, and such other
stenographic notes as may be required by the court; and the stenographic
notes so taken shall be the property of the county and filed and preserved
in the office of such official stenographer. It shall also be the duty of
such official stenographer to make, or cause to be made, at the request
o( either party or their attorney, an accurate transcript into longhand
of the notes so taken, or such portion thereof, as may be required, upon
the payment by said party or attorney, of the fees of said stenographer,
as provided in section ^ of this act. It shall also be the duty of such
official stenographer, when ordered by the court, to make, or cause to
be made, an accurate transcript into longhand, of the notes so taken or
such portion thereof as may be required for the use of the judge or judges
hearing said cause. It shall also be the duty of such official stenographer,
when ordered by the prosecuting attorney of said county, to make, or
cause to be made, an accurate transcript, into longhand, of the notes

461

so taken in all criminal cases, or such portion thereof as may be requested
by said prosecuting attorney.

Section 3. Said official stenographer, as herein provided for, shall
receive a salary not to exceed eighteen hundred dollars per annum, to
be fixed by the circuit judges in and for the third judicial circuit of Ohio,
at the time the appointment is approved, which salary shall be in lieu of all
per diem fees in said probate court, common pleas [court] and circuit court.
And it shall be the duty of the county auditor of said county to issue
warrants on the treasurer of said county to the order of said official
stenographer for the payment of such salary out of the general fimd, in
equal monthly installments, upon presentation to him of a certified copy
of the journal entry fixing said salary, which certified copy shall be
furnished said official stenographer on demand by the clerk of the court
of common pleas of said county at the expiration of each and every month.
Said official stenographer shall receive for making the transcript of said
notes into loi^hand, as provided in section 2 of this act, in addition
to said salary, eight cents per folio of one hundred words, and when
more than one such transcript shall be ordered at the same time, the fee
for making such additional transcript, or such portion thereof, shall be
one-third the fee allowed for the first copy, and shall be paid for in the
same manner. All transcripts ordered by the judge or judges hearing
said cause, a minute of which shall be entered on the court docket and
by the prosecuting attorney in criminal cases, as provided by section 2
of this act, shall be paid for out of the county treastiry of said county,
and the clerk of the court shall certify the amount due said official sten-
ographer for such transcript, and upon presentation of said certificate
to the auditor of said county, the auditor shall draw his warrant upon the
treasurer of said county for the payment of said amount out of the general
fund of said county. That the services rendered by the assistant sten-
ographers shall be paid for by the official stenographer.

Section 4. That in every case in the probate court, common pleas
court or circuit court of said county, in which said official stenographer
takes, or causes to be taken, stenographic notes, there shall be taxed as
part of the costs of the case for each day or part of a day's service of
such official stenographer or assistant stenographers, a fee of five dollars.
And the clerk of the court shall furnish the auditor of the county, under
oath, an itemized statement quarterly of the amount of such fees charged,
and the amount of such fees collected, and shall at the same time pay
into the treasury of the county the amount of the fees thus collected,
which, by said treasurer, shall be placed to the credit of the general fund
of said county.

Section 5. Such official stenographer shall have power within said
county to take and certify depositions, and in taking such depositions,
shall have power to swear witnesses, and for such services, shall be entitled
to receive such fees as are provided for by law for similar purposes.

Section 6. Said official stenographer shall be furnished a room in
the court-hou$e of said county, and all stationery and supplies necessary
for the use of said stenograher in the proper discharge of his or her duties,
and the preservation of the stenographic notes shall be furnished by the
commissioners of said county, and paid for out of the general fund of
said county.

452

l-ii

Section 7. This act shall take effect and be in force from and
after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 11, 1898. 33L

[House Bill No. 95,]
AN ACT

For the relief of Jacob N. Yoder, ex-treasurer of the village of Columbiana, in the
• county of Columbiana and state of Ohio.

Whereas, On the first day of December, 1896, Jacob N. Yoder was
treasurer of the village of Columbiana, county of Columbiana and state
of Ohio; and as such treasurer had on deposit with the banking firm
of J. Esterly and Co., in said village, the sum of twelve hundred and
twenty 48-100 dollars.

Whereas, On the first day of December, 1896, J. Esterly, the man-
ager and principal owner of said banking institution of J. Esterly and Co.,
died, and that said bank was not opened from the death of said J. Esterly
until after receivers were apointed to wind up the affairs of said com-
pany on the 21st day of December, 1896.

Whereas, The receivers of said banking company will not be able
to realize on the assets coming into their hands a sufficient amount to
pay the liabilities of said banking company in full.

Whereas, The said Jacob N. Yoder, treasurer aforesaid, was not
furnished with a safe in which to keep said funds.

• Whereas, The said banking institution of J. Esterly and Co. did
a large and seemingly prosperous banking business; had on deposit a
large amount of money, and enjoyed the confidence of the people in
the community in which they did business.

Whereas, There is in the treasury of said village, funds sufficient
that it will not be necessary to levy additional tax to carry into effect
the provisions of this act.

Whereas, Eighty-five per cent, of the electors and ninety-six per
cent, of the tax-paying electors of said village, have by their petition ex-
pressed a desire to have the said Jacob N. Yoder and the sureties upon
his official bond released from any loss or liabilities growing out of the
failure of said banking company; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio.
That Jacob N. Yoder, late treasurer of the village of Columbiana, county
of Columbiana and state of Ohio, and the sureties on his official bond
as such treasurer, be and the same are hereby relieved from the payment
to said village, or either or any of the said officers thereof, whatever part
of said sum of f 1,220.43 that shall remain unpaid to the said Jacob N.
Yoder from the said receivers of the said banking company upon the
settlement of its affairs.

453

Section 2. This act shall take effect and be in force from and
after its passage.

JOHN K GRIFFITH,
Speaker pro tern, of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Passed March 11, 1898. 34L

[ House Bill No. 96.]

AN ACT

For the relief of Henry Staley, treasurer of the board of education, and of the
township of Fairfield, in the county of Columbiana and [of the] state of Ohio.

Whereas, On the first day of December, 1896, Henry Staley was
treasurer of the board of education, and of the township of Fairfield,
county of Columbiana and state of Ohio, and as such treasurer had on
deposit with the banking firm of J. Esterly and Co., in said village, the
sum of five thousand four hundred and twenty eight 97-100 dollars.

Whereas, On the first day of December, 1896, J. Esterly, the man-
ager and principal owner of said banking institution of J. Esterly and
Co., died, and that said bank was not opened from the death of said J.
Esterly until after receivers were appointed to wind up the affairs of
said company on the 21st day of December, 1896.

Whereas, The receivers of said banking company will not be able to
realize on the assets coming into their hands a sufficient amount to pay
the liabilities of said banking company in full.

Whereas, The said Henry Staley, treasurer aforesaid, was not fur-
nished with a safe in which to keep said funds.

Whereas, The said banking institution of J. Esterly and Co. did
a large and seemingly prosperous banking business; had on deposit a
large amount of money, and enjoyed the confidence of the people in the
community in which they did business.

Whereas, There is in the treasury of said board of education, and
of the township of Fairfield, funds sufficient that it will not be necessary
to levy additional tax to carry into effect the provisions of this act.

Whereas, Eighty-five per cent, of the electors and ninety- two per
cent, of the tax-paying electors of said township of Fairfield, have by
their petition expressed a desire to have the said Henry Staley, and the
sureties upon his official bond, released from any loss or liabilities growing
out of the failure of said banking company; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That Henry Staley, treasurer of the board of education, and of the town-
ship of Fairfield, county of Columbiana and state of Ohio, and the sureties
on his official bond as such treasurer, be, and the same are hereby relieved
from the payment to said board of education, and said township trustees,
or either or any of the said officers thereof, whatever part of said sum
of 15,428.97 that shall remain unpaid to the said Henry Staley from the
said receivers of the said banking company upon the settlement of its
affairs.

454

Section 2. This act shall take effect and be in force from and
after its passage.

JOHN E- GRIFFITH,
Speaker pro tern, of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Passed March 11, 1898. 35L

[House Bill No. 98.]

AN ACT

For the relief of Richard Phillips, treasurer of special school district No. 2, in Unity
township, county of Columbiana, and state of Ohio.

Whereas, On the first day of December, 1896, Richard Phillips was
treasurer of special school district No. 2, Unity township, county of
Columbiana and state of Ohio, and as such treasurer had on deposit with
the banking firm of J. Esterly and Co., in said village, the sum of eight
hundred and sixty-two 12-100 dollars.

Whereas, On the first day of December, 1896, J. Esterly, the man-
ager and principal owner of said banking institution of J. Esterly and
Co., died, and that said bank was not opened from the death of said
J. Esterly until after the receivers were appointed to wind up the affairs
of said company on the 21st day of December, 1896.

Whereas, The receivers of said banking company will not be able
to realize on the assets coming into their hands a sufficient amount to
pay the liabilities of said banking company in full.

Whereas, The said Richard Phillips, treasurer aforesaid, was not fur-
nished with a safe in which to keep said funds.

Whereas, There is in the treasury of said special school district
No. 2, funds sufficient that it will not be necessary to levy additional tax
to carry into effect the provisions of this act.

Whereas, Ninety-two per cent, of the electors and ninety-three per
cent, of the tax-paying electors of said special school district No. 2, have
by their petition expressed a desire to have the said Richard Phillips,
and the sureties upon his official bond, released from any loss or liabilities
growing out of the failure of said banking company; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That Richard Phillips, treasurer of special school district No. 2, Unity
township, county of Columbiana and state of Ohio, and the sureties on
his official bond as such treasurer, be, and the same are hereby relieved
from the payment to said special school district No. 2, or, either or any of
the said officers thereof, whatever part of said sum of $862.12 that shall
remain unpaid to the said Richard Phillips from the said receivers of the
said banking company upon the settlement of its affairs.

465

Section 2. This act shall take effect and be in force from and
after its passage.

JOHN K GRIFFITH,
Speaker pro tent, of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 11, 1898. 36L

[Senate Bill No. 134.]

AN ACT

To authorize the council of the village of Germantown, Montgomery county, OhiOi
to issue bonds and levy a tax for the payment of the same and the interest
thereon, for the purpose of providing said village with a system of water-
works.

Section 1. Be it enacted by the General Assembly of the State of OhiOy
That the council of the village of Germantown, Montgomery county,
Ohio, be and it is hereby authorized to issue bonds of said village in
a sum not exceeding twenty-five thousand dollars, bearing interest at
a rate not exceeding six per cent, per annum, payable semi-annually
and redeemable at such times as the council may by ordinance prescribe,
and not more than twenty-five years from date, for the purpose of pro-
viding said village with a system of water-works.

Section 2. Said bonds shall be signed by the mayor and counter-
sigfned by the clerk of said village, in denominations not less than one
hundred dollars nor more than one thousand dollars, and shall not be
sold at less than their face value.

Section 3. The funds realized from the sale of said bonds shall be
used by the council of said village for tfee purpose of constructing, paying
for and maintaining water-works for said village and the inhabitants
thereof.

Section 4. That for the purpose of paying said bonds and the inter-
est thereon, as the same become due, the council of said village is hereby
authorized to annually levy a tax on all the taxable property of said vil-
lage, in addition to the amount that is now authorized by law, sufficient
to meet the payment of said bonds and the interest thereon, as the same
shall become due, which levy shall be placed on the duplicate by the
auditor of the county and collected as other taxes, and when collected,
paid over to the treasurer of said village. All earnings of said water-
works, after deducting current expenses, shall be paid into the sinking
fund and used for the liquidation of said indebtedness.

Section 5. Provided, that before said bonds are issued, the village
council shall submit the proposition of issuing the same to the qualified
electors of said village at a general or special election to be held for such
purpose", at such time and place in the corporation as the council may
determine by resolution. Notice shall be given of the time and place of
holding such election in a newspaper of general circulation in said village,
and the form of ballot shall be as follows : Those in favor of the construc-
tion of water-works and the issuing of said bonds shall have written or
printed on their ballots, "Water-works — Yes." Those opposed to the con-
struction of water-works and issuing of said bonds, shall have written or

456

printed on their ballots, "Water-works — No." Said' ballots shall be pro-
vided by the council of said village, and the expense therefor and of said
election shall be paid by said village. The returns and poll books shall be
made by the clerk, who shall return and present the same to the council at
the first regular meeting after such election, and the result shall be entered
on the minutes of the council, and if it appears that a majority of the
ballots cast at such election are in favor of water-works, then the council
shall proceed to issue such bonds, and not otherwise.

Section 6. This act shall take effect and be in force from and
after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.
THADDEUS E. CROMLEY,
President, pro tern, of the Senate.
Passed March 11, 1898. 37L

[House Bill No. 291.]

AN ACT

To authorize the council of the incorporated village of Glouster, in Athens county,

Ohio, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the council of the incorporated village of Glouster, in Athens
county, Ohio, be an is hereby authorized to transfer two thousand five
hundred and twenty-five dollars and ninety-nine cents from the police
fund to the street fund.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 15, 1898. 38L

[House Bill No. 137.]

AN ACT

To create a joint special school district in Jerome township, Union county, Ohio,
and Concord township, Delaware county, Ohio, and to provide more satisfactory
facilities for the education of pupils in said district.

Section 1. Be it enacted by the General Assefnbly of the State of Ohio,
That the territory comprised within the following boundaries be and
the same is hereby created and declared to be and to constitute a special
school district: Beginning at the northeast comer of Jerome township,
Union county, Ohio; thence west, with the northern boundary of said
township, to the northwest corner of survey number 3005; thence south,
with the west line of surveys numbers 3005 and 2991, to a dirt road;
thence west, with said road, to the northeast corner [of] Mandis Fry's
farm; thence south, with the east line of said Fry's land and the west

457

line of A. J. Hobert's land, to a gravel road; thence west, with said
road, to the corner of H. Rheulen's land; thence south, with the west
line of said land, to the southwest corner thereof; thence east, to the
west line of L. W. McKitrick's land; thence south, with said line and
with the western and southern boundaries of survey number 7187, to J.
G. Woerner's west line; thence south, with said line, to Landon Bishop's
north line; thence, with the north and west lines of said Bishop's land,
to the south line of survey number 6596; thence east, with said line, to
the west line' of J. Sweeney's land; thence south and east with the
boundaries of said land, to the Union and Franklin county line; thence
north, with said line to the south line of Delaware county; thence east,
along said south line, to the Scioto river; thence north, along said river
and the meanderings thereof, to the south line of the girls' industrial
home farm ; thence west, with the south line of said farm and the lands
of A. Lybrand, to the southeast corner of James Jackson's land; thence
north, to the northeast corner of said land; thence west with the north
hne of said land and the lands of Doreta McKitrick, to the Delaware
and Union county line; thence north, with said line, to the beginning.
Section 2. All the school property situated within said described
territory shall belong to arid be the property of said joint special dis-
trict, and said district shall be entitled to receive the proportionate share
of all funds levied for incidental and other school expenses in accord-
ance with the last enumeration of children of school age. The board
of education of said joint special district may, when in its opinion it
will be for the best interest of the pupils in said district, provide for the
conveyance of said pupils to and from school; the cost of such con-
veyance to be paid out of the contingent fund of said district.

Section 3. This act shall take effect and be in force from and after
its passage; but it is not to affect any of the existing^ contracts of the
board of education of either of said townships pertainmg to the schools
and school property now existing therein.

HARRY C. MASON,
Speaker of the House of Representatives,

THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Passed March 15, 1898. 39L

[House Bill No. 234.]

AN ACT

To divide Richland township, Holmes county, dhio, into two election precincts.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That Richland township. Holmes county, Ohio, be divided into two
election precincts, as follows: That sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and
•10 in range 9, sections 4, 5, 6 and 7 in range 8, and the north half of
sections 11, 12, 13, 14 and 15 in range 9, and 14 and 15 in range 8,
shall form the north precinct with voting place at Glenmont; and that
sections 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 in range 9, sections 16,
17, 24 and 25 in range 8, and the south half of sections 11, 12, 13, 14 and
15 in range 9, and sections 14 and 15 in range 8, shall form the south
precinct with voting place at election school-house.

458

Section 2. This act to take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 15, 1898. 40L

[House Bill No. 74.]

AN ACT

To authorize [an] additional levy for county fund of Athens county.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Athens county, Ohio, be and are hereby
authorized to make an additional levy of three (3) mills on all taxable
property of said county in addition to the tax now authorized by law, for
county fund, for the years 1900, 1901, 1902, 1903 and 1904.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,
< President pro tern, of the Senate.

Passed March 15, 1898. 41L

[House Bill No. 92.]

AN ACT

To authorize the commissioners of Van Wert and Allen counties to improve a certaic

watercourse.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Van Wert and Allen counties be
authorized to remove from the bed or channel of Jennings creek in sec-
tions 14 and 22, Spencer township, Allen county, Ohio, the rock ob
structingf the flow of said creek, so as to drain the land overflowed anc
damaged by said obstructions and that the county commissioners b(
jointly authorized to estimate and apportion the expenses of said im
provement, according to the advantages accruing in each of said coun
ties, by reason of said improvement, the cost of said improvement to b(
paid out of the county treasuries as estimated and on warrant of th(
county commissioners.

Section 2. This act shall take effect and be in force from and afte
its passage.

HARRY C MASON,
Speaker of the House of Representatives

THADDEUS E. CROMLEY,
President pro tern, of the Senati
Passed March 15, 1898. 42L

459

[House Bill No. 505.]

AN ACT

To amend an act passed February 15, 1898, entitled " Au act to divide Springfield
township, Jefferson county, Ohio, into two election precincts."

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 1 of an act passed February 15, 189^ entitled "An act to
divide Springfield township, Jefferson county, Ohio, into two election
precincts," be and the same is hereby amended to read as follows:
That Springfield township, Jefferson county, be and the same is hereby
divided into two election precincts, by an east and west line along the
Dorth lines of sections two, eight and fourteen of township twelve, ran^e
four, known as Springfield township. All that portion of said township
lying north of said line shall be known as Bergholz precinct, and the
voting place be at the settlement of Bergholz; all that portion of said
township lying south of said line shall be known as Amsterdam pre-
cinct, and the voting place be at the settlement of Amsterdam.

Section 2. Said original act is hereby repealed, and this act shall
take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 15, 1898. 43L

[House Bill No. 183.]

AN ACT

To authorize boards of education in city districts of the second grade of the first
class to issue bonds, for the purpose of purchasing sites, and erecting and
furnishing additional school buildings.

[CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That boards of education in city districts of the second grade of the
first class, be and they are hereby authorized and empowered to issue
bonds for an amount not to exceed three hundred thousand dollars,
payable at such time and place as said boards of education may deter-
mine; provided, that said bonds shall be made payble within ten years
and six months after the date of the issue thereof.

Section 2. Said bonds shall be issued by said boards; shall con-
tain a citation of the law and resolution authorizing the same; shall be
signed by the school director and the auditor of the board, and shall
bear interest at a rate not exceeding four per cent, per annum, payable
semi-annually.

Section 3. The board of education shall advertise and offer the
said bonds for public sale, in the manner and form, as provided by an
act entitled "An act providing for the sale of public bonds," passed
March 22, i883 (80 O. L., 68). The funds arising from the sale of said
bonds shall be used and applied solely to the purchase of sites and the

460

erection of the necessary buildings thereon, and the furnishing a:i'!
equipping of said buildings for high school purposes.

Section 4. To provide for the redemption of said bonds and the
payment of the interest thereon, said boards of education are herebv
authorized and required to levy, annually, until said bonds mature, upor
the general tax duplicate, of said district, in addition to its levies for al
other purposes, a tax, not exceeding one-tenth of a mill oh the dollar ii
each year. In case there be a board of education sinking fund com-
mission in said school district, the proceeds of said tax so levied, togethei
with the proceeds of the sale of any real estate now owned by sai(
boards of education, and which may be sold before said bonds mature
shall be appropriated and paid over by said boards of education, to tht
board of education sinking fund commission of said district, and tht
said commission shall use said funds, for the redemption of said borids
and the payment of the interest thereon, and for no other purpose.

Section 5. That section 3991^ of the Revised Statutes of C)iiio
as amended April 14, 1892 (89 O. L., 258), and all other statutes incon
sistent with any provision of this act, are herebv repealed, so far as ihs
same are inconsistent herewith, and not otherwise.

Section f>. This act shall take effect and be in force from and attci
its passage. HARRY C. MASON.

Speaker of the House of Represetitatkcs
THADDEUS E. CROMLEV.
President pro tern, of the Senate

Passed March 15, 1898. 44L

[House Bin No. 578.]

AN ACT

To create a separate voting precinct in Paulding township, Paulding county, Obu

Section 1. Be it enacted by the General Assembly of the State of Ohic
That that portion of Paulding township, in Paulding county, Ohic
hereafter described, shall be a separate and independent voting pre
cinct in said township, said voting precinct being as follows, to wit
Commencing at the center of section twenty-two (22) of said township
running thence west on the half section line to Flat Rock creek, thenc
in a southwesterly direction along the line of said Flat Rock creek t*
the west line of said township, thence north on the west line of sai<
township to the northwest comer of said township, thence east on th
north line of said township to the point where it intersects the half sec
tion line running north and south through section three (3) of sal
township, thence south to the place of beginning. Said voting precinc
to be known and designated as the west precinct of Paulding townshii

Section 2. Hereafter there shall be elected a separate assessor fo
said election precinct described in section one of this act.

Section 3. This act shall take effect from and after its passage.

HARRY C. MASON.
Speaker of the House of Representative^
THADDEUS E. CROMLEY.
President pro tern, of the Senati

Passed March 16, 1898. 45L

461

[House Bill No. 102.]

AN ACT

To authorize the trustees of Dover township, Cuyahoga county, to transfer fuuds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of Dover township, Cuyahoga county, be and they are
hereby authorized to transfer X)ne thousand dollars (|1,000) from the
poor fund to the township fund of said township.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 16, 1898. 46L

[House Bill No. 431.]

AN ACT

To authorize the council of the village of Malta, Morgan county, Ohio, to issue
bonds for the purpose of improving and repairing the streets of said village.

Section 1. Be it enacted by the. General Assembly of the State of Ohio,
That the village council of the village of Malta, Morgan county, Ohio,
i> hereby authorized to issue bonds of said village in any sum not exceed-
in? ten thousand dollars (f 10,000), in denominations of not more than five
hundred dollars (fSOO), bearing interest at a rate not exceeding six per
cent, per annum, payable semi-annually, and redeemable at a period not
exceeding twenty years. Said bonds shall be signed by the mayor and
countersigned by the clerk of said village, and said bonds shall not be
^old for less than their par value, and shall be issued in such amounts and
be made payable at such place as the council of said village shall provide
by ordinance.

Section 2. The money arising from sale of such bonds shall be
used by the council of said village for the purpose of improving and
i"epairing such streets as they may determine by ordinance within the
^aid village of Malta, Morgan county, Ohio, and for no other purpose
whatever.

Section 8. Whenever the bonds or any part thereof have been
issued, as provided by this act, it shall be the duty of the council of said
village, as said bonds may fall due, to levy a tax on all taxable property
'"'J said village corporation, sufficient to pay the bonds and interest on
>ame as they may become due.

Section 4. Before said bonds shall be issued the council of the said
tillage shall submit the question of such bonds and taxation to the qualified
electors of said village, ten days' notice of which shall have been given
by posting notice, in writing, in five public places in said village. The
election shall be held at the usual place for holding elections in said vil-
l^g:e,and all electors favoring said proposition shall have written or printed
"n their ballot, "Issue of bonds for street improvement — Yes," and

462

those opposed to said proposition shall have written or printed on th
! ballots, "Issue of bonds for street improvements — No." And shoi

a majority of the electors voting upon ^d proposition vote "Yes," i\
said council shall be authorized to issue said bonds, and not otherwi
Section 5. This act shall take effect and be in force from a
after its passage.

HARRY C MASON,
Speaker of the House of Representati:

THADDEUS E. CROMLEY,
President pro tern, of the Seru
Passed March 16, 1898. 47L

[House Bill No. 376.]

AN ACT

To authorize the city of Urbana, in Champaign county, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of 0
That the city of Urbana, in Champaign county, be and it is hereby autt
ized to transfer, not to exceed three thousand dollars, from the sewer fi
to the bridge fund of said city. Provided, that the question of the tran
of such funds shall be first submitted to a vote of the qualified elect
of said city, and a majority of those voting upon such proposition si
be necessary to authorize such transfer.

Section 2. This act shall take effect and be in force from ;
after its passage.

HARRY C. MASON,
Speaker of the House of Representati

THADDEUS E. CROMLEY,
President pro tent, of the Sen
Passed March 16, 1898. 48L

[Senate Bill No. 145.]

AN ACT

To authorize the trustees of the South Kenton Sunday school association of Ker
Hardin county, Ohio, to convey by deed the real estate now held by thei
such trustees to the Epworth M. E. church of South Kenton.

Section 1. Be it enacted by the General Assembly of the State of 0
That the trustees of the South Kenton Sunday school association of
city of Kenton, county of Hardin, and state of Ohio, be and they
hereby authorized and empowered to sell for such nominal or other c
sideration as may be deemed just and proper by them, and convey
deed to the Epworth Methodist Episcopal church of Kenton, Ohio,
real estate now held by them as such trustees, together with all the rij
and privileges therein, viz. : The east one-third part of in-lots No. 32
and 34, in Thomas Espy's addition to said city of Kenton, Ohio, t<^e
with the buildings thereon and all the furniture in said building belong
to said association.

463

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the H<mse of Representatives,
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 17, 1898. 49L

[Senate Bill No. 132.]
AN ACT

To provide for the creation of a board of park commissioners, and to prescribe the
powers and duties of such board of park commissioners, in cities of the second
class, third grade a.

[SPRINGFIELD.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the second class, third grade a, there shall be a board
of park commissioners, consisting of five (5) members, at least four (4)
of whom shall be electors of the city for which they are appointed, and
one of whom may be an elector of the township in which such city is
situated, although not an elector of such city.

Section 2. The members of such board of park commissioners
shall be appointed by the board of tax commissioners of such city, within
thirty (30) days after the passage of this act, respectively, for terms of
one, two, three, four and five years, and thereafter one member shall
annually be so appointed for the term of five years, and in case of a
vacancy arising from any cause, such vacancy shall be filled by appoint-
ment for the unexpired part of such term.

Section 3. The members of said board of park commissioners
shall serve without compensation, and before entering upon the discharge
of their duties shall each take the oath of office prescribed by law, and
shall give bond in the sum of twenty-five hundred (|2,500) dollars, con-
ditioned according to law, and to the approval of the mayor and council
of such city.

Section 4. Such board of park commissioners shall hold meetings
at least once a month, and shall adopt all necessary rules for the regulation
of its business; it shall keep a complete record of all its proceedings,
which record, or a copy thereof, duly certified by the clerk of said board,
shall be competent evidence of the transactions of said board in all the
courts of this state; the ayes and nays shall be called upon the passage
of every resolution or order; three members of the board shall constitute
a quorum for the transaction of all business, but no resolution or order
shall be adopted unless three members shall vote in its favor. The city
clerk shall act as the clerk of such board of park commissioners, and
shall receive no additional salary or compensation for such services.

Section 5.' Such board of park commissioners shall have the entire
management and control of all parks now belonging to any such city, or
which may hereafter be acquired and of all the streams within and flowing
through any park controlled by such board. Such board of park com-
missioners shall also have the entire management and control of all im-
provements of every nature within the park or parks of any such city;

464

and of all moneys derived from levies made for park purposes and of
moneys from the general fund appropriated by the council for such p
poses, and of the proceeds of all bonds issued or sold for park purpos
and of all moneys or other property donated to any such city for p<
purposes; all of which moneys sh^ll be placed in a special fund called i
"park fund," and shall be disbursed by the treasurer of any such ci
only upon a warrant of the city clerk, drawn in accordance with the on
of such board of park commissioners.

Section 6. Such board of park commissioners shall have power
make contracts for the improvements of the grounds, the erection of 1
necessary bridges and structures therein, and to adopt rules for the p:
tection, care and government of the parks under its charge, and su
rules, when approved by the council of any such city, shall have the sai
effect and may be enforced by the same penalties as ordinances of the ci

Section 7. Such board of park commissioners shall have no pov
to incur any liability for park purposes beyond the amount of the fur
levied therefor or apropriated to their order by the council for such pi
poses.

Section 8. Such board of park commissioners may employ sii
superintendents, landscape gardeners and other employes as it may de(
necessary for the execution of its duties, and fix their salaries or comp(
sation ; and any such persons may be removed by such board at any tir

Section 9. Such board of park commissioners shall annually,
the first Monday in April, make a report to the council of their proceedin
in respect to parks, with a detailed statement of their receipts and expt
ditures during the year; and they shall also at the same time submit
the council a detailed estimate of the amount of money necessary to ma
tain and improve such park or parks for the ensuing year.

Section 10. Any and all other acts and all sections and portic
thereof of the Revised Statutes of Ohio in so far as the same conflict
are inconsistent with any of the provisions of this act, are hereby repeal*

Section 11. This act shall take effect and be in force from a
after its passage.

HARRY C. MASON,
Speaker of the House of Represctitati:

ASAHEL W. JONES.
President of the Sefw
Passed March 17, 1898. SOL

[Senate Bill No. 22.]

AN ACT

Conferring additional jurisdiction on the courts of insolvency in any county c(
taining a city of the second grade of the first class.

[CUYAHOGA COUNTY.]

Section 1 . Be it enacted by the General Assembly of the State of Oh
That in every county containing any city of the second grade of the fii
class wherein a court of insolvency is established, said court shall ha
original jurisdiction of appeals from the decisions of justices of the pea»

465

including error thereto, and also certification of proceedings by said
justices of the peace in all civil cases, as fully and completely in every
respect as is now possessed by the court of common pleas; provided
that litigants shall have as heretofore the same right of appeal and error
from the court of insolvency to the circuit court as is allowed now by
appeal and error proceedings in similar cases from the common pleas to
the circuit court. And any judge of the court of common pleas of the
county wherein such court of insolvency is established, is hereby author-
ized to transfer to the court of insolvency any of the actions and proceed-
ings aforesaid, now or hereafter pending in said common pleas court; the
same to be there proceeded in as if the same had been originally com-
menced in said court of insolvency, having regard to the former proceed-
ings therein, and the costs before accrued in the final record as may be
right and proper. And when any cause is transferred from the court of
common pleas as aforesaid, the clerk of the common pleas court shall
enter such transfer on his docket, and from thenceforth the said cause
shall not be considered in said court. And all laws now in force, or that
may be hereafter enacted, regulating the mode and manner of proceeding
in such cases by the common pleas court, shall be held and deemed to
extend to the court of insolvency.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 17, 1898. 51L

[Senate Bill No. 270.]

AN ACT

To authorize and require the commissioners of Lucas county, Ohio, to build a jail
and residence in the same for the sheriff t»f said county; to levy taxes to pay
for the same; and to dispose of the present jail after said new jail is ready for
occupancy.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Lucas county, Ohio, be and they are
hereby authorized and required to construct a jail, including apartments
therein, to be used by the sheriff or jailor of said county as a residence,
at the county seat of said county, to wit: at the city of Toledo, Ohio.
The plan for said jail shall be determined upon by said county commis-
sioners, who shall advertise the contract for the building of the same in
two democratic and two republican newspapers, of daily circulation located
in said county, according to law, and shall let the same to the lowest
responsible bidder according to law, which contract shall require the
building aforesaid to be completed as soon as practicable, at a cost for
said buiding not to exceed one hundred thousand dollars (|100,000).

Section 2. That the said county commissioners referred to in sec-
tion 1 of this act, shall have no power to make an extra allowance to
any contractor for the building of said jail and sheriff's residence, or any
part thereof; nor shall any change or alteration be made which shall
80

4G6

li^

affect the contract, unless the difference in the costs of said alteration
or change, be first agreed upon by the said county commissioners and
the contractor affected by said change or alteration, and no change or
alteration shall be made which will increase the cost of said jail building
and sheriff's residence over the sum of one hundred thousand dollars
(1100,000).

Section 3. That the said county commissioners of Lucas county,
Ohio, for the purpose of building said jail and sheriff's residence referred
to in section 1 of this act, be and are hereby authorized to levy a tax
at their June session for the years 1898 and 1899, on all the taxable
property within said county, not exceeding one (1) mill on the dollar
for each year, in addition to all other levies authorized by law, the same
to be collected as other taxes, for the purpose of paying for said jail
and sheriff's residence.

Section 4. That after said jail and sheriff's residence referred to
in section 1 of this act, shall have been completed and ready for occu-
pancy, said county commissioners of Lucas county, Ohio, be and are
heceby authorized and directed to remove the present jail and sheriff's
oesidcnce of said county, and to dispose of the material composing the
same, in such a way as to be most advantageous to said county, and all
funds and moneys realized from the disposition of such material shall be
used in paying for said jail and sheriff's residence referred to in section
I of this act.

Section 5. That all funds and moneys realized from the levy referred
to in section 3 of this act, and from the sale of material referred to in sec-
tion 4 of this act, which are not needed to pay for the construction of said
jail and sheriff's residence referred to in section 1 of this act, shall, after
said jail and sheriff's residence is paid for, be transferred and accredited
to the general fund of said Lucas county, Ohio, to be there appropriated
and used according to law.

Section 6. That before any of the provisions recited in sections 1,
2, 3, 4 and 5 of this act shall become lawful, the said county commissioners
of Lucas county, Ohio, shall submit the proposition of building said jail
and sheriff's residence to the qualified electors of said Lucas county, Ohio,
at the spring elections to be held on the first Monday in April, A. D.
1898. Said proposition shall be voted upon at the usual places of hold-
ing elections in said county, and notice thereof shall be given by the
posting of notices for at least ten days prior to the holding of said elec-
tions, in all the places where the notices of said elections are required
by law to be posted. All those in favor of the building of said jail and
sheriff's residence, the appropriating of said moneys, and the removal of
said present jail as recited in sections 1, 2, 3, 4 and 5 of this act, shall
have written or printed on their ballots, *'The building of a new jail —
Yes." All those opposed to said proposition as recited in sections 1, 2, .*{,
4 and 5 of this act, shall have written or printed on their ballots, "The
building of a new jail — No." Said ballots shall be provided by the
board of elections of said county of Lucas, and the expense thereof shall
be paid by said board of elections out of the funds provided for the pay-
ment of the election expenses in said Lucas county, Ohio. The vote upon
said propositions shall be canvassed, and the returns made to said board
of elections by the regularly authorized election officers of the variou?
voting places, and the result thereof shall be entered upon the record

467

kept by said board of elections of Lucas county. And if it appears that
a majority of those voting upon said propositions are in favor of the
same, then the said county commissioners of Lucas county shall carrj'
out the purposes and provisions of this act. But if it appears that a
majority of those voting upon said propositions are not in favor of the
same, then the provisions contained in seictions 1, 2, 3, 4 and 5 of this act
shall be considered void and of no force or effect.

Section 7. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 17, 1898. 52L

[Senate Bill No. 119.]

AN ACT

To repeal an act passed April 27. 1896 (O. L. 92, page 664), entitled "An act for the
creation of a special school district out of the territory of subdistrict No. 2 of
Roundhead township, Hardin county, Ohio.*'

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That an act passed April 27, 1896 (O. L., vol. 92, page 664), entitled
"An act for the creation of a special school district out of the territory
of subdistrict No. 2 of Roundhead township, Hardin county, Ohio,"
be and the same is hereby repealed, and this act shall take effect and be
in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 17, 1898. 5aL

[Senate Bill No. 124.]
AX ACT

To authorize the board of education of Roundhead township, Hardin county, Ohio,
to borrow money for the purpose of purchasing the necessary real estate and
constructing an^ equipping a school-house in subdistrict No. 2, in said town-
ship, for a township high school, and to issue bonds therefor.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of Roundhead township, Hardin county,
Ohio, be and the same is hereby authorized and empowered to issue
bonds not exceeding f6,000 in amount, for the purpose of purchasing
a site for the erection thereon of a township high school building in sub-
district No. 2, of said township; said bonds to be issued at such times
and in such sums, and payable at such times, not exceeding eight years,
as said board of education may by resolution determine. Said bonds

468

shall be signed by the president of said board of education and counter-
signed by the clerk thereof, and shall bear interest at a rate not exceed-
ing six per cent, payable semi-annually. Said bonds, when issued,
shall not be sold at less than their par value. The proceeds of said
bonds shall be paid into the treasury of the board of education to be
used as needed for the purchase of said school site and the erection of
a school-house thereon, and the proper furnishings of the same. The
clerk of said board of education shall keep a record of the number, date,
amount, rate of interest, time when payable, sum for which and person
to whom sold, which record shall be open to the public at all reason-
able times.

Section 2. That to provide for the payment of said bonds and the
interest thereon the board of education of said township of Roundhead,
county of Hardin, is hereby authorized and required annually to levy a
tax on all taxable property' in said township, not exceeding three mills
per annum on the dollar valuation. Which levy may, if in the opinion
of said board it become necessary, be in addition to that now authorized
by law to be levied by said board. The proceeds of said levy to be
used in the payment of said bonds and the interest thereon as it may
fall due.

Section 3. That the said school building, when completed, shall
be managed and controlled by said board of education, and the tuition
shall be free to all resident pupils of school age in said township, sub-
ject to such rules and regulations as the said board of -education shall
prescribe.

Section 4. Provided, that before the purchasing of a site and the
contracting for the erection of such high school building and the issuing
of the bonds aforesaid, the said board of education of Roundhead town-
ship, Hardin county, Ohio, shall submit the proposition of issuing said
bonds to the qualified electors of said township at a general or special
election to be held in said township in the year 1898. Said election
shall be held at the usual place of holding elections in said township,
and notice thereof shall be given by the posting of notices in at least
ten public places within said township for at least ten days prior to the
holding of said election. Those in favor of the issuing of said bonds
and the levying of the additional tax, as herein provided, shall have
written or printed on their ballots, "The issuing of bonds for purchasing
site and erecting high school building — Yes." Those opposed to the
purchasing of the site, and the issuing of said bonds, and the levying
of such additional tax, shall have written or printed on their ballots,
"The issuing of bonds for purchasing site and erecting high school
building — No." Said ballots shall be provided by the board of educa-
tion of said township, and the expense thereof shall be paid by said
board of education. The returns and poll-books shall be made to the
clerk of the board of education, who shall present the same to said
board at a meeting to be held at the next regular meeting of said board
of education, and the result of such election shall be entered upon the
record kept by said clerk. And if it appear that a majority of the bal-
lots cast at such election are in favor of the purchasing of such site and
the erection of a high school building thereon, and the issuing of bonds
and the levying of an additional tax as aforesaid, tlien the said board
of education shall carry out the purposes and provisions of this act.

469

Section 5. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed March 17, 1898. 54L

[Senate Bill No. 137.]

AN ACT

For the relief of Mathias M. Ridenour, treasurer of Latty township, Paulding

county, Ohio.

Section 1. Be it enacted by tlie General Assembly of the State of Ohio,
That there shall be submitted to the electors of Latty township, in the
county of Paulding and state of Ohio, at the next general election to be
holden therein the proposition to reUeve Mathias M. Ridenour and the
sureties of his official bond as such treasurer from the payment to the
said township, or either or any of the officers thereof, the sum of three
hundred and ninety-one dollars (f391.00), the amount of money which
was stolen from the township safe of said township on the first day of
September, A. D. 1897, and no part of which has been recovered by
the said treasurer, Mathias M. Ridenour.

Section 2. The ballots to be voted at such election upon said
proposition shall have written or printed thereon, "For relief — Yes,"
or "For relief — No," and if a majority of all the votes cast upon said
proposition at said election shall be in favor of the relief of the said
treasurer and his said bondsmen, then the said Mathias M. Ridenour
as treasurer as aforesaid and the securities on his said official bond as treas-
urer of said towmship shall be forever wholly relieved and released from
the payment to said township or the officers thereof, any part of the
said sum of three hundred and. ninety-one ($391) dollars.

Section 3. If for any reason the said proposition shall not be sub-
mitted to the said electors at the first general election to be holden in
said township after the passage of this act, then the same shall be sub-
mitted to such electors at the next succeeding general election thereafter
held in said township.

Section 4. The deputy state supervisors of elections of the said
county of Paulding shall cause notice of the submission of said proposi-
tion to the electors of said township to be given by publication in two
newspapers of opposite politics which have a general circulation in said
township, at least ten days prior to the date upon which such election is
to be held, the cost of said publication shall be paid by the said Mathias
M. Ridenour.

Section 5. This act shall take effect and be in force from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 17, 1898. 55L

]■

470

[Senate Bill No. I '22.]
AN ACT

To authorize the township trustees of Union towuship, Ross county, Ohio, to levy
a tax on the taxable property of the North precinct of said Union township*
for cemetery purposes.

Section 1. Be it enacted by tlie General Assembly of the State of Ohio,
That the township trustees of Union township, Ross county, Ohio, are
hereby authorized to levy, annually, upon the taxable property of the
North precinct of said Union township, the sum of fifty dollars. Said
money to be collected by the county treasurer of Ross county, Ohio.
the same as other taxes, and when so collected shall be paid over to
the treasurer of the board of cemetery trustees by said county treasurer
upon the warrant of the county auditor, [of Spring Bank cemeter),] said
cemetery being located in said North precinct of Union township, Ross
county, Ohio.

Section 2. Tlie funds arising from said annual levy to be ex-
pended by said cemetery trustees, in the proper care and maintenance
of said Spring Bank cemetery, and said board of cemetery trustees shall
annually, on the first Monday of March in each year, render to the
trustees of said Union township, Ross county, Ohio, an itemized ac-
count of the expenditure of all moneys coming into their hands under
the provisions of this act, to whom paid and what for.

Section 3. This act shall take eflFect and be in force from and after
its passage.

HARRY C. MASOX,
Si>eaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 17, 1898. 56L

[Senate Bill No. 238.]

AN ACT

To create Jefferson township, Crawford county, Ohio, into a special road district

Section 1. Be it enacted by th<^ General Assembly of the State of Ohio.
That the township of JeflFerson, situated in the county of Crawford, be
and the same is hereby constituted and made into a separate and inde-
pendent road district, for the purpose of macademizing, working, repairing-
and improving the roads and highways in said township as herein set
forth and independent of and free from the operation of existing laws
relating to the improvement of roads and highways and of all other laws
not consistent or in harmony with the provisions of this act.

Section 2. After the passage of this act, one supervisor shall be
elected for each and every road district, whose duty it shall be to do the
general work as heretofore; under this act the office of road commissioner
shall be created, the said commissioner shall be a resident taxpayer of
the township whose duty it shall be to do or oversee all work ordered
by the trustees, such as improving the roads, grading and improNnng^

471

with stone and gravel and so forth. The township trustees shall appoint
one resident taxpayer of each road district in the township, and they
together with the trustees shall constitute a board to make said appoint-
ment, and said board shall make such appointment without compensa-
tion, and no person who makes application therefor to said board shaD
be so appointed, and such appointment shall be for the term of one year,
subject to removal by the board so constituted for negligence of duty,
and he shall take an oath of office and shall give bond to the satisfaction
of the township trustees. Said road commissioner shall be allowed and
paid out of the general fund of the township or out of the road fund
on the allowance and approval of the township trustees one dollar and
fift)' cents per day for each full day of ten hours actually and necessarily
devoted to the performance of his official duties as herein set forth, and
the amount due for such services shall be settled and paid at least once
every three months, and the said road commissioner shall in presenting
a claim for services, make a full itemized statement of such services and
the trustees shall allow only such thereof as is just and right.

Section 3. That the taxpayers of each road district may determine
by a petition or otherwise, the place of beginning of said improvements,
in the absence of such determination, or in case of a tie vote, the trustees
shall determine said place of beginning.

Section 4. That for the purpose of making said improvements, as
herein authorized, the township trustees are authorized to levy and assess
annually a tax not to exceed three mills on the dollar on all taxable prop-
erty in said township, including the tax for roads now authorized by law,
to be made and certified, the same as other township levies, and the tax
shall be collected and paid over the same as other taxes, and all road taxes
shall be payable in money, except as herein provided, and when collected
and received shall constitute the township road fund, and shall be used
wholly in making the improvements as herein authorized, and for no other
purpose, provided two mills of said road tax may be paid in labor, to be
performed at such place or places and time, as the trustees may direct
from time to time, in constructing said roads or in making said improve-
ments, and to be done under the direction and cdntrol of said road com-
missioner, and for that purpose his certificate to the extent of the labor
actually performed and not to exceed the amount of the tax that might
be lawfully paid in labor, shall have the same force and effect as the cer-
tificate of road supervisors in other cases.

Section 5. That the trustees shall have authority by this act to
formulate a schedule of rates for hauling the material.

Section 6. If any taxpayer performs, or causes to be performed,
more labor in any one year than the levy calls for that he may lawfully
perform in labor, the road commissioner shall give such taxpayer credit
in a book kept for that purpose by the road commissioner, and a voucher
bearing the amount of such overwork, and said taxpayer may present
such voucher in subsequent years to the road commissioner, and receive
a certificate to present to the county treasurer in lieu of such levy as may
be lawfully performed in labor, but the said vouchers or accounts shafi
in no case become interest-bearing, and the said trustees or road commis-
sioner shall have no power whatever to create an interest-bearing debt
on said township.

472

Section 7. For the purpose of making said improvements the
township trustees shall have power to purchase such necessary imple-
ments, machinery, appliances and stone or gravel, and to let contracts
for grading whenever, in the estimation of the ' trustees, it would be
expedient and proper, said contracts to be advertised and let the same
as other township work. Tlie roads shall be well provided with the nec-
essary side drainings, waterways and under-drains to prevent overflow-
ing or washing of water; and the commissioners of the county shall,
upon the application of the township trustees, cause the necessary bridges
and culverts on said road to be constructed or reconstructed m a sub-
stantial manner so as to conform to the grades of the improved road.

Section 8. Before the said act shall become operative, it shall fint
be submitted to a vote of the qualified electors of said Jefferson town-
ship, Crawford county, Ohio, and if said act be ratified and affirmed by
a majority of all the votes cast for or against said proposition, at any
general election to be called by the trustees for that purpose, and in either
case by giving notice thereof, in writing, for ten days, and said notices
shall be placed in ten conspicuous places in said township. The election
shall be held at the usual places of holding the elections in said township,
and all the electors favoring said proposition shall have written or printed
on their ballots, "Levy of tax for road improvement — Yes," and those
opposed to said proposition shall have written or printed on their ballots,
"Levy of tax for road improvemenits — No." And should a majority
of the electors voting upon said proposition vote "yes," then said board
of trustees shall be authorized to levy tax as provided in this act and
not otherwise.

Section 9. This act shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 18, 1898. 57L

[ House Bill No. 579.]

AN ACT

To authorize the township of Grand Rapids, in Wood county, Ohio, and the
village of Grand Rapids, in said township, to jointly erect, own and occupy
a town hall, to be located in said village, and to repeal a certain act therein
named.

Section 1. Be it enacted bv the General Assembly of the State of Ohio,
That the township of Grand Rapids in Wood county, Ohio, and the
village of Grand Rapids in said townsliip be and they are authorized
to purchase a site in said village and erect thereon a town hall for the
joint use of the inhabitants of said township and village. The cost of
said site and building shall not exceed the sum of five thousand dollars
(f 5,000), and shall be borne equally by said township and village.

Section 2. Before any expense shall be incurred for such site and
building the question of the erection of such hall shall be submitted

473

to the electors of said township and of said village by the trustees of the
township and the council of the village jodntly at a general or special
election. If a majority of the votes cast at such election shall be in favor
of erecting such hall, then the board of trustees of the township and
the council of the village shall issue and sell bonds of the township and
of the village respectively for an amount sufficient to raise its share of
the expense of such site, building and furnishing. The bonds shall bear
interest not to exceed six (6) per centum, payable semi-annually, and
shall mature at such times as the trustees and council shall respoirtively
prescribe by resolution; and said bonds shall not be sold for less than
their par value. And the trustees of said township and the council of
said village are hereby authorized to use in payment of their respective
shares of the expense of said site and building whatever funds have
already been collected for the purpose of provi(Sng a town hall in said
township, under an act passed for that purpose, on January 17, 1893.
And the said trustees and said council are respectively authorized and
empowered to levy a tax upon all the taxable property within their re-
spective jurisdictions in addition to the taxes now authorized by law,
to such an amount as shall be necessary to meet the interest and prin-
cipal of such bonds.

Section 3. If the election aforesaid, shall result in favor of the
erection of such hall, the justices of the peace of said township shall, in
conjunction with a third person, to be chosen by them, select and appoint
three (3) judicious electors of said township and village, to be known
as a building committee, who shall have authority to select and purchase
a site, procure and approve plans for, and contract for and superintend
the erection of said building thereof.

Section 4. During the erection of said building the said committee
may authorize and permit, and after the erection thereof the township
trustees or the village council may authorize and permit any persons
or organization to place upon the walls of said building, at such places
as said authorities may designate, suitable tablets with appropriate in-
scriptions thereon to the memory of deceased soldiers and sailors of the
United States.

Section 5. The title to" such site and building shall be taken to
and held by the mayor of said village, and his successors in ofiice, in
trust for the said township and said village as tenants in common thereof.
The expense of insurance, repairs and proper maintenance of the prem-
ises shadl be borne equally by said township and village, and any income
from the use of said premises, by way of rent or otherwise, shall be equally
divided between said township and village. Immediately after the com-
pletion of said building ready for occupancy, the trustees of said township
and the council of said village shall meet in joint session in said village and
shall by ballot choose three judicious persons, electors of said township
and village, to serve as a board of control of said premises under such
rules and regulations as the trustees of the township and council of the
village may jointly agree upon; at the first election the members of
siid board of control shall be selected respectively for one, two and three
years, and annually thereafter a member shall be chosen in the same
manner to serve for three years.

Section 6^ The aforesaid act passed January 17, 1893, is hereby
repealed.

474

Section 7. This act shall take effect from and after its passage.

HARRY C. MASON,

Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tent, of the Senate.
Passed March 21, 1898. 58L

[ House Bill No. 298.]

AN ACT

To create Tymochtee township, Wjrandot county, Ohio, into a special road district.

Section 1. Be it enaeted by the General Assembly of the State of Ohio,
That the township of Tymochtee situate in the couiity of Wyandot, be
and the same is hereby constituted and made a separate and independent
road dis-trict for the purpose of macadamizing, repairing and improving
the roads and highways in said township, as herein set forth, independent
of, and free from the operation of existing, laws relating to the improve-
ment of roads and highways, and all other law s not consistent or in har-
mony with the provisions of this act.

Section 2. After the passage of this act, road supervisors for the
districts into which the said township has heretofore been divided shall
not be elected or appointed.

Section 3. At the first April election after the passage of this act,
and each year thereafter, there shall be elected in said township, an
officer to be known as road comimissioner of said township, who shall
hold his office for the period of one year, and until his successor is elected
and qualified; and the township trustees shall have power to fill any
vacancies in such office for the unexpired term that may occur, and
such road commissioner, whether elected or appointed, shall take an
oath of office and give bond for the sum of fifteen hundred dollars with
at least two sureties approved by the said trustees, conditioned for the
honest and faithful discharge of all duties that may pertain to siich office,
and be under the control and directions of the township trustees m all
duities connected with his office. Said road commissioner shall be allowed
and paid out of the general fund of the township, or out of the road
fund, one dollar and fifty cents per day for eaich full day of ten hours
actually and necessarily devoted to the performance of his official duties
as herein set forth, atKl the amoimt due for such service shall be allowed
and paid at least once every three months upon the road commissioner
presenting a claim and making a full itemized statement of such services,
which the trustees shall allow if just and rigiht.

Section 4. After the passage and adoption of this act, the trustees
of said township shall cause to be made a plat of the principal roads of
said township, and shall designate the roads and parts of roads to be
macadamized, showing places of beginning, and shall yearly thereafter
decide how much work shall be done on each road, and from time to time,
as the work on specified roads shall be completed, add other roads thereto,
until all the roads of the township shall be improved. The trustees shall
also prepare specifications for the work, cause the hills to be graded
by letting contracts for same, and shall have power to purchase necessar}'

475

implements and appliances, and make contracts for material to be fur-
nished for a term and not exceeding five years, and for all services ren-
dered u«der this act shajll receive such compensation out of the general
fund or road fund as is allowed for similar work under existing laws.

Section 5. The said road commissioner is hereby authorized, under
the instruction of the trustees, to improve and cause to be im-proved,
the roads of said township that are designated by the trustees, by causing
them to be macadamized as may be necessary or proper, to construct
a district side of and parallel thereto, except in such places where the
expense of constructing such dirt road would be unreasonable, to cause
all the roads of the township to be worked, scraped and leveled as may
be necessary and proper, and perform such other road work as the
trustees may order. The said road commissioner sihall have the same
power to enforce the two-day road work as is conferred by law upon
road supervisors.

Section 6. For the purpose of making the improvement herein
authorized, the trustees are authorized to levy a tax not to exceed tliree
mills on the dollar of all taxable property in said township, to be made
and certified the same as other township levies, and shall not make any
levy to be paid in labor under existing laws, and the tax shall be collected
and paid over the same as other taxes and all road taxes shall be paid in
money, except as hereinafter provided, and when collected and received,
shall constitute a township road improvement fund, and shall be used for
the purpose of making road improvements and for no other purpose:
provided, twx) mills of said road tax levied may be paid in labor to be
performed at such times and places as the road commissioner may order,
and his certificate to the extent of the labor actually performed, and
noc to exceed the part of tax that might be lawfully paid in labor, shall
have the same force and effect as the certificate of road supervisor in
other cases. Laborers shall not be credited more for their labor than
one dollar and fifty cents per day of ten hours' actual work, as for teams
more than the amount that they can earn in hauling material at twenty
cents per cubic yard for the first half mile, and five cents i>er cubic yard
for eachr additional one-half mile.

Section 7. If any taxpayer, by order of the road commissioner,
performs or causes to be performed, more labor in any one year than he
may lawfully perform in labor, the road commissioner shall give such
taxpayer credit in a book kept for that purpose, and a voucher showing
the amount of such overw^ork, and such tax|>ayer may present such
voucher to the road commissioner in subsequent years, and receive a
certificate to present to the county treasurer in lieu of such part of taxes
as may be lawfully performed in labor, but such voucher shall in no
case bear interest, nor shall the road commissioner or trustees under
this act have any power whatsoever to create an interest-bearing debt
on said township, the road commissioner shall keep a record of his
transaction and report the same to the township trustees when called
tipon so to do, and in any event must make a full report to them at
the time of the annual settlement.

Section 8. Before this act shall become effective, it shall be sub-
mitted to the qualified voters of said township at a general election to
^ held in said township, or at a special election to be called by the trus-
t^s for that purpose. In either case, notice shall be given in writing
^^ ten days, and said notice shall be posted in ten conspicuous places

I I

476

in said township. The election shall be held at the usual place for holding
elections in said township, and all electors favoring said proposkion
shall have written or printed on their ballot, "Levy of tax for road im-
provements — Yes." And those opposed to said proposition shall have
written or printed on their ballot, "Levy of tax for road improvements —
No." And should a majority of the electors voting upon said proposi-
tion vote "yes," then this act shall be considered ratified and take effect,
and not otherwise.

Section 9. This act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Represetitatives.
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed March 21, 1898. 59L

[ House Bill No. 83.]

AN ACT

To provide for an official stenographer for the county of Gallia.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the judges of the court of common pleas of the third subdivision
of the seventh judicial district of Ohio, shall within thirty days from the
passage of this act, and every third year thereafter, appoint for the count)
of Gallia an official stenographer. Said stenographer shall be furnished
the necessary stationery for the performance of official duties by the
county commissioners of said county. Said stenographer shall not
during the term of his or her said office, be the partner, ckrk, studeni
or regular employe of any attorney residing or practicing in said county

Section 2. Said stenographer shall hold his or her office for tli<
term of three years from and after the date of his or her appointmeni
and until his or her successor shall be appointed and qualified, unless
sooner removed by the court for the neglect of duty, misconduct oi
f incompetency. Such official stenographer shall, before entering upor

the duties of said office, take an oath of office for the faithful performanct
of the duties thereof. Such stenographer shall receive a salary of thret
hundred dollars (f300) per annum, payable quarterly out of the county
treasury of said county, which salary shall be in lieu of all per dien
fees in the circuit and common pleas courts of said county ; and it shal
be the duty of the auditor of said county to issue warrants on the treasure
for the payment of said salary, as herein provided, out of the genera
fund, upon presentation to him of a certified copy of the journal entr]
of the appointment of said official stenographer.

Section 8. It shall be the duty of such stenographer, unless waive<
by the parties, to make, or cause to be made, accurate stenographi<
j notes of the testimony of the witnesses, the charge of th-e court to th<

jury, all opinions rendered, and all such other oral proceedings as th
court or the parties may direct in all cases actually tried or heard ii
the circuit and common pleas courts; and the shorthand notes so takei
. shall be the property of the county, and shall be preserved in the offic
of the clerk thereof; provided, that if sessions of the common pleas an^

477

circuit courts in said district are holden on the same days, said sten-
ographer shall give preference to the common pleas court, unless excused
by the judge thereof. It shall also be the duty of such stenograph,er to
make, or cause to be made, at the request of either party, his attorneys
or the court, an accurate transcript into longhand of tlie notes so taken
in any case, or such portion thereof as may be requested, to be paid for
forthwith by the party or parties ordering the same, and the cost of
said transcript, if used on appeal or error, to be taxed in the cost and
adjudged as the court may direct; but no transcript of the notes into
longhand shall be paid for out of the county treasury in any case, unless
such transcript shall be ordered by the judge or judges trying the case
for his or their own use, and in criminal cases by the prosecuting attorney.
All such transcripts ordered by the judge or judges trying the case, and
by the prosecuting attorney in cruninal cases, shall be paid for out of
the county treasury, and the clerk of the court shall certify the amount
of such transcripts, which certificate shall be a sufficient voucher to the
auditor of the county, upon which he shall draw hi$ warrant upon the
county treasurer, and when so paid such fees shall be taxed and collected
as other costs in the case. Such stenographer shall also, without extra
charge or compensation, take from the dictation of the court such short-
hand notes as may be required in preparing opinions and charges to juries.

Section 4. Said stenographer shall receive for making such trans-
cripts of said notes into longhand, in addition to said salary, six cents per
folio of one hundred words, and when more than one transcript shall
be ordered at the same time, the fee for making such additional transcript
or such portion thereof, shall be one-third the fee allowed for the first copy,
and shall be paid for in the same manner. And in every case reported
in said courts, there shall be taxed for each day's services of such stenog-
rapher, a fee of four dollars, to be collected as other costs in the case,,
and when so collected, to be by the clerk of the court paid quarterly
into the treasury of the county where earned.

Section 5. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

THADDEUS R CROMLEY,

President pro tern, of the Senate.
Passed March 21, 1898. 60L

[ Senate Bill No. 265.]

AN ACT

To divide Washington township, Franklin county, Ohio, into two election precincts-

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That Washington township, Franklin county, be and the same is hereby
^livided into two elec^on precincts, by a line commencing at the southeast
comer of Union county at the intersection of the Post road: thence east
in the center of said road to the intersection of the first county road :
thence south to the Wolpert and Ring free pike ; thence east on Jacob
Mock's north line and the north line of George C. Wirtz to a point oppo-

478

site die line between! said Wirtz and C. Leppert; thence south to said \u
and on said line to John Robinsoni's north line ; thence east to his ea
line; thence south to the Washington and Norwich free pike; then-
continuing on the line between Thomas Temple and Michael Datz and tl
projection thereof to the south line of the township on the Hayden n
free pike. All that portion of said township lying east and north of sa
line shall be known as DubHn precinct, and the voting place be at tl
village of Dublin ; all that portion of said township lying west and sou
of said line shall be known as Amlin precinct, and the voting place be
the settlement of Amlin; provided, there shall be but one assessor electa
in said township.

Section 2, This act shall take eflFect and be in force from ai
after its passage.

HARRY C MASON,
Speaker of the House of Representatm
THADDEUS E. CROMLEY.
President pro tenu of the Sena
Passed March 22, 181)8. 61 L

[ House Bill No. 326.]

AN ACT .

To create and establish a joint special school district in Ottawa township a
Pleasant township, Putnam county, Ohio, and for other purposes then
mentioned.

Section 1. Be it efvacted by the General Assetnbly of the State of Ok
That there be and is hereby created and established in Ottawa townsh
and Pleasant township, Putnajn county, Ohio, a special school distrii
composed of the following territory, to wit : The whole of sections thirt
one (31) and thirty-two (82) and the southwest quarter, and the \vc
half of the southeast quarter of section thirty-three (33), and the scxi
half of section thirty (30) and the southwest quarter, ami the west hi
of the southeast quarter, and the south half of the southeast quarter
the southeast quarter of section twenty-nine (29), town one, north
range seven (7) east, Ottawa township, Putnam county, Ohio, and a!
section six (6) and the north lialf of section five (5) and all that pa
of the west half of the southwest quarter of section five (5) that lies nor
of the Ottawa Indian reservation line, and the west half of the northwe
quarter of section four (4), town one (1), south of range seven (7) ea;
Pleasant township, Putnam count>', Ohio. Said territory so created ai
established to be known as '^Ottawa and Pleasant township joint sped
school district."

Section 2. That within twenty (20) days after the passage of tl
act, there shall be held an election for three (3) members of the board
education of said district, as provided by section 3924 of the Re\ns<
Statutes of Ohio.

Section 3. That after the passage of this act and the election, qua
fication and organization of the board of education herein provided fc
the auditor of Putnam county, Ohio, shall apportion and issue his wa
rant to the treasurer of saiid board of education for its proportion of t!
taxes assessed for the tax year 1897, upon the real and personal proper

479

in said territory for common school purposes, not previously paid out of •
the county treasury. Said apportionment to be based upon the levies as
made for commonr school purposes upon the real and personal property
vialuations of said territory, and upon the last enumeration therein, for
any and all taxes due said territory from the state of Ohio, and when
such apportionment is so made, and such warrant aforesaid is issued, the
county treasurer of Putnam county, Ohio, shall pay the same.

Section 4. That for the purpose of constructing, building and fur-
nishing a school-house therein, said board is hereby authorized upon a
vote of the majority of the electors of said special district, to issue the
bonds of said district, with interest coupons thereto attached, in the
sum of one thousand (J1,000) dollars. Said bonds to be issued in denom-
inations of one hundred dollars each, and to run not to exceed ten (10)
years from the date of their issue, and to bear interest at the rate of not
to exceed six (6) per cent, per annum, payable semi-annually, and when
so issued, they shall be signed by the president of said board and attested
by the clerk thereof, and the same shall not be sold for an amount less
than par, and accrued interest, and for the purpose of meeting the pay-
ment of the principal and interest of said bonds when so issued and sold,
said board is hereby authorized to make such additional levy as may be
necessary other than is or may hereafter be provided by law.

Section 5. Tliis act shall take effect and be in force from and
after its passage. •

HARRY C MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 22, 1898. 62L

[ Senate Bill No. 41.]

AN ACT

To provide for leave of absence for officers and members of the fire department
in cities of the first grade of the first class.

[ CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio.
That in cities of the first grade of the first class all officers and members
of the fire department shall be alternately relieved from duty for the
space of twenty-four hours once in every eight days, without loss of
pay; and shall be further allowed a leave of absence for twelve consecu-
tive days in each year without loss of pay, under such rules and regu-
lations and subject to such restrictions as the board of fire trustees may
find*necessary at all times to maintain the ef!i<:iency of the department.

Section 2. That to provide a fund to meet any deficiency in the
appropriation for the fire department which may be caused in any city
by the passage of this act, upon the filing of a certificate by the board
of fire trustees setting forth the amount of such deficiency the board of
administration or its successors shall recommend to the board of legis-
lation and the board of legislation shall appropriate from the contingent

480

fund of such city, such sum not exceeding ten thousand (|10,000) dollars
in any one year, as may be necessary to supply such deficiency.

Section 3. That all acts or parts of acts inconsistent herewith h
and the same are hereby repealed so far as the same are applicabli
to the cities of the first grade of the first class.

Section 4. That this act shall take effect and be in force fron
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives
THADDEUS E. CROMLEY,
President pro tern, of the Senatt
Passed March 22, 1898. 63L

[Senate Bill No. 187.]
AN ACT

To change the legal residence of Charles P. Wenzlau, an insane person, fron
Mercer county, Ohio, to Miami county, Ohio.

Section 1. Be it enacted by the General Assembly of tlie State of Ohio
That the legal residence of Qiarles P. Wenzlau, an insane person wh<
was, at the time of becoming insane, a resident of Mercer county, Ohio
be and the same is hereby changed to Miami county, Ohio.

Section 2. This act shall take effect and be in force from ani
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives
THADDEUS E. CROMLEY,
President pro tern, of the Senate
Passed March 22, 1898. 64L

[ House Bill No. 314.1

AN ACT

To authorize the improvement of certain levees.

[DAYTON AND MONTGOMERY COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of OfttV
That the board of city affairs of any city of the second grade of the secoti'
class, and the board of county commissioners in any county containin;
a city of the second grade of the second class, are hereby authorize
to strengthen, heighten and enlarge any existing levee in such count
along a stream and outside of such city, which was built and designe
to protect from the overflow and freshets of such stream, territory l>^n
inside of such city, and territory in such county lying outside of sue
city, and which, in the opinion of said boards, is inadequate for ths
purpose.

Section 2. That the strengthening, heightening and enlarging c
any such levee shall be done under the supervision of such board of cit
affairs, and it shall not be necessary to advertise for bids therefor. TJi

481

cost thereof shall be borne jointly by such city and county, in the fol-
lowing proportion, to wit: Two-fifths thereof shall be paid by such
county, and three-fifths thereof shall be paid by such city, but the entire
cost aforesaid shall not exceed one thousand (f 1,000) dollars. Said board
of county commissioners are hereby authorized to appropriate and pay
the county's proportion of such cost from any unappropriated money
in the county treasury which is available for that purpose, and such board
of city affairs is authorized to appropriate and pay the city's proportion
of such cost from any money in the treasury of such city available for
that purpose. .

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tent, of the Senate.
Passed March 22, 1898. 65L

[ House Bill No. 302.]

AN ACT

To amend section 10 of an act entitled "An act to amend an act entitled 'An act
to authorize the commissioners of Guernsey county to construct free turn-
pike roads,' passed March 21, 1887, and to supplement the same," passed
March 17, 1893, as amended April 10, 1894 (91 O. L., p. 612).

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 10 of an act entitled "An act to authorize the commissioners
of Guernsey county to construct free turnpike roads," passed March 21,
1887, and to supplement the same, be amended so as to read as follows:

Sec. 10. And such counties, with population as aforesaid, shall be,
and are hereby, created a special road district for the purpose of opening,
improving, changing- or altering and repairing all public highways which
are laid out and established therein, and each township excepting cities
and incorporated villages therein in any such county, with population
as aforesaid, is hereby created a sub-special road district. The electors
of each sub-special road district shall, on the first Monday of April of
each year, elect at least two nor more than four supervisors for each
sub-special road district, who shall have all the rights, perform all the
duties and be subject to all the liabilities provided for by chapter V, title
7 of the Revised Statutes. The trustees of each township in which there
is a sub-special road district are hereby empowered to increase or diminish
the number of its supervisors, but said number shall not be more than
four nor less than two. Such sub-special road district supervisors so
elected shall receive two (f 2.00) dollars per day for every day's service in
the performance* of their duties as such supervisors of roads, and shall
give bonds payable to the township trustees for the benefit of the state
of Ohio in the sum of five hundred (|500) dollars, conditioned for
the faithful performance of their duties. And in the counties enumerated
in this act the office of road supervisor is abolished and the trustees shall
include in their notice of election for township officers the office of sub-
special road district supervisor.
31

482

Section 2. Said section 10, passed March 17, 1893, and amendec
April 10, 1894, entitled as aforesaid, be and the same is hereby repealed
and this act shall take effect and be in force from and after its passage

HARRY C MASON,
Speaker of the House of Representatives
THADDEUS E. CROMLEY,
President pro tern, of the Senate
Passed March 23, 1898. 66L

[ House Bill No. 570.]

AN ACT

To authorize the council of the incorporated village of Bellville, in Richlanc
county, in the state of Ohio, to issue bonds for the purpose of erecting
constructing, operating and maintaining an electric light plant, for lighting
streets, [avenues,] alleys and public places in such village, and supplying light;
for private use.

Section 1. Be it enacted by the General Assembly of the State of Ohio
That the council of the incorporated village of Bellville in Richland
county in the state of Ohio, be and the same are hereby authorized tc
issue the bonds of such village in any sum not exceeding eight thousand
dollars, for the purpK>se of constructing, erecting, operating and main-
taining an electric light plant for lighting the streets, avenues, alley:
and pubHc places of such village, and furnishing the same to the citizens
thereof at such prices as said council may deem proper.

Section 2. Such bonds shall be issued by "the council of said vil-
lage in denomination of not less than one hundred dollars (flOO) noi
more than five hundred dollars (f500) payable at such times not exceed-
ing twenty years from the date of said bonds, as the council shall provide
such bonds to draw interest not exceeding six per centum per annum,
payable semi-annually and at such place as said council may determine
Said bonds shall express upon their face the purpose for which and the
act under which issued, and shall be signed by the mayor and counter-
signed by the clerk of said village and shall not be sold for less thar
their par value.

Section 3. The council of said village is authorized and required
to levy a tax annually in addition to those now authorized by law, or
the taxable property of said village, in such amount as will each yeai
be sufficient to pay principal and interest on said bonds as they ma\
become due and payable by the terms thereof.

Section 4. Before any such bonds shall be issued a«d sold the
question of the issue and sale for the purpose herein specified shall be
submitted to the qualified electors of such village, at a regular or special
election called for the purpose of voting on such question, notice of which
election, at least ten days prior to the day of holding the same, shall be
given by the clerk of such village in all the newspapers published and
in general circulation in such village. Such election shall be held at the
usual place of holding elections, and by the officers authorized by law tc
preside at elections in such village. Those voting in favor of the issue
of such bonds shall have written or printed on their ballots the word:
"For the issue of electric light bonds — Yes"; a/id those voting against

483

the same, the words "For the issue of electric light bonds — No." If
a majority of such electors voting on said question shall vote "yes," then
the council of such village shall have authority and proceed to issue and
sell said bonds, and not otherwise.

Section 5. This act shall take eflEect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEU9 E. CROMLEY,

President pro tern, of the Senate.
Passed March 23, 1898. 67L

[ House Bill No. 446.]

AN ACT

To authorize the trustees of Wayne township, Champaign county, Ohio, to levy
a tax for the erection of a township-nouse.

Section 1. Be it enacted by the Gefieral Assembly of the State of Ohio,
That the trustees of Wayne township, Champaign county, Ohio, are
hereby authorized to levy a tax for the purpose of erecting a township-
house in Mingo, Champaign county, Ohio; levy not to exceed five hun-
dred (f 500) dollars, the same to be submitted to a vote .of the people.

Section 2. And this act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Passed March 23, 1898. 68L

• [ House Bill No. 288.]

AN ACT

For the relief of John Wilson, treasurer of Providence township, Lucas county,
Ohio, and his official bondsmen.

Whereas, In the month of November, 1896, a sum of money in
excess of three hundred dollars (1300), being the township and school
funds of Providence township, by reason of the burning of his said
dwelling house without any negligence on his part, and whereas a large
number of the qualified electors of said township have petitioned this
general assembly for the relief of said John Wilson, treasurer of said
township and his official bondsmen thereof.

Section 1. Be it enacted by the General Assembly of the State of Ohio^
That the trustees of Providence township, Lucas county, Ohio, be and
are hereby authorized and empowered to submit to the qualified electors
of said township at the next April election held after the passage of this
act. Ten days' notice of which shall be given before the day of said
election by written or printed posters in at least five public places in
said township. The question of releasing said John Wilson, treasurer

484

of Providence township, Lucas county, Ohio, and his official bonds-
men thereof from the payment of three hundred dollars (f300), being
the amount destroyed by fire for the said John Wilson, treasurer of
Providence township, Lucas county, Ohio.

Section 2. That the voters of said township desiring to vote such
relief shall have written or printed on their ballots the words, *'For relief
of John Wilson, treasurer and his sureties — Yes," and those desiring
to vote against such relief shall have written or printed on their ballots
the words, "For the relief of John Wilson, treasurer and his sureties — No."

Section 3. That if a majority of all votes cast upon said question
of release at said election shall be in favor of said release then said trus-
tees and other township officers of said township shall by suitable pro-
cedure release said John Wilson and the sureties on his official bond
as treasurer from the payment of the sum of three hundred dollars
(1300) destroyed as aforesaid.

Section 4. This act shall take effect and be in force from and
after its passage.

• HARRY C. MASON,
Speaker of the House of Representatives.

THADOEUS E. CROMLEY,
, President pro tern, of the Senate.

Passed March 23, 1898. 69L

[ House Bill No. 631.]

AN ACT

To provide for the payment of the whole of the taxes received from foreign insur-
ance companies in counties containing a city of the second grade of the first
class, to the fire department pension fund, to the police department pension
fund and to the sanitary police force pension fund of such cities.

[ CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohio
That the county treasurers of counties containing a city of the second
g^ade of the first class shall semi-annually, at the time of their semi-annual
settlement with the auditors of their respective counties, pay over to the
treasurer of such city the whole amount, under his annual levy, of all the
taxes paid into the treasury of such county by insurance companies incor-
porated by the authority of any other state or government and doing
business in any such city, on the gross receipts of every such insurance
company, under and by virtue of the provisions of section two thousand
seven hundred and forty-five (2745) of the Revised Statutes, during the
half-year preceding such semi-annual settlement, and the whole of the
moneys so paid over to such city treasurer shall be credited as follows
Sixteen-thirtieths (16-30) to the fire department pension fund; thirteen-
thirtieths (13-30) to the police department pension fund and one-thirtietF
(1-30) to the sanitary police force pension fund of such cities; and the
moneys so paid over shall be controlled, administered and disbursec
in accordance with the provisions of the Revised Statutes of the stat(
of Ohio, governing the mode and manner of distributing the same.

485

Section 2. All acts or parts of acts inconsistent with this act are
•hereby repealed.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tent, of the Senate.
Passed March 23, 1898. 70L

[ House Bill No. 189.]

AN ACT

To provide for the reorganization of boards of education in city districts of the
third grade of the first class.]

[ TOLEDO.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That all boards of education in city districts of the third grade of the first
class shall consist of five members, all of whom shall be elected by the
qualified electors for school purposes residing in such city, and such board
shall meet on the first and third Mondays of each month during the
school year, and it may hold such special meetings as it may deem
necessary.

Section 2. Not less than ten days before any school election, legal
voters of either sex at such election, may present names of candidates
for election on -such school board to the board of elections of the county
in which such district is situated, and whenever such candidates shall be
endorsed in writing by two hundred of the legal voters of either sex
and shall be presented to the board of elections not less than ten days
prior to such election, the board of elections shall publish the names
of such candidates in the daily papers of the city and prepare ballots
which shall contain all the names of such candidates, which ballots shall
be voted at the election and deposited in a separate ballot-box provided
by the board of elections for the [that] purpose. Each elector may mark
and vote for as many of such candidates on said ballot as there are
members to be elected.

Section 3. At the first election for such board, which shall be held
on the first Monday in April, 1898, five members of the board shall be
elected. The candidate receiving the highest number of votes cast shall
be elected to serve for five years; the candidate receiving the second
highest number of votes cast, shall be elected to serve for four years; the
candidate receiving the third highest number of votes cast shall be elected
to serve for three years; the candidate receiving the fourth highest num-
ber of votes cast shall be elected to serve for two years, and the candidate
receiving the fifth highest number of votes cast shall be elected to serve
for one year. On the first Monday of each year after the first election,
one member shall be elected for five years. If it is necessary at any
election after the first election, to elect more than one member of the
board, the members shall be elected in the same manner as at the first
election for members of the board. The board shall, until the next

486

■ :.1

election for school board members, fill vacancies caused by death, resig-
nation or otherwise.

Section 4. The board shall have power to provide for the appoint-
ment of all necessary teachers and employes, prescribe their duties and
fix their compensation; and it may make such rules and regulations for
its own govermnent as it may deem necessary. It shall have power to
issue bonds for the improvement or purchase of property and erection
of school buildings, in any amount not exceeding an aggregate tax at the
rate of two mills for the year next preceding such issue, under the restric-
tions specified in sections thirty-nine hundred and ninety-three (3993)
and thirty-nine hundred and ninety-four (3994) of the Revised Statutes.
Such board shall also have the powers specified in section thirty-nine
hundred and ninety-four b (3994ft) relative to refunding bonded indebted-
ness, and it shall have all the powers and perform all the duties which
by existing laws are vested in and to be exercised by boards of education
in cities of the third grade of the first class relative to any library board
and university board therein or otherwise.

Section 5. The board shall organize on the third Monday c>f April,
1898, and annually thereafter. The member of the board whose term
shall expire at the end of the current year shall be president of the board
for such current year, and shall have sole power to appoint all standing
and other committees of said board. The board shall at its first meeting,
or as soon thereafter as may be, employ a superintendent of instruction,
and also a business manager for a term not 'to exceed two years. The
business manager shall also be clerk of the board, and discharge all the
duties imposed by law upon such office.

Section 6. The superintendent of instruction shall have the power
to appoint and discharge, subject to* the approval and confirmation of
the board, all teachers and assistants, authorized by the Soard to be em-
ployed. He shall report in writing to the board monthly and oftener,
if required, as to all matters under his supervision, and may be required
by the board to attend any or all of its meetings.

Section 7. The business manager shall be the principal executive
officer of the bterd, by whom his duties shall be prescribe. He shall
be ex officio member of the board wkh the privilege of speaking but
not of voting. Except as to teachers and assistants he shall have the
appointment and discharge of all employes of the board, subject to the
approval and confirmation of the board. He shall report to the board
monthly, and oftener if required, as to all matters tmder his supervision
and shall attend all meetings of the board. He shall devote Ws entire
time to the duties of his office, and shall give a bond for the faithful dis-
charge of his duties as business manager and clerk of the board of edu-
cation-in such sum as the board may determine, with sureties to be
approved by the board, which bond shall be deposited with the presi-
dent of the board within ten days after his appointment

Section 8. The business manager shall submit to the board monthly
and oftener, if required, a report of the accounts of the board exhibiting
the revenues, receipts, disbursements, assets and liabilities of the board,
sources from which the revenues and funds are derived and in what man-
ner the same have been disbursed. He shall keep an accurate account
of all taxes levied for school purposes and of all moneys due to, received
and disbursed by the board ; also of all assets and liabilities of, and of all

487

appropriations made by the board, and shall receive and preserve all
vouchers for payments and disbursements made to or by the board.
He shall issue all warrants for the payment of money from the school
fund, but no warrant shall be issued for the payment of any claim until
such claim has been approved by the board, and the pay-roll for assistants
in school work and teachers shall be countersigned by the superintendent
of instruction.

Section 9. The board may at any time for cause suspend or remove
the superintendent of instruction, the business manager or clerk, but
said officer or officers shall not be suspended or removed unless charges
are preferred, in, writing, and they be afforded an opportunity to bring
or offer testimony in their defense, which testimony shall be received
and considered by said board and made a part of the records.

Section 10. The city treasurer of such city shall be ex officio the
treasurer of the board of education in such district He shall give bond
to the board in such sum as shall be required by the board ; and it may
award him such compensation as it may deem reasonable, and pay the
same from the school funds of the district.

Section 11. All money due to the board shall be paid to the treas-
urer upon the warrant of the business manager, which alone shall be
sufficient to authorize such payments; no person except the treasurer
shall collect or receive any moneys due to the board, and any payments
made, except to such treasurer, and any receipt given therefor by any
other person shall be void as against the board.

Section 12. No money shall be drawn from the treasury except
in pursuance of appropriation made by the board, and whenever an
appropriation is made by the board the business manager shall forthwith
give notice thereof to the treasurer. No appropriation shall be made
for a longer period than for the end of the current year, and at the end
of each year all the unexpended balances of appropriations shall revert
to the school fund.

Section 13. All contracts involving more than two hundred and
fifty dollars (J250) in^amoimt shall be, in writing, executed in the name
of the board of education by the business manager and approved by the
board. When the money therefor has been appropriated by the board,
the business- manager may make contracts and purchases not exceeding
two hundred and fifty dollars ($250) in amount, at any time, but all
contracts shall be forthwith reported to the board.

Section 14. When the board of education determines to build,
enlarge, repair or furnish a school-house or school-houses, or make any
improvements or repairs, the aggregate cost of which shall exceed f 1,500,
except in cases of urgent necessities, or for the security and protection
of school property, it shall be as follows :

1. The business manager shall advertise for bids for the period
of four wxeks, once each week, in not exceeding two newspapers of
general circulation in the district; which advertisements shall be entered
in full on the records of the board and all advertisements shall be paid
for at not exceeding legal rates, as provided in section 4266 of the Re-
vised Statutes.

2. The bids sealed up shall be filed with the business manager at
12 o'clock noon, of the last day stated in the advertisement.

488

3. The bids shall be opened by the business manager at the next
meeting of the board, be publicly read by the business manager and
entered in full upon the records of the board.

4. Each bid shall contain the name of every person interested in
the same, and shall be accompanied by a sufficient guarantee of some
disinterested person or company, that if the bid be accepted the contract
will be entered into and the performance of it duly secured.

5. When both labor and material are embraced in the work bid
for, each must be separately stated in the bid with the price thereof.

6. None but the lowest responsible bidder shall bt accepted, but
the board may reject all the bids, or accept any bid for both labor and
material, which is the lowest in the aggregate for such improvement
or repair.

7. Any part of the bid which is lower than the same part of any
other bid, shall be accepted, whether the residue of the bid is higher
or not, and if it is higher, such residue shall be rejected.

8. The contract shall be between the board and the bidders, and
the board shall pay the contract price for the work when it is completed
and accepted, in cash, and make monthly estimates of the work as it
progresses.

9. When two or more bids are equal in the whole or in any part
thereof, and are lower than any others, either may be accepted, but m
no case shall the work be divided between the makers thereof.

10. When there is reason to believe that there is any collusion or
combination among the bidders, or any number of them, the bids oi
those concerned therein shall be rejected.

Section 15. The members of the board of education, in cities oi
the third grade of the first class, in office when this act takes effect, shall
continue in office until the school board is organized as herein provided,
at which time their powers and duties shall cease and determine, and
their offices thenceforth shall be and are hereby abolished.

Section 16. All provisions of law in force when this act takes
effect, which are inconsistent with any provisions of this act, shall be
held to be superseded by the latter, as to the matter of inconsistency, and
not otherwise as to city districts of the third grade of the first class.

Section 17. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Sai<ite,
Passed March 28, 1898. 71L

489

•

[ Senate Bill No. 284.]

AN ACT

To provide for the cleaning, sweeping, sprinkling and repairing of streets, avenues-
and alleys in cities of the first grade of the second class.

[ COLUMBUS.]

Section 1. Be it enacted by the Gefteral Assembly of the State of Ohio.
That cities of the first grade of the second class shall have power and
authority to clean, sweep, sprinkle with water and repair, any street,,
avenue or alley in any such city as hereinafter provided.

Section 2. The board of public works, or the board or commission
possessing or exercising the powers, rights and privileges of boards of
public works, in such cities, shall, before any steps are taken to cause
any of the streets, avenues or alleys in such cities, to be cleaned, swept,
sprinkled or repaired, by resolution appoint two electors, owners of real
estate fronting or abutting upon such street, avenue or alley, who with the
chief engineer of the city shall constitute a board of commissioners for
such street, avenue or alley, to serve without compensation. Said com-
missioners shall be appointed for the term of one year, and any vacancy
in said board, arising from failure or refusal to act or from any other
cause, shall be filled by the board of public works by the appointment
of some person qualified as above provided.

Section 3. The commissioners, appointed as above provided, shall,
ten days after such appointment, in each year, file with the board of
public works in such cities a written statement of the cleaning, sweep-
ing, sprinkling or repairing that, in their opinion, will be necessary to
be done upon such street, avenue or alley within the period of one year
from date; and said board, from the statements so filed and from
such other information as may come to its knowledge, or upon failure
of said commissioners to file such recommendation, may determine what
is necessary to be done upon any such street, avenue or alley within
said period.

Section 4. The board of public works, upon the determination of
what is necessary to be done upon any street, avenue or alley, as pro-
vided in the preceding section, shall cause to be prepared specifications
for the performance of such work, and upon the completion of such
specifications, shall advertise, for the period of ten days, in some news-
paper of general circulation in such city, for bids, to do said work,
and to furnish the labor, materials, tools and machinery therefor as pro-
vided in said specifications. Such notice shall state that each bidder
will be required to file with his bid, a bond or a certified check upon
some solvent bank, in an amount acceptable to said board, conditioned
that, if his bid is accepted he will enter into a contract to do the work,
and furnish the labor, materials, tools and machinery necessary there-
for, in accordance with his bid and with said specifications. Said board,
upon the opening of the bids, shall determine which is the lowest and
best bid or bids, and may accept such bid or bids, or reject any or all
bids and advertise for new ones. In case of the acceptance of any bid
or bids, said board shall enter into a written contract, with the success-
ful bidder or bidders, for the cleaning, sweeping, sprinkling or repairing
such streets, avenues or alleys. Said contract shall be in the name of

490

r
I

the city, signed by the president of the board of public works, and when
so signed shall be binding upon such city and not until then. Each
contractor shall be required to enter into a bond with penalty and sure-
ties, satisfactory to said board, conditioned for the faithful performance
of the contract.

Section 5. If the board of public works in any such city shall be
of the opinion that the streets, avenues or alleys of such city can be cleaned,
swept, sprinkled or repaired cheaper or more advantageously to such city
by or through the officers of such city than by contract, it may so declare
by resolution, and upon the adoption of such resolution the council of
any such city upon recommendation of said board, may pass an ordinance
authorizing the officer or officers having the care of streets, avenues and
alleys, or highways in any such city, to purchase or rent the necessary
tools, machinery and appliances, to employ the necessary labor, and to
clean, sweep, sprinkle or repair the streets, avenues or alleys in such cit}\

Section 6. The entire cost and expense of cleaning, sweeping,
sprinkling or repairing any street, avenue or alley, under the provisions
of this act, shall be assessed equally by the foot upon all the lots and
lands fronting or abutting upon such street, avenue or alley, between
the points named in the contract, except as hereinafter provided.

Section 7. Whenever any street, avenue or alley is cleaned, swept
or sprinkled under the provisions of this act, upon which a line of street
railway is operated, the person or company owning or operating such
railway shall pay such proportion of the cost and expense of such clean-
ing, sweeping or sprinkling as the part of said street occupied by the
tracks of said railway bears to the whole surface of the street, avenue
or alley cleaned, swept or sprmkled, and the balance of such cost and
expense shall be assessed upon the real estate fronting and abutting
upon such street, avenue or elley as hereinafter provided.

Section 8. If, at any time, in any such city there is provided a fund
for the purpose of cleaning, sweeping or sprinkling the streets, avenues
or alleys of such city, arising either from a general levy, from license
fees, or any special assessment, other than the one herein provided,
said board of public works is hereby authorized and empowered to expend
such fund for said purpose. Said fund to be distributed to the streets,
avenues or alleys cleaned, swept or sprinkled in proportion to the work
done upon each. Provided, that if such fund be insufficient to defray the
entire cost and expense of such cleaning, sweeping or sprinkling, the
cost and expense, in excess of such fund, shall be assessed as provided
in section six of this act.

Section 9. When any of the streets, avenues or alleys of such cities
are cleaned, swept, sprinkled or repaired, under the provisions of this
act the council of any such city, as soon as the cost and expense of such
work has been determined, shall, upon recommendation of said board,
pass an ordinance levying and assessing such cost and expense as here-
inbefore provided. The cost and exp^ense of such work may include the
cost of all printing and advertising, the interest, to the date when such
assessments can 1^ collected, upon any money that may be borrowed
as hereinafter provided, and any other expense that may become neces-
sary for the proper execution of such work. The assessment of the
cost and expense of such work upon all streets, avenues or alleys so

491

cleaned, swept, sprinkled or repaired in such cities may be made in
one assessment ordinance.

Section 10. The council of such cities, in which any of the streets,
avenues or alleys are cleaned, swept, sprinkled or repaired under the
proyisions of this act, shall have power to borrow money, at the rate
oi interest not exceeding six per cent, per annum, to pay the cost and
expense of such work, as it progresses, in anticipation of the collection
of die assessments to be levied therefor as herein provided.

Section 11. Upon the passage of said assessment ordinance, the
clerk of the council of such city shuall cause a notice, of the passage of
such ordinance, to be published in the manner required by law, in such
cities, for the publication of resolutions and ordinances of general nature.
The publication of such notice as herein required shall be the only notice
necessary to be given to owners of property upon which such assessments
are levied Such assessments to be a lien upon the property assessed
from and after the date of the first publication of such notice. Said
notice shall state the names of the streets, avenues or alleys upon which
property has been assessed, the place where the assessment sheets can
i)e seen and examined by property owners, the time and place where the
assessments are to be paid and the officer to whom payable.

Section 12. The assessment sheets for each street, avenue or alley
shall be furnished to the city or county treasurer vested with authority to
collect such assessments. The assessments shall be paid to the treasurer
of such city, or if there be no such treasurer, then to the treasurer of
the county, in which such city is located, at or before the time specified in
the notice published as hereinbefore provided. Said treasurer, upon the
expiration of the time of payment provided in said notice, shall certify
to the city council of such city the names of the owners of property
assessed as aforesaid, that have failed to pay their assessment together
with the amount assessed against each separate piece of property. Upon
the receipt of such certificate the city council of said city shall certify
such unpaid assessments to the auditor of the county, in which such
city is located, and such assessments shall be placed upon the tax dupli-
cate by said auditor, and collected as other taxes, together with six per
cent, interest from the date named in such notice for payment. Said
assessments as collected shall be placed in a fund to be known as a "street
mainftaining fimd" and shall be paid out upon the order of the board of
public works.

Section 13. If any such cities have no board of public works, and
have no other board or commission having the powers and performing
the duties of boards of public works, then the powers and duties here-
inbefore enumerated and delegated to boards of public works shall b6
and are hereby delegated to and conferred upon the councils of such
cities.

Section 14. That the act entitled an act "to provide for repairing,
cleaning and sprinkling of, and planting and caring for trees in streets,
avenues and alleys in cities of the third grade of the first class, and first
grade of the second class'* (passed March 28, 1888, vol. 85 O. L., 126)
so far as it applies to cities of the first grade of the second class, an act
entitled an act "to provide for the repair and taking care of streets in
cities of the first grade of the second class and for other purposes,"
fpassed April 17, 1801, vol. 8*^, O. L., 323), and an act entitled an act

492

"to provide for the cleaning and sprinkling of, and planting and caring
for trees in streets, avenues and alleys in cities of the first grade of the
second class" (passed May 9, 1894, vol. 91, O. L., 705), and an act
entitled an act "to provide for the cleaning and sprinkling of public
ways of cities of the first grade of the second class'' (passed May 21, 1894,
vol. 91, O. L., 828), and an act **to provide for the cleaning and sprinkling
of public ways in cities of the first grade of the second class" (passed
March 12, 1896, vol. 92, O. L., 480), be and the same are hereby repealed.
Section 15. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Represetitatires.

ASAHEL W. JONES,

President of the Senute.
Passed March 25, 1898. 72L

[ House Bill No. 196.]

AN ACT

To relieve Canton township clerks from refunding overdrawn salaries.

Whereas, On AprillH, 1889 (O. L., vol. 86, page 350), the legislature
of Ohio passed a law fixing the salary of township clerks in certain
townships, to wit: 'That in any township in the state having a population
at the last federal census in 1880, and which at any subsequent census
may have a population of 21,175, the township trustees of said township
may allow the clerk thereof a compensation • not to exceed f 250.00 in
any one year, to be paid out of the township treasury"; and.

Whereas, Frank M. Goshorn and Cavie Richardson were duly
elected township clerks of the township of Canton, county of Stark, and
state of Ohio, subsequent to the enactment of said law; and,

Whereas, Said Canton township aforesaid had a population at the
federal census in 1890 of 21,175 and more; and.

Whereas, Under the provisions of said act and law said Frank M.
Goshorn and Cavie Richardson were allowed by the trustees of said town-
ship said sum of $250.00 per annum; and.

Whereas, It is claimed that said act of the legislature and said law
is unconstitutional, and there being no question but that the services
rendered by said clerks were in fact worth the amount fixed by the
said act as the salar>' therefor; and.

Whereas, It is claimed that by reason of the unconstitutionality ot
the said act said Frank M. Goshorn has received the sum of f 450.00 and
the said Cavie Richardson the sum of $250.00 in excess of what their
salary as such township clerks would have been providing said law was
not passed or is unconstitutional, and that therefore said amounts should
have been refunded to said Canton township; and.

Whereas, The trustees of said township in fixing the salaries of
said clerks, and said clerks in receiving said compensation relied upon
said act and law to determine and fix their compensation, and believed
that they were entitled to the compensation therein fixed, and accepted

493

the same in good faith, and that the services rendered by them were
of the value and amount so paid them ; now, therefore,

Section 1. Be it enacted by the General Assembly of tlie State of Ohio,
That by reason of the facts herein contained that the said Frank M.
Goshom and Cavie Richardson, and each of them, as clerks of said
Canton township, be relieved from the payment or refunding to said
Canton township the money hereinbefore named, which it is claimed
they received under said law, so passed as aforesaid, and that the amounts
so drawn by them as salaries as aforesaid be and remain as the proper
compensation for their said services, and that no refunding of the same
be made necessary.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 25, 1898. 73L

[Senate Bill No. 182]

AN ACT

To detach certain lands lying and being within the corporate limits of the village
of Antwerp, in Carryall township, Paulding county, in the state of Ohio,
and the village school district known as the Antwerp village school district,
from other lands lying in said village and village scnoof district, and attach
the same to the said township of Carryall and said Carryall township school
district, pursuant to a request of the persons owning ^said lands so sought
to be detached as aforesaid. The said lands being farm lands and now used
exclusively for farming, and not laid out in lots and not platted or recorded
as such.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the northwest fraction of the north half of section number twenty-
seven (27), township three (3), north range one (1) east, containing
forty-nine (49) acres, and all of the southwest quarter of section twenty-
two (22), township number three (3), north of range one (1) east, that
lies south of the Maumee river, containing one hundred and eighteen
(118) acres of land, and all of the southeast quarter of section twenty-one,
township three (3), north range one (1) east, which lies on the south side
of the Maumee river, containing twenty-four and one-half acres of land,
and all of the northeast quarter of section twenty-eight (28), township three
(3), north range one (1) east, which lies on the south [side] of the Maumee
river, containing sixty-nine and twelve one-hundredths acres of land, all
of said tracts lying and being in Carryall township, Paulding county, Ohio,
be and the same are hereby detached from the other lands in said village
of Antwerp, Ohio, and from said Antwerp village school district and
attached to the township of Carryall and said Carryall township school dis-
trict, and made a part thereof, said township of Carryall being in said
county of Paulding, and contiguous to said lands.

I 494

Section -2. This act shall take effect and be in force from and
after its passage. HARRY C MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Passed March 25, 1898. 74L .

[ Senate Bill No. 307.]

. AN ACT

To authorize the commissioners of Auglaize county, Ohio, to issue and sell bonds
for the purpose of building a bridge or • arch over the St Mary's river in
said county.

Section 1. Be it enacted by tlve Getteral Assembly of the State of Ohio,
That the commissioners of Auglaize county, Ohio, are hereby' author-
ized to construct and erect a bridge, stone or steel arch across the St.
Mary's river on Spring street, in the village of St. Mary's, county of
Auglaize and state of Ohio. Plans and specifications of and for either
of the said new structures, according as the said commissioners shall
hereafter determine, shall be adoptied and a contract let as otherwise
provided by law within six (6) months from and after the passage of this
act, which said contract shall require said structure to be completed
within as short a time as practicable.

Section 2. THat the commissioners of Auglaize county, Ohio, for
the purpose of thus erecting and ccwistructing such bridge, stone or steel
arch as aforesaid, are hereby authorized to borrow such sum of money,
not exceeding tv^enty thousand dollars (f20,000), as they shall deem
necessary, at a rate of interest not exceeding 5 per cent. (5 per cent.)
per annum, and to issue the bonds of said county therefor. The prin-
cipal of such bonds shall be payable at such time or times, not exceeding
twenty (20) years after their date, as the said commissioners shall therein
specify, and the interest on such bonds shall be payable semi-annually.
The said bonds shall not be sold for less than their par value.

Section S, That the bonds so issued shall specify the purpose for
which they are issued, shall be in such respective sums as the said com-
missioners shall determine, shall be payable to the bearer at such place
as said commissioners shall therein designate, and shall be signed by
said commissioners and attested by the county auditor of said county,,
and said auditor shall keep a record of all of said bonds issued and the
coupons thereto attached.

Section 4. For the purpose of paying the interest on said bonds
and the principal of the same as they become due, the commissioners
of said county shall anmially levy a sufficient tax up«n all of the taxable
property in said county in addition to the taxes now by law authorized
to be levied.

Section 5. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representativss.
ASAHEL W. JONES,

President of the Senate.

Passed March 25, 1898. 75L

495 I

[ Senate Bill No. 9.]

AN ACT

To legalize the purchase by the trustees of Miami township, Hamilton county,
Ohio, of lands for cemetery purposes in the adjoining township of White-
water in the same county, and known as "Maple Grove cemetery," and to^
provide for the control and management of the same.

Whereas, The trustees of Miami towqship, Hamilton county, Ohio,
could not find within their own township, lands suitable for cemetery
purposes, which were at all times accessible; and,

Whereas, On the 11th day of April, A. D. 1884, by deed duly
recorded in deed book No. 585, page 523, of the Hamilton county, Ohio,
records, the said trustees purchased [lands] for cemetery purposes in

the adjoining township of Whitewater of said county; and,

•

Whereas, Said lands were purchased after proceedings regularly
had under sections 1464 and 1465 of the Revised Statutes of Ohio, and
a compliance with the provisions of said sections, except as to the loca-
tion; and,

Whereas, Said trustees and their successors in office have caused
said lands to be fenced, platted and laid out into roads and lots, build-
ings and vault to be erected thereon, trees to be planted on the same
and otherwise improved the said lands; and,

Whereas, A number of lots have been purchased and burials made
by lot owners and others, and the cemetery is known as "Maple Grove
cemetery," therefore.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the purchase by the trustees of Miami township, Hamilton county,
Ohio, on the 11th day of April, A. D. 1884, by deed duly recorded in
deed book No. 535, page 523, of the Hamilton county, Ohio, records,
of lands for cemetery purposes, in the adjoining township of Whitewater
township of said county, and known as "Maple Grove cemetery," shall
be as good and valid in law as if said land had been situated in the
said Miami township.

Section 2. That the management and control of said cemetery
shall be the same as if the said cemetery were situated in the township of
Miami, Hamilton county, Ohio.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY G. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 25, 1898. 76L

496

[ House Bill No. 179.]
AN ACT

Supplementary to title XII of the Revised Statutes of Ohio, to provide a gov-
ernment for cities of the second class, third grade ^, and also to repeal
an act entitled "An act to amend an act entitled 'An act to establish an
efficient and non-partisan board of public affairs in cities of the second class,
third grade, having a population at the last federal census of 12,122,' " passed
April 1, 1890 (87 O. L, 126), and an act entitled "An act to authorize the
board of commissioners of sewers in cities of the third grade ^, of the
second class, to make certain street improvements," passed April 10. 1896
(92 O. L., 550), and to repeal section 1707a of the Revised Statutes.

[ HAMILTON.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the officers of a city of the second class, third grade b, shall consist
of a mayor and city solicitor, both of whom shall be elected for three
years, and a board of control consisting of five members, to be appointed
by the judge of the court of common pleas, resident of the county in which
such city is situated, if there be such resident judge, and if there be no
such resident judge, then by the common pleas judge, or judges of the
judicial subdivision of which the county containing such city forms a
part, who shall appoint as members of such board five citizens of such
city, well known for their intelligence and integrity, not more than three
of whcmi shall be of the same political party, or so reputed; one of whom
shall be appointed to serve for one year, one for two years, one for three
years, one for four years, and one for five years, and until their successors
are elected and qualified; and thereafter as the term of each member
expires, his successor shall be elected at the annual municipal election
each year by the qualified electors of such city, to serve for a period of
five years and until his successor is elected and qualified.

Section 2. Said board of control shall be governed by all the laws
of this state relating to cities of the second class, third grade, not incon-
sistent with this act, and shall be vested with all the power and authority
and perform all the duties conferred and imposed upon the councils,
or any board or boards of the cities of the second class, third grade, by the
laws of the state, and the ordinances of said city; and said board of
control shall be, and is hereby vested, with all the legislative power and
authority.* Said board of control shall be the successor of: The city
council; the trustees of the water-works; the board of trustees of the
gas-works; the board of trustees of any free public library; the board
of health and the office of the health officer and clerk of the board of
health; the board of commissioners of sewers; the office of the chief
of police; the office of city commissioner; and the office of city civil
engineer in such cities of the second class, third grade b, and shall be
vested with all the powers and shall discharge all the duties conferred
and imposed on said respective boards and officers by the laws of the
state and the ordinances of such cities, not inconsistent nor in conflict
^vith this act, which said respective city council, boards and offices are
hereby abolished; but said city council, boards and officers shall continue
in office until their successors are appointed or elected and qualified
as herein provided.

497

Section 3. Within ten days after the appointment of the members
of said board of control, the members so appointed shall qualify as here-
inafter provided, and shall meet and organize as fellows: The member
having the shortest term to serve, shall be president of said board of
control; and the member having the next shortest term to serve, shall
be president pro tem. of said board ; and annually thereafter, the newly
elected member or members shall qualify, and the said board of control
shall meet and organize in the manner above provided. Said board of
control shall immediately thereafter elect a derk and a city auditor,
which last named office is heret^ created and established for cities of
the sec<Mid class, third grade b, and appoint a sergea&t*at-amui to serve
as such, at the pleasure of said board of control, fcx* a period not exceed-
ing one year.

Section 4. If any person appointed or elected a member of said
board of control shall fafl to qualify as hereinafter provided within ten
days after his appointment or election, he shall be deemed to have declined
said office, and the office shall be vacant, and such vacancy or any vacancy
in said board of control caused by death, resignation or otherwise, shall
be filled by appointment by said board of control; but a vote of three
of its mensbers in favor of a candidate shall be necessary to his appoint-
mcnt. Said person so appointed shall qualify as hereinafter provided,
and hold his office until the next annual municipal election, when such
vacancy shall be filled by election for the unexpired portion of said term.

Section 5. No person shall be elected or appointed a member of
said board of control who shall not have been a resident and qualified
elector of said city for at least one year next prior to his election or
appointment as a member of said board; and any member r€;jnoving
his residence from said city shall be held to have resigned his office.

Section 8. Each person elected or appointed as a member of said
board of control, before entering upon the discharge of the duties of
his office, shall qualHy by executing a bond to the city in the sum of
125,006, conditioned for the faithful performance of all the duties of said
office, with at least four sureties thereon owning unincumbered real
estate within the state of Ohio, aggregating in value at least double the
amount of said bond. All said bondsmen shall be residents of this state,
and at least one of them a resident of said city. He shall also make and
subscribe an oath of office to be endorsed upon said bond, which bond
and the security thereon shall be examined and approved, and the approval
thereof endorsed in writing on said bond by the mayor and city solicitor,
and shall be recorded with the endorsements thereon in the minutes
of said board of control and be thereafter deposited with the city treasurer.

Section 7. The members of said board of control shall meet in
legislative session regularly once each week, on a day and at an hour to be
fixed by ordinance; and said board may also hold such special or called
meetings as are authorized by law. The salary of the members of said
board of control shall be $1,500 per year, payable quarterly, out of the
general expense fund of such city.

Section 8. For the purpose of administering the affairs of said
city, there shall be the following departments, viz.:

First. The department of public improvements, which shall include
all matters relating to streets, alleys, sidewalks, bridges, sewers, parks,

498

markets, public charities, city prisons, work-houses and infirmaries
the repair and improvement of the same.

Second. The department of police, which shall include all
ters connected with or in any wise relating to the control and man
ment of the police of said city.

Third. The department of public works, which shall include all
ters relating to the management and operation of the water-works,
and electric light plants, and the necessary improvements to conduct
operate the saitie, and the repair and improvement of the same.

Fourth. The department of public safety, which shall includ
matters relating to the fire department, fire escapes, insecure buildi
'the pubUc health, and the granting of permits for the erection of buildi

Fifth. The department of law and accounts, which shall inc
all t;he financial transactions of the city, drawing of warrants, recor
bonds issued; also all matters pertaining to questions erf law, val
of ordinances, resolutions, contracts, bills and salaries.

Section 9. Each member of said board of control shall have ch
of one of said departments, and shall be known as the director the
Said directors shall be assigned to their respective departments by
president of said board of control annually, within ten days afte;
organization, and in default of said president making such assignn
within said time, the board shall make said assignments within two
thereafter.

Section 10. Said board of control shall, within thirty days
its organization, adopt specific rules and regulations for the control
management of each of said departments, and the director of each dej
ment shall, under said rules and regulations control and manage
same according to law and the ordinances of said city, and shal
responsible for the efficient and economical management thereof,
said board of control may, after its first organization under this act, <
marily discharge any employe in any department of said city, and t\
after the hiring and summary discharge of employes shall be don(
the director in said respective department under such rules and re|
tions as may be adopted by said board of control for the purpose,
appointments to and dismissals from service in any department sha
reported immediately by the director making the same to said h
of control.

Section 11. Said board of control shall, annually, on or before
third Monday of April, elect one assessor of personal property for '
ward in said city, who shall qualify and discharge all the duties reqi
by law of township assessors, and shall appoint or elect as requirec
law members of the annual and decennial boards of equalization
members of the board of election.

Section 12. Said board of control shall appoint a city civil c
neer for such city, who shall hold his office for a term of one year,
shall keep an accurate record of all surveys, grades, plats, maps,
drawings made by him in suitable books to be provided by said b(
of control, all of which shall be the property of the city, and be c
to the inspection of the public.

Section 13. Said board of control may, whenever it deems it
cssary, temporarily employ a person skilled in duties pertaining to

499

one of said departments to assist and advise in the performance of the
duties thereof, and shall pay such person a reasonable compensation
for said services.

Section 14. The clerk, whose election is provided for in section
3 of this act, shall be known as the city clerk. He shall attend all the
meetings of the board of control and keep correct minutes of all its pro-
ceedings and transactions in suitable books to be provided therefor by
said board. The said board shall also provide him with suitable books
for each department, in which he shall record and keejp accurate accounts
of the receipts and expenditures pertaining to said respective departments.
Said clerk shall also perform all the duties required of him by said board
of control and by the ordinances of said city, and the laws of the state
of Ohio. He may appoint one deputy and such assistants as the board
of control may deem necessary and approve. All the records and papers
pertaining to said clerk's office shall, during business hours, be open
to the inspection of the public.

Section 15. The city auditor, whose election is provided for in
section 3 of this act, shall keep accurate accounts of all taxes levied and
assessments made, of all moneys due, receipts and disbursements by the
city, of all assets and liabilities of the city, and of all appropriations made
by the board of control, and keep an accurate account of each fund of
said city. He shall, at the expiration of each fiscal year (which fiscal
year shall end on the thirty-first day of December, annually), and oftener,
if required by the board of control, audit the accounts of the city and each
separate fund and department thereof, and make a detailed report of
the same under oath to said board of control, and said annual report
shall be published by said board of control within ten days thereafter,
in one newspaper published and of general circulation in said city.
No warrant for the payment of any claim shall be issued by the city
auditor until the payment of such claim shall have been duly ordered
by the board of control and certified to him by the city clerk and presi-
dent of said board, and he shall perform such other duties- as are or
may be required of him by law or ordinance. If he draw a warrant
for any claim in any amount contrary to law, he and his sureties shall
be individually bound for the same, unless the board of control ordered
the payment of the same and made the necessary appropriation, in which
case he or his bondsmen shall not be held liable therefor.

Section 16. The city solicitor shall be the legal adviser of the
board of control and of all the officers of said city. He shall prepare all
official bonds and approve the same and the sureties thereon. He shall
prepare all contracts to which the city is a party, and prepare all bonds
to secure their performance and approve the sureties thereon. He shall
prepare all ordinances and resolutions required to be prepared by the
board of control. He shall be the attorney of the city in all litigation
to which it is a party in all the courts ; provided, he shall not be required
to prosecute any action before the mayor for the violation of any city
ordinance unless he shall have first advised such action. He shall attend
all legislative meetings of the board of control, and such other meetings
as it may require; and the board of control may require him to give
his opinion on any question in writing, which opinion shall be kept on
file in the office of the city clerk, for the exclusive use of the board of
control, and officers of said city, and he shall perform all other duties
required of him by law and the ordinances of said city. In matters or

586

cases oi great importance, said board of control may employ ooe atto
to assist the city soBcitor in snch matter or case.

Section 17. The mayor shall be the head and chief execi
officer of the city, and shall enforce the ordinances thereof and the
of the state. He shall preserve the public peace and maintain good c
in the city. He shall have control of the police of the city, aod
be responsible for the discipline and good conduct thereof. In caj
riot or other great emergency he may also take command and co;
of the fire dei>artment of said city during said riot or emergency,
ordinances, atid all contracts involving ^50 and upwards, ^w^idi
have passed or been approved by the board, shall, before they take c
or become operative or binding, be presented, duly certified by the c
to the mayor for approval. The major, if he approve such ordin
or contract;, shall sign it, but if he (toes not approve it he shall n
the same to the board with his objections within ten days thercs
which objections the board shall cause, to be entered in full on its joa
and if he does not rctcrm the sariic within flie time above limsti
shall take effect in the same manner as if he had signed it; prcwi
that the mayor may approve or dis2g)pTove the whole or any
or part of any ordinance or oontract; and further provided, that
item or part disapproved shaH have no bearing or connection with
other part of such ordinance or contract; and such ordinance or
tract before takir^ effect or becoming operative as to the item or ]
not objected to by the mayor shall be again passed by a mpajority
of the board, whereupon the same as so changed shall take eflfect
bccxjme operative after due publication, if the same be an ordin;
When the mayor refuses to approve any sudh ordinance or con
or part thereof and returns it to the board with his objections, the b
sTrall, after the expiration of not less than one -week, proceed to re
sider it, and if the same is approved by the vote of four-fifflis of al
members thereof, it shall then take effect and become operative
due publication, if it be an ordinance, as if it had Teceived the signi
of the mayor. In the absence of the mayor, the superintendent of p
may take recognizance for the appearance oi a person charged ^vith
demeanor or violation of a city ordinance. The majror shall perfon
such other duties as he may be authorized and required to perfort
law or the ordinances of the city not inconsistent or in conflict
this act.

Section 18. The police force of the city shall consist xA ooe st
mtendent, one captain, and two drivers of the patrol wagon, and
patrolman for each 1,200 inhabitants of said city, each of whom
be appointed by the director of the police department, subject tc
approval and confirmation by a majority of the board of control
superintendent shall have control of tlie police force in the absent
the mayor; the captaiji in the absence of the mayor and superinten
under such rules and regulations as the board shall prescribe,
director of the police department shall appoint no person to a, pos
on the police force who has not passed a successful physical examin;
by a competent physician, to be appointed by the board of control, ac(
ingto such rules as to measurements as may be prescribed by the b
No person shall be eligible to appointment on the poEce force wl
not an elector of the city, or has not been a resident for one yeai
past, who cannot read and write the English language understand!

501

who is less than 2& or more than 45 years of age, who is not of good
moral character, and has never been convicted of a felony, or c^ a mis*
demeanor, or the violation of any ordinance of the city within, three years
next prior to the date of his appointment, or who is engaged in any
unlawful business or calling. The said director shall summarily disxdss
from the force any member thereof who procured his appointment thereto
by misrepresentation or concealment o£ any required qualification. He
shall suspend or summarily dismiss any member thereof who shall enter
any pbce where intoxicatuag liqtxor is manufactured or sold, or who
shall drink any iiUoxicating liquor while oa duty, or who shall visit any
house of ill-fame, or be found in the company of any lewd female, except
in the discharge oi his duty, or shall vi^ate any law o£ the state,, ordi^
nance of the city, or rule or regulation of tla£L i>olice department; and
during such suspension such policeman shall draw no pay as such from
said city. The appointment, knowingly, by the director, of any person
on said police force not possessing the required qualifications, or his
failure or refusal to discipline or dismiss any member thereof as herein
provided, shall be sufficient cause for the removal of said director from
office as hereinafter provided. Any person thus dismissed from said
force shall not be reappointed on said force for the period of one year
thereafter. The director sdall keep a full record of the appointments,
suspensions and dismissals from said police force, and the same shall
be open to the inspection of said board of control and the city solicitor
at all times.

Section 1^. Each mcnaher of said police fotce, before entering
upon the disdiarge of his duties, shaU give bond to the city in the sum
of |2,000, cottditiooed for the faithful performance of his duties'aecording
to law, with at least two sureties to the satisfaction of the board of control
and city solicitof, and shall take an oath of office, which oath and the
approval of said bond shall be endorsed thereon, and thereafter be filed
with the clerk.

Sectton 20. The superintendent of police shall be paid a com-
pensation not exceeding |80 per month; the captain, not exceeding
|75 per month; the patrolmen and drivers of the patrol wagon, each
a sum not exceeding |60 per month, for the services by them respect-
ively rendered; said compensation to be paid at least monthly.

Section 21. Any employe of any of said departments who shall
drink intoxicating liquor while on duty, or who shall come on duty while
in a state of intoxication, or who shall bring or knowingly permit any
intoxicating Hquors to be brought into or about any of the public build-
ings or parks of said city, shall be summarily dismissed from the city's
service by the director of the department in which he is employed.

Section 22. The board of control shall provide suitable offices,
with the necessary furniture, books and stationery for the mayor, city
clerk, city auditor, city solicitor and city civil engineer in the city buildings.

Section 23. Before entering upon the duties of their respective
offices, the mayor, city solicitor, city clerk, citv auditor, city civil engineer
and deputy city clerk shall give bonds to the city, conditicmed for the
faithful perfonnance of their duties according to law; the mayor in the
sum of 125,000, with at least four freehold sureties: the city solicitor,
city auditor and city clerk, each in the sum of f 10,000, with at least two

502

freehold sureties upon each of said bonds ; the city civil engineer and
deputy city clerk, each in the sum of f 5,000, with at least two free!
sureties upon each of their bonds. The sureties upon each of said boi
respectively, shall be residents of the state, and at least one on e
bond shall be a resident of such city, and said sureties shall own in
simple unincumbered real estate in the state of Ohio aggregating
value double the amount of said bond. A reliable indemnity comp
may also be accepted as such bond. Each of said officers and appoin
shall make and subscribe an oath of office, which shall be endorsed u
his bond. The board of control shall approve all of said bonds and
sureties thereon, which approval shall be endorsed upon said bond
the president of said board, and shall thereafter be immediately recor
with the endorsements thereon in the minutes of said board of con
by the city clerk, and thereupon deposited for safe keeping with
city treasurer. '

Section 24. In all cities of the second class, third g^de &,
county treasurer shall act as city treasurer of such city, and shall be
custodian of all the funds belonging to said city. Before entering u
the duties of his office said treasurer shall give bond to said city, c
ditioned for the faithful performance of all his duties as such treasurei
such sum and with such sureties as the board of control thereof shall reqi
and approve, and shall make and subscribe an oath of office, which s
be endorsed upon said bond, which bond and the endorsements ther
shall be forthwith recorded in the minutes of said board of control
be deposited with the city clerk for safe-keeping. Said city treasurer s
be paid the sum of |500 per annum for his services, in quarterly insi
ments, payable out of the general expense fund of said city.

Section 25. The board of control of said city may require
employe to give a bond to said city, conditioned for the faithful dischs
of his duties, according to law, in such sum and with such sure
as it shall require.

Section 26. If, in the opinion of the mayor or city solicitor,
sureties on the bond of any member of the board of control bec(
insufficient at any time, they may require such member of the be
of control to give a new bond with sufficient sureties, as providec

■ this act, within ten days after notice, and in default thereof the o1

of such member of the-board of control shall be vacant ; and if said be
of control shall deem the sureties on the bond of any officer or empl
^ of the city, or the bond of the city treasurer insufficient at any ti

the board of control may require such officer, employe or city treasi
to give a new bond with sufficient sureties within ten days after no\
as provided for in this act, and on failure to give such bond the ol
of such officer or the position of such employe or of the city treasi
shall be vacant, and said vacancy shall be filled as herein provided,
I the giving of such new bond shall not release the sureties on the

bond for any liability existing prior to the giving of the new bond.

» I Section 27. The salary of the mayor shall be |1,000, and of

city solicitor ?1,200, payable quarterly. The compensation of the
clerk shall be at the rate of not exceeding f 1,200; of the deputy cl
not exceeding |720; of the city auditor not exceeding f 1,200: of
city civil engineer, at the rate of not exceeding fl,200.

503

Section 28. If a vacancy occur in the office of the mayor or city
solicitor, during the term for which either was elected, the same shall be
filled by appointment by the board of control until the next annual
municipal election that shall be held more than thirty days after the
occurrence of such vacancy. Such appointee shall qualify in the same
manner, shall have the same power, and authority to discharge the same
duties, be subject to the same liabilities, and shall receive the same salary
as the officer whom said appointee succeeds. At the next annual munic-
ipal election said office shall be filled by election for the unexpired term
thereof.

Section 29. All advertising required by law or qrdinance on behalf
of said city shall be printed in one daily newspaper published in the Eng-
lish language, and of general circulation in said city, and shall strictly
conform to section 4369 of the Revised Statutes of Ohio. Annually,
within thirty days after its organization the board of control shall receive
sealed bids for said advertising, and said advertising shall be awarded to
the lowest bidder therefor for the period of one year thereafter. The
board shall require the successful bidders to give bond in such sum as
it may deem expedient, with sureties to its satisfaction for the faithful
performance of such contract. The board of control, in its discretion,
may reject any or all bids for such advertising.

Section 30. Said board of control shall advertise for the period
of ten days for sealed bids for the furnishing of blank books, stationery,
furniture, and all other necessary supplies for the offices of said city.
Said bids shall be upon blanks furnished by the city clerk, defining the
kind, quality and quantity of the articles required ; and thereafter the said
board of control as far as practicable, shall purchase all supplies required
by any department of said city in quantities from the lowest bidder,
after ten days' advertising as above prescribed. All bids advertised for
by said board of control for all purposes whatsoever, shall be received
under seal up until two o'clock p. m. of the day named in the adver-
tisement for the reception of bids, and shall forthwith be publicly opened
and read by said board, and recorded by said city clerk in the minutes
of said board. Said board of control, in its discretion, may reject any
or all such bids, whether the advertisement reserves the right or not

Section 31. _ No contract involving the expenditure of $100 or
upwards for the purchase of any machinery, apparatus, appliance, article
or supplies for the use of said city, or for any public improvement upon
the part of said city, shall be made by said board of control, until after
advertisement and bids therefor shall have been received, opened, read
and recorded, when said contract shall be awarded to the lowest and
best bidder, as is provided in sections 29 and 30 of this act; provided,
however, that whenever said city desires to sell bonds or purchase
machinery or supplies, or contract for a public improvement involving
an expenditure of |2,000 or upwards, said board may advertise in addi-
tion thereto, in other ways, and may likewise reject any and all bids
made therefore, whether the advertisement so states or not.

Section 32. Any officer of a city of the second class, third grade 6,
who shall wilfully neglect or refuse to perform any of the duties of his
office, shall be guilty of a misdemeanor, or who shall be guilty of mis-
feasance or malfeasance in his office, or who shall be s^uilty of any offense

504

under the criminal laws of this state, shall, upon conviction thereof,
adjudged by the court before which he is convicted, to have forfeited
office, and the vacancy thereby create^ in said office shall be 'filled as h^
inbefore provided; it shall be unlawful for any member of the be
of control, or any officer or employe of the municipality to accepi
any orders, or to be interested, directly or indirectly, in discounting
order issued or to be issued by the municipality, or to purchase
such order, bill or account; and any member of the board of con
or other officer who shall be guilty of such offense shall forfeit his ofl
and any employe guilty of such offense shall be dismissed forth^
from the service of the city.

Section 33. It shall be unlawful for any member of the boarc
control or other officer or employe of said city to be pecuniarily intcres
directly or indirectly, in any contract for work to be done for, or macl
ery, material or supplies of any kind whatever, to be furnished to i
city, or any department thereof, and any contract so made shall be v(
and any member of the board of control or other officer who shall
guilty of such offense shall forfeit his office, and any employe guilt}
such offense shall be dismissed forthwith from the service of the c
and the person guilty of such offense shall also be liable, on his be
in a civil action in addition therto for damages suffered by the city grow
out of such unlawful act.

Section 34. If any member of the board of control, or other oflE
or employe of the city shall receive any fee, present, gift, reward
emolument, or share, or interest therein other than his regular sal
or compiensation for services as provided in this act, if an officer, he s
forfeit his office; if an employe, he shall be dismissed from the sen
of the city; and such offender shall be punished for misdemeanor.

Section 35. In all cities of the third grade &, of the second cl
all nominations of candidates, by all political parties or associations,
mayor, city solicitor, member of the board of control, or any candi(
for any office to be voted for at any municipal election, shall be m
by a plurality of the lawful electors of their respective political pari
at primary elections, and in the manner provided in an act entitled *
act to provide for nomination of candidates in certain counties, anc
regulate the conduct of primary elections," passed May 18, 1S94.

Section 36. That sections 1953, 1954, 1955, 1956, 1957, 1963, 11
1980 and 1981, of the Revised Statutes be, and the same are hereby m
applicable to cities of the third grade 6, of the second class, as thoi
such sections were in this act repeated.

Section 37. That an act entitled "An act to establish an effic:
and non-partisan board of public affairs in cities of the second class, tl
grade, having a population at the last federal census of 12,122," pas
April 1, 1890, and an act entitled "An act to authorize the board of comr
sioners of sewers in cities of the third grade b, of the second class, to m
certain street improvements," passed April 10, 1896, and section 17
of the Revised Statutes be, and the same are hereby repealed. That
sections or parts of sections of the Revised Statutes of Ohio, and all J
or parts of acts inconsistent and in conflict with the provisions of
act are hereby declared void as to such inconsistency and conflict
not otherwise.

506

Section 38. This act shall take effect and 'be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 25, 1898. 77L

[ Sexnte Bill No. 46.]

AN ACT

To supplement section 2680 of the Revised Statutes of Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 2680 of the Revised Statutes of Ohio be supplemented as
follows:

Sec. 2880irf. That in Washington county in which such library asso-
ciation mentioned in said section 2680 shall be formed, and in which
there is no police court, twenty-five per cent, of all fines and penalties
which are assessed and collected by the common pleas and probate courts
of such counties for offences and misdemeanors prosecuted in said courts,
less the compensation allowed by law to the prosecuting attorney of the
county in state cases, shall be paid, quarterly, by the clerk of the court
of common pleas and the probate judge respectively, to the trustees of
such library association, and that one-fourth of all fines and penalties
which are assessed and collected by the vcAyor of the city of Marietta,
prosecuted in the name of the state or said city, shall be paid quarterly by
said noayor to the trustees of such library association, all of said sums so
paid shall be expended in the purchase of law books and the maintenance
of such association subject in all other respects to the provisions of said
section 2680.
Section 2. This act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate^
Passed March 25, 1898. 78L

[ Senate Bill No. 250.]

AN ACT

To supplement section 3898 of the Revised Statutes of Ohio, passed AjJril 27,

1896 ([92] O. t., p. 426).

[COLUMBIANA COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 3898 of the Revised Statutes of Ohio, as passed April 27,
1896, be and [section] is hereby supplemented by [said] section 3898a, so
as to read as follows:

\«

506

Sec. 3898a. In the East Liverpool city school district in Colum-
biana county, Ohio, the board of education shall consist of seven mem-
bers elected at large by the qualified electors of the district. That at
the next annual election, succeeding the passage of this act, four members
shall be elected to serve two years and until the election and qualification
of their successors, and three members to serve one year and until the
election and qualification of their successors, at the second annual elec-
tion, after the passage of this act. Three members shall be elected to
serve two years and at the next, four members shall be elected to serve
two years and until the election and qualification of their successors.
Thus the number to be elected annually thereafter shall alternate three
and four as the annual elections recur.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed March 25, 1898. 79L

[ House Bill No. 475.]

AN ACT

To change the name of Leopold Newman.

Section 1. Be it enacted by tlie General Assembly of the State of Ohio,
That the name of Leopold Newman, a resident of Cuyahoga county, Ohio,
be and the same is hereby changed to Leopold Schanfarber.

Section 2. Said change shall in no way affect the rights, privileges
and liabilities of the person herein named.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 25, 1898. SOL

[ Senate Bill No. 264.]

AN ACT

Authorizing the payment in cities of the first grade of the first class of certain
claims out of the contingent fund.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That whenever in any city of the first grade of the first class it shall come
to the knowledge of the mayor and the auditor of such city that at the
end of the preceding fiscal year there were outstanding claims, not exceed-
ing in the aggregate three thousand dollars, for labor and supplies fur-
I nished in connection with the management, maintenance or repair of the

507

city hall of such city during said preceding fiscal year, which claims
had not been plaid because of lack of money in the fund appropriated for
the payment of that class of claims, such mayor and auditor are authorized
to investigate such claims, and if, after such investigation, they shall find
that the labor and supplies represented thereby [were] furnished in good
faith and were necessary, such mayor and auditor may draw vouchers
upon such auditor in favor of the holders of said claims, and such auditor
shall issue his warrant upon the treasurer of such city for the payment
of such claims out of the contingent fund of such city.

Section 2. This act sh^ll take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Passed March 29, 1898. * 81L

[Senate Bill No. 162.] •
. AN ACT

To amend sections 1, 2 and 5 of an act entitled "An act relating to the duties and
compensation of certain county officers in Pickaway county," passed April 22,
1896 (O. L., vol. 92, page 597).

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That sections 1, 2 and 5 of above recited act be amended so as to read
as follows:

Sec. 1. Be it enacted by the General Assembly of the State of Ohio,
That in Pickaway county the compensation of the probate judge, county
auditor and county treasurer, shall be by annual salary exclusively, except
as otherwise provided in this section, to be paid in monthly installments,
as follows: Probate judge, twenty-six hundred dollars (|2,600); the
auditor, twenty-nine hundred dollars (f 2,900); the treasurer, twenty-eight
hundred dollars (f2,800), and neither of them shall receive, nor agree to
receive, directly or indirectly, any additional compensation from any
source whatever, for the performance or omission of any official duty,
except that the probate judge shall be entitled to receive the fee now
allowed by law for issuing a marriage license and filing and recording
the certificate of marriage, and the auditor shall be entitled to receive
the fees authorized by law for transfers of real estate, and also an allow-
ance for the year of decennial real estate appraisement of six hundred
dollars for additional clerk hire the year 1900 and each tenth year
thereafter, and an additional allowance of six hundred dollars (f600)
for the year 1901 and each tenth year thereafter, to be paid on the allow-
ance of county commissioners on the third Monday of October of each
of said yearfs]. Nor shall either of said officers receive a reward of any
kind from any employe in his office, or other person, in consideration
of the appointment of any such employe, nor any portion of the com-
pensation of any of his employes, nor any money or thing by way of
gift or otherwise, from any officers, agent or employe of the county or
its commissioners, or from any other person, and no such employe shall
pay, or agree to pay, directly or indirectly, to the officers by whom he

508

is employed, any reward for his appointment, nor receive from any per-
son any fee or compensation for his own use or for the use bf such oflScer,
for the performance or omissipn of any official duty.

Sec. 2. All fees, costs, percentages, penalties, allowances and other
perquisites which are now or may hereafter be allowed by law for the
performance of official duty by any officer mentioned in section one,
shall, when collected, be for the sole use <rf the county, except as other-
wise provided in this act, and the total receipts thereof each day by
each of said officers shall, except as otherwise provided in section seven,
be .paid by him to the county treasurer on the first Monday of each month,'
and be duly accounted for by the treasurer^ and said officers shall keep
full and accurate accounts in books to be provided for that purpose,
showing all fees, costs, percentages, penalties, allowances and other per-
quisites that accrue to his office, and from whom the amounts paid to
him each day, and by whom the amount paid to the county treasurer
each day, and the amount due and unpaid, and also the name of each
^^ person or party Hable for any part of such as are due and unpaid, and

■■ the amount due from each; provided, that such fees, costs, percentages,

^^ ■ penalties, allowances and other perquisites in cases pending in court,

shall not be deemed to be earned or to have accrued within the mean-
ing of this act, until final judgment.

Sec. 5. Each officer mentioned in section one shall exercise due
diligence in the collection of fees, costs, percentages, penalties, allow-
ances and other perquisites accruing to his office, and shall, where author-
ized by law, collect the same before or at the time they are earned; but
the county commissioners may, by order entered on their journal, and
certified to the treasurer, authorize the treasurer to omit for thirty days,
or a longer period if necessary, to enforce payment of penalties for the
non-i>ayment of taxes within the time limited by law ; and the treasurer
shall not be required to report to the commissioners in his statements
required by section three the percentage allowed him by law on taxes
collected, except in such statements next following his semi-annual set-
tlements with the auditor.

Section 2. That said sections 1, 2 and 5 be and the same are
hereby repealed; and this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES, '
President of the Senate.
Passed March 29, 1898. . 82L

[ House Bill No. 402.]
AN ACT

To authorize the city of Massillon to levy a tax for the maintenance of free

public libraries.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in the city of Massillon, Stark county, Ohio, in which city there is
established and maintained by a public library association, not organized
for profit, a public library free to the inhabitants of such [said] city, and

609

owning a library building, and the site for the same, the city council
of said city shall annually, so long as the said public library association
maintains and conducts ^ikl public library and keeps the same open to the
inhabitants of such [said] city, leyy and cause to be collected an annual
tax not exceeding one mill on die dollar of the taxable property of said
dty, the same to be cadfcd the library fund, and such levy shall be cer-
tified to the county auditor and placed by him on the tax duplicate Of
the cotiaty and collected as other taxes.

Section 2. Said tax, when so levied and collected, shall be paid
over by the treasurer of said city to the treasurer of said library associa-
tion!, to be used only for the . purpose of paying the current expenses
for the librarian and such as^tants as may be necessary, and also for
tbe wages of janitor, and for the expenses of lighting, heating, insuring,
furnishing, r^airing, and for the general maintenance of the said library
building and grounds, so that the same shall be maintained in good order
and repair at all times; and for the payment of the taxes, if any, assessed
against the property, real and personal, of said library association, and
for no other purposes whatsoever.

Section ^. Said dty council shall require the library association
to render an account of any and all taxes so received, and how the same
shall have been expended, and the power to levy a tax under this act,
shall continue only so long as said association shall keep up and maintain
said public library free to the inhabitants of said city.

Section 4. Whenever such levy of one mill on the dollar will pro-
duce a revenue in excess of the amount needed for the above expenditures,
such levy shall be reduced so that the amount of revenue for said library
fuad shall not exceed said expenses.

Section 6. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the Hcmse of Represeniatives,
ASAHEL W. JONES,

President of the Senate,

Passed April 21, 18S8. 83L

[HoT»e Bin No. 213.]

AN ACT

Entitled **An act to authorize the council of the village of Swanton to issue and
sell bonds to pay for paving Main street and graveling other streets in said
village."

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the village of Swanton, Fulton county, in said state, is hereby
authorized to issue and sell bonds not in excess of f 10,000 for the pur-
poses hereinafter mentioned, which bonds when issued, shall be signed
by the mayor and clerk of said village, shall bear interest at a rate
not exceeding six per cent, per annum, payable semi-annually, prin-
cipal and interest to be payable at such place as the council of said village
may direct, and which bonds shall have interest coupons attached. Such
bonds shall be made payable in ten years and redeemable in not less
than one year and be issued in amounts not less than f500 nor more

510

than f 1,000, as council may direct, and shall be sold at such times, and
in such amounts, as in the opinion of said council will best carry out the
purpose for which the same are issued, provided, that none of such bonds
shall be sold or disposed of for less than their par value with accrued
interest to the date of sale of disposal.

Section 2. Said bonds or their proceeds shall be used for the pur-
pose of paying the expense of paving Main street, from the north side
of Church street, south to the Lake Shore and Michigan Southern rail-
road and graveling other streets in said village (including the expense
of preparing and advertising said bonds and the other necessary inci-
dental expenses attending such improvement), and for no other purpose

Section 3. No more of said bonds shall be issued than shall be
necessary to procure sufficient money to pay the expense of making
such improvements above mentioned.

Section 4. The council of said village is hereby authorized and
empowered to proceed, as early as it deems proper to contract for such
paving and graveling, and it shall not be necessary for the money to
pay for the same to be in the treasury of said village before said contract
is made, nor for the clerk of said city to [so] certify before that time.

Section 5. The cost of such paving and graveling upon all alley,
street and highway intersections shall be paid by general taxation upon
all the taxable property in said village, and said council is authorized
and required annually after said bonds are issued to levy a tax upon all
the taxable property in said village, sufficient to provide for the pay-
ment of said bonds and interest as the same respectively mature, which
tax levy shall be certified by the clerk of said village to the auditor of
Fulton county, and collected as other taxes are, and which may be in
addition to the other taxation authorized by l^w in said village.

Section 6. All the cost of said paving and graveling except as
mentioned in the preceding section shall be assessed by said council upon
the' real estate bounding and abutting upon said street within the limits
herein mentioned, which assessment shall be by the front foot against
and upon said abutting property, and shall be a lien upon the same, as
other taxes are, and shall be paid in the same manner and at the same
time as other taxes, and shall be divided into twenty semi-annual install-
ments so as to provide for the payment of said bonds and shall be cer-
tified by the clerk of said village, to the auditor of said county, and placed
upon the tax duplicate and collected as other taxes and assessments are.
Any person taxed under section six of this act may, within 30 days
after assessment is made, pay the entire amount assessed against his
property under said section, in which case no other assessment shall be
made against said person under said section. The proceeds of said tax
and assessments shall be placed in a separate fund, to be known as
"Main and Village street % improvement fund," and used for no other
purpose than as herein specified.

Section 7. This act shall take effect and be in force from and
after its passage.

HARRY G. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 30, 1898. 84L

511

[House Bill No. 398.]

AN ACT

To authorize the council of the village of Napoleon, Henry county, Ohio, to trans-
fer certain funds from the street lighting fund to the water-works and electric
light fund of said village.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the council of the incorporated village of Napoleon, Henry county,
Ohio, be and is hereby authorized to transfer one thousand and twelve
dollars and seventy-eight cents (|1,012.78) from the street lighting fund
of said village to the water-works and electric light fund of said village,
which fund has been created by the council of said village.

Section 2. To the end that said sum of $1,012.78 may be trans-
ferred as aforesaid, the water-works and electric light trustees of Napo-
leon, Ohio, are hereby authorized and empowered to present a bill to
said council of said village for the sum of $1,012.78, and that said council
be and is hereby authorized and empowered to allow said bill to the said
water- works and electric light trustees, and for the payment of said sum
into the water-works and electric light fund of said village, and the clerk
of said village is hereby empowered to draw an order on the treasurer
of said village for said sum, payable out of the street lighting fund of
said village.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 30, 1898. 85L

[House Bill No. 312.]

AN ACT

To authorize the board of education of South Bend special school district No. 4, of
Delhi township, Hamilton county, Ohio, to issue bonds to complete and furnish
their new school -house.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of South Bend special school district No. 4,
of Delhi township, Hamilton county, Ohio, is hereby authorized and
empowered to issue bonds not to exceed the sum of fifteen hundred
dollars (|1,500), for the purpose of completing and furnishing their new
school-house.

Section 2. Said bonds shall be issued by said board, and signed
by the president and attested by the clerk thereof; they shall be of
the denomination of one hundred dollars (flOO) each and payable in
one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve,
thirteen, fourteen and fifteen years respectively, from the dates thereof,
and to bear interest at the rate of five (5) per cent, per annum, payable

512

5emi-annually. , Said bonds shall not be sold for less than their pai
value and at public or private sale, as the board may determine.

Section 3. Said board shall anmially thereafter cause the neces-
sary taxes to be levied in addition to those now authorized by law, tc
pay the prindpal and interest of said bomds, as the same siiaii become
due, m the tnaimer provided by law for the levying- and cMoc^ng oi
taxes for school and school-house purposes.

Section 4. This act shall take effect aod be in force from and
after its passage.

HARRY C MASON.
Sfeaker cf ihe House ef Re^esentaiivcs.

ASAHEL W. JONES,

President of ihe Senate.
Passed March Sft, 1898. ML

[7Ian€e Bin No. 441.]

AN ACT

To autlioriae the council of the vTUage of West Salem, Wayne county, lo is«tte Tjond*

-to build a town liall.

Whereas, At the first regular meeting in March, 1897, of the coun-
cil oi the village of West Sakm, in the county of Wayne, and siate oi
Ohio, a petition was presented signed by twenty-six freeholders of said
village, asking that the question of erecting a town hall for said village
be submitted to the voters of said village at its next municipal election,
said hall not to cost to exceed five thousand dollars, said building not
to be erected before 1898, the cost of the same to be raised by taxation
on the general tax duplicate of said village, which petition was granted
by the unanimous vote of said council, and' a resolution pa««ed by the
same vote by said council at said meeting, authorizing said questions
to be submitted at the election to be held in said village on the fifth
day of April, 1897, of which election and of the submission of which
questions, due notice was given by proclamation by the mayor of 'said
village, according to law, for wKwe thin two weeks prior to said election;
and.

Whereas, At -said election winety vo^es were cast m favor of «aid
proposition, and but seventy-seven vcrtes against the same; now, there-
fore,

Section 1. Be it efUKted by the General Assembly of ihe SicAe of Ohio,
That the council erf the village of West Salem, Wayne couoty, Ohio, be

^ and ttie same is hereby authorized to issue bonds in any sum not to

1 ^ ' -exoeed five thousand dollars, bearing interest at a rate not to exceed

six per oent. per annum, payable anntiaUy, said bonds to be of swch
denominations and payable at such times, not to exceed ten years, as

L , said council may determine. S«id bonds shall be designated "Toimi hall

I ^ ' bonds."

Section 2. Said village council is hereby empowered to levy such
amount of tax upon the taxable property of said village, in adcKtioo tc
other taxes authorized by law, as may be necessary to pa^ the interest
and principal of such bonds when the same become due. Said taxes

513

shall be levied and collected in the same manner as taxes for other pur-
poses are levied and collected.

Section 3. Said bonds shall be sold in accordance with the pro-
visions of section 2709, Revised Statutes of Ohio, Bates' revision of 1897.
Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed March 30, 1898. 87L

[House Bin No. 167.J

AN ACT

Relating to the duties and compensation of certain county officers of Tuscarawas

county.

Section 1. Be it enacted by the General AsseifMy of the State of Ohio,
That in Tuscarawas county the compensation of officers hereafter elected,
shall be by annual salary exclusively, except as otherwise provided in
sections six and nine of this act, as follows: The auditor, probate judge
and the clerk of the court of common pleas, twenty-six hundred dollars
each; the treasurer, twenty-three hundred dollars, and the sheriff, twenty-
eight htmdred dollars [each]; the recorder, two thousand dollars; the
prosecuting attorney, one thousand dollars [each]; the coroner, two
hundred dollars; each county commissioner, eight hundred dollars; each
infirmary director, two hundred and twenty-five dollars; and neither of
said of&cers shall receive, nor agree to receive, directly or indirectly,
any additional compensation from any source whatever for the perform-
ance or omission of any official duty; provided, however, that the auditor,
probate judge, treasurer, sheriff, and each county commissioner, when
necessary to go out of the county on official business connected with
their respective duties, may each, in addition to his salary, charge and
receive his actual expenses of transportation to and from the county
seat, and no more; which expenses shall be paid by the county on the
warrant of the auditor, on first producing to the auditor an itemized
account therefor, approved, in writing, by the prosecuting attorney. All
such salaries shall be paid by the county in equal monthly installments,
out of the couftty treasury, on the warrant of the auditor; but if any
such officer shall die, resign, or be removed from office, his compensation
shall cease at the time of his death, resignation or removal; and no com-
pensation shall be paid by the county to any deputy, clerk, or other
employe of such officers.

• 514

total receipts thereof each calendar month by each of said officers shal
except as otherwise provided in section five, be paid by him to the count
treasurer at the close of business on the last business day of each montl
and be duly receipted and accounted for by the treasurer; and sai
officers shall keep full and accurate accounts in books to be provide
for that purpose, showing all fees, costs, percentages, penalties, allov^
ances and other perquisites that accrue to his office, and by whom pal
to him each day and the amounts paid to the treasurer each montl
and the amount due and unpaid, and also the name of each person o
party liable for any part of such as are due and unpaid, and the amour
due from each; provided, that such fees, costs, percentages, penalties
allowances and other perquisites in cases pending in court, shall not b
deemed to be earned or to have accrued within the meaning of this aci
until final judgement, except in habeas corpus and divorce cases.

*• Section 3. Elach officer mentioned in section two shall, on the fin
business day of each month, file with the county commissioners a state
ment, verified by his affidavit, showing the full receipts daily by him fo
Ihc preceding month, and the 'total for the month from each of th
sources specified in the preceding section, and also a statement verifie
as aforesaid, showing the full amount of all fees, costs, percentages
penalties, allowances and other perquisites accrued to his office and n€
paid to him, and the name of each person or party liable for any pai
thereof, and the amount due frdm each; and each stateipent after th
first, of the amounts due and unpaid shall begin with a showii^ of th
amount theretofore reported due and tmpaid, and what portion therec
has been paid during the month covered by the report. And on the da
his term of office expires he shall file with the commissioners like state
ments showing such receipts daily since his last statements, and sucl
amounts due and unpaid up to that time.

Section 4. It shall be the duty of the county commissioners to se
that the provisions of this act are faithfully complied with and observed
and all statements required by the preceding sections to be filed wit
them shall be carefully preserved, and shall be subject to public inspec
tion during all official business hours; and the account books provide
by section two shall be subject to like inspection, and shall remain i
the respective offices where kept, and at the expiration of the term c
any officer named in section two shall be turned over to his successo
in office.

Section 5. Each officer mentioned in section two shall exercis
due vigilance in the collection of fees, costs, percentages, penalties, allow
ances and other perquisites accruing to his office, and shall, where authoi
ized by law, collect the same before or at the time they are earned; bt
the county commissioners may by order entered on their journal, an
certified to the treasurer, authorize the treasurer to omit for thirty dav
to enforce payment of penalties for the non-payment of taxes within th
time limited by law; and the treasurer shall not be required to repoi
to the commissioners in his statements required by section three th
percentages allowed him by law on taxes collected, except in such stat(
ments next following his semi-annual settlements with the auditor.

Section 6. The sheriflF shall be allowed to retain for his own us
whatever money he may receive under any contract with the count
commissioners for keeping and providing for prisoners in the count

515

jail; but in making such contract the commissioners shall specify in
general tenns the manner in which such prisoners shall be kept and pro-
vided for, and shall see that the terms are fully complied with.

Section 7. Nothing in this act shall be construed to vest in any
officer mentioned in section one such fees, costs, percentages, penalties,
allowances and other perquisites as are unpaid at the end of their re-
spective terms, but the same shall be the property of the county to be
collected by their successors in office, and applied as provided in this
act; but fees, costs, percentages, penalties, allowances and other per-
quisites that accrue to said officers prior to the taking effect of this act
shall not be affected thereby.

Section 8. All money paid to the county treasurer in pursuance
of this act shall be by him credited to the general fund of the county,
and all warrants issued by the county auditor in pursuance thereof shall
be drawn upon said fund.

Section 9. All accounts of costs and fees due to any of the officers
named in section one of this act, which remain unpaid for one year,
shall by such officer be transferred to the prosecuting attorney for collec-
tion, who shall on the first Monday in each month, pay over to the officer
for whom the collection is made, all moneys which may have come into
his hands ;^such officer shall give the prosecuting attorney a receipt for
^"^ ia»u||?paid over and enter a statement of such payment on the
Iksf>f his office; and execution shall be issued on the precipe of such
secuyng^ttorney to enforce the payment of all such accounts to him
"fefemd TOr collection. The prosecuting attorney shall report to the
from whom he may have received any such accounts on the first
^Monday (Aeaflimonth, a full statement of all accounts still in his hands
unccjJ^ctfeS. rT)r such services the prosecuting attorney shall, in addi-
tion ta the salary provid'ed in section one, receive ten per centum on all
^cOThts so coljdcted by him; and where the same is collected by the
^eriff on .executiq^ issued on the precipe of the prosecuting attorney,
the sb«1^ ^adtffflon to his salary provided in section one, shall be
;aHowad/Tdf re|ain Twe per. centum of the amount actually paid to him
ion$iich^wecuiion, and no more; and all sums so received by the sheriff
/shaly be paid by him to the prosecuting attorney, less ten per centum
I thertof, to be accounted for by the prosecuting attorney as herein pro-
vided.

Section 10. If any officer mentioned in section one wilfully fail or
refuse to perform faithfully and promptly any duty required of him by
this act, or knowingly violates any provision thereof, or wilfully makes
any false or fraudulent showing in any statement thereby required of
him, or in any account book provided for herein, he shall be fined in
any sum not more than five thousand dollars, or be imprisoned in the
penitentiary not less than one year nor more than five, or both. The
penalties herein provided for against said officers shall be in addition
to penalties provided by existing statutes; and the fines imposed by this
section shall be paid into the county treasury, to the credit of the genaral
fund of the county.

516

they are sureties af any of the provisions of this act, and for the faithful
performance of all the duties required hereby.

Section 12. Any provision of statute in force when this act takes
effect, which conflicts with any provision of this act, shall, to the extent
that it is inconsistent with the latter, and not otherwise, be held to be
superseded by this act as to said county of Tuscarawas, but other pro-
visions of statute so in force relating to county officers and count}' affairs
shall not be affected by this act.

Section 13. This act shall take effect on and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 30, 1898. 88L

[House Bill No. 195.]

AN ACT
To relieve Canton township trustees from refunding overdrawn salaries.

Whereas, On April 21, 1890 (O. L., vol. 87, page 236), an act was
passed by the legislature of the state of Ohio to fix and regulate the
compensation of township trustees, and it was provided in said act that
"in any township of the state having a population at the last federal
census in 1880, and which at any subsequent federal census may have
a population of 21,175, and not having a city infirmary therein, the com-
pensation of any trustee of said township, at f 1.50 for each day's services,
to not exceed f250 in one year, to be paid out of the treasury, includ-
ing services in connection with the poor;" and,

Whereas, George Barth, Joseph D. Miller, George W. Oldfield.
U. R. Henry, Thomas Bidwell, Thomas J. Miller, Valentine Rebholtz,
Henry J. Piero and Joseph Trout were each, at different times, duly
elected, qualified and acting trustees of Canton township, Stark county,
Ohio; and,

Whereas, Said Canton township aforesaid had no city infirmary

therein, and had a population at the federal census of 1880 of ,

and during all of the time said parties hereinbefore named served as
trustees of said township, said township had a population of 21,175 and
more ; and,

Whereas, Under the provisions of said act of the general assembly,
passed April 21, 1890, as aforesaid, said above named parties received a*
compensation for their services as trustees of said township of Canton
Stark county, Ohio, yearly the sum of |250; and.

Whereas, It is claimed that said act of the legislature is unconsti-
tutional, and there being no question but that the services rendered b>
said trustees were in fact worth the amount fixed by the said act a<
the salary therefor; and,

Whereas, It is claimed that by reason of the unconstitutionality
of said act above named George Barth, Joseph D. Miller, U. R. Henrv
Valentine Rebholtz and Henry J. Piero have each received $300, anc
Thomas J. Miller and George W. Oldfield each the sum of |200, anc

517

Thomas J. Bidwell and Joseph Trout each the sum of |100, which,
it is claimed, they were not entitled to by reason of the fact of said
act being special in its nature and application ; and,

Whereas, Said trustees, in fixing their salaries, relied upon said act
and law to fix the same, and believed they were entitled to the compen-
sation therein fixed, and that the services rendered by them were in
fact worth the amount of said salary and more; now, therefore.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That by reason of the facts herein contained, that the said George Barth,
Joseph D. Miller, George W. Oldfield, U. R. Henry, Thomas Bidwell,
Thomas J. Miller, Valentine Rebholtz, Heniy J. Piero and Joseph Trout,
and each of them, as trustees of said Canton township, be relieved from
the payment or refunding of said several amounts of money hereinbefore
named, to said Canton township of Stark county, and that the amounts
so drawn by them as salary as aforesaid be and remain as the proper
compensation for their said services, and that no refunding of the same
be made necessary.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed March 30, 1898. 89L

[House Bin No. 368.]

AN ACT

Tojamend section 16 of an act entitled "An ^ct to provide for the reorganization of
boards of education in the city districts of the second grade of the first class."
[89, p. 77.]

[CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That sectian 16 of an act entitled "An act to provide for the reorganization
of boards of education in the city districts of the second grade of the
first class" (89 O. L., page 77), be amended to read as follows:

Sec. 16. The auditor shall submit to the school council on the
second Monday in September in each year, and oftener if required by it,
a report of the accounts of the board, verified by his oath, exhibiting
the revenues, receipts, disbursements, assets and liabilities of the board,
the sources from which the revenues and funds are derived and in what
manner the same have been disbursed. Said report, filed on the second
Monday in September, shall cover the period of one year ending with
the thirty-first day of August next preceding the time of making such
report. Said report shall be examined by the corporation counsel to-
gether with two suitable persons to be appointed by the court of com-
mon pleas on the second Tuesday in September of each year, and the two
persons so appointed shall each be allowed and paid out of the con-
tingent fund of the board of education the sum of five dollars per day
for the time they are necessarily employed in making said investigation,
but said per diem compensation shall not be allowed to either of said

518

persons for more than thirty days. To aid in their investigation, the
persons so appointed with the corporation counsel to examine said report,
shall have power, when 'in their opinion it is necessary, to subpoena wit-
nesses to appear before them at such time and place as is designated.
Upon the filing of a precipe with the clerk of the court of common pleas
he shall issue a subpoena, directed to the sheriff of the county, who shall
serve the same and make return according to law; such witnesses may
be sworn before any officer authorized to administer oaths and shall
thereupon be compelled to answer such questions as are put to them
relative to the financial transactions of the board of education. The
clerk of the court of common pleas shall certify to all costs arising under
these proceedings to the school director, who shall cause the same to
be paid in the same manner as now provided by law for the payment of
the expenses of the board of education. Said examiners shall deposit
said auditor's report and the report of their examination, on or before
the fourth Saturday in October, with the school director, who shall cause
said examiners' report to be read to the school council at its next regular
meeting, and the same shall be published in full in the official proceedings
of said meeting, and the school director shall immediately thereafter
cause said reports to be published in the annual reports of the board
of education. The auditor shall give bond for the faithful discharge of
his duties in the sum of twenty thousand (|20,000) dollars with not less
than two sureties, and which shall be approved by the council and filed
with the clerk. The auditor shall receive no compensation for his ser-
vices as auditor, but the council shall provide for the appointment of
such assistants for the auditor as it shall deem necessary, and fix their
compensation, which shall be paid monthly out of the school funds, but
such assistants shall be appointed by the auditor.

Section 2. That section 16 of an act entitled "An act to provide
for the reorganization of boards of education in city districts of the second
grade of the first class" is hereby repealed ; and all provisions in law in
force when this act takes effect which are inconsistent with any provis-
ion of this act, shall be held to be superseded by the latter, as to the
matter of inconsistency.

Section 3. This act shall take effect and be in fc«-ce from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed March 80, 1898. 90L

[House Bin No. 77.]

AN ACT

To provide for the salary and fees of official stenographer for certain counties tliere-

in described.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in Clinton county, the official stenographer heretofore appointed by
the court of common pleas, or who may hereafter be appointed for said
county, shall hold office for a term of three years from and after the date

519

of such appointment, and until a successor be appointed and qualified,
unless removed by the court for neglect of duty, misconduct or incompe-
tency. Such official stenographer shall receive a salary of six hundred
dollars per annum, payable in equal quarterly installments out of the
county treasury, which salary shall be in lieu of all per diem fees in
the circuit court, common pleas court and probate court, and it shall be
the duty of the auditor of said county to issue warrants on the treasurer
for the payment of said salary out of the general fund on the first day of
January, April, July and October of each year, upon the presentation to
him of a certified copy of the journal entry of such appointment of said
official stenographer.

Section 2. And it shall be the duty of such stenographer, unless
waived by the parties, to make, or cause to be made, accurate sten-
ographic notes of the testimony of the witnesses, the charge of the court
to the jury, all opinions rendered, and such oral proceedings as the court
or parties may direct in all cases actually tried in the circuit, common
pleas and probate courts to the court or jury, the shorthand notes so
taken to be the property of the county, and carefully preserved in the
office of such stenographer. It shall be the duty of such stenographer
to make, or cause to be made, at the request of either party, his attorney
or the court, an accurate transcript into longhand of the notes so taken
in any case, to be paid for forthwith by the party or parties ordering the
same; but no transcript of the notes into longhand shall be paid for
out of the county treasury in any case, unless such transcript shall be
ordered by the judge trying the case, for his own use, and in criminal
cases by the prosecuting attorney. Such stenographer shall also, witfi-
out extra compensation, take from the dictation of the court such short-
hand notes as may be required in preparing opinions and charges to
the jury.

Section 3. Such stenographer shall receive for making such trans-
cript of said notes into longhand eight cents per folio of one himdred
words, and. when more than one such transcript shall be ordered at the
same time, the fee for making such additional transcript shall be one-
third the fee allowed for the first copy. -And in every felony case, in
which there is a conviction, reported in said courts, there shall be taxed
for each day's services of such stenographer a fee of seven dollars, to
be collected as other costs in the case, and when so collected, to be paid
quarterly into the treasury of the county by the clerk of the court

Section 4. Such stenographer shall have an office in the court-
house of the county, and all necessary supplies and stationery for said stcn-
(^[rapher's office shall be furnished by the county; and he shall have
the power to take and certify depositions in any of the courts of the
state, and may be appointed referee to take and report in any of the
courts of the state, and in taking such depositions and proofs, shall have
power to swear witnes^s, and for services under this section shall be
entitled to receive ten* cents per folio of one hundred words.

Section 5. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed March 30, 1898. 91L

520

[House Bill No. 495.]

AN ACT

To provide for the salary of the official stenographer for certain counties therei

described.

[ PICKAWAY COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohic
That in all counties having a population of not less than twenty-six thou
sand and nine hundred, nor more than twenty-six thousand nine hundre<
and seventy-five, by the federal census of 1890, the official stenographe
heretofore appointed by the court of common pleas or who may hereaftc
be appointed for such county, shall hold office for a term of three year
from and after the date of such appointment, and until a successor b
appointed and qualified, unless removed by the court for neglect of duty
misconduct or incompetency. Such official stenographer shall receive j
salary of six hundred dollars (|600) per annum, payable in equa
monthly installment, out of the county treasury, which salary shall b
in lieu of all per diem fees in the circuit, common pleas and probata
courts; and it shall be the duty of the auditor of such counties to issu(
warrants on the treasurer for the payment of said salary out of the gen
eral fund on the first day of each month.

Section 2. And it shall be the duty of such stenographer, unles
waived by the parties, to make, or cause to be made, accurate sten
ographic notes erf the testimony of the witnesses, the charge of the cour
to the jury, all opinions rendered, and all such oral proceedings as tb
court or parties may direct in all cases actually tried in the circuit, com
mon pleas and probate courts, the shorthand notes so taken to be tin
property of the county, and carefully preserved in the office of such sten
ographer. It shall also be the duty of such stenographer to make, a
cause to be made, at the request of either party, his attorney or the court
an accurate transcript into longhand of the notes so taken in any case
to be paid for forthwith by the party or parties ordering the same; bui
no transcript of the notes into longhand shall be paid for out erf th<
county treasury in any case unless such transcript shall be ordered bj
th^ judge trying the case for his own use, and in criminal cases by the
prosecuting attorney, the defendant or the court. Such stenographei
shall also, without extra compensation, take from the dictation of th<
court such shorthand notes as may be required in preparing opinioni
and charges to juries, and furnish transcripts of the same when requested
by the court.

Section 3. Such stenographer shall receive for making such tran-
scripts of said notes into longhand, except the opinions and chaiig«
of the court (unless made a part of the record), five cents per folio ol
one hundred words, and when more than one such transcript shall b(
ordered at the same time, the fee for making each additional transcript
shall be one-half the fee allowed for the first copy. And in every case
reported in said courts there shall be taxed for each da)r's service ol
such stenographer a fee of three (fS) dollars, to be collected as otha
costs in the case, and when so collected, to be paid quarterly into the
treasury of the county by the clerk of the court.

521

Section 4. Such stenographer shall have an office In the court-
bouse of the county, and shall be furnished by the county with the nec-
essary stationery and supplies, and shall have the power to take and
certify depositions in any of the courts in this state, and may be appointed
referee to take and report proof in any of the courts of this state, and
in taking such depositions and proofs, shall have power to swear wit-
nesses, and for services under this section shall be entitled to receive
ten cents per folio of one hundred words.

Section 5. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed March 30, 1898. 92L

[Senate Bill No. 184.]
AN ACT

Authorizing the council of the village of Logan, Ohio, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the council of the village of Logan, Hocking county, Ohio, be and
the same is hereby authorized to transfer three thousand two hundred
dollars (f3,200) from the surface drainage fund to the water- works fund;
five hundred dollars (|500) from the surface drainage fund to the current
expense fund; five hundred dollars (fSOO) from the sanitary sewer fund
to the marshal and police fund.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 5, 1898. 93L

[House Bill No. 401.]

AN ACT

To authorize the city of Massillon to issue bonds for the purpose of assisting in the
establishment of free public libraries and to levy a tax tor the payment of said
bonds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in the city of Massillon, in Stark county, Ohio, and in which city
there has been donated and conveyed to a public library association, not
organized for profit, and which is to be free to all the inhabitants of
add dty, a site and building suitable for the uses of such free public
library, and which is in need of alterations, additions and furnishing to
nuwe fully adapt it for the purpose of such public library, the city council

522

of said city shall be and it is hereby authorized and directed to is!
its bonds in the sum of four thousand (f4,000) dollars, which bonds si
be in denominations of not less than five hundred (|500) dollars i
not more than one thousand (|1,000) dollars, bearing interest at a r
not to exceed six per cent, per annum, payable annually, and to be d
ignated as public library bonds, and to be signed by the mayor i
countersigned by the city clerk of said city; said bonds to be paya
at such time or times not exceeding eight years from their respect
dates, as said city council may determine, which said bonds shall :
be sold for less than their par value, and to be sold without commissi

Section 2. That for the purpose of paying said bonds and
interest thereon, as the same shall become due, said city council is hen
authorized and required to levy on all the taxable property of said c
a tax for such an amount annually, not exceeding two-tenths (2-10) mi
which levy shall be placed on the duplicate by the auditor of said coui
and collected as other taxes.

Section 3. The proceeds of the sale of said bonds shall, upon
certificate of the city clerk, be paid by the city treasurer to the treasu
of said free public library association, to be by the trustees of said as
ciation expended only in remodeling, repairing, furnishing and adapt!
such building and site, donated as aforesaid, to the uses of such put
library.

Section 4. The trustees of said library shall render to the cour
an itemized statement of the expenditures of said fund, and shall rati
to the city treasurer the unused portion thereof, if any there be, the sa
to be by him applied upon the interest and principal of said bonds.

Section 5. This act shall take effect and be in force from a
and after its passage.

HARRY C. MASON,
Speaker of the House of RepresentaHi

ASAHEL W. JONES,
President of the Sent
Passed April 5, 1898. 94L

[House Bill No. 506.]

AN ACT

To reimburse Jas. D. Corwine, John M. Vulgamore, George W. Baker, Wm. M. McC
Jacob Leist, Jacob Butler, Wesley hegg, John C. Washburn and James Emmi
estate, bondsmen of Geo. W. Legg, late treasurer of Pike couqty, Ohio.

Whereas, Georg« W. Legg was the duly elected and qualil
treasurer of Pike county, Ohio, for four years preceding the first Mooc
of September, A. D. 1896; and.

Whereas, Wm, Holton, deceased, Ezekiel East, Wm. V. McC
Wesley Legg, John C. Washburn, Jacob Butler, Jacob Leist, Jar
Emmitt, deceased, Jas. D. Corwine, John M. Vulgamore, George
Baker, Andrew J. Dieterich, deceased, Amos Corns, Henry Givens, Vi
F. Anderson and Almond Bayhan were sureties on the official bcMid
said George W. Legg; and,

523

Whereas, Said James Emmitt, William Holton and Andrew J. Die-
terich are now deceased and their estates are insolvent; and,

Whereas, Said Ezekiel East, Amos Corns, Henry Givens, William
F. Anderson and Almond Bayhan were insolvent; and,

Whereas, Said George W. Legg, as such treasurer, was short in
his accounts and a defaulter as such treasurer at the expiration of his terms
of office; and.

Whereas, Said Jas. D. Corwine, George W. Baker, John M. Vulga-
more, Wm. V. McCoy, Wesley Legg, Jacob Leist, Jacob Butler, John
C. Washburn and James Emmitt's estate were compelled to and did
pay the sums of |1,869.44, |1.8C9.44, |1,869.44, |1,422.64, |487.92, |487.92,
1487.92, 1487.92 and |128.40, respectively, or a total sum of |9,112.04;
and,

Whereas, A large number of the taxpayers and electors of Pike
county, Ohio, have petitioned this general assembly for the relief and
reimbursement of said James D. Corwine, George W. Baker, John M.
Vulgamore, Wm. V. McCoy, Wesley Legg, Jacob Leist, Jacob Butler,
John C. Washburn and James Emmitt's estate ; therefore.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of county commissioners of Pike county, Ohio, be and
they are hereby directed to authorize the payment of the following sums
of money, out of the county fund, to the following persons, said surety
aforesaid, to wit: James D. Corwine, f 1,869.44; George W. Baker,
11,869.44; John M. Vulgamore, |1,869.44; Wm. V. McCoy, |1,422.64;
Wesley Legg, |487.92; Jacob Leist, |487.92; Jacob Butler, |487.92;
John C Washburn, |487.92, and James Emmitt's estate, |128.40, and
in the manner following, to wit: That said board direct the auditor
of said county to issue to each of said above named persons his warrant
on the county treasurer of said county for their respective parts thereof,
to wit: One-sixth thereof payable on the first Monday of July, A. D.
1898, and one-sixth thereof on the first Monday of January, 1899, and
one-sixth thereof on the first Monday of July, A. D. 1899, and one-
sixth thereof on the first Monday of January, A. D. 1900, and one-sixth
thereof on the first Monday of July, A. D. 1900, and one-sixth thereof
on the first Monday of January, A. D. 1901; that the same shall be re-
ferred to the vote of the people for their ratification at the next regular
election.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 5, 1898. 95L

524

[House Bill No. 280.]
AN ACT

To create a special school district in Perry township, Brown county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of 01
That the following territory in Perry township, Brown county, Oh
be and the same is hereby created and declared to be a special sch(
district to be known as the "Glady special school district," to v
Being in Perry township. Brown county, Ohio, and lying and bei
within the boundaries of sub-school district No. 8 in said township, a
co-extensive with the boundaries of said sub-school district No. 8, as 1
same existed prior to the alteration thereof in December, 1897.

Section 2. All the school property situate within 'said describ
territory shall belong to and be the property of said special school d
trict; and said district shall be entitled to receive the proportionate shj
of the school funds and funds levied for incidental expenses in accoi
ance with the last enumeration of children of school age, and such spec
school district shall be governed by such laws as are now, or may he
after be in force relating to special school districts.

Section 3. This act shall take effect and be in force from a
after its passage, but not to operate against any existing contracts p
taining to the school now in session in said territory, but such existi
contracts shall be executed according to the terms thereof.

HARRY C. MASON,
Speaker of the House of Representath

ASAHEL W. JONES,
President of the Senc
Passed April 5, 1898. 96L

[House Bill No. 714]
AN ACT

To authorize cities of the first grade of the second class to issue and sell bonds
raise money for the purpose- of constructing, extending and strengthen!
levees and embankments along the streams or rivers passing through, along
adjacent to the corporate limits of such cities, paying for property necessary
be condemned therefor and for the purpose of widening and deepening '
channels of such rivers or streams to protect the inhabitants of such cit
from floods.

[COLUMBUS.]

Section 1. Be it enacted by the General Assembly of the State of 01
That cities of the first grade of the second class are hereby authorized a
empowered to issue and sell bonds in the sum of one hundred and fi
thousand (|150,000) dollars, and to use the proceeds of such bor
in constructing, extending and strengthening levees and embankme
along the streams or rivers passing through, along or adjacent to 1
corporate limits of such cities, paying for property necessary to be cc
demned therefor, and in widening and deepening the channel of su
streams or rivers for the purpose of protecting the inhabitants of su
cities from flood.

525

Section 2. That such bonds shall be issued by the councils of such
cities, upon the recommendation of the board of public works, in such
amounts and at such times as said board shall deem necessary, and shall
bear interest at such rate per cent, per annum, payable semi-annually,
not exceeding five per cent., as such councils may determine. Such bonds
shall be designated "levee bonds*' and shall be of the denomination
of one thousand (f 1,000) dollars each» and shall be payable in twenty
years from the date of issue.

Section 3. That for the purpose of paying the principal and interest
of such bonds, said councils are hereby authorized to and shall levy annu-
ally, upon all the taxable property in such cities, a tax sufficient in rate
and amount to pay interest on, and to provide a sinking fund for, the
payment of such bonds at maturity; said tax may be additional in rate
and amount to all other taxes authorized to be levied by such cities for
any and all other purposes.

Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 5, 1898. 97L

[House Bill No. 719.]

AN ACT

To authorize cities of the second grade of the second class to issue and sell levee
and storm-water sewer bonds.

[DAYTON.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of city affairs of any city of the second grade of the
second class, is hereby authorized to issue and sell the bonds of such
city in any sum not exceeding one hundred and fifty thousand (|150,000)
dollars, for the purpose of extending, constructing, straightening, height-
ening, improving and repairing levees and embankments either within or
without such city, upon and along the banks of rivers or streams flowing
through or by such city, to protect such city, its citizens and their prop-
erty from overflow and from damage by such rivers or streams, and for
the purpose of acquiring lands and materials therefor.

Section 2. That the board of city affairs of any city of the second
grade of the second class is hereby authorized and empowered to issue
and sell the bonds of such city, in any sum not exceeding fifty thousand
(150,000) dollars, for the purpose of constructing, extending and strength-
ening and reparing the outlets of such sewers, and for providing and plac-
ing in position in the outlets or mouths of storm-water sewers of such
cities, appliances, valves or gates, to prevent water from rivers or streams
flowing through such city, from entering storm-water sewers in times
of freshets.

Section 3. That the bonds provided in section 1 hereof shall be
entitled "levee bonds," and the bonds provided for in section 2. hereof.

526.

shall be entitled "storm-water sewer bonds." The bonds authoriz
by this act shall run for such length of time not exceeding" thirty (i
years, shall bear such rate of interest not exceeding five per cent, p
annum, payable semi-annually, as such board of city aflfairs shall det
mine, and interest coupons may be attached. Such bonds shall be sign
by the president of the board of city affairs, and by the city comptrol
of such city, and be sealed with his seal of office, and shall be in denor
nationis of one thousand (?1000) dollars each, shall bear upon their fs
a reference to this act, and shall be sold in the manner provided by I
for the sale of bonds of municipal corporations. Such board of c
affairs may borrow money, for the purposes aforesaid, in anticipati
of the sale of such bonds, at a rate of interest not exceeding six j
cent, per annum, and any money so borrowed shall be repaid from t
proceeds of such bonds -immediately after their sale.

Section 4. That for the purpose of paying the principal and inter
of any bonds which may be issued and sold under this act, the authorit
of such city are hereby authorized and empowered to levy and colh
each year upon the tax duplicate of such city, until all bonds that m
be issued hereunder are paid, a tax, not exceeding five-tenths of o
mill, on each dollar of valuation of taxable property in such city in aB
tion to all other taxes now or which may hereafter be authorized by n^

Section 5. This act shall take effect and be in force irom\i
after its passage. /

HARRY C. MASON,'
Speaker of the House of Representatir

ASAHEL W. JONES,
President of the Sena
Passed April 5, 1898. 98L

[Senate Bill No. 251.]

AN ACT

To authorize cities of the second grade of the first class to borrow money and is?
bonds to provide for the construction and repair of main sewers,

[CLEVELAND.]

Section 1. Be it ettacted by the General Assembly of the State of Oh
That cities of the second grade of the first class be and the same 2
hereby authorized, in addition to any sums heretofore authorized, to b(
row money in such sum or sums, and at such time or times as the coun
may deem best, not to exceed the sum of one million dollars, at a n
of interest not to exceed five (5) per centum per annum, payable sen
annually, for the purpose of constructing main sewers, (which desi
nation shall include trunk or intercepting sewers, so-called), and i
the purpose of providing a fund for the payment of that part of the c(
and expense of the construction of such main sewers as the council m
apportion to be paid by the city at large, in accordance with an act pass
April 16, 1889, 80 O. L., 143, entitled ''An act to provide for the cc
struction and repair of sewers in cities of the second grade of the fi
class," as amended April 16, 1896. Any such city is her^Dy authoriz
to issue its bonds, in addition to anv bonds heretofore authorized, r

527

to cixceed the sum of one million dollars, as the council may from time
to time direct, and payable at such time or times, not exceeding thirty
(30) years from their date, as the council may determine. Such bonds
shall in all other respects conform to the requirements of chapter 2,
division 9, title 12, of the Revised Statutes of the state of Ohio.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 5, 1898. 99L

[House Bill No. 732.]
AN ACT

Authorizing the issue of bonds, hy cities of the first grade of the first class, for the
relief of suffering caused by disaster by fiood.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the first grade of the first class the board of legislation
is hereby authorized to issue bonds, not exceeding twenty-five thousand
dollars (|25,000) in amount, the proceeds of the sale of which shall
be 2^[>plied to the relief of such persons, who may be bona fide residents
of such city, as shall be found to be suffering by need of shelter, food,
fuel or clothing on account of inundation of their places of abodei or
deprivation of their methods of earning same by means of inundation
or flood. Said bonds shall be signed by the mayor of such city and
attested by the auditor. They shall bear such rate of interest, not exceed-
ing four per cent, and be payable at such time as may be determined
by said board of legislation. They shall be secured by the pledge of the
faith of the city and a tax which it shall be the duty of the board of legis-
lation of such city to annually levy upon all the taxable property of
such city, and which shall be certified to the county auditor, uj¥)n a
certificate to that effect from the city auditor, as to the amount necessary,
to pay the interest thereon and provide a sinking fund for the final
redemption of said bonds. And said tax shall be in addition to that
now authorized by law.

Section 2. The mayor and auditor of such city shall receive bids
for said bonds, after advertising the same for sale once a week for four
consecutive weeks in some newspaper of general circulation published in
such city and shall sell the same for not less than the par value thereof,
with accrued interest, to the highest bidder. The money arising from the
sale of such bonds shall be placed in a fund to be called "relief fund."
A careful account of the condition of said fund shall be kept by the city
auditor of such city, and the same shall be used for no other purpose
ihan that herein designated.

Section 3. The board of l^slation of such city shall have power
to dispose, through such means as it may designate, of the relief, in form
of shelter, food, fuel, clothing or money among such sufferers by flood
or inundation.

528

Section 4. This
after its passage.

Passed April 5, 1898.

act shall take effect and be in force from ar

HARRY C. MASON,
Speaker of the House of Representatm

ASAHEL W. JONES,
President of the Senca
lOOL

[Senate Bill No. 325.]

AN ACT

Conferring authority upon certain county commissioners to increase or decrease t
number of election precincts in certain townships.

[HOWLAND TOWNSHIP, TRUMBULL COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Oh
That the board of county commissioners of any county which, by tl
last federal census, had no greater a population than 42,374, and no le
a population than 42,372, be, and it is hereby authorized and empo\
ered upon proof submitted^ to it, in public session, that it is ccmduci^
to public convenience and' welfare, reduce, or increase the number
election precincts in any township of said county, where the populatio
according to the federal census of 1890, was not greater than 772 ar
not less than 770.

. Section 2. This
after its passage.

Passed April 5, 1898.

act shall take effect and be in force from ar

HARRY C. MASON,
Speaker of the House of Representative
ASAHEL W. JONES,

President of the Senai
lOlL

[House Bill No. 454,]

• AN ACT

To authorize the commissioners of Monroe county, Ohio, to transfer certain func

Section 1. Be it enacted by the General Assembly of the State of Ohi
That the county commissioners of Monroe county, Ohio, are heret
authorized to transfer the sum of seven thousand (f 7,000) dollars froi
the building fund; three thousand (13,000) dollars from the special ros
fund; one thousand (|1,000) dollars from the dog tax fund; one thoi
sand (f 1,000) dollars from the election expense fund; and one thousar
(fl,000) dollars from the children's home fund. Said sums of mom
to be transferred to the expense fund of said county.

Section 2. This act to take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representative
ASAHEL W. JONES,

President of the Senai
Passed April 7. 1898. 102L

529

[House Bill No. 426.] . ^

AN Acr

To provide for the pajrment of expenses of the sheriff of Miami county.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 9 of an "Act relating to the duties and compensation of
certain county officers and their assistants in Miami county," passed April
21, 1896, page 567, O. L., be amended so as to read as follows:

Sec. 9. The sheriff shall be allowed to retain for his own use
whatever money he may receive und^ any contract with the county
commissioners for keeping and providing for prisoners in the county jail ;
but in making such contract the commissioners shall specify in general
terms, the manner in which the prisoners shall be kept and provided for,
and shall see that the terms of the contract are fully complied with,
and that the sheriff shall, at the end of each calendar month, file with
the commissioners of the county, an itemized statement of all moneys
by him and his deputies expended in and about the service and execution
of the writs and orders of the courts, which statements shall be sworn
to by him and approved by the county commissioners, and when so
approved, an order shall be drawn upon the treasurer, payable to the
sheriff for the sum by him and his deputies so expended.

Section 2. That section 9 of an act relating to the duties and
compensation of certain county officers and their assistants in Miami
county, passed April 21, 1896, page 567, O. L., be and the same is hereby
repealed.

Section 3. This act shall be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 7, 1898. 103L

[House Bill No. 301.]

AN ACT

To detach certain lands lying and being within the corporate limits of the city of
Lancaster, in Lancaster township, Fairfield county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That a part of the north half of section number seven (7), of range number
eighteen (18), in Lancaster township, Fairfield county, Ohio, and bounded
as follows: Beginning at a stone on the present corporation line at the
southwest comer of the T. H. White lands; thence north 18.11 chains;
thence west 3.00 chains; thence north 52^** west 2.33 chains to the east
line of the L. and H. railway company's land; thence north 11° west
8.61 chains to the tow-path of the Hocking valley canal; thence with
the said tow-path north 86'' east 37.65 chains; thence north 78^"^ east
1.00 chains to the line between the lands of T. H. White and A. Ever-
sole; thence with the said line south 22^° west 14.50 chains; thence south
19^® west 15.75 chains to the present south boundary line of the corpora-
34

530

tion of Lancaster, Ohio; thence west with said boundary 18.50 chains
the place of beginning; be and the same hereby is detached from t
township and city of Lancaster, and attached to the township of Ben
in said county of Fairfield, to which the same formerly belonged, ai
be made k part of said Berne township.

Section 2. This act shall take effect and be in force from ai
after its passage.

HARRY C. MASON,
Speaker of the House of Representative

ASAHEL W. JONES,
President of the Sena
Passed April 7, 1898. 104L

[House BiU No. 733.]

AN ACT

To authorize the council of the city of Chillicothe, Ohio, to levy additional tax
the purpose of erecting levees and to issue bonds in anticipation of the coll
tion of such tax.

Section 1. Be it enacted by the Gefieral Assembly of the State of Oh
That authority is hereby given to the city of Chillicothe, to erect a lev
or levees and piling along the Scioto river bank within the corpora
limits of said city, to protect the river front of said city from dama
by extraordinary floods, and in order to pay the expenses of erectii
such levee or levees, and piling, the city council of said city is authoriz
to levy upon the grand duplicate of all the property real and persor
therein a tax of not exceeding two-tenths of one mill, each year, for
period of not exceeding two years, in addition to the other taxes n(
authorized by law; and to issue bonds not exceeding the amount of ss
levies in anticipation of the collection of the same.

Section 2. This act shall take effect and be in force from a
after its passage.

HARRY C. MASON,
Speaker of the H»use of Representatk'

ASAHEL W. JONES,
President of the Sena
Passed April 7, 1898. 105L

[House Bill No. 448.]

AN ACT

To provide for the diversion or changing of a brook, stream, or non-navigable wal
course within cities of the second grade of the first class, and to provide a fu
make assessments, and raise a tax to pay the expense thereof.

[CLEVELAND.]

Section 1. Be it enacted by the General Assetnbly of the State of 01
That any city of the second grade of the first class be and it is here
authorized to divert or change the course of any brook, stream, or nc

631

navigable watercourse within such city which shall be found by the
council of such city to be dangerous to the inhabitants of such city, and
a menace to the public health; and it is further authorized and empow-
ered to construct pipes and drains through any of the streets or high-
ways of such city, for the purpose of cbnveying and carrying away and
disposing of the water and other accumulations from such brook, stream
or non-navigable watercourse.

Section 2. The council of any such city is hereby authorized and
empowered to apportion the cost and expense thereof equitably between
the property directly or indirectly benefited thereby and the city at large;
and is further authorized to assess that portion of the cost and expenses
apportioned to the property benefited directly or indirectly thereby on
the lands abutting, adjacent or contiguous to the channel of the brook,
stream, or non-navigable watercourse prior to its diversion or change,
and on the other benefited lots and lands in the corporation, either in
proportion to the benefits which will result from the improvement, or
according to the value of the property assessed, as the council by ordi-
nance designating the territory to be assessed may determine before the
improvement is made; and in the manner and subject to the restrictions
contained in sections 2263 and 2264a of the Revised Statute of Ohio. That
for the purpose of providing a fund for the payment of the part so appor-
tioned to be paid by the city at large of the expenses and obligations
that may be incurred in the exercise of the authority and power conferred
by this act, any such city is hereby authorized to borrow not to exceed
fifty thousand dollars (|50,000), at a rate of interest not to exceed five
(5) per cent, per annum, payable semi-annually, and to issue and sell its
bonds for the amount of such loan, in such denominations, and payable
at such time or times, not to exceed twenty (20) years from their date,
as the council may determine. Such bonds, except as provided in the
foregoing, shall, in all respects, conform to the requirements of chapter 2,
division 9, title 12, of the Revised Statutes of Ohio.

Section 3. For the purpose of paying the interest on said bonds
and to provide a fund for the payment of the principal of said bonds at
maturity, said council shall, in addition to the other levies authorized
by law, levy annually, a sufficient tax therefor on the property subject
to taxation in such city, and such taxes shall be levied and collected in
the same manner as other taxes.

Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Setiafe.
Passed April 7, 1898. 106L

532

[House Bill No. 413.]

AN ACT

To authorize the probate judge of Darke county, Ohio, to correct the marriage re
of Charles S. Allen and Phebe Allen, nee Thomas.

Whereas, One Charles S. Allen and Phebe Thomas were leg
married on the 21st day of December, A. D. 1845, by A. L. Nortl
a justice of the peac^ of said county and state, by authority of a lic(
duly issued by John Beers, then cl«:k of the common pleas cour
said county; and,

Whereas, Said license has become lost and the only record of
marriage is the following entry made upon the marriage record of
common pleas court, now in the probate court of said county, in w
J record the name of said Phebe Thomas appears as Larly Thomas,

< to wit: "Mr. Charles S. Allen and Larly Thomas were legally mar

^ ' on the 21st day of December, A. D. 1845, by A. L. Northup, J.

and said parties desire said record corrected ; therefore.

Section 1. Be it enacted by the General Assembly of the State of C
That the probate judge of Darke county, Ohio, be and he is hei
authorized, upon its being shown by testimony that a license had t
issued to said Charles S. Allen and Phebe Thomas and that said marr
record ought to be corrected to conform to the facts, to correct
record by striking out the word Larly and inserting in lieu thereof
word Phebe.

Section 2. This act shall take effect and be in force from
after its passage.

HARRY C. MASON,
Speaker of the House of RepresentaU
THADDEUS E. CROMLEY,
President pro tern, of the Set
Passed April 8, 1898. 107L

[House Bill No. 40.]

AN ACT

To authorize the commissioners of Pike county to build a certain road.

Section 1. Be it enacted by the General Assembly of the State of C
That the commissioners of Pike county hereby are authorized, whei
their judgment the best interest requires, and the resident landowi
along the route of road hereinafter named, shall secure to the count}
the rights of way, and all the earth, g^vel and stone, necessary to
construction of said road, free of costs and expense to the county, to (
struct a free turnpike, and for such purpose they are authorized to em]
at a reasonable compensation a competent engineer or superintendent
superintend the building of the same and along the following route:
ginning in the Latham and Sinkingsprings free turnpike at a point al
one mile west of the village of Byington, where the Sunfish road le;
said pike; thence running a westerly course with said Sunfish road
as near as practicable to a point a short distance west of the farm he

533

on land own^d by C. Leighton, M. D. ; thence running a northwesterly
course through the lands of C. Leighton, M. D., Nancy Foulk, Isaac
Foulk and Daniel Butler and as near the Sunfish creek as practicable
to the Highland county line.

Section 2. That for the purpose of building said road and to
obtain the money therefor, the commissioners shall have the right, when
they have determined to build said road, to issue the bonds of said county
and in such denominations as may be best, but not in denominations less
than one hundred dollars, payable at such dates and times as the com-
missioners may deem best, to bear interest at a rate not greater than
six per cent, and which bonds shall be sold according to law.

Section 3. That to pay said bonds and the interest thereon, as
the same may become due, said board of commissioners are hereby
authorized to levy a tax not to exceed one mill on the dollar, annually,
of [on] the taxable property of said county.

Section 4. That in performing the duties required of the commis-
sioners under this act, all duties not herein expressly set forth, shall be
governed by the general laws of the state regulating the building of
free turnpikes.

Section 5. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tent, of the Senate.
Passed April 8, 1898. 108L

[House Bill No. 407.]

AN ACT

To authorize the village council of the village of Freeport, Wood county, Ohio, to
increase the annual tax levy.

Section 1. Be it enacted by tlte General Assembly of the State of Ohio,
That the village council of the said village of Freeport, Wood county,
Ohio, be and is hereby authorized to levy a tax for the year 1898, and
annually thereafter, on all the taxable property within said village, not
exceeding four mills on the dollar, for each year, in addition to the levy
now authorized by law, the same to be collected as other taxes, for the
purposes of furnishing electric lights in and for said village of Freeport.

Section 2. That this act shall take effect on and after its passage.

HARRY C. MASON,
Speaker of the flotise of Representatives

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed April 8, 1898. 109L

534

' . [House Bill No. 534.]

AN ACT

To authorize the commissioners of Pickaway county, Ohio, to construct and ms
tain a foot walk in connection with the bridge across Deer creek in Picka>
county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Oh
That the county commissioners of Pickaway county, Ohio, be and th
are hereby authorized and empowered to construct and maintain a fc
walk in connection with the bridge across Deer creek near the villa
of Williamsport along the line of the Circleville and Washington ttu
pike.

Section 2, This act shall take effect and be in force from a
after its passage.

HARRY C. .MASON,
Speaker of the House of RepresentcUk
THADDEUS E. CROMLEY,
President pro tern, of the Senc
Passed April 8, 1898. IIOL

[House Bill No. 290.]

AN ACT

To authorize the commissioners of Adams county, Ohio, to construct a bridge, i
the approaches thereto, across Brush creek, between Greene and Mon
townships, and adjoining the termini of the Brush creek and Manches
turnpike, and the Brush creek and Rome turnpike.

Section 1. Be it enacted by the General Assembly of the State of Oh
That the county commissioners of Adams county, Ohio, be and tli
are hereby authorized and empowered to construct a bridge across 01
Brush creek, near its mouth, together with the necessary approacl
thereto, connecting the Rome and Brush creek, and WrightsviUe a
Brush creek free turnpike roads, provided the same can be done a1
reasonable cost

Section 2. For the purpose of raising money to defray the expen
of constructing such bridge with the necessary approaches thereto, s;
commissioners are hereby authorized and empowered to use so much
the Wilson worthy poor fund as may be necessary, not exceed!
|10,000, and to issue to said fund the bonds of said county beari
interest at the rate of not to exceed six per cent, per annum, and p<
able semi-annually, and said commissioners are further authorized a
empowered to levy a tax on all the property on the tax duplicate
said county to pay said obligations and interest as it accrues.

Section 3. This act shall take effect and be in force from a
after its passage.

HARRY C. MASON,
Speaker of the House of Representatii
THADDEUS E. CROMLEY,
President pro tern, of the Senc

Passed April 8, 1898. 11 IL

535

[House Bill No. 23«5.]

AN ACT

To provide an official stenographer for certain counties therein described.

[LORAIN COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in all counties having a popttlation of not less than 40,250, nor
more than 40,350, by the federal census of 1800, or which at any sub-
sequent federal census may have such population, the court of com-
mon pleas may appoint one official stenographer for such count>% who
shall hold such office for a term of three years from and after the date
of said appointment, and until a successor is appointed and qualified,
unless sooner removed by the coxirt of common pleas for neglect of duty,
misconduct or incompetency. Such official stenographer shall take an
oath to faithfully discharge the duties of said office, and shall receive a
salary not to exceed one thousand dollars per annum, to be fixed by
the court making the appointment, payable in equal monthly installments,
out of the county treasury, which salary shall be in lieu of all per diem
fees in the circuit court, court of common pleas and probate court; and
it shall be the duty of the auditor of such counties to issue warrants on
the treasurer for the payment of said salary- out of the general fund,
upon presentation to him of a certified copy of the journal entry of
the appointment of such official stenographer.

Section 2. It shall be the duty of such stenographer, unless the
same be waived by the parties and the court, to make or cause to be
made accurate stenographic notes of the testimony of the witnesses, the
charge of the court to the jury, the rulings of the court in the course
of the trial or hearing and all opinions rendered by the court, and all
such other oral proceedings as 'the court or the parties may direct. In
all cases or proceedings held or tried in the circuit court, court of com-
mon pleas or probate court, such stenographic notes so taken shall be
the property of the county, and shall be carefully preserved in the office
of such stenographer; provided that if the sessions of the above courts
at any time are holden on the same day, said stenographer shall' give
preference to the court of common pleas, unless excused by the judge
thereof. It shall also be the duty of such stenographer to make or cause
to be made, at the request of either party or his attorney, or the court,
an accurate transcript into longhand of the notes so taken in any case
or proceeding, or such portion thereof as may be requested, to be paid
for forthwith by the party ordering the same, but no such transcript of
the notes in longhand shall be paid for out of the treasury in any case,
unless such transcript shall be ordered by the judge or judges trying
the case, for his or their own use, and except in criminal cases when
requested by the prosecuting attorney, in which latter case, before said
transcript shall be paid for out of the county treasury, the bill therefor
shall be approved by the court before whom said case was heard or tried.
All such transcripts ordered by the judge or judges trying the case, and
by the prosecuting attorney in criminal cases, shall be paid for out of the
county treasury, and the clerk of the court shall certify the amount
of such transcript, which certificate shall be a sufficient voucher to the
auditor of the county, upon which he shall draw his warrant upon the

536

I county treasurer, and when so paid, such fees shall be taxed and collecte

as other costs in the case. Such stenographer shall without extra con
pensation also take down from the dictation of the judge such shorthan
notes as may be required by the judge in preparing opinions or chargi
to juries, and transcribe the same into longhand.

Section 3. Such stenographer shall receive, for makmg such trai
scripts of said notes in longhand, eight cents per folio of one hundre
words, and when more than one such transcript shall be ordered at tl
same time, the fee for making each additional transcript shall be on
third the fee allowed for the first copy, and when two or more transcrip
are so ordered by the parties, the total cost thereof shall be equally divide
between the parties so ordering them. And in every case where sue
stenographic notes are taken, there shall be taxed for each day's servici
of such stenographer a fee of four dollars, to be collected as other cos
in the case, and when so collected, to be paid quarterly into the treasui
of the county, by the clerk of the court.

Section 4. The commissioners shall provide said stenographer wii
an office in the court-house of the county, and shall also provide tl
necessary stationery for the* use of said stenographer, and such stei
ographer shall also have power to take and certify depositions in ar
of the courts of said state, and take and certify depositions in any oth(
county in actions pending in said counties, and may be appointed a refen
to take and report evidence in cases pending in any of the courts of th
state, and in taking such depositions or evidence shall have power t
swear witnesses, and shall receive the same fees for such services as oth(
officers authorized to take depositions in this state.

Section 5. This act shall take effect and be in force from an
after its passage.

HARRY C. MASON,
Speaker of the House of Represetitative

THADDEUS R CROMLEY,
President pro tern, of the Senat
Passed April 8, 1808. 112L

[Senate Bill No. 181.]

AN ACT

For the relief of William B. Hochstetler, treasurer of Tuscarawas county.

Whereas, On the 10th day of February, A. D. 1896, the City ban
of New Philadelphia, Tuscarawas county, Ohio, failed in a large sum an
made an assignment for the benefit of its creditors; and,

Whereas, William B. Hochstetler, treasurer of said county, an
as such treasurer, immediately prior thereto, delivered to said bank fc
collection certain drafts and checks which he had received for taxe
amounting to ?3,450.09: and,

Whereas, Said bank became insolvent, and made an assignmer
for the benefit of its creditors after having collected the said drafts an
checks and before the same were paid to said treasurer; that no pai
of the same ever came into the treasury of said county; therefore,

537

Section 1. - Be it etiacted by the General Assembly of the State of Ohio^
That the commissioners of Tuscarawas county are hereby authorized to-
settle with said William B. Hochstetler for all moneys belonging to the
county for county, school, road, bridge, building and all other purposes,
and to credit him with the amount of money aforesaid and discharge
him and his sureties for [from] all liabilities on account of any deficiency
caused by said insolvency and assignment.

Section 2. The several towTiship authorities, the authorities of
municipal corporations and boards of education within said county of
Tuscarawas, are hereby authorized in like manner to release and dis-
charge the said William B. Hochstetler and his sureties from all liability
on account of moneys so lost for the various township, corporation and
educational purposes.

Section 3. The assignee of said bank is hereby authorized and
directed to pay into the treasury of said county all dividends that may
hereafter be allowed in favor of his said claim from the assets of said
bank. And the said treasurer is hereby directed to pay into the treasury
of said county all funds obtained by him from collaterals now in his
hands received from said bank.

Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 12, 1898. 113L

[Senate Bill No. 301.]

AN ACT

To authorize the trustees of any township in Paulding county, Ohio, to levy a tax to
improve public highways in such townships, and to repeal an act passed April
24, 1896 (O. L., vol. 92, page 638).

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of any townships in Paulding county, Ohio, be and
are hereby authorized to levy and assess upon the taxable property of
the respective townships of said county, a tax not exceeding five mills
in one year, upon- the dollar valuation of the taxable property of such
townships in addition to other taxes authorized by law, for the purpose
of improving by macadamizing and graveling public highways in such
townships, as may be deemed expedient or necessary by the board of
trustees of such townships, and for no other purpose.

Section 2. That the taxes authorized to be levied shall be placed
by the county auditor upon the taxable property of the township and
collected by the county treasurer as other taxes, and when collected shall
be paid to the township treasurer of the township, from which the same
was collected, and be under control of the township trustees thereof,
for the purpose of improving by macadamizing and graveling the public
highways of such township.

538

Section 3. The board of trustees shall, upon the levy being mad(
<iesignate the road or roads to be improved, which shall be, first, th
main and leading road or roads of the township, for the constructio
of which the largest amount of gratuitous donation in hauling or cas
or both have been proposed by responsible public subscription. Th
board of trustees after having determined which road or roads are t^
be improved, shall examine such road or roads and ascertain if the pro
posed road or roads are sufficiently graded and drained, and if such b
not the case they may take to their assistance a competent surveyor o
engineer, whose duty it shall be to make, under the direction of th
board of trustees, a survey and level of the road or roads as selectee
fix the grade of the road or roads and the grade and capacit\' of th
drains on the sides thereof. The trustees shall cause to be constnicte*
all necessary culverts on such road or roads, fix the width of the gravelei
or macadamized track, not less than nine feet nor more than sixteei
feet, and the depth thereof not less than eight inches nor more thai
twelve inches in the center, and the slope from the center to the side:
The tnistees may consolidate the road district through which any sue]
proposed road improvement passes, and direct the supervisors of sucl
road district to work the two days' labor in such district, in hauling th
material, such as crushed stone or gravel upon such road. The work c
hauling the material upon the road in such road district shall be unde
the supervision of the supervisor of such district, but be performed ii
such manner as shall be prescribed by the trustees.

Section 4. A majority of the board of trustees shall be necessar
to order the said road improvement, and the work of the constructioi
and the furnishing of the material for such road improvement shall h
publicly let, excepting such work as may be done by the supervisor
of the road district as herein provided. The contracts for material to b
used in the construction of said road improvement and the contract
ior hauling said material upon the roads shall be let separately.

Section 5. The trustees after having given public notice of th
time and place of such letting, for at least two weeks, in a newspape
of general circulation in the township or county, or by hand bills, o
both, at the discretion of the board of trustees, specifying the kind an(
quality of the material, and the part of the road upon which the same i
to be used, shall let the same to the lowest bidder, who shall give bont
to the acceptance of the trustees. The bids for the material and for thi
work of hauling the same shall be separately stated, and the trustees ma;
reject any or all bids. The trustees shall examine and accept the worl
when completed, and ascertain the amount of material furnished unde
the provisions of this act, and if found in all respects correct, shall drav
an order for the amount due for work, or for material furnished, upoi
the township treasurer, which shall be countersigned by the townshij
clerk.

Section 6. The board of trustees may appoint one of their number
or some other suitable person, who shall oversee the work, and fo
services rendered under the provisions of this act, they shall be entitler
to receive, for each day actually employed, the sum of one dollar anf
fifty cents per day, and the trustees shall provide for the township clerl
a suitable book in which there shall be kept a complete record of tl <
business transacted under the provisions of this act, and it is hereby

539

made his duty to keep a full and complete record of the action of the
board of trustees, under this act, and the township clerk, for making
said record, shall be entitled to receive ten cents per hundred words,
and for all other services, such reasonable compensation as may be
allowed by the board of trustees.

Section 7. The fees of the township officers, the engineer, and the
person who may be appointed by the board of trustees under the pro-
visions of this act, shall be paid out of the township road fund. But
before any payments shall be made for services rendered under the pro-
visions of this act, the person entitled thereto shall make out and file
with the township clerk an itemized account of his services, whereupon
the trustees shall, if they' find the same correct, draw an order on the
township treasurer, countersigned by the township clerk.

Section 8. The roads graveled or macadamized under the pro-
visions of this act shall be free to the public travel and shall be kept
in repair by the trustees, out of the funds that come into the township
treasury from the county treasurer, as provided for in section one thou-
sand four hundred and fifty-nine (1459) of the Revised Statutes of Ohio.

Section 9. This act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 12, 189S. 114L

[House Bin No. 430.]

AN ACT

To create a special school district in German township, Montgomery county, Ohio

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the following territory in German township, Montgomery county,
Ohio, be and the same is hereby created and declared to be a special
school district, to be known as the "Swartzel special school district,"
to wit: Beginning at the northeast comer of land owned by Geo. Shupert
in center of the township line road; thence south on said township line
to the Warren county line, then west on Warren county line to Twin
creek, then following the course of Twin creek to the Germantown special
school district line, then following the said Germantown special school
district to the lower Miamisburg road; thence east on said lower Mia-
misburg road to place of beginning, except the tract of thirty-three acres
owned by Jacob Bruner, and tract of thirty-one acres, known as the
Coleman farm, both of said tracts lying just south of lower' Miamisburg
road.

Section 2. The board of present district shall constitute the board
of education of said special district until their successors are elected and
qualified, said election to take place within twenty (20) days after the
passage of this act.

Section 3. The said special school district shall be entitled to all
the school property in said district, and the said special school district

540

shall be entitled to and shall receive its proportionate share of the school
and school-house funds and the funds levied for incidental expenses
in accordance with the enumeration of 1897 of children entitled to attend
schools, said funds being those now collected, or already levied and not
collected, either in the county or township treasury, such proportionate
share to be ascertained and fixed by the auditor of Montgomery count}'.

Section 4. Said special school district shall be governed in all
respects by such laws as are now or may hereafter be in force relating
to special school districts.

Section 5. This act shall take effect and be in force from and
after its passage, but all existing contracts pertaining to the school now
in session in said district shall be executed according to terms thereof.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONKS,

President of the Senate.
Passed April 13, 1898. 115L

[House Bill No. 404.]

AN ACT

Amending an act " To authorize the trustees of Pike township, Stark county, Ohio,
to receive the title of Ashbury cemetery therein, and to manage and control the
same by donations therefor," passed April 11, 1893.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of the township of Pike, in the county of Stark and
state of Ohio, be, and they hereby are authorized, empowered and
required to receive the title of a certain cemetery therein, commonly
known as Ashbury cemetery, being a part of the northwest quarter of
section sixteen (16), range eight (8), township ten (10), beginning at
the northeast corner of said quarter section; thence west twelve (12)
rods; thence south eight (8) rods; thence east twelve (12) rods; thence
north eight (8) rods to the place of beginning, and containing ninety-
six one hundred and sixtieths (96-160) of an acre ; and to manage and
control the same as a public cemetery of said township.

Section 2. That said trustees be also authorized, empowered and
required to receive donations therefor, and to invest and reinvest the
same as a perpetual fund, and to apply the proceeds thereof toward the
maintenance and repair of such cemetery.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1808. 116L

541

[House Bill No. 452.]

AN ACT

To authorize the commissioners of Miami county, Ohio, to pay to Edwin M. Wilbee,
ex-sherifF of said county, certain expenses therein named.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Miami county, Ohio, are hereby authorized
to pay to Edwin M. Wilbee, ex-sheriff of said county, out of the county
fund of said county, the sum of two hundred and seventy-seven dollars
and ten cents; said sum being the amount expended by said Edwin M.
Wilbee, in subpoening witnesses for the state of Ohio, in the Miami county,
Ohio, courts, in conveying prisoners to and from the hospital for the
insane at Dayton, Ohio, to and from the Dayton, Ohio, workhouse, to
the penitentiary at Columbus, Ohio, to the Ohio reformatory at Mans-
field, Ohio, and to the industrial home at Lancaster, Ohio.

Section 2. The said Edwin M. Wilbee shall, before any payment
shall be made to him, file with the commissioners of said county, a duly
verified statement of all and the several items of expenditure constituting
said amount set forth in the first section of this act.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES.

President of the Senate.
Passed April 13, 1898. 117L

[House Bin No. 252.]

AN ACT

To transfer the control of the joint sub-school district No. 9, composed of Wayne,
Patterson and York townships to the Wayne township school board.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the control of the joint sub-school district No. 9, composed of
Wayne, Patterson and York townships, located in Darke county, Ohio,
and described as follows : Commencing at the northwest corner of sec-
tion number thirty-five (35) in township number twelve (12) of range
number three (3) east in Patterson township, Darke county, Ohio; thence
east on section line between sections thirty-five and twenty-six, said
township to the northeast comer of the northwest quarter of said section
thirty-five (35); thence south on the half section line to the center of
said section thirty-five (35); thence east on the half section line to the
northeast corner of the southeast quarter of said section thirty-five (35) ;
thence south on the public road to the southeast corner of the northeast
quarter of section two (2) town eleven (11) of range three (3) East Wayne
township; thence west on half section line, through said section two (2)
and to the center of section three (3) town eleven (11) of range three
(3) East York township; thence north on the half section line to the
northeast comer of the northwest quarter of said section (3); thence

542

west to the southwest corner of the east half of the southwest quarter
of section thirty-four (34) town twelve (12) of range three (3) east ; thence
north to the northwest corner of said half quarter; thence east to the
southwest corner of the east half (i) of the northeast quarter of said
section thirty-four (34); thence north to the north line of said section
thirty-four (34) ; thence east on the public road to the place of beginning,
be and is hereby transferred to the Wayne township school board.

Section 2. This act shall take effect and be in force on and after
September 1, 1898.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 118L

[House Bill No. 562.]

AN ACT

For the relief of Neri Chaney, treasurer of Salem township, Highland county, Ohio.

Whereas, Neri Chaney was, at the April election, A. D. 1895, duly
elected township treasurer of the township of Salem, Highland county,
Ohio, and also became treasurer of the board of education of said town-
ship; and,

Whereas, As such treasurer, he in good faith deposited certain of
the funds of said board of education in the First National bank of Hills-
boro, Ohio, and said First National bank did, on the 16th day of July,
A. D. 1896, fail and suspend payment; and,

Whereas, The receiver of said bank Has paid upon the amount
of said school funds so deposited in said bank, and being at the time
of its failure the sum of five hundred and nine dollars and thirty-six cents
(1509.36), a dividend of fifty per cent., to wit: the sum of two hundred
and fifty-four dollars and sixty eight cents (|254.68) has been paid; and,

Whereas, Said receiver will be able to pay only a small portion
of said balance of two hundred and fifty-four dollars and sixty-eight cents
(1254.68), and therefore leaving the one-half thereof uncollectable, for
which said Neri Chaney and the sureties on his official bond are liable;
and^

Whereas, A large number of the resident taxpayers of said township
have petitioned this general assembly for the relief of said Neri Chaney
and his sureties; therefore.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the township trustees and board of education of Salem township,
Highland county, Ohio, be and they are hereby authorized and empow-
ered by suitable resolution to release said Neri Chaney and the sureties
on his official bond from the payment of any balance remaining unpaid
of said money so deposited by him as treasurer as aforesaid in said First
National bank of Hillsboro, Ohio, after payment in full of all dividends
thereon collectable from the receiver of said bank; provided, however,

543

that before the said release shall take effect, the same shall be submitted
to a vote of the qualified voters of said township and if a majority thereof
shall vote for said release, then the same shall be binding-.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 13, 1898. 119L

[House Bill No, 424.]

AN ACT

To amend an act entitled "An act to establish a separate election precinct in Wash-
ington township, Holmes county, Ohio," passed April 27, 1896.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the following territory situate in Washington township, Holmes
county, Ohio, be and is hereby declared to be a separate election pre-
cinct, to wit: East half of section 11, sections 12, 13 and 14 of town-
ship 19, range 15.

Section 2. That an act passed April 27, 1896 (92 O. L., page 752),.
be and the same is hereby repealed, and this act shall take effect and
be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of tJxe Senate.
Passed April 19, 1898. 120L

[House Bin No. 521.]

AN ACT

To transfer funds.

Section 1. Be it ettacted by the General Assembly of the State of Ohio,,
That the trustees of Middleburgh township, Cuyahoga county, Ohio,,
be and are hereby Authorized and empowered to transfer from the town-
ship poor fund the sum of |2,000 to the school fund of said township,
after which any amount remaining in said township poor fund, or which
shall hereafter accrue, in excess of |2,000, shall be transferred to a special
fund called "the township improved road fund" and when said "town-
ship improved road fund" shall contain not less than two thousand dol-
lars, then the township trustees of Middleburgh township may use such
fund for the construction of macadam or other equally good roads in
said township.

544

Section 2. This act shall take effect and be in force from anc
^fter its passage.

HARRY C. MASON,
Speaker of the House of Representatives

ASAHEL W. JONES,

President of the Senati
Passed April 19, 1898. 121L

[House Bill No. 387.]

AN ACT

"To authorize the commissioners of Allen county to levy a tax to purchase lands fc
a cemetery, and place the same in proper condition for the burial of decease
union soldiers and sailors.

Section 1. Be it enacted by the General Assembly of the State of Ohu
That the board of county commissioners of Allen county, Ohio, be, an<
are authorized to levy a tax on the taxable property of said county ii
the aggregate sum of fifteen hundred dollars (fl,500), for the purpos
and to be used in purchasing lands, laying out the same and putting
in proper condition for cemetery putposes, to be used exclusively a;
.a burial place for deceased ex-union soldiers and sailors, and to be locate(
within two miles of the city of Lima, Allen county, Ohio.

Section 2. This act shall take effect and be in force from anc
-after its passage.

HARRY C. MASON,
Speaker of the Home of Representatives

ASAHEL W. JONES,

President of the Senate
Passed April 19, 1898. 122L

[House Bill No. 507.]

AN ACT

To authorize the commissioners of Coshocton county, Ohio, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio
That the county commissioners of the county of Coshocton, and stat<
of Ohio, be and are hereby authorized to transfer two thousand fiv(
hundred (f2,500) dollars from the poor fund to the county fund.

Section 2. That this act shall take effect and l5e in force from an(
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives

ASAHEL W. JONES,

President of the Senate
Passed April 19, 1898. 123L

545

[House Bill No. 445.]

AN ACT

To authorize cities of the second class, third grade a, [to issue bonds for the] pur-
poses herein specified.

[SPRINGFIELD.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the council of any city of the second class, third grade a, be and
it is hereby authorized and empowered, upon the application of the board
of police a«d fire commissioners of such city, to issue, from time to time,
bonds of such city, designated ''police department bonds," not exceed-
ing in the aggregate twenty thousand (^20,000) dollars, for the pur-
pose of purchasing such real estate as may be necessary and erecting
and equipfMng a city prison, patrol house and workhouse.

Section 2. Such bonds shall be in such denominations, run for
such length of time, not exceeding twenty (20) years, and bear such
rate of interest not exceeding five (5) per cent, per annum, payable
semi-annually as such council may by ordinance determine; they shall
be signed by the mayor and the city clerk of such city, and sealed with the
seal of the corporation, and shall be advertised and sold in the manner
provided by law for the sale of municipal bonds, and the entire pro-
ceeds arising from the sales thereof shall be applied exclusively for the
purposes for which such bonds are issued.

Sectio-n 3. The council of any such city is hereby authorized and
directed to levy and collect, from time to time, upon all taxable prop-
erty of such city a tax sufficient in amount to pay the principal and
interest of any bonds which may be issued under the authority of this act.
Said tax to be levied and collected in the manner of levyjng and col-
lecting other taxes in the corporation.

Section 4. Before said bonds shall be issued or the tax levied for
the payment thereof, the proposition to issue said bonds and levy said
tax shall be submitted by the city council of any such city to the electors
of any such city at the first general election held subsequent to the passage
of this act, after giving ten (10) days' notice by publication in two papers
of general circulation in any such city, and if a majority of the electors
of any such city, voting on said proposition, shall declare in favor of
the issuing of said bonds and the levying of said tax, then and not
otherwise the city council of any such city shall issue and sell said bonds
and levy said tax for the payment thereof. The ballots for said election
shall have printed thereon the words, "For issuing bonds and levying
tax" and "Against issuing bonds and levying tax."

Section 5. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 124L

546
[House Bill No. 411.J

AN ACT

To authorize cities of the second grade of the first class to issue bonds for the pu
pose of widening, deepening, enlarging, straightening and improving at
navigable watercourse ; and for the purpose of establishing, constructing ai
repairing landing-places, wharves, docks and piers, within such cit}*.

[CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohu
That any city of the second grade of the first class in the state of Ohi<
be and it is hereby authorized to borrow money in addition to any loan
heretofore authorized, in such sum or sums, and at such time or time;
as the council shall deem best, not to exceed the sum of one millio
dollars (f 1,000,000), at a rate of interest not to exceed five (5) per centui
per annum, payable semi-annually, for the piu-pose of widening, deeper
ing, enlarging, straightening and improving any navigable watercourse
and for the purpose of establishing, constructing and repairing landing
places, wharves, docks ai^d piers within such city as the council ma
direct. For the purpose of efiF^cting such loan, and providing a fun
for the purpose aforesaid, any such city is hereby authorized to issu
its bonds in such denominations, payable at such time or times and fo
such amount or amounts, not exceeding the sum of one million doUai
(f 1,000,000), as the council may from time to time direct. Said bond
except as indicated in the foregoing, shall in all other respects confon
to the requirements of chapter 2, division 9, title 12, of the Revise
Statutes (A the state of Ohio.

Section 2. This act shall take effect and be in force from an
after its passage.

HARRY C. MASON,
Speaker of the House of Representative,
ASAHEL W. JONES,

President of the SenaU

Passed April 19, 1898. 125L

[House Bill No. 361.]

AN ACT

To authorize the board of education of Jackson township, Vinton county, Ohio, i
levy an additional tax for the purpose of maintaining the schools of sai
township.

Section 1. Be it enacted by the General Assembly of the State of Ohu
That the board of education of Jackson township school district, Vir
ton county, Ohio, be and the same are hereby authorized and empow
ered to levy an additional tax for the years 1898, 1899, 1900, 1901 an
1902, on all the taxable property within said school district not to excee
two (2) mills on the dollar for each year, in addition to the levy no^
authorized by law, the same to be collected as other taxes, for the pui
pose of supporting and maintaining the schools in said district, an
also for the payment of the present indebtedness as the said board i
their discretion may direct.

547

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 19, 1898. 126L

[House Bill No. 830.]

AN ACT

To authorize the commissioners of Trumbull county, Ohio, to transfer funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of commissioners of Trumbull county, Ohio, be and
hereby are authorized to transfer (f 9,000) nine thousand dollars from the
poor fund of Trumbull county, Ohio, to the general fund of said county.

Section 2. This act shall take effect on and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 127L

[House BiU No. 356.]

AN ACT

To authorize the county commissioners of Champaign county, Ohio, to transfer

funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Champaign county be and they are hereby
authorized to transfer the following funds: Two thousand (f 2,000) dol-
lars to the bridge fund from the election fund, two thousand (f2,000)
dollars to the county fund from the election fund, four thousand (f 4,000)
dollars to the county fund from the building fund, two thousand (f 2,000)
dollars to the infirmary fund from the building fund.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 128L

548

[House Bill No. 734.]

AN ACT

To authorize the county commissioners of Wood county to issue and sell bonds to

build bridges.

Whereas, A number of bridges across ditches and streams in Wood
county, Ohio, have been injured or carried away by the recent high
waters; and,

Whereas, The bridge fund of said county is wholly inadequate
to repair or rebuild said bridges; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of county commissioners of Wood county, Ohio, be
and said bdard is hereby authorized and empowered to issue and sell
bonds, not to exceed in amount twenty thousand dollars to draw interest
at a rate of not to exceed six per cent, per annum, payable semi-annually,
and all money derived from the sale of said bonds shall be placed in
the bridge fund of said county, and be used for the repair or building
of bridges therein.

Section 2. The sale of, and the levying of taxes to pay said bonds,
shall be governed by the general statutes relating to said subjects.

Section 3. This act shall take efiFect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 129L

[House Bill No. 593.]

. AN ACT

To provide forTthe expenditure and appropriation of the income arising from the
railroad bonds owned by Cadiz township of Harrison county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the income annually arising from the interest or income of the
railroad bonds owned by Cadiz township of Harrison county, Ohio, be
by the trustees of said Cadiz township appropriated and expended for
the use of such fund or funds of said township as will, in their opinion,
be for the best interest of the township.

Section 2. This act shall take effect and be in force on and
after its passage.

HARRY C. MASON,
Speaker of the Home of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 130L

649

[House Bill No. 442.]

AN ACT

To amend an act entitled "An act to authorize the board of education of the
Edgerton school district, *WilliamS county, Ohio, to levy an additional tax,"
passed February 21, 1894 (91 O. L., 484).

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the act cntitfed "An act to authorize the board of education of the
Edgerton school district, Williams county, Ohio, to levy an additional
tax," passed February 21, 1894 (91 O. L., 484), be amended so as to
read as follows:

Section 2. The board of education of the Edgerton school district,
Williams county, Ohio, be and they are hereby authorized to levy an-
nually for a period of not more than five (5) years, in addition to that
already allowed by law, a tax of not more than four (4) mills on each
dollar of the assessed value of the taxable property of said Edgerton
school district for the support and maintenance of the public schools
thereof.

Section 3. Said original act passed February 21, 1894, is hereby
repealed, and this act shall take effect and be in force from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1898. 131L

[Senate Bill No. 380.]

AN ACT

To authorize cities of the second grade of the first class to secure the necessary
land, and to borrow money therefor, and for the purpose of building and
erecting thereon a city hall, and the furnishing of the same.

[CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in any city of the second grade of the first class, the council of
such city may, by ordinance, declare the necessity for the erection, com-
pletion and furnishing of a new city hall for any such city, to be used
for the public offices of the corporation, and such other public purposes
as the council may authorize; thereupon there shall be a board of five
commissioners, composed of five (5) citizens of such city, to be appointed
by the mayor, and approved by the council, not more than three of
whom shall be from the same political party, whose duty it shall be to
secure the necessary land, by purchase or appropriation, as a location
and site for the erection of such city hall, and to erect, build, complete
and furnish such new city hall in such city; and upon the appointment
as aforesaid of said commissioners, all power to procure such site or
location, either by appropriation or purchase, as said commissioners shall
deem best, and to erect, build, complete and furnish a city hall for such

^ 550

city, shall devolve upon, vest in, and be exercised by said board, and
in exercising such power and carrying out the object of their appoint-
ment, said board shall be governed by the following provisions.

Section 2. Said board shall be known as the board of city hall com-
missioners, and they shall receive their necessary expenses in attending
to their duties, which shall be paid out of the fund hereinafter created,
for the purpose of carrying out the provisions of this act. Said board
shall serve until the building and furnishing of such city hall is com-
pleted, but not to exceed five (5) years from the dale of their appoint-
ment; provided, the mayor, with the approval of the council, may remove
any of said commissioners for misconduct in office, and the vacancy
thereby created shall be filled in the same manner and from the same
political party as the original appointment, and all vacancies in the office
of commissioner shall be filled in the same manner from the same polit-
ical party as the original appointment.

Section 3. Said commissioners shall select from their number a
president, and shall hold regular meetings at such time and places as
they may agree upon, and special meetings under such regulations as
they may determine, and shall cause to be Jcept a full record of their
proceedings.

Section 4. Said commissioners shall have power to appoint a clerk,
architect, superintendent and other necessary employes, fix their com-
pensation and adopt a suitable plan Snd design for such city hall, and
make all contracts for the procuring of the necessary site, and for erect-
ing, completing and furnishing such city hall; and no contract which
they enter into, or alteration or modification thereof shall be valid until
assented to at a regular or special meeting and concurred in by a majorit\'
of all the members thereof, and such assent entered on the minutes of
the proceedings. And it shall be the duty of such commissioners in
securing the most suitable plans together with the specifications and
estimates for such city hall, to advertise for not less than three (3) con-
secutive weeks in such newspapers as they may deem proper, in and
of general circulation in such city, for plans, specifications and estimates
of such city hall; said plans, specifications and estimates to be presented
within such time after such advertisement as the board may direct; and
shall allow full and fair competition among all architects who shall desire
to submit plans, specifications and estimates for such city hall.

Section 5. Said board of commissioners shall have power to appro-
priate, enter upon and condemn for public use, by any such city, for
city hall purposes, any private property within such city, and when such
board shall determine to appropriate property for such use a resolution
to that effect shall be passed by the board and entered upon its minutes,
declaring the intention to appropriate such property and the necessity
therefor, with a pertinent description of the property to be appropriated,
which resolution shall be certified to the corporation counsel of such
city, whose duty it shall then be to apply, in writing, in the name of
such city, to any court of competent jurisdiction for the impaneling of a
jury to assess the compensation to be allowed the owner or owners of
property sought to be appropriated, in the manner now provided by
law for the impaneling of juries to assess the compensation to be allo^^*ed
the owners of property appropriated by municipal corporations for other
purposes; and such appropriation proceedings shall in all other respects

551

be governed by the laws now in force governing the appropriation of
private property by municipal cofporations for public purposes.

Section 6. No money shall be expended on accolmt of such city
hall unless first authorized by such commissioners, and upon warrants
signed by their president and clerk, drawn upon the director of accounts
of such city, to be paid by the treasurer of such city upon the warrant
of such director, out of the fund hereinafter provided; and no commis-
sioner or person holding appointment from said board, nor any officer
' or employe of the city, shall be interested, either directly or indirectly,
in any contract concerning such city hall or the material or site therefor.

Section 7. Such commissioners before entering into any contract
for such city hall shall cause plans and specifications, details, drawings,
and forms of bids to be prepared, and when adopted by them, they may,
in their discretion, cause the plans and drawings to be lithographed, and
the specifications and forms of bids, contracts and bonds to be prepared,
and have the same printed for distribution among the bidders.

Section 8. All contracts shall be made in writing, in the name of
such city, and signed by the president and clerk of said board, and by
the contractor, and be approved by the corporation counsel. When it
becomes necessary, in the opinion of said board, in the prosecution of
the work, to make alterations or modifications in the contract, such
alterations or modifications shall only be made by order of the board,
and such order shall be of no effect until the price to be paid for the
\\x>rk, or materials, under such altered or modified contract has been
agreed upon in writing, and signed by the contractor and the president
of said board.

Section 9. Said board shall not enter into any contract for work
in the erection and completion of such city hall, without first causing
fifteen (15) days' notice to be given in one or more newspapers, of gen-
eral circulation, in such city, for sealed proposals for doing the work
and furnishing the materials therefor; provided, that said board shall
not be required to advertise for bids for making and printing the draw-
ings, specifications and forms of bids, contracts and bonds.

Section 10. All bids shall be enclosed in a sealed envelope and
deposited with the clerk of said board; and such sealed envelope shall
have indorsed thereon the nature of the same, and the name of the bidder;
and all bids shall be opened at a regular meeting of the board, and at
an hour to be indicated in said notice. Each bi^ shall be accompanied
with a bond, signed with sufficient sureties, for the acceptance and exe-
cution of the contract, and the securing of the same if awarded by the
board; or the bidder may deposit with the board, in lieu oT such bond,
a certified check, or cash, in such sum as the board shall indicate; and
in case of refusal of the bidder to enter into a contract in accordance
with his bid, and furnish the security therein required, within such rea-
sonable time as the board may determine, said bond shall be put in suit
and the amount collected, paid into the fund hereinafter provided for;
if a check, or cash, is deposited the amount shall immediately be paid
into such fund.

Section 11. Said board shall enter into contract with the lowest
and best bidder, upon his giving bond to such city with such sureties
as the board shall approve that he will perform the work and furnish
the materials in accordance with his contract, and that the sureties agree

552

in advance to such modifications and alterations as may be made
the board and the contractor, within the limits of the penal sum mt
tioned in the bond; and on failure of such Wdder, within a reasonal
time to be fixed by the board, to enter into bond with the sureties befc
provided, a contract may be made with the next lowest and best bidd
and so on, until a contract is effected with a contractor giving^ bo
as aforesaid; provided, that the board may let the work in whole
in parts, and may receive bids for labor and material separately, as th
may deem best, and may reject any and all bids.

Section 12. To provide a fund to pay the cost and expense
procuring the necessary land as a location for, and the erection, co:
pletion and furnishing of such city hall, under the provisions oi this a
the council of any such city may and it is hereby authorized to iss
and sell the bonds of such city to an amount not to exceed in the aggi
gate one million five hundred thousand dollars (f 1,500,000) for proci
ing such land and erecting, completing and furnishing such city he
Said bonds shall be issued and made payable at such time or times a
shall bear interest at such rate not to exceed four per cent, per annu
payable semi-annually, as the council of such city shall determine; sj
bonds, except as provided in the foregoing, shall in all respects confoi
to the requirements of chapter 2, division 9, title 12 of the Revised St
utes of Ohio, and section 2702 of the Revised Statutes of Ohio, a
section 73 of an act passed March 16, 1891, entitled "An act to provi
a more efficient government for cities of the second grade of the ti
class," and any other laws now in force relating to the certificate
the city auditor, or to the fact that money is in the treasury, shall r
apply to contracts made under this act, and the provisions of secti
2704 of the Revised Statutes of the state of Ohio, as amended Aoril :
1896 (92 O. L., 286), relating to the limit of the aggregate debt of cit
of the second grade of the first class shall not apply to this act.

Section 13. For the purpose of paying the interest on said bom
and for the further purpose of providing a fund for the payment of su
bonds at maturity, the council of such city may use and apply any mon
received by such city from any gas company or electric light compa
under any agreement heretofore or hereafter made; and for the purpc
of providing such further sum as may be necessary to pay the inten
on such bonds and the principal of the same at maturity, the coun
shall, in addition to the other levies authorized by la\v, levy annually
sufficient tax therefor on all property of such city subject to taxatic
and such taxes shall be levied and collected as other taxes.

Section 14. This act shall take effect and be in force from a
after its passage.

HARRY C. MASON.
Speaker of the House of Represeiitatk

ASAHEL W. JONES.
President of the Sena
Passed April 19, 1808. 132L

533

[Senate Bill No. 279.]

AN ACT

To authorize the board of education of certain villages or cities to increase the levy
for the maintenance of schools.

[NIJUES.]

Section 1. Be it tnacted by the General Assetnbly of the State of Ohio,
That the board of education of any village, or city, having at the last
federal census npt less than four thousand two hundred and eighty
(4280) and not -more than four thousand three hundred (4300) inhabit-
ants, is hereby authorized to levy a tax, for the years 1898 and 1899,
on all the taxable property within said school district, not exceeding
two (2) mills on the dollar, for each year, in addition to the levy now
authorized by law, for the purpose of supporting and continuing the
schools in said school district, the same to be collected as other taxes.
Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker df the House of Representatives,
A. W. JONES,

President of the Senate.
Passed April 19, 1898. 134L

[Senate Bill No. 253.]

AN ACT

To authorize the board of education of Toledo, Lucas county, Ohio, to pay Miss
Clara M. Johnson, a teacher in the Segur school of said city, the sum of $60
salarj-; to pay Miss Charlotte L. Boddy, a teacher in the North Toledo school
of said city, the sum of |55 salary, and to pay Mrs. Sallie Bontfield, a teacher in
the Birmingham school of said city, the siini of $60 salary, due for services
rendered during the month of September, 1897.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of the city of Toledo, Lucas county, Ohio,
through the president and secretary of said board, are hereby authorized
and directed to draw their warrant or order upon the treasurer of said ,
board in favor of Clara M. Johnson, for the sum of f60, the amount
due said Clara M. Johnson, for services as teacher in the Segur school
of said city of Toledo, during the month of September, A, D. 1897; to
draw their warrant or order upon the treasurer of said board in favor
of Charlotte L. Boddy for the sum of $55, the amount due said Charlotte
L. Boddy, for services as teacher in the North Toledo schools of said
city, and to draw their warrant or order upon the treasurer of said
board in favor of Mrs. Sallie Bonifield for the sum of f60, the amount
due said Sallie Bonifield, for services as teacher in the Birmingham
school of said city for the same month ; and that the treasurer of said board
of education is hereby authorized and directed to honor said warrants
or orders and pay to said persons the amount of the same out of any
funds in his hands that may be applicable to the payment of teachers
for their services in ss^id citv of Toledo.

554

Section 2. « This act shall take effect and be in force from an
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives
ASAHEL W. JONES,

President of the Senaii
Passed April 19, 1898. 135L

[Senate Bill No. 316.]

AN ACT

To authorize the county commissioners of Cuyahoga county to issue the bonds c
said county for certain purposes therein named, and to levy a tax for tl
redemption therefor.

Section 1. Be it enacted by the General Assembly of the State of Ohu
That the county commissioners of Cuyahoga county, Ohio, be and the
are hereby authorized to construct a new bridge and approaches theret
across Euclid creek in the village of Euclid. Before constructing sai
bridge they shall straighten the said Euclid road so that the center lin
of that section or portion west of the Highland road shall be produce
easterly from the point of intersection of the said Highland road wit
the said Euclid road so that there will be no angle at or near the sai
Highland road. And, provided further, that said commissioners ar
authorized to acquire land or pay damages to the owners thereof, s
as to straighten the said Euclid creek in such a manner that it sha
cross the said Euclid road substantially at right angles, and they ar
authorized and required to so straighten said channel after acquirin
the land as aforesaid. And the bridge herein provided for shall be c
sufficient height so that there shall be no depression in the roadwa
leading from the village west.

Section 2. For the purpose of providing the funds necessary fc
building said bridge, said commissioners are hereby authorized to issu
the bonds of Cuyahoga county for an amount not exceeding thirty thov
sand (^30,000) dollars, which said bpnds may be made payable at an
lime not to exceed ten (10) years from the date of issue thereof, an
shall bear interest at the rate not to exceed five (5) per cent, per annun
payable semi-annually. Said bonds may be issued from time to tim*
and in such amount as the progress of the work, or. the convenience (
said commissioners may require, and shall have written or printed upo
them the date of the law under which they are issued, and the word
'*Euclid creek bridge," and shall not be sold or negotiated for less tha
par; and the proceeds shall not be applied to any other purpose tha
the payment of the cost and expense of the work and improvement hen
inbefore provided, and to pay the interest on said bonds as the sair
shall accrue.

Section 3. The commissioners of Cuyahoga county are hereb
authorized and required to levy a tax on all the taxable property i
said county, in addition to all other taxes authorized by law. in sue
amounts as \\ill be necessary to meet the payments of said bonds an
interest, as they shall become due; which levy shall be placed cm th
tax duplicate by the auditor of said county, and collected as other taxe

555

Section 4. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed April 10, 1898. 136L

[Senate Bill No. 261.]
AN ACT

To authorize the board of administration or its successors in cities of the first
grade of the first class to issue bonds for the purpose of repairing and
reconstructing bridges and viaducts in such cities.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the first grade of the first class, the board of administration
or its successors be and the same is hereby authorized to issue bonds .
not exceeding fifty thousand ($50,000) dollars in amount, to raise money
lor the purpose of repairing and reconstructing bridges and viaducts
in such cities. Such bonds may be issued from time to time in the name
of such city and under the corporate seal thereof in any amount not to
exceed said sum of fifty thousand (?50,000) dollars, in such denomination
and payable at such time, not exceeding twenty yeai;? from their date,
and bearing interest at such rate, not exceeding three and one-half (3^)
per centum per annum, as such board of administration or its successors
may determine; such bonds shall be signed by the president of such
board of administration or its successors, and by the mayor of such
city and attested by the city auditor of such city, and shall be secured
by the pledge of the faith of such city.

Section 2. The money arising from the sale of such bonds shall
be placed in a fund known as the "bridge repair and reconstruction fund,"
and shall be used solely for the purpose of repairing and reconstructing
bridges and viaducts within such city; and the careful account of the
condition of such fund shall be separately kept by the auditor of such
city, and the moneys therein shall be paid out by such auditor upon
vouchers regularly approved by the board or boards having charge of
the repairing and reconstructing of bridges and viaducts /in such city.

Section 3. To provide a fund for the payment of the interest upon
such bonds and a sinking fund for their final redemption, it shall be
*be duty of the board or boards having control of the expenditures from
^be bridge fund of such city to set aside from said bridge fund, annually,
tbe sum or sums as may be necessary for said purpose; and the money
so set aside shall be used only for the said purpose of paying interest
on said bonds and to provide a sinking fund for their final redemption.

Section 4. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 19, 1898. 137L

566

[Senate Bill No. 179.]

AN ACT

To repeal section 897-1 supplementary to section 897 passed April 21, 1896 ( O. L
vol. 92, page 273 ); and to provide a salary of twelve hundred dollars ($1.2"*
per annum for the county commissioners of Ross county. Ohio.

Section 1. Be it enacted by tlie General Assembly of the State of Ohb,
That the county commissioners of Ross county, Ohio, shall each receive
a salary of twelve hundred dollars per annum, payable in equal monthh
installments out of the county treasury upon the warrant* of the count;,
auditor, and each county commissioner shall devote his entire time or
so much thereof as may be necessary to properly discharge the duties
of his office, and shall receive nothing in addition to the salary so pro-
vided either directly or indirectly, by way of mileage, per diem, expenses
paid out or otherwise except when necessary to go out of the count;,
on official business pertaining to their office, each commissioner may.
in addition to such salary, receive his actual expenses and no mort
which shall, before being paid, be presented in an itemized account, t-
and approved in writing by the prosecuting attorney and probate judge.

Section 2. This act shall take effect and be in force from an<i
after its passage.

HARRY C MASOX,
Speaker of the House of RepresentatiztS
ASAHEL W. JONES,

President of the Senate

Passed April 19, 1898. 138L

[Senate Bill No. 225.]

AN ACT

To divide Madison township, Hancock county, Ohio, into two voting precincts.

Section 1. Be it enacted by the General Assembly of the State of Ohi\
That Madison township, Hancock county, Ohio, be and the same is
hereby divided into two voting precincts in the following manner: That
part of said township lying north of a parallel line crossing said to\vn-
ship from east to west, in the center of said township from north to south,
shall be known and designated as the north precinct. All of that pan of
said township lying south of said parallel line crossing said towiiship
from east to west in the center thereof, shall be known as the south
precinct.

Sfxtion 2. The voting place in the north precinct shall be in
the village of Arlington, and the voting place in the south precinct shall
be in the village of Williamstown.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatizcy

ASAHEL W. JONES,

President of the Senate.
Passed April 19, 1808. 139L

557

[Senate Bill No. 114.]

AN ACT

To fix tbe salaries of the infirmary directors of Darke County, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the [infirmary] directors of Darke county shall receive compensation
for their services as follows: Tbe simi of three hundred (?90§) dollars per
year each, and there shall be allowed the sum of fifty (|50) dollars per year
for the clerk of said board. The above compensation shall be in full
for all services and expenses that each member shall receive for attend-
ing the duties required of them within their respective counties; but
each member, when required in the administration of his duties, is re-
quired to travel outside of his county, shall be allowed his necessary
traveling expenses. Said compensation shall be allowed and paid quar-
terly.

Section 2. And this act shall take effect and.be in force from
and after January 1, 1899.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of tlie Senate,
Passed April 19, 1898. 140L

[Senate Bill No. 283,]

AN ACT

To anthorize the ooimty commiasiaiiers of Ross coanty to levy a tax for tlie purpose
of constructing, extending or finishing free turnpikes, and to repair free turn-
pikes already constructed; and to repeal an act passed April 24, 1890 (O. L., vol.
t)2, page 638).

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Ross county are hereby authorized,
when, in their judgment, the public interests demand it, to cause to be
constructed or finished free turnpikes, and to repair free turnpikes already
constructed, on or near any state or county road in said county, of
such width as in their judgment may seem best, and if the commissioners
decide that the public will be benefited by changing the course of any
state or county road, they shaU proceed to make such change in the
manner now prescribed by law for locating and changing state and county
roads, and in all other respects in the construction of said roads, they
shall proceed in accordance with sections 4770, 4771, 4772 and 4773 of
the Revised Statutes; provided, that not more than five thousand dol-
lars shall be expended in any township for the above purpose, and when
tbe same is not sufficient to complete such turnpike road or roads, the
commissioners may receive contributions from those interested sufficient
to finish the same.

Section 2. Before said commissioners shall proceed to let con-
tracts for the construction or finishing, or the repairing of free turn-
pikes already constructed in said county, they are hereby authorized,
in addition to what they are now by law allowed, to levy an additional

558

tax on all the taxable property of the county, not exceeding the i
of ten thousand dollars in any one year, for the above purpose,
shall they let contracts to exceed the amount of the tax levied anntu
and the whole amount levied under the provisions of this act shall
in the aggregate exceed the sum of thirty thousand dollars.

Section 3. That an act passed April 24, 1896 (O. L., vol. 9:
638), be and the samcxis hereby repealed; and this act shall take el
and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of RepresetUatx
ASAHEL W. JONES,
President of the SA
Passed April 19, 1898. 141L

[House Bill No. 163.]

AN ACT

To provide for the creation of a park fund in cities of the second grade of
second class, and to authorize the purchase of land for parks.

[DAYTON.]

Section 1. Be it enacted by the General Assembly of the State of C
That the city council of any city of the second grade of the second c
shall, in the annual tax levy for such city, levy a tax upon the gen
tax duplicate thereof, of two-tenths of one mill, in addition to all en
taxes now or hereafter authorized by law, to create a fund for the j
chase or acquisition of lands for parks for such city, and for the imprv
ment of same, and the maintenance of the parks thereafter, and to en
a sinking fund for the redemption of any bonds issued hereunder. A
lands have been purchased or acquired for said purpose, and any bo
that may have been issued hereunder have been paid, only such amc
shall be levied under this act, as is sufficient to pay the cost of i
improvement and maintenance.

Section 2. That the money arising from taxes to be levied,
bonds issued hereunder, shall be placed in the treasury of such city
a fund to be known as the park fund, and shall be used only for
purposes aforesaid ; provided, however, that until the purchase or ac<
sition of lands as aforesaid, any money in said fund and thereafter
sinking fund herein provided for, may be invested in the bonds of i
city in the same manner and by the same officers as is provided by
for the investment of money in the sinking fund of said city in its boi
Any bonds so purchased shall be sold in the manner provided by
for the sale of other bonds of such city, whenever the money is nee
to carry out the purposes of this act.

Section 3. That such city council may at any time provide,
ordinance, for the appropriation of lands for park purpose, either wi1
or without, but not more than two miles distant from such city, ;
it shall not be necessary in any event either to give notice by publ
tion or to submit the proposition to so appropriate lands to a vote
the electors of such city. Upon the passage and taking effect of
ordinance above mentioned, the city solicitor of such city shall instil

559

and conduct to a close, the same proceedings as are provided by laiw
to be had in other cases of appropriation of private property by cities
and villages, and the provisions of law in regard to the appropriation
of private property by cities and villages, shall in all respects apply to
and govern any appropriation of lands had hereunder.

Section 4. That the money in the park fund at the time of such
appropriation shall be applied to pay the costs of the proceeding, and
to pay the value of the lands as therein found and determined, but such
city may decline to take such lands, in which event it shall pay only the
costs.

Section 5. That the provisions of section 2702 of the Revised
Statutes shall not apply in the event of the appropriation of lands here-
under, and of the improvement of same.

Section 6. That if, upon the appropriation of lands hereunder,
there is not sufficient money in the park fund to pay the value thereof,
as found and determined, the city council of such city may, by ordi-
nance, provide for the issue of bonds, in an amount, which added to the
money in the park fund, will be sufficient to pay the value aforesaid of
such lands and the costs of the proceeding.

Section 7. That such bonds shall be entitled "park bonds;" shall
be of the denominations to be fixed by such council; shall bear interest
at a rate not exceeding five per cent, per annum, payable semi-annually ;
shall run for a period not exceeding twenty years; shall be executed
on behalf of such city by the mayor and city clerk thereof, and shall be
sold in the same manner as is provided by law for the sale of other bonds
of such city.

Section 8. That this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 20, 1898. 142L

[House Bill No. 274.]

AN ACT

To create a special school district in certain townships in the counties of Seneca
and Sandusky, and state of Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the territory embraced in the township of Liberty, county of Seneca,
and state of Ohio, including the village of Bettsville in said township,
and described as follows, to wit: The whole of section two (2), except
east half of the east half thereof, the whole of section three (3) and ten
(10), the whole of section eleven (11), except the east half of the east
half therefof and the east half of the east half of section four (4), together
with the territory comprised in Jackson township, Sandusky county,
Ohio, and described as follows, to wit: The east half of the southeast
quarter of section thirty-three (33), the south half of section thirty-four
(34) and the southwest quarter of section thirty-five (35), be and the

560

.same is hereby created and declared to constitute a special school d
trict to be known as the BettsviUe special school district; provided, th
a special election to be held on the 16th day of ^lay, 1898, the qu(
tion shall be submitted to a vote of the qualified electors of said pr
posed special school di&trict. Said election to be governed by the la^
applicable to general elections and all persons competent to vote
any school election under the general laws of Ohio, shall be qualifi
electors. The ballots shall contain the words "Special school district
Yes" and ^'Special school district — No;" and if those voting in t
affirmative constitute a majority of all the votes cast, then this act
take effect and be in force as law, but if those voting in the negati
shall have a majority, then this law shall be of no effect.

Section 2. The electors of said special school district shall, witl-
forty days after the passage of this act, by five of the electors in sa
district, giving five days' notice of the time and place of holding t
election, and thereafter on the first Monday in April, elect three mei
bers of the board of education, one for one year, one for two years ai
one for three years from the third Monday of April next hereafter, wl
shall hold their office for the term therein specified, and until their su
cessors are elected and qualified.

Section 3. The said special school district shall be entitled
.all of the school property within such territor}-, and the title thereto
vested in the board of education of said Bettsville special school distri(

Section 4. The said special school district shall be entitled to ai
shall receive their proportionate share of the school funds, and the fun
levied for school-house and incidental expenses in accordance with ti
enumeration of 1897 of children who are entitled to attend school, sa
funds being those now collected or already levied and not collecte
either in the county or township treasury.

Section 5. Said Bettsville special school district shall be goverm
in all respects by such law^ as are now or may hereafter be in for
relating to special districts.

Section 6. This act shall take effect and be in full force from ai
after its passage. HARRY C. MASON,

Speaker of the House of Representativi
ASAHEL'W. JONES,
President of the Sena\

Passed April 21, 1898. 143L

[House Bin No. 482.]

AN ACT

To anieiid section 1 of an act entitled "An act to provide for the additional cousin
tion of trunk sewers in cities of the first grade of the fir^t class," pa8sed Mar
2'). IHIKJ (irJO. L.,ol7).

[CINCINNATI.]

Section 1. Be it enacted by the General Assefnbly of tlie Stoic of Ohi
That section 1 of an act entitled "An act to provide for the addition
construction of trunk sewers in cities of the first grade of the fir
class," passed March 25, 180G (92 O. L., 517), be amended so as 1
read as follows:

561

Sec. 1. That for the construction of trunk sewers in cities of the
Sirst grade of the first class, the board of legislation thereof be, and they
are hereby" required to levy, in addition to the taxes now authorized
by law, annually, at the same time and in the same manner that other
taxes are authorized to be levied, four-tenths of a mill on the dollar
of all the property of such cities subject to taxation, for and during each
of the six fiscal years next ensuing after the passage of this act.

Section 2. That said original section 1 be and the same is hereby
repealed, and this act shall take effect and be. in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1808. 144L

[House Bill No. 641.]

AN ACT

For the relief of Albert C. Johnson, treasurer of the New Bloomington special
school district, Marion county, Ohio.

Whereas, On the nineteenth day of October, A. D. 1896, the Marion
deposit bank in the city of Marion, Ohio, failed in a large amount; and,

Whereas, Albert C. Johnson, treasurer of the New Bloomington
special school district in Marion county, Ohio, had on deposit in said
bank as such treasurer at the time of such failure money in the sum
of two hundred and fifty-nine dollars and fifteen cents, which belcngc .
to the school funds of said special school district; and.

Whereas, The said treasurer has made good the amount so lost to
the said board of education; and,

Whereas, Without fault on the part of the said above named treas-
urer, said bank became insolvent and made a general assignment for
the benefit of its creditors; and.

Whereas, The said bank will not be able to pay its depositors in
full; therefore,

Section 1. Be it enacted by the General Assembly of the State of, Ohio,
That the board of education of the New Bloomington special district
be authorized and required to refund and pay to said Albert C. Johnson,
the said sum of two hundred and fifty-nine dollars and fifteen cents, in
full liquidation of the amount so paid by him. And the assignees of said
bank are hereby authorized and required to pay to the treasurer of
said special school district all dividends that may hereafter be declared
from the assets of said bank.

Section 2. This act shall take effect and be in force from and
after its passage. •

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. TONES,

President of the Senate.
Passed April 21, 1898. 145L

562

[House Bill No. 533.]

AN'ACT

To authorize the commissioners of Perry county to transfer certain funds

Section 1. Be it enacted by the General Assembly of the State of (
That the county commissioners of Perry county, Ohio, for the pur
of providing for the deficiency in the general expense fund of said co
are hereby authorized to transfer ten thousand dollars (f 10,000) 1
the infirmary fund, and ten thousand dollars (f 10,000) from the br
fund, and five thousand dollars (f5,000) from the building fund to
general expense fund of said county.

Section 2. This act shall take effect and be in force from
after its passage.

HARRY C. MASON,
Speaker of the House of Representai
ASAHEL W. JONES,
President of the Se
Passed April 21, 1898. 146L

[House Bill No. 780.]

AN ACT

To amend an act passed March 23, 1898, entitled "An act to provide for the pay
of the whole of the taxes received from foreign insurance companies in'c
ties containing a city of the second grade of the first class, to the fire de
meut pension Tund, to the police department pension fund, and to the san
police force pension fund, of such cities.

[CUYAHOGA COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of C
That an act passed March 23, 1898, entitled "An act to provide for
payment of the whole of the taxes received from foreign insurance c
panics in counties containing a city of the second grade of the first c
to the fire department pension fund, to the police department pen
fund, and to the sanitary police force pension fund of such cities,'
so amended as to read as follows:

Sec. 1. The coimty treasurers of counties containing a city of
second grade of the first class shall semi-annually, at the time of t
semi-annual settlement with the auditors of their respective coun
pay over to the treasurer of such city the whole amount, under his an:
levy, of all the taxes paid into the treasury of such county by insun
companies incorporated by the authority of any other state or gov
ment and doing business in any such city, on the gross receipts of e
such insurance company, under and by virtue of the provisions of
tion two thousand seven hundred and forty-five (2745) of the Rev
Statutes, during the half-year preceding such semi-annual settleir
and the whole of the moneys so paid over to such city treasurer s
be credited as follows : Sixteen-thirtieths (16-30) to the fire departn
pension fund; thirteen-thirtieths (13-30) to the police department \
sion fund and one-thirtieth (1-30) to the sanitary police force pen;

563

fund of such cities; and the moneys so paid over shall be controlled,
administered and disbursed in accordance with the provisions of the Re-
\ised Statutes of the state of Ohio, governing the mode and manner
of distributing the same; provided that all moneys now in the hands
of the county treasurers of such counties or the city treasurers of such
cities, arising from all the taxes paid into the treasury of such county
by the insurance companies incorporated by the authority of any other
state or gxDvernment, and doing business in any such city on the gross
receipts of every such insurance company, under and by virtue of the
provisions of section two thousand seven hundred and forty-five (2745)
of the Revised Statutes, shall be credited as follows: Two-thirds (2-3)
to the fire department pension fund, and one-third (1-3) to the police
department pension fund.

Section 2. That said act passed March 23, 1898, entitled "An act
to provide for the payment of the whole of the taxes received from foreign
insurance companies in counties containing a city of the second grade
of the first class, to the fire department pension fund, to the police depart-
ment pension fund, and to the sanitary police force pension fund of such
cities," be and the same is hereby repealed.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 147L

[House Bill No. 400.]
AN ACT

For the relief of George H. Brouse.

Whereas, George H. Brouse contracted with the board of education
of Dixon township, Preble county, Ohio, in the year 1892, to teach a
term of school of six months in subdistrict number five (5) in said
township; and.

Whereas, He performed his part of the contract in good faith ; and.

Whereas, The said George H. Brouse's certificate to teach expired
before the expiration of his said term of school; and.

Whereas, He is unable to demand and receive a balance of two
hundred and fifty-two dollars (|252) in the hands of the treasurer of
said township due him for the time taught and not covered by a cer-
tificate to. teach; and.

Whereas, A large number of the taxpayers, the clerk, the board
of education, and other citizens of said township, the present board of
school examiners and the board of school examiners of 1892, of Preble
county, Ohio, have petitioned the general assembly for the relief of said
George H. Brouse; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the township clerk of Dixon township, in Preble county, shall,
and he is hereby required to draw his order, as such clerk, on the town-

564

1 'I

ship treasurer of said Dixon township, in favor of said George
Brouse, for the sum of two hundred and fifty-two dollars (f252), s
said township treasurer shall pay said order so drawn, out of any fui
in his hands belonging to the school funds of said township and apj
cable to the payment of teachers.

Section 2. This act shall take effect and be in force from a
after its passage.

HARRY C. MASON,
Speaker of the House of RepresentoHi

ASAHEL W. JONES,
Presiding of ike Sem
Passed April 21, 1898. 148L

(House Bin No. 373.]

AN ACT

To provide for an official stenographer and an assistant stenographer for cert

coantie8 therein contained.

Section 1. Be it enacted by the General Assembly of the State of Oh
That in Stark county, the court of conunon pleas may appoint c
official stenographer for said county, and one assistant stenograph
each of whom shall hcJd his or her respective office for the term of t
years from and after the date of his or her appointment, and until his
her successor be appointed and qualified, unless either shall be remov
by the court for neglect of duty, misconduct* or incompetency. Su
official stenographer and assistant shall each take an oath that they v
faithfully discharge the duties of their office; and the official stenograpl
shall receive an annual salary of nine hundred dollars, payable in eqi
monthly installments out of the county treasury, and which salary sh
be in lieu of all per diem fees in the circuit, common pleas and proh
courts. And the assistant stenographer shall receive an annual sah
of six himdred dollars, which salary shall be in lieu of all per diem f<
in the circuit, common pleas and probate courts, any case in which
or she shall be directed to take the shorthand notes, of any and all ca
that he or she shall be directed by the court to take in any or either
said courts. And it shall be the duty of the auditor of said county
issue warrants on the treasurer for the payment of said salary of s;
official stenographer and assistant stenographer out of the general fu
on presentation to him of a certified copy of the appointment of s;
official stenographers.

Section 2. It shall be the duty of such stenographer and assist;
stenographer, unless waived by the parties, to make, or cause to
made, accurate stenographic notes of the testimony of the witnesses,
charge of the court to the jury, all opinions rendered, and all such oti
oral proceedings as the court or the parties may direct in all cases actus
tried in the circuit, common pleas and probate courts to the court or ju
The shorthand notes so taken shall be the property of the county, a
carefully preserved in the office of such stenographer; and it shall
the duty of the assistant stenographer to file in the office of the offic
stenographer all such shorthand notes taken by him or her. It s\

665

also be the duty of such stenographers to make, or cause to be made,
at the request of either party, or his attorney, a correct transcript into
longhand of the notes so taken in any case, to be paid for forthwith
by Sie party or parties ordering the same; but no transcript of the notes
into longhand shall be paid out of the county treasury in any case unless
such transcript shall be ordered by the judge for his own use, and in
criminal cases by the prosecuting attorney. Such stenographers shall
also, without extra compensation, take from the dictation of the cotlrt
such shorthand notes as may be required in preparing opinions and
charges to juries, and shall make a transcript of the same when ordered
to do so by the judge.

Section 3. Such stenographers shall receive for making such
transcripts of said notes into longhand eight cents per folio of one hun-
dred words, and when more than one such transcript shall be ordered
at the same time, the fee for making such additional transcript shall be
one-third the fee allowed for the first copy; and when each of two or
more parties require a copy they shall each be required to pay a pro
rtita share of said expense of printing said copy. And in every case re-
ported in said courts there shall be taxed for each day's service of such
stenc^japher a fee of five dollars, to be collected proportionately from
the respective parties in the case, and when so collected to be paid quar-
terly into the treasury of the county by the clerk of the court.

Section 4. Sai^ official stenographer shall have his or her office
in the court-house of the county.

Section 5. This act shall take eflFect and be in force from and
after its passage.

- HARRY C. MASON,

Speaker of ike House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 149L

[House Bill No. 350.]

AN ACT

To authorize the board of education of the Murray City special school district,
Hocking county, Ohio, to levy an additional tax for the purpose of maintaining
the schools of said city.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of the Murray City special school district,
Hocking county, Ohio, be and the same are hereby authorized and
empowered to levy an additional tax for the years 1898, 1899, 1900,
1901, 1902, 1903, 1904 and 1905 on all taxable property within said
school district not to exceed five (5) mills on the dollar for each year,
in addition to the levy now authorized by law, the same to be collected as
other taxes, for the purpose of supporting and maintaining the schools
in said district, and also for the payment of the present indebtedness
as the said board in their discretion may direct.

566

Section 2. This act shall take effect and be in force from a:
after its passage.

HARRY C. MASON,
Speaker of the House of Representativ

ASAHEL W. JONES,
President of the Sam
Passed April 21, 1898. 150L

[House Bill No. 662.]

AN ACT

To authorize and empower the commissioners of Ashtabula county, Ohio, to lev-
tax and to construct a* bridge in the village and township of Conneaut, in s
county.

Section 1. Be it enacted by the General Assembly of the State of Oh
That the commissioners of Ashtabula county are hereby authorized
levy a tax to construct a high bridge or viaduct in the village a
township of Conneaut, Ohio.

Section 2. For the purpose of constructing said bridge, the coi
missioners of Ashtabula county are hereby authorized and empower
to make a levy, in addition to other taxes, of eight-tenths (8-1
of one mill per annum for a term of four years upon all the taxal
property in said county of Ashtabula.

Section 3. . Said commissioners are authorized and empowered
make and enter into a contract for the construction of said bridge whe
ever there is paid, or secured to be paid, to them the sum of not 1(
than ten thousand (f 10,000) dollars by donation, or by persons or cc
porations that are specially benefited by the construction of the san
which sum is to be used toward paying the cost and expenses of si
bridge.

Section 4. Said bridge is to be located at or near Main stre
in the village of Conneaut, across the Conneaut river and the vall
in that vicinity.

Section 5. This act shall take effect and be in force from a
after its passage.

HARRY C. MASON,
Speaker of the House of Representativ

ASAHEL W. JONES,
President of the Sena
Passed April 21, 1898. 151L

567

i
[House Bill No. 379.] ,

AN ACT

To amend an act entitled " An act to provide a more efficient government for cities
having a population of not less than 33,000 and not more than 34,000 inhabit-
ants/' passed April 20, 1893.

[YOUNGSTOWN.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section fifteen (15) of said act be and the same is hereby amended
so as to read as follows:

Sec. 15. The aggregate of all taxes levied or ordered by such city
above the tax for county and state purposes, and excepting the tax for
schools and school-house purposes, shall not exceed in any one year
nine mills; provided, however, that the city commissioners of such cities
shall, annually, at the time the rate of tax is fixed, provide by resolution
for the distribution of the tax among the several departments of the
corporation in such proportion to their needs as may be deemed neces-
sary, and at no time thereafter shall the amount specified as necessary
for the purpose named be changed, and all transfers of funds from one
account to another are hereby expressly prohibited; and provided fur-
ther, that in any such city in which there is established and maintained
by a public library association, not organized for profit, a public library
free to all inhabitants of such city, the council may levy an annual tax
in addition, if need be, to said above aggregate amount of taxes, not
exceeding two-tenths of a mill on all taxable property within such city,
to be called the public, library fund, and collected as other taxes. Said
taxes for library purposes shall be paid by the treasurer of such city to
the treasurer of such library association, to be used in the purchase of
books, pamphlets, magazines, newspapers and for general library ex-
penses, subject to such requirements as to accounting and reporting to
council as the council may prescribe. And provided further, that in any
such city in which there is established and maintained one or more hos-
pital associations, not organized for profit, with hospitals equipped for
the care and treatment of the sick and injured, the council may levy
an annual tax in addition, if need be, to said above aggregate amount
of taxes, not exceeding five-tenths of a mill on all taxable property
within such city, to be called the hospital fund and collected as other
taxes. Said taxes shall be paid by the treasurer of such city in equal
proportions to the treasurers of such hospital associations as shall be
willing to contract to furnish and to furnish board, lodging, nursing
and medical treatment to the indigent sick and injured of such city, under
such terms and conditions as the council of such city may prescribe.

Section 2. That said section 15 of said act is hereby repealed and
this act shall take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 152L

568

[House Bill No. 504.]

AN ACT

Relating to cities of the third grade of the second class.

[STEUBENVILLE.]

Section 1. Be it enacted by the General Assetnbly of the State of 01
That whenever, in a city of the third grade of the second class, the c
council thereof, shall by a resolution passed by a majority of the me
bers elected thereto, declare it to be essential to the interests of si
city that a bridge for general traffic should be constructed between term
designated therein, one of which shall be such city, it shall be law
for a board of trustees appointed as herein provided and they are here
authorized to borrow as a fund for that purpose, not to exceed the si
of one hundred and fifty thousand dollars (f 150,000), and to issue bor
therefor in the name of said city, under the corporate seal thereof, be;
ing interest at a rate not to exceed four (4) per cent, per annum, pj
able semi-annually, at such places and in such sums as shall be deem
best by said board. Said bonds shall be signed by the president
said board, and attested by the clerk of said city, and shall be secui
by a mortgage on said bridge and its net income and by the pledge a
faith of the city, and a tax which it shall be the duty of the coun
thereof annually to levy, sufficient, with said net income, to pay 1
interest and provide a sinking fund for the final redemption of s;
bonds. Provided, that no money shall be borrowed or bonds isst
until after the question of constructing the bridge specified in the rei
lution shall be submitted to a vote of the qualified electors of said ci
at a general or special election to be ordered by the city council there
of which not less than twenty (20) days' notice shall be given in at le
two (2) daily papers of the city; and further provided, that a major
of said electors voting at such election, shall decide in favor of constru
ing said bridge, the return of said election shall be made to the city clei
and be by him laid before the city council, who shall declare the res
by a resolution. The bonds issued under the authority of this secti
shall not be sold for less than their par value, and at such times and
such amounts as said trustees may determine.

Section 2. If a majority of the votes cast at said election shall
in favor of constructing a bridge, as specified in the first section, it sh
be the duty of the solicitor forthwith to file a petition in the court
common pleas of the county in which said city is situate, praying tl
a judge thereof will appoint five trustees, to be called the trustees

the bridge (the blank to be filled with the name given to t

bridge in the resolution) ; and it shall be the duty of said judge to ma
the appointment and to enter the same on the minutes of the cou
They shall enter into bond to the city in such sum as the court m
direct, with one or more sufficient sureties, to be approved by the ecu
conditioned for the faithful discharge of their duties. The bond so tak
shall be deposited with the treasurer of said city.

Section 3. The said trustees and their successors shall be the tn
tees of said fund, and shall have the control and disbursement of t
same, and shall expend such fund in procuring the right to constri
and in constructing said bridge with all the usual appendages; and for t

569

purposes aforesaid shall have power and capacity to make contracts^
appoint, employ and pay officers and agents, and to acquire, hold and
possess all the necessary real and personal property and franchises, either
in this state or any other state into which said bridge may extend. They
shall also have power to regulate the collection of tolls, receive dona-
tions of land, money, bonds and other personal property and to dispose
of the same in aid of said fund. They shall also have the right to appro-
priate such real estate as they may deem necessary for approaches, piers
and abutments.

S£€TiON 4. The said trustees shall form a board, and shall choose
one of their niwiber president, who shall also be the acting trustee, with
such power as the board may by resolutions from time to time confer
upon him. A majority of said trustees shall constitute a quorum, and
shall bold regular meetings for the transaction of business, at their office
in the city under whose action they are appointed. They shall keep a
record of their proceedings, and they shall cause to be kept a full and
accurate account of their receipts and disbursements, and make a report
of the same to the city council annually, and whenever requested by a
resolution of the city council. No money shall be drawn from said fund
but upon the order of said board. And said trustees shall serve with-
out compensation.

Section 5. Said trustees shall have power to take such security
from any officer, ^«ent or contractcfl*, chosen, appointed or employed
by them, as diey shall deem advisable. They shall iK)t become surety
for any snch officer, agent or contractor, or be interested directly or
indirectly in any contract concerning said bridge.

Section 6, Whenever the trity solicitor of any city under whose
action a board of trustees Iras been appointed, as herein provided, shall
have reason to believe that any one of said trustees has failed in the
faithful performance of his trust, it shall be his duty to apply to the court
that appointed said trustee, by petition, przying that such trustee be
removed and another appointed in his place ; and w^hen a vacancy shall
occur in said board from any other cause, it shall be filled in like man-
ner. If the saifl city solicitor shall fail to make application in either
of the foregoing cases, after request of any holder of the bonds issued
by said trustees, or by a taxpayer of the corporation, such bondholder
or taxpayer may file a petition in his own name on behalf of the holders
of such bonds for like relief, in said court, and if the court shall adjudge
in favor of the plaintiff, he shall be allowed as part of his costs a reason-
able compensation to his attorney.

Section 7. The city council of any city passing a resolution as
provided in the first section, may appropriate and pay to the said trustees
out of the general fund of said city such sum as may be necessary for
defraying the expenses of the election, and said sum shall be repaid
out of said trust fund when raised. *

Section 8. This act shall take effect on its passage.

HARRY C. MASON.
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 153L

570

[House Bill No. 421.]

AN ACT

To authorize cities of the first grade of the first class to issue bonds to pay for pro
erty to be hereafter condemned and appropriated for street purposes.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohi
That in cities of the first grade of the first class, the board of administratic
or its successors, shall have the power to issue bonds in the name of sue
city and under the corporate seal thereof, in a sum not to exceed oi
hundred and sixty-five thousand (|1G5,000) dollars, to provide a sped
fund to pay the costs and expenses of property to be hereafter condemiK
and appropriated to public use for the opening, widening or extendir
of any road, street, avenue or highway, and the improvement therec
in any such city. Said bonds shall be made payable not less than tt
years nor. more than twenty years from the date of their issue, be;
interest not exceeding four (4) per centum per annum, be signed I
the president of such board of administration or its successors, and I
the mayor of said city, and be attested by the city auditor of such cit
and be secured by the pledge of the faith of such city, and by a ts
which it shall be the duty of the board of legislation of such city annual
to levy upon all the taxable property of such city, and to certify tl
same to the county auditor of the county in which such city is situate
upon a certificate from such board of administration or its successo
as to the amount necessary to pay the- interest thereon, and to provi(
a sinking fund for the final redemption of said bonds. Said taxes she
be in addition to the amount authorized by law to be levied for municip
purposes.

Section 2. Said board of administration or its successors sh^
oflFer said bonds for sale to the sinking fund trustees of said city, ai
if said sinking fund trustees decline to accept the same, said board
administration or its successors shall then advertise saii bonds for sa
once a week for four consecutive weeks in a newspaper of general ci
culation in said city, and sell the same for not less than the par vali
thereof and accrued interest to the highest bidder. The money arisir
from the sale of said bonds shall be placed in a fund to be called tl
"special condemnation fund," and a careful account of said fund sh«
be kept by the city auditor.

Section 8. Said fund shall be used only for the purpose of payii
the costs and expenses for property condemned and appropriated
public use for the opening, widening or extending of any such roa
street, avenue or highway, and the improvement thereof, in such cit
the condemnation and appropriation and the improvement of which sh;
have received the recommendation of the board of administration or i
successors of such city; and the said fund shall be paid out only upc
a resolution passed by the board of administration or its successors
such city si>ecially appropriating the same, and upon vouchers proper
approved by said board of administration or its successors.

i:M

571

Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 154L

[House Bin No. 436.]

AN ACT

To exempt citizens of Union county from the performance of certain labor on

streets and public roads.

Section 1. Be it enacted by the General Assembly of the State of, Ohio,
That the citizens of Union county, Ohio, shall be, and they are hereby
exempted from the performance of labor required under the provisions
of an act entitled "An act to provide for the performance of labor on
streets and public roads," passed April 16, 1896 (O. L., vol. 92, pages
162-165).

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Seriate,
Passed April 21, 1898. 155L

[House Bill No. 666.]

AN ACT

To create, organize and regulate the board of education of subdistrict number ten
(10) of Cynthian township, Shelby county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of subdistrict number ten (10) of Cynthian
township, Shelby county, Ohio, as now constituted, shall consist of three
members, who shall be residents of the district and have the qualifications
of an elector therein.

Section 2. There shall be elected by ballot, annually, on the second
Monday of April, in said subdistrict, by the qualified electors thereof, at
the usual time and place of holding school elections in such subdistrict,
one judicious and competent person to serve as a member of the board
for three years from the first Monday succeeding his election, and until
the election and qualification of his successor; provided, however, that
the first election for members of the board, after the passage of this act,
shall be held within twenty days after such passage, at least five days
previous notice of which, stating the time and place of meeting, and signed
V at least three electors of the district, shall be posted in three of the
most conspicuous places in the district; at such meeting a chairman
and clerk shall be chosen, and there shall be elected three members of

572

the board, one to serve until the third Monday in April n€xt succe<
ing his election, and one to serve for one year and one for two ye;
from said third Monday, and each to serve until the election and qual
cation of his successor.

Section 3. The directors of such subdistrict, two of whom si:
constitute a quorum, shall meet within five days after the third Monc
of April each year, at such place as may be most convenient in the si
district, and organize by appointing one of their number clerk of 1
subdistrict who shall preside at the official meetings of the directc
and record their proceedings in a book to be' provided for that purpo
together with the minutes of the proceedings of the annual school me
ings held in the subdistrict by the electors thereof, which shall be a put
record; all such proceedings when so recorded shall be signed by i
clerk; the directors may meet as frequently as they deem necessc
for the transaction of business, and may fill vacancies in the office
clerk, or if the clerk be absent, either of the other directors may officii
temp>orarily in his absence; but no business shall be transacted at a me
ing of which due notice has not been given to each of the directors
the subdistrict, either personally or by a written notice left at his resider
or usual place of business; and except as otherwise provided in this a
said subdistrict shall be governed by such laws as now are or may he;
after be in force relating to the common schools in township distric

Section 4. This act shall take effect and be in force from a
after its passage.

HARRY C. MASON,
Speaker of the House of Representatk

ASAHEL W. JONES,
President of the Senc
Passed April 21, 1898. 156L

[House Bill No. 787.]

AN ACT

To authorize the county commissioners of Columbiana county to levy an additio
tax for the purpose of repairing damage done to bridges and roads by flew
of 1897 and 1898.

Section 1. Be it enacted by the General Assembly of the State of Oh
That the commissioners of Columbiana county, be and they are here
authorized, at their June session, 1898, to levy not to exceed one m
upon each dollar of the taxable property of the county, for the purpc
of repairing damage done to bridges and roads by the floods of IS
and 1898, in addition to the levy now authorized by law, the same
be entered on the duplicate of said county, and collected as other tax
Section 2. This act shall take effect and be in force from a
after its pvassage.

HARRY C. MASON,
Speaker of the House of Representafh
ASAHEL W. JONES,
President of the Senc
Passed April 21, 1898. 157L

573

[House Bill No. 729.]

AN ACT

To provide for payment for li^htin^^ certain bridges of Butler county, Ohio, payment
for which is not otherwise provided.

Whereas, The commisstoners of Butler county have incurred a debt
of one hundred and tiiirty-two and 80-100 (f 1^2.80) dollars for lighting
bridges in Butler county, which was absolutely necessary for the safety
of the public; and,

Whereas, There is a question in the mind of the auditor of the
county as to the authority to pay the same, under the bridge lighting
laws of the state, as they existed at the time of incurring said obligation;
andf

Whe&eas, Since incurring said obligation payment for lighting said
bridges has, by general law, been provided tor; therefore.

Section L Beii enacted hy the General Assembly of tke SiaU of Ohio,
That the commissioners of Bntler county, Ohio, are hereby authorized
and required to pay said sum of one hundred and tfairty*two and 80-100
(|I32^) dollars out of the bridge funds for the lighting of all bridges
m said county, which have prior to the date of this act been lighted under
the order and direction of the commissiooers of said county, but pay-
ment for which has not been made and cannot be made under any of
the existing laws.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 158L

[House Bill Na 685.]

AN ACT

To authorize the board of education of Bradford special school distiict of Darke
and Miami counties, Ohio, to issue bonds for the redemption of other bonds.

Sectiok 1. Beii endcted by the General Assembly of the State of Ohio,
That the board of education of the Bradford special school district of
Darke and Miami counties, Ohio, for the purpose of raising money to
redeem the bonds of said special school district issued under the special
act of March 31, 1881, and now outstanding, be and they are hereby
authorized to issue bonds of said special school district erf Bradford, Darke
and Miami counties, Ohio, in sums of not less than one hundred dollars
each and not to exceed the amount of fourteen thousand dollars, and
at a rate of interest not to exceed six per centum, interest payable semi-
annually in January and July, said bonds to be made payable in a period
of time not exceeding fifteen years and redeemable at the pleasure of
the board after three years.

574

Section 2. Said boncls shall have coupons attached and be sign
by the clerk and president of the board, who shall keep a record of
bonds sold, to whom sold and when payable. Said bonds shall be nego
able and shall not be disposed of at less than their face value.

Section 3. That said board of education is hereby authorized
levy a tax to pay said bonds and the interest thereon, and to certify iY
fact to the auditors of Darke and Miami counties, Ohio, and said auditc
shall cause said sums so levied or certified by said board to be necessa
to be levied upon the taxable property of said special district, and t
same shall be collected as other taxes, paid out by said auditors to
special treasurer to be elected by the board outside of their numb
who shall give bond acceptable to said board for the faithful performan
of his duties, and which shall be to receive the money so collected frc
the said auditors and pay said money on said bonded indebtedness, a
settle with the said auditors in September of each year, and he shall ser
without pay; provided, that said sum so levied shall not exceed in a
one year ten mills on the dollar of the valuation of the taxable propei
,of said special district in addition to that now or which may.be hereafl
authorized by law to be raised for school and school-house purposes. 1
part of said money so raised by such levy shall be used for any oth
purpose than the payment of said bonds and the interest thereon, a
no part of the money received from the sale of said bonds authoriz
herein shall be used for any other purpose than the redemption of sa
bonds for which such new issue is made.

Section 4. This act shall take effect and be in force from ai
after its passage.

HARRY C. MASON,
Speaker of the House of Representative

ASAHEL W. JONES,
President of the Sena
Passed April 21, 1898. 159L

[House Bill No. 643.]

AN ACT

Relative to the duties and compensation of certain county ofiicers of Brown coun

Section 1. Be it enacted by tfie General Assembly of the State of Oh
That in Brown county the compensation of officers hereafter elected sh
be by annual salary exclusively, except as otheVwise provided in sectio
six and nine of this act, as follows: The auditor, twenty-two hundr
dollars; the probate judge and clerk of the court of common plej
eighteen hundred dollars each; the treasurer, two thousand dollars; t
sheriff, twenty H>ne hundred dollars; the recorder and the prosecutii
attorney, twelve hundred dollars each ; the coroner, two hundred dollai
each county commissioner, nine hundred dollars; each infirmary directc
one hundred and fifty dollars; and neither of said officers shall ^ecei^
nor agree to receive, directly or indirectly, any additional compensati(
from any source whatever for the performance or omission of any offici
duty; provided, however, that the auditor, probate judge, treasun
sheriflF and each county commissioner, when necessary to go out of t!

575

county on official business connected with their respective duties, may
each in addition to his salary, charge and receive his actual expenses
of transportation to and from the county seat and no more; which
expenses shall be paid by the county on the warrant of the auditor,,
on first producing to the auditor an itemized account therefor, approved,
in writing, by the prosecuting attorney. All such salaries shall be paid
by the county in equal monthly installments out of the county treasury,,
on the warrant of the auditor; but if any such officer shall die, resign
or be removed from office, his compensation shall cease at the time of
his death, resignation or removal; and no compensation shall be paid
by the county to any deputy, clerk, or other employe of such officers*

Section 2. All fees, costs, percentages, penalties, allowances and
other perquisites which are now or may hereafter be allowed by law for
the performance of official duty by the auditor, probate )adge, clerk o£
the court of common pleas, treasurer, sheriff, recorder, or prosecuting
attorney, or by the sheriff, as a special master commissioner, or as re-
ceiver in any case, shall, when collected, be for the sole use of the county,
except as otherwise provided in sections six and nine, and the total
receipts thereof each calendar month by each of said officers, shall, except
as otherwise provided in section five, be paid by him to the county treas-
urer at the close of business on the last business day of each month,,
and be duly receipted and accounted for by the treasurer; and said
officers shall keep full and accurate accounts in books to be provided for
that piUT)ose, showing all fees, costs, percentages, penalties, allowances
and other perquisites that accrue to his office, apd by whom paid to him
each day and the amounts paid to the treasurer each month and the
amount due and unpaid, and also the name of each person or party
liable for any part of such as are due and unpaid, and the mount due
from each; provided, that such fees, costs, percentages, penalties, allow-
ances and other perquisites in cases pending in court, shall not be deemed
to be earned or to have accrued within the meaning of this act, until final
judgment, except in habeas corpus and divorce cases.

Section 3. Each officer mentioned in section two shall, on the first
business day of each month, file with the county commissioners, a state-
ment verified by his affidavit, showing the full receipts daily by him for
the preceding month (and the total for the month) from each of the
sources specified in the preceding section, and also a statenient verified
as aforesaid, showing the full amount of all fees, costs, percentages,,
penalties, allowances and other perquisites accrued to his office and not
paid to him, and the name of each person or party liable for any part
thereof, and the amount due from each; and each statement after the
first, of the amounts due and unpaid, shall begin with the showing of
the amount theretofore reported due and unpaid, and what portion thereof
has been paid during the month covered by the report. And on the day
his term of office expires, he shall file with the commissioners like state-
ments, showing such receipts daily since his last statements, and such,
amounts due and unpaid up to that time.

Section 4. It shall be the duty of the county commissioners to
see that the provisions of this act are faithfully complied with and ob-
served; and all statements required by the preceding sections to be filed
?^ith them shall be carefully preserved, and shall be subject to public
inspection during all official business hours; and the account books^

676

provided by section two shall be subject to like inspection, and sh;
remain in the respective offices where kept, and at the expiration of ti
term of any officer named in section two shall be turned over to his sii
cessor in office.

Section 5. Each officer mentioned in section two shall exerci
due vigilance in the collection of fees, costs, percentages, penalties, alio
ances and other perquisites accruing to his c^ce, and shall, where auth(
ized by htw, collect the same before or at the time they are eam<
but the county commissioners may, by order entered on their joun
and certified to the treasurer, authorize the treasurer to omit for thii
days to enforce payment of penalties for the non-payment of taxes witl^
the time limited by law; and the treasurer shall not be required
report to the commissioners in bis statements required by section thr
the percentages allowed him by laiw on taxes collected, except in su
statements next following his semi-annuai settlements with the auditc

Section & The sher^ shall be allowed to retain for his own u
whatever money he may receive under any contract with the coun
commissioners for keeping and providing for prisoners in the county ja
but in making such contract the commissioners shall specify in genei
terms the maimer in which such prisoners shall be kept and providi
for and shall see that the terms are fully complied with.

Section 7. Nothing in this act shall be construed to vest in ai
officer mentioned in section one such fees, costs, percentages, penalti<
allowances and other perquisites as are unpaid at the end of their r
spective terms, but the same shall be the property of the county to
collected by their successors in office, and applied as provided in t\
act; but fees, costs, percentages, penalties, allowances and other pe
quisites that accrue to said officers prior to the taking effect of this a
shall not be affected thereby.

Section 8. All money paid to tlie county treasurer in pursuan
of this act shall be by him credited to the general fund of the couni
and all warrants issued by the county auditor in pursuance thereof sh;
be drawn upon said fund.

Section 9. All accounts of costs and fees due to any of the office
named in section one of this act, which remain unpaid for one y«
shall, by such officer, be transferred to the prosecuting attorney for cc
lection, who shall, on the first Monday in each month, pay over to tl
officer for whom the collection is made all moneys which may have con
into his hands ; such officer shall give the prosecuting attorney a recei
for the amount paid over and enf^r a statement of such payment (
the books of his office; and execution shall be issued on the preci]
of such prosecuting attorney to enforce the payment of all such accour
to him transferred for collection. The prosecuting attorney shall repc
to the officer from whom he may have received any such accounts (
the first Monday of each month, a full statement of all accounts still
his hands uncollected. For such services the prosecuting attorney sha
in addition to the salary provided in section one, receive five per centu
on all accounts so collected by him; and where the same is collect(
by the sheriff on execution issued on the precipe of the prosecutir
attorney, the sheriff, in addition to his salary provided in section or
shall be allowed to retain five per centum of the amount actually pa
to him on such execution, and no more; and all sums so received 1

577

the sheriff shall be paid by him to the prosecuting attorney, less five per
centum thereof, to be accounted for by the prosecuting attorney as herein
provided.

Section 10. If any officer mentioned in section one wilfully fail
or refuse to perform faithfully and promptly any duty required of him
by this act, or knowingly violates any provision thereof, or wilfully makes
any false of fraudulent showing* in any statement thereby required of
him, or in any account book provided for herein, he shall be fined in
any sum iK>t more than five thousand dollars, or be imprisoned in the
penitentiary not less than one year nor more than five, or both. The
penalties herein provided for against said officers shall be in addition
to penalties provided by existing statutes; and the fines imposed by this
section shall be paid into the county treasury, to the credit of the general
fund of the county.

Section 11. The official bond required by law heretofore or here-
after taken from any of said officers shall be deemed to make the parties
to the same liable for any violation on the part of the officers for whom
they are sureties of any of the provisions of this act, and for the faith-
ful performance of all the duties required thereby.

Section 12. Any provision of statute in force when this act takes
effect, which conflicts with any provision of this act, to the extent that
it is inconsistent with the latter, and not otherwise, be held to be super-
ceded by this act as to the said county of Brown, but other provisions
of statute so in force relating to county officers and county affairs shall
not be affected by this act.

Section 13. This act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 21, 1898. 160L

[House Bill No. 444.]

AN ACT

To provide for jail matrons in county jails in all counties having a city of the sec-
ond grade of the first class.

[CUYAHOGA COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in all counties having a city of the second grade of the first class,
the sheriff of such county shall appoint two matrons whose duties shall
be to have charge over and to care for all female and minor persons
who may be at any time confined in the jail of such county.

Section 2. The county commissioners of any such county named
in section one (1) shall provide suitable quarters in said jail for the
use and convenience of said matrons while on duty. One of said matrons
shall be on duty in said jail at all times, and shall have surveilance over
^ shall hold the keys to the apartments or cells which such female or
minor prisoners are confined or retained.
87

578

Section 3. The compensation of said matrons shall be fixed by t
county commissioners, not to be less than sixty (f60) dollars per mon
nor more than seventy-five (?75) dollars per month, payable montli
out of the fee fund of said county, and said matrons shall not be remov
from office except for negligence, inattention to duty, mistreatment
prisoners, or for conduct unbecoming to any person holding such po
tions, and then only when such charge has been proven before, ai
sustained by the judge of the court of common pleas of said county.

Section 4. This act shall take effect and be in force from ai
after its passage.

HARRY C. MASON,
Speaker of the House of Representativi
ASAHEL W. JONES,
President of the Seiia
Passed April 21, 1898. 161L

[House Bill No. 642.]

AN ACT

To authorize the township trustees of certain townships in the state of Ohio to le
taxes therefor, and purchase material and improve roads.

[VAN WERT COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohi
That the township trustees of any township, situate within any count
in this state, which at the last federal census had, or at any succeedir
census may have a population of not less than 29,050, and not moi
than 29,800, may at any general or special election submit to the qua
ified electors of said township the question whether the public roac
in said township shall be improved by macadamizing or piking; tl
ballots to be used at such election, shall have printed thereon the word
**Road improvement — Yes" or "Road improvement — No;" if a majo
ity of the votes cast at such election are in favor of said road improv
ment, the trustees of any such township are hereby authorized to le\
upon all the taxable, real and personal property within the bounds <
such township, a tax for such purposes, not to exceed the sum of 1
mills on each dollar valuation, in any one year, proceeds of which shs
be used in the improvement of the roads in said township in macadan
izing or graveling the same; notice of said election shall be given t
written or printed notice, set up in at least five public places, within sa:
township for a period of not less than ten days, prior to the date <
said election; said election shall be held at the usual voting places i
said township, and held under the provisions of the election laws of tl
state of Ohio; should a majority of the votes cast, at said electioi
be against said improvement, no further proceedings shall be had. bi
thereafter on the petition of at least fifty taxpayers, in said townshi;
the trustees thereof may resubmit said question to the voters of sue
township.

Section 2. The trustees may levy said tax for a period not excee(
ing twenty years, should the vote cast at such election be in favor c
said road improvement. The proceeds arising from the levy of sai

579

tax shall be used by the trustees of said township in macadamizing
or graveling and repair of public roads, in said township, under the
direction and management of the township trustees thereof.

Section 3. Said trustees may employ engineers and such other
agents as they may deem necessary to assist them in the discharge of
their duties; the clerk of said township shall keep a record of the pro-
ceedings of the trustees, which shall at all times be open for inspection;
the trustees may purchase and procure all necessary implements and
fixtures; they may contract for and purchase all material that may be
necessary for the construction and repair of said improvements; they
shall see that proper materials are used and the work properly performed.

Section 4. So much of the taxes annually levied, for road pur-
poses, by the trustees of the township, including the two days' labor
authorized by law, shall be applied in the improvement and repair of
the public roads of such township, under the direction of said trustees.
Whenever said trustees are proceeding in accordance with the provis-
ions of this act, all the taxable, real and personal property, within such
township, shall be exempt from any levy, by the county commissioners
of such county, for the purpose of constructing, macadamizing or im-
proving roads, but said township shall constitute a separate road district

Section 5. Said township trustees may issue certificates to persons
owing extra taxes herein provided for, for labor performed or materials
furnished in [the] macadamizing, the graveling, improving or repairing
of such roads in the discharge of the same, and such certificates shall
be receivable by the county treasurer in payment of such extra tax.

Section 6. The contracts for material and the contracts for labor
shall be let separately upon public notice of the time and place of such
letting, given in a newspaper of general circulation in such township^
for at least two weeks, specifying the kind and quality of material, and
the road for which the same is to be used. All contracts are to be let
to the lowest responsible bidder who shall give proper bond, and the
trustees may reject any bids. The township trustees shall be allowed
one dollar and fifty cents per day, for each day actually employed, under
the provisions of this act; officers required to perform services by this
act shall receive such fees as are allowed by law for similar services;
other agents shall receive such pay as shall be determined by the trustees.

Section 7, The provisions of this act shall also apply to any town-
ship in which there is now a special pike district, and in such townships
having a special pike district within its boundaries the question of im-
proving such public road shall be submitted to the qualified electors
of that portion of said township lying and being without the boundary
of the said special pike district and such tax shall be levied upon all the
taxable, real and personal property within the boundaries of such town-
ship not lying and being within such special pike district.

Section 8. This act shall be in force from and after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 162L

580

[House Bill No. 817.]

AN ACT

To authorize the council of the city of Cambridge to issue bonds.

Section 1. Be it enacted by the General Assembly of the State of 0
That the council of the city of Cambridge, Ohio, be and the same
hereby authorized to issue the bonds of said city in a sum not exec
ing nine thousand dollars (f9,000), bearing interest at the rate of f
and one-half per cent, per annum from date of issue, payable se
annually. The amount realized from said bond§ to be applied to
payment of the costs and expenses of constructing a trunk sewer
sewers in the intersections of streets and alleys in said city.

Section 2. That the council of the city of Cambridge, Ohio,
and the same is hereby authorized to issue the bonds of said city i
sum not exceeding nine thousand dollars (|9,000), bearing interest
the rate of four and one-half per cent, per annum from date of isi
payable semi-annually. The amount realized from the sale of said bo
to be applied to the payment of the costs and expenses of construct
street pavements in the intersections of streets and alleys, and the o1
costs and expenses of street paving which said city will be required to ]

Section 3. For the purpose of paying the interest on said bo
until said bonds become due, said council of said city is authorized
empowered to levy on all the taxable property of said city, a tax
to exceed one-half of one mill in each year for which said indebtedi
shall run.

Section 4. This act shall take effect and be in force from
after its passage.

HARRY C MASON,
Speaker of the House of Representati
ASAHEL W. JONES,
President of the Set

Passed April 21, 1898. 163L

[House Bill No. 334.]

AN ACT

To extend the litaits of the special school district of Carroll, Fairfield county, (

Section 1. Be it enacted by the General Assembly of the State of C
That certain lands shall be included in the special school distric
Carroll, Fairfield county, Ohio, and shall be taken from the follov
townships of Fairfield county, Ohio, viz.: From Violet township, !
from Bloom township, 606; from Greenfield township, 883; from Lib
township, 296; making in all 1931 acres, more or less. And the h
of said special school district shall be bounded and described as folic
Beginning at a stone at the northwest corner of the southeast qua
of section 36, township 15, range 20, in the county of Fairfield, J
of Ohio; thence south on the half section line to a stone on the sec
and township line between the townships of Violet and Bloom in
county; thence south on the half section line across section No. 1

581

Bloom township, to the north line of section 12 in said township; thence
west with said section line to the west line of Jane Benson's land; thence
south with said Benson's west line to the Lancaster and Winchester pike;
thence west on said pike to the west line of Benjamin F. Coff man's land;
thence south with said Coffman's west line to the north line of section 13
of said township; thence east on said section line to the lands of W.
Holmes; thence south to the southwest corner of said Holmes' land;
thence east to the township line between Bloom and Greenfield townships;
thence south with said township line to the southwest corner of the lands
of John Wilson's estate; thence east with said Wilson's south line to
the east line of section 18 in said Greenfield township, the same being
the west line of E. E. Mason's estate; thence northeast with the south
line of the said Mason land to the east line of H. D. Drum's land, the
same being the half section line of section 17 of said Greenfield township;
thence north on said half section line to the center of said section 17;
thence east on the half section Hne to the southeast corner of J. Grubb's
land; thence north, then east with said Grubb's line to the east line
of said section 17; thence north with said section line to the northeast
comer of same; thence west with the north line of said section 17 to the
lands of L. CoflFman; thence north with the east line of said Coffman to
his northeast corner; thence west wth said Coffman's north line to
the east line of G. Metzger's land ; thence north with the east line of said
Metzger's land to the lands of Eli Bates; thence east, then north with
said Bates' line to the north line of section 8 of said township; thence
east to the southeast corner of J. Wilbert's land; thence north on the
county road to the north line of section 5 in said township; thence west
on the township line between <jreenfield and Liberty townships to the
cast line of E. ShaefFer's land in section 31, Liberty township; thence
north with said Shaeffer's east line to the northeast comer of same; thence
westward with the line of said Shaeffer and J. Struckman's north line to
the west line of said section 31, also the tofwnship line between Liberty
and Violet townships; thence south to the half section corner, the lands
of Mary Dunlap; thence west on the half section line to the beginning.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 164L

[House Bill No. 566.]

AN ACT

For the relief of Jonas Lynn, treasurer of special school district, No. 2, township of
Beaver, county of Mahoning and state of Ohio.

Whereas, On the first day of December, 1896, Jonas Lynn was
treasurer of special school district No. 2 in Beaver township, county
of Mahoning and state of Ohio, and as such treasurer had on deposit
with the banking firm of J. Esterly and Co., in the village of Columbiana,

582

Ohio, the sum of one hundred and twenty-nine dollars and ninety-t
cents.

Whereas, On the first day of December, 1896, J. Estcrly, the mj
ager and principal ownef of said banking institution of J. Esterly a
Co., died, and that said bank was not opened from the death of si
J. Esterly until after receivers were appointed to 'wind up the affa
of said company on the twenty-first day of December, 1896.

Whereas, The receivers of said banking company will not be a
to realize on the assets coming into their hands a sufficient amount
pay the liabilities of said banking company in full.

Whereas, The said Jonas Lynn, treasurer as aforesaid^ was :
furnished with and did not have a proper safe in which to keep s
funds.

Whereas, The said banking institution of J. Esterly and Co., di(
large and seemingly prosperous banking business; had on deposit a la:
amount of money and enjoyed the coiSdence of the people in the co
mtuiity in which they did business.

Whereas, There is in the treasury in said special school disti
No. 2, aforesaid, funds sufficient that it will not be necessary to 1<
additional tax to carry into effect the provisions of this act.

Whereas, Eighty-six per cent, of the electors and eighty-nine ]
cent, of the tax-paying electors of said special school district No
liave by their petition expressed a desire to have the said Jonas L)
and the sureties upon his official bond released from any loss or liabilil
growing out of the failure of said banking company; therefore.

Section 1. Be it enacted by the General Assembly of the State of Oi
That Jonas Lynn, as treasurer of special school district No. 2, in Bea
township, Malioning county, and the state of Ohio, and the sureties
his official bond as such treasurer, be and the same are hereby relies
from the payment to said special school district No. 2, or either or ;
of the said officers thereof, whatever part of the said sum of one hund
and twenty-nine dollars and ninety-two cents shall remain unpaid
the said Jonas Lynn from the said receivers of the said banking cc
pany upon the settlement of its affairs.

Section 2. -This act shall take effect and be in force from i
after its passage. HARRY C. MASON,

Speaker of the House of Represeniati\
ASAHEL W. JONES,
President of the Sen

Passed April 21, 1898. 165L

[House Bill No. 585.]

AN ACT

To authorize the board of education of Youngstown city school district, Mahoi
county, Ohio, to increase the levy for the purpose of paying off the indcb
ness and continuing the schools in said district

Section 1. Be it enacted by the General Assembly of the State of Oi
That the board of education, of the Youngstown city school district
the county of Mahoning, be and they are hereby authorized to lev;

583

tax not to exceed three mills on the dollar annually, on all the taxable
property in said district[s], in addition to the levy now authorized by law
for the continuance of the schools in said district, said tax to be levied
and collected in the same manner as taxes for the common school funds
are levied and collected.

Section 2. This act shall take effect and be in force from and
«fter its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Seriate.
Passed April 21, 1898. 166L

[House Bill No. 645.]

AN ACT

To establish a special school district in Marion township, Allen connty, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That a special school district in the township of Marion, county of Allen
and state of Ohio, to be known as the Landeck special school district,
be and the same is hereby established in and of the following described
territory, to wit: Beginning at the northwest corner of section three (3)
Marion township, Allen county, Ohio, on the county line between Allen
and Van Wert counties; thence east on said line to the Miami and
Erie canal; thence south on said canal to the southeast comer of the
northeast quarter of section thirteen (13) in Spencer township, Allen
county, Ohio; thence west on said road one mile to the Delphos and
Spencerville pike; thence south on said pike one mile to the southeast
corner of the northeast quarter of section twenty-three (23) in Spencer
township, Allen county, Ohio; thence west on said line two (2) miles
to the Van Wert county east line; thence north on said county line to
^he place of beginning.

Section 2. Said special school district shall be entitled to receive
its proportionate share of the school funds, and the funds levied for
incidental expenses in accordance with the enumeration of 1897 school
children entitled to attend school, said funds being those now collected
within the township or county treasuries, but this provision shall be
stibject to the limitation contained in the succeeding section of this act.
"Said special school district shall be governed by such as are now, or may
liereafter be in force relating to special school districts.

Section 3. This act shall take effect and be in force from and
ofter its passage, but it is not to affect any existing contracts of the board
of education of said township pertaining to the schools now existing
therein, but said existing contracts, if any, shall be executed according to
the terms thereof.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 167L

684

[Senate Bill No. 385.]

AN ACT

To amend an act entitled "An act to authorize the commissioners of any coun
containing a cit)* of the second grade of the second class, to levy an addition
tax for general or county purposes," passed May 9, 1894 (O. L., vol. 91, paj
716), and an act entitled '* An act to regulate the levying of taxes for judicia
purposes in certain counties," passed April 27, 1896 (O. L., vol. 92, page 685).

[MONTGOMERY COUNTY.]

Section 1. Best enacted by the General Assembly of the State of Ohi
That section 1 of an act entitled "An act to authorize the commissionei
cf any county contaii^ing a city of the second grade of the second clas
to levy an additional tax for general or county purposes/' passed May 1
1894, be and is hereby amended so as to read as follows:

Sec. 1. That the county commissioners of any county containing
city of the second grade of the second class, be and they are hereb
authorized to levy annually, upon all the taxable property of such count
a tax not exceeding eight-tenths of one mill on the dollar on all the ta)
able property of said county, in addition to the taxes now or hereaft(
authorized by law, for general or county purposes of such county, an
the commissioners of such county are authorized to transfer money froi
the fund herein provided for, to the judiciary fund of such county, i
occasion or necessity may from time to time require.

Section 2. That section 1 of an act entitled **An act to regulai
the levying of taxes for judiciary purposes in certain counties," pass€
April 27, 1896, be and is hereby amended so as to read as follows:

Sec. 1. That in addition to other levies authorized by law it wi
be the duty of the commissioners of any county of the state of Ohi<
containing a city of the second grade of the second class, and they ai
hereby authorized at their June session annually, to levy on each dolU
of the valuation of taxable property within such county, not to excee
one mill, for judiciary purposes, the proceeds of such levy to be place
in a separate fund to be called the judiciary fund. Said fund shall t
applied to the payment of all court expenses, including salaries of judge
official stenographers, coroner's fees, all justices, mayor, constable an
witness fees, and all other expenses incidental to the administration (
justice in said county, and any other expenses ordered by any and a
courts of said county.

Section 3. That said original acts be and the same are hereb
repealed.

Section 4. That this act shall take effect and be in force from an
after its passage.

HARRY C MASON,
Speaker of the House of Representative

ASAHEL W. JONES,
President of the Senate
Passed April 21, 1898. 168L

585

[Senate Bill No. 296.]

AN ACT

To regulate the time of running of street cars over street-railways in cities of the
first grade of the first class.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That all street-railway companies owning and operating a street-rail-
way, in whole or in part, in cities of the first grade of the first class,
whether operated by electricity, cable, compressed air, or any motive
power other than horses or mules, shall run and operate street-cars,
which shall be open for passenger traffi<:, over ancf upon that part of said
street-railway lying and situated in said cities of the first grade of the
first class, at no greater intervals than one hour, both night and day,
on each day of the week; and any street railway company violating the
provisions of this act, shall, upon conviction, be fined in any sum not
less than twenty-five (|25) dollars, nor more than one hundred (flOO)
dollars per day that such street-railway company shall fail to run its
cars over and upon said railway at the intervals required in this act;
and it is hereby made the duty of the prosecuting attorney of each county
of this state containing a city of the first grade of the first class to
institute the necessary proceedings to enforce the provisions of this act.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 21, 1898. 169L

[Senate Bill No. 441.]

AN ACT

For the relief of the estate of John G. Birk, late treasurer of Crawford county, Ohio.

Whereas, John G. Birk was duly elected, qualified, and served as
county treasurer of Crawford county two terms, the first term com-
mencing September 2, 1872, and the second term two years thereafter;
and,

Whereas, It is claimed that during his said two terms of office
he became and was entitled to the legal fees hereinafter stated, which,
by reason of certain errors and omissions made by the county auditor
of said county, were not allowed and paid to him, and the same have
not been paid to him during his life time, nor to his estate since his death,
to wit: For the year 1874, |1,194.28; for the year 1875, |1,332.76; for
the year 1876, 11,300.23; total, f3,827.22; and.

Whereas, Said errors and omissions were not discovered by said
John G. Birk during his lifetime, and has only come to the knowledge
of his administrator and his heirs within the last year; therefore.

686

Section 1. Be it enacted by the General Assembly of the State of 0
That upon the petition of the administrator of said estate filed in
^ourt of common pleas of said county, and after thirty days' notice
the prosecuting attorney of said county, said court of common pi
shall appoint a special master commissioner, who shall examine i
claim and report all the testimony offered in support thereof and aga
the same to said court, together with his findings of facts thereon.

Section 2. Upon the filing of said report, the prosecuting attor
may except thereto, and may offer testimony in support of such exc
tions, and the administrator may offer testimony to sustain said rep
and the court shall thereupon find whether the errors and omissi
alleged herein occurred, and the amount, if any, due said estate
reason thereof, and shall cause such finding to be entered upon
journal of the court, and the clerk of said court shall thereupon cer
said entry to the county commissioners of said county. Said court s
make such order as to costs as shall be just and reasonable.

Section 3. Either the administrator of said estate, or the pre
cuting attorney may except to the decision of said court and the si
may be reviewed in the circuit court by proceeding in error.

Section 4. If the final decision shall be in favor of the admi
trator of said estate, the county commissioners shall order the ecu
auditor to draw his warrant upon the county treasurer in favor of !
administrator for the amount so as aforesaid certified to be due.

Section 5. This act shall take effect and be in fprce from
after its passage.

HARRY C. MASON,
Speaker of the House of Representati

ASAHEL W. JONES,
President of the Sn
Passed April 21, 1898. 170L

[Senate BiU No. 332.]

AN ACT

Tor the relief of Francis M. Ranck and others for services rendered the co
commissioners of Franklin county.

Section 1. Be it enacted by the General Assembly of the State of C
That the board of county commissioners of Franklin county, be
hereby are authorized, directed and empowered to pay out of the ^
eral revenue fund, for services rendered as janitors at and for the co
house of Franklin county for the months of February and March, 11
to the following named persons, the respective sums herein mentioi
to wit: Francis M. Ranck, one hundred and sixty dollars; Tho
Murnane, one hundred and sixty dollars; John Crenane, one hunc
and thirty dollars; Adam Reeb, one hundred and ten dollars; He
Pryor, one hundred and ten dollars; Lewis Sarber, one hundred
ten dollars; Jerry Conroy, one hundred and ten dollars; Edward Fr
one hundred and ten dollars; George E. Jacobs, one hundred and
dollars: estate of John Helmbrecht, thirty-two dollars and fifty ce
said sums to be paid on the order of the auditor of said county.

587

Section 2. This act shall take effect and be in force from and
after its passage-.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 171L

[Senate Bill No. 439.]

AN ACT

To authorize the trustees of Pleasant township, Hardin county, Ohio, to transfer

certain funds.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of Pleasant township, Hardin county, Ohio, be and
they are hereby authorized to transfer two thousand dollars (|2,000)
of the poor fund of said township as follows : Five hundred dollars (f500)
of said fund to the bridge fund, and fifteen hundred dollars (|1,500)
of said fund to the general township fund.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 172L

[Senate Bill No. 607.]

AN ACT

To authorize the commissioners of Cuyahoga county to acquire a site and erect new

county buildings thereon.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Cuyahoga county, Ohio, be authorized to
issue and sell bonds of such county, to be known and designated as
"county building bonds," in a sum not exceeding one million five hun-
dred thousand dollars (|1,600,000), and in denominations of not less
than 91,000, and to bear interest at a rate not to exceed four per centum
per annum, payable semi-annually, as such county commissioners may
determine in the manner prescribed by law, and which bonds shall be
payable fifty years from date, and may be redeemed after thirty years
from the date of their issue at the option of the commissioners of such
connty.

Section 2. The commissioners of such county are hereby author*
ized, from the funds derived from the sale of such bonds, to expend
such part thereof as they shall deem necessary to acquire a site, and erect,
equip and furnish new county buildings for such county, upon the terms,
conditions, limitations and restrictions hereinafter mentioned, and sub-

588

ject to the general laws regulating the erection of public buildings within
this state, which do not conflict or arc at variance with this act.

Section 3. The bonds so authorized to be issued as aforesaid,
shall be signed by the county commissioners and countersigned by the
county auditor, and shall be sold for not lc\ s than par and accrued interest
and in the manner provided by law.

Section 4. The commissioners of such county, for ihe purpose of
paying the interest and principal of such bor.ds, shall annually, at their
June session, levy not exceeding one mill on the dollar upon all the
taxable property in such county, in addition to all other taxes authorized
to be levied by law, a sum sufficient to pay the interest on such indebt-
edness, and create a sinking fund for the redemption of such bonds as
may be redeemed at the option of the county commissioners after thirty
years from the date of the same.

Section 5. Should the commissioners of such county neglect or
refuse to levy such taxes regularly at the times herein provided, the
county auditor shall levy and place upon such taxable property the amount
necessary for the purpose aforesaid, and place the same apon the tax
duplicate to be collected by the treasurer of such county.

Section 6. All 4axes levied and collected under this act for the
purpose of such sinking fund shall at each semi-annual settlement with
the county treasurer be reported by the county auditor to the county
commissioners and by the county auditor placed in a separate fund to
be known as the "county buildings sinking fund," and together with
any interest thereon shall be loaned out by the county commissioners
at such a rate of interest as may be for the best interests of the county;
and all interest on such money shall be placed to the credit of such sink-
ing fund and become a part of the same. All moneys belonging to
such sinking fund shall be applied only to the payment of the obligations
for which such taxes are levied, and shall be diverted to no other use.

Section 7. The judges of the common pleas court of such county
shall appoint three citizens, residents of such county, all of whom shall
not belong to the same political party, who shall act with the commis-
sioners of such county, and with them compose a county buildings com-
mission for the selection and purchase of a site, the approving of plans
and specifications for such county buildings, for the sale of the bonds
provided for in this act, and for the letting of any and all contract^
for the whole or any part of the work or material used in constructing,
equipping and furnishing of such county buildings, and shall be notified
of and shall sit, act and vote at all meetings of such commissioners when
any matter is to be considered or acted upon by such commissioners in
any way connected with the sale of bonds, for the location or purchase of
a site and the erection, equipping and furnishing of such county build-
ings, and may enter into all discussions relating to any part of the same,
and shall have free access at all times to all books, papers, contracts, or
memorandums pertaining thereto as freely and fully as such commis-
sioners. No act of such commission involving the expenditure of money
shall be valid unless it shall be approved by at least four of its mem-
bers upon a call of the "yeas" and "nays," duly entered on its journal.

Section 8. Such three citizens shall also examine the work upon
such county buildingrs from time to time as it progresses, and with suf-
ficient frequency to be fully advised as to the class of work being done

689

thereon, and shall call attention of each of. such county commissioners,
and of the superintendents, and of the architects of such luilding, and
of the county solicitor of such county, to any defect in maten.il or work-
manship which they, or either of them, may observe, and to an> act which
they, or either of them, deem wrong or unjust to such county; and they
shall each receive as compensation for such labor and service the sum
of one hundred dollars per month, to be paid from such county building
fund upon the warrant of the auditor of such county drawn upon the
treasurer of such county; and such compensation to continue until such
buildings are completed, equipped, furnished and accepted by such county
buildings commis3ion; it being the intention hereof- that in all matters
pertaining to the location, and purchase of a site to the approval of
the original plans and specifications for such county buildings, and any
change or alteration therein, and in any and all matters affecting or
connected with the sale of bonds, acceptance of bids, approving of plans,
estimates and contracts, or otherwise, except the signing of any bonds
issued, such three citizens shall each have the same authority as any
one of such county commissioners.

Section 9. Such three citizens shall, before entering upon the dis-
charge of their duties as herein provided, give a good and sufficient bond
to such county, conditioned for the faithful discharge of their duties
under this act, and to the acceptance of the county solicitor of such
county, in the same sum as that required of the county commissioners
and take an oath similar thereto for the faithful discharge of their duties.

Section 10. In case a vacancy occur in such commission by reason
of the death, resignation, removal or otherwise, of either of such three
citizens, the vacancy so created shall be filled by appointment by the
judges of the common pleas court.

Section 11. There shall be a superintendent employed by such
county buildings commission who shall give a bond conditioned accord-
ing to law in the sum of ten thousand dollars, for the faithful performance
of his duties, and shall devote his whole time and attention to the supv-
intending the erection, equipment and furnishing of such county build-
ings, and to seeing that all specifications and terms of contract as to
materials, workmanship, and in every other respect, are fully kept and
performed, and that the county is fully protected against all losses which
might arise from negligence or dishonesty of contractors or their em-
ployes; and he shall receive as compensation. for such services the sum
of two thousand five hundred dollars per annum, to be paid him in equal
monthly installments on the warrant of the county auditor, by the treas-
urer of such county from such county building fund.

Section 12. The superintendent and the architect in addition to
the repcMls in writing required in section fourteen shall, at the same time,
or oftener if so required by the county solicitor of such county, make
similar reports to him, and in such case each of them shall, without delay,
report to him in writing any departure from the plans and specifications
which they may discover or which may come to their knowledge, and
upon the failure, if such there be, of such county buildings commission
to have the wrong at once corrected, such county solicitor shall take
such action as in his opinion may be necessary to protect the interests
of such county.

690

Section 13. The architect of such building and appurtenances

who may be employed by such county buildings commission, shall give
a bond to such county to the approval of such commission and in a sum
not less than fifty thousand dollars, conditioned for the faithful discharge
of his duty as such architect, and that he will prevent all changes and
alterations in the plans and specificsctions that will add to or reduce
cost or expense of erecting, equipping and furnishing such buildings or
surroundings, over or under the original contract price or otherwise
permit any such changes or alterations, without the written consent and
agreement as to the increased or reduced expense or otherwise for such
or any change or alteration, being first given thereto in writing duly
signed by such county buildings commission.

Section 14. The architect and the superintendent of construction
shall at least once in each thirty days or oftener, if requested by the county
buildings commission, report to them in writing, the progress of such
work after the construction of such building is actually begun and while
in progress, and as to whether such work is being done as expeditiously
as is proper and reasonable and in all respects according to the plans,
specifications and agreements for such materials and workmanship; and
such commission shall examine such reports at each time made, and by
resolution spread upon their journal accept such report, if proper, and
order the same filed with the county commissioners of such county, to
be kept for the inspection of any and all persons desiring to examine
the same.

Section 15. All the proceedings of the county buildings commis-
sion shall be recorded by the clerk of the county commissioners in a
separate journal to be provided for that purpose, and be kept in the
office of the county commissioners, and which shall be open for public
inspection at all reasonable times. It shall be duly certified by the pres-
ident of such commission and its clerk, and shall be received in evidence
in any of the courts of this state.

Section 16. This act shall take effect on its passage.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,

Passed April 21, 1898. 173L

[House Bill No. 515.]

AN ACT

To create a special school district in Warren township, Jefferson county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That there is hereby created a special school district in Warren town-
ship, Jeflferson county, Ohio, to be known as special school district No.
9, and the same shall embrace all the territory now included in subdistrict
No. 9, Warren township, Jefferson county, Ohio, to wit: Beginning at
the northeast corner on Uie Ohio river at the mouth of Short creek,
running in a northwestern direction along the line of Warrenton inde-
pendent district, to the mouth of Williamson's run; thence along the

591

line between Bucy and Bigger farms to the Benj. Sweezy line; thence
between Sweezy and Large farms to the line of John Neel; thence be-
tween John Neel and Large Neel and McCleary, also Neel farms, John-
son to the line of George Quster along the line between Chester and
Sixsmith farms to the line of Andrews; thence between Andrews and
Greenley Andrews and Jackson farms to the line of Mrs. Norton's farm;
thence along the line between Norton and Hodgen's farms, also Norton
and Stewart farms to the Ohio river; thence up the Ohio river to the
place of beginning.

Section 2. The board of education of this special district shall be
organized under and governed by the laws of the state of Ohio that
are or may be in force relating to special school boards. Its members-
shall be residents of the district and have the qualifications of electors
therein.

Section 3. Such special school district shall be entitled to receive
its proportionate share of the school funds and the funds levied for school-
house and incidental expenses, in accordance with the enumeration of
the year 1897 of children who are entitled to attend school, said funds
being those now collected within the county or township treasury, and
shall be governed by such laws as now are or may hereafter be in force
relating to special school districts.

Sectjon 4. This act shall take effect and be in force from and
after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

ASAHEL W. JONES,

President of the Seriate.
Passed April 21, 1898. 174L

[House Bill No. 186.]

AN ACT

To provide for the erection of a public vault in the cemetery, in Weston township,.

Wood county, Ohio.

Section 1. Be it enacted by the Getieral Assembly of the State of Ohio,
That the trustees of Weston township. Wood county, shall, on the pre-
sentation of a petition signed by twenty freeholders of said township,
call an election of the voters of said township, upon the question of the
building of a public vault in the cemetery in said township, for the gen-
eral use of the people of said township.

Section 2. Said election may be called to be held at any regular
election to be held in said township, or at a special election called for
such purpose, notice of which election in either case, shall be given
by not less than ten'days' notice by two consecutive publications of same,
in some newspaper of general circulation in said township.

Section 3. The ballots to be used at such election shall have printed
upon them the words, "For. public vault, at a cost not to exceed two
thousand five hundred dollars — Yes," or "For public vault, at a cost
not to exceed two thousand five hundred dollars — No." Such election-

692

shall be held in such manner, and at such place, as the elections in said
township are usually held.

Section 4. In case a majority of votes cast at such elections shall
be in favor of the erection of a public vault, the trustees of said town-
ship shall at their annual meeting next held, for the purpose of making
the annual levy of taxes, levy a tax, upon all the taxable property of
said township in the same manner as other township taxes are levied,
not to exceed one and one-half mills. And should such tax of one and
one-half mills, not be able to produce the sum required to construct such
public vault, then the trustees of said township shall issue the bonds of
said township for the sum of twenty-five hundred dollars at once and
offer them for sale. Provided, that said bonds must be sold at not
less than face value, and at a rate of interest not to exceed six per cent,
per annum. The trustees shall levy annually thereafter, one and one-
half mills for such public vault, provided, that the whole time to be
covered shall not be more than three annual levies; and provided, fur-
ther, that any moneys remaining from such levies after the bonds and
their interest shall have been fully paid, shall be expended in beautifying
the immediate surroundings of such public vault.

Section 5. Said bonds shall be in the sum of eight hundred and
thirty-three and one-third dollars each ; shall state on their face the date
of issue; by whom issued; to whom issued; the act under which issued;
the purpose for which issued; the rate of interest; the time of payment,
and shall not be sold at less than face value or draw more than six per
cent, per annum.

Section 6. In case such vote carries, then the township trustees
and the trustees of the cemetery shall constitute a "building committee"
to have charge of the location and construction of said public vault;
provided, that when such vault is completed, the trustees of said to^Ti-
ship may commit to the care of said cemetery trustees, said public vault,
subject to such rules and regulations as such township trustees may
devise for its management.

Section 7. This act shall be in full force and effect on and after
its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 175L

[Senate Bill No. 404.]

AN ACT

To create court and election funds for Greene county.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Greene county, Ohio, are hereby
authorized annually, to levy not to exceed one-half of one mill on the
dollar on the taxable property of said county, to create a court fund,
and one-tenth of one mill on the dollar to create an election fund.

593

Section 2. Said funds shall be expended as follows: the court
fund shall be expended for the payment of all court expenses of the
various courts of the county payable out of the county treasury, and
in case at any time said fund shall prove inadequate for such purpose,
then the general fund of the county shall be drawn upon for payment
The election fund shall be expended for the payment of all the election
expenses of the county, payable out of said treasury, and if at any time
the amount of the election fund shall be insufficient for such purpose,
then the general fund of the county shall be drawn upon for the pay-
ment of the same.

Section 3. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,

Passed April 21, 1898. 176L

[Senate Bill No. 248.]

AN ACT

For the relief of Edv^ard Faught, Matthew Murray and Michael O'Farrell, sureties
on the official bond of Frank M. Doudna, late township treasurer of Salt Lick
township, Perry county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That Edward Faught, Matthew Murray and Michael OTarrell, as sure-
ties on the official bond of Frank M. Doudna, late township treasurer
of Salt Lick township, Perry county, Ohio, be relieved from the payment
of thirteen hundred dollars on said official bond.

Section 2. Before said relief shall be granted to said sureties, the
question for such relief shall be submitted to the qualified voters of said
township, at the regular fall election held in November, 1898. And
if a majority of the votes cast be in favor of said release, it shall be
granted; and it shall be the duty of said township clerk of said township
to post notices of such proposed relief in at least three of the most
public places in each voting precinct in said township, at least ten days
prior to said election.

Section 3. The tickets for such proposed relief shall have written
or printed thereon the words, "For the relief of sureties on official bond
of Frank M. Doudna — Yes;" "For relief of sureties on official bond
of Frank M. Doudna — No," or said words may be printed upon
the official ballot cast for township officers at said election, and if printed
upon said official ballot the majority of votes cast shall be determined
with reference to the number of votes cast upon the question so sub-
mitted, without reference to the number of total votes cast at such elec-
tion for township officers.

Section 4. This act shall be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 177L

594 ■" '\ •;

[Senate BiU No. 339 J

AN ACT

Xo amend an act entitled "An act to authorize the -trustees of certain townships in
!!^. Fulton county, Ohio, to levy taxes to improve public highways in said town-
^... .ships," as amended March 2, 1898.

Section 1. Be U enacted by the General Assen^ly of the State of Ohio,
That an act entitled "An act to authorize the trustees of certain town-
ships in Fuhon county, Ohio, to levy taxes to improve the public high-
ways in said townships," as amended May 9, 1894, and as amended
March 2, 1898, be. amended so as to read as follows:

Sec. 1. That the trustees of the several townships, to wit, German,
Clinton, York, Chesterfield, Dover, Gorman, Franklin, Pike, Royalton,
Amboy, Fulton and Swancreek, in the county of Fulton, in the state of
Ohio, be and are hereby authorized to levy said assess .upon the taxable
property of their respective townships, a tax not exceeding four (4) mills
ki any one year, upon the dollar valuation of the taxable property af
aaid townships, in addition to other taxes authorized by law, for the
purpose of improving by macadamizing or graveling, the public high-
ways in said townships, respectively, as may be deemed expedient or
neeessary by the board of trustees of said township[s], and for no other
purpose.

Section 2. Provided, however, that as to German township, the
provisions of section 1 of this act shall apply only to that portion of
said German township which lies outside of the limits 6f the incorporated
village of Archbold.

Section 3. That said act as amended May 9, 1894, and as amended
March 2, 1898, is hereby repealed, and this act shall take effect and
\e in force from and after its passage.

HARRY C MASON,
' Speaker of the House of Representatitfes.

] ASAHEL W. JONES,

President of the Senate.
\ Passed April 21, 1898. 178L

[House Bill No. 790.]

AN ACT

To providejfor the collection, removal and destruction or re.duction of garbage and
|night-soil in cities of the second grade of the first class.

[CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the StcUe of Ohio,
That any city of the second grade of the first class is hereby authorized
to provide for the collection, removal and destruction or reduction of
^rbage and night-soil, and to make necessary contracts therefor, for
a period of time not to exceed ten years ; and section 2702 of the Revised
Statutes of the state of Ohio, and section 73 of an. act passed March 16,
1891, to provide a more efficient government for cities of the second
grade of the first class, and any other law now in force relating to the

685

certificate of the city auditor, to the effect that money is in the treasury,
shall not apply to contracts made hereunder.

Section 2. For the purpose of providing the necessary money
for paying the cost and expense of the collection, removal and destruc-
tion or r^uction of garbage and night-soil, or either of them, as pro-
vided in section one hereof, the council of any such city is hereby author-
ized to provide by ordinance for charging the whole or any part of the
cost of the collection, removal aiid destruction or reduction of garbage
and night-soil to the owner or occupant of any and all premises from
which such garbage and night-soil is collected, and to collect such cost
and expense from such owner or occupant; and in addition thereto
the council of' any such city is hereby authorized and empowered to
levy annually a tax therefor on the property subject to taxation in such
city; and such tax shall be levied and collected in the same manner
as other taxes.

Section 3. This act shall take effect and be in force from and
after its passage.

JOHN R GRIFFITH,
Speaker pro tern, of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 21, 1898. 179L

[House Bill No. 561.]

AN ACT

To create a joint sub-school district out of territory in McDonald, Taylor Creek and
Lynn townships, Hardin county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the territory comprising that portion of McDonald township, Taylor
Creek township and Lynn township, Hardin county, Ohio, described as
follows, to wit: Commencing at the northwest corner of William Myer's
farm in McDonald township; thence south with the west line pf said
William Myer's farm to the center of the Liles pike; thtntt west with
the center of said pike to the northwest corner of P. P. Lyan's farm;
thence south with the west line of said P. P. Lyan's farm to the south-
west corner of said P. P. Lyan's farm; thence east with the south line
of said P. P. Lyan's farm to the southeast corner of said P. P. Lyan's
farm, where it adjoins the farm of D. R. McArthur; thence south with
the west line of said D. R. McArthur's farm and the West line of J./E.
Campbell's farm and the west line of Oss Lile's farm to the southwest
corner of said Oss Lile's north fifty acres of land; thence east with the
south line of the said fifty-acre tract of land owned by said Oss Lile
to the'southwest comer of John Pyer's farm; thence east with the south
line of said John Pyer's land to the township line between McDonald
and Taylor Creek township; thence east with the south line of a forty-
acre tract of land owned by David Tough to the southeast corner of
said tract; thence north with the east line of said forty-aCre tract to
township road; thence east with said township road to the sotitheast
comer of Hardin Lile's twenty-five acres of land ; thence north with the
east line of said tract to the southeast corner of a twentv-five acre tract

696

of land owned by L. S. Lile; thence north with the east line of said
tract; thence north across a tract of land owned by Isaac Philips to south
line of the William Jordan farm; thence east to the southeast corner
of the old Lile's farm; thence north with the east line of said Lile's
farm to the center of the Lile's pike, being the line between Taylor
Creek and Lynn townships; thence east with the center of said pike
to a point opposite a fence on the east side of residence of Ott Wilson
on land owned by William Lawrence, ^aid fence running north through
or near the center of that portion of said Lawrence's farm lying west
of the Gun and Yelverton road; thence north with said fence to the
north line of said tract of land belonging to William Lawrence; thence
west to the northwest corner of said William Lawrence's farm, being
the line between Lynn and McDonald townships; thence south with the
line of said William Lawrence's land to the northeast corner of a twenty-
acre tract of land owned by Catherine Curtis; thence west with the north
line of said twenty-acre tract to the northeast corner of a ten-acre tract
of land owned by Lew Freshcom; thence west with the north line of
said tract to northeast corner of William Myer's land; thence west with
north line of said William Myer's land to place of beginning, be and the
same is hereby created and declared to be and constitute a joint sub-
school district.

Section 2. Such joint sub-school district shall be governed and
controlled in all respects by such laws as are now or may hereafter be
in force relating to joint school districts, and shall be under the control
of and subject to the board of education of the township in which the
school-house may be situated; provided, there shall be elected in the
aforesaid joint sub-school district one director and two subdirectors and
for such terms of office as provided by law; and, provided further, that the
boards of education of each of the aforesaid townships shall, at a joint
meeting thereof, held for that purpose within sixty days from and after tht
passage of this act by mutual agreement establish the location of the
school-house for said joint sub-school district and designate a site whereon
to erect such building in accordance with the provisions of section 8928
of the Revised Statutes.

Section 3. This act shall take effect and be in force from and
•after its passage.

JOHN K GRIFFITH,
Speaker pro tern, of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 180L

[House Bill No. 680.]
AN ACT

For the relief of Edward L. Watts, ex-treasurer of Marshall township, Highland

county, Ohio.

Whereas, Edward L. Watts was at the April election, A. D. 1891,
duly elected township treasurer of the township of Marshall. Highland
county, Ohio.

597

Whereas, As such treasurer he in good faith deposited certain
funds of said township in the Citizens' National bank of Hillsboro, High-
land county, Ohio; and,

Whereas, Said, Citizens' National bank did on the ninth (9) day of
June, A. D. 1893, fail and suspend payment; and.

Whereas, The receiver of said bank has paid upon the amount
of said township funds so deposited in said bank, and being at the time
of its failure the sum of two hundred and ten dollars aud eighty-nine
cents (1210.89), a dividend of sixty per cent., to wit: the sum of one
hundred and twenty-six dollars and fifty-four cents (f 126.54); and,

Whereas, Said receiver will be able to pay only a small portion
of said balance of eighty-four dollars and thirty-five cents (|84.35), leav-
ing the balance uncollectable^ for which Edward L. Watts has settled
in full with the township trustees of said Marshall township; and,

Whereas, A large number of the resident taxpayers of said town-
ship have petitioned this general assembly for the relief of said Edward
L. Watts by authorizing the township trustees of Marshall township.
Highland county, Ohio, to refund to said Edward L. Watts the sum
so paid by him on account of the failure of said Citizens' National bank
of Hillsboro, Ohio; therefore,

Section 1, Be it enacted by the General Assembly of the State of Ohio,
That the township trustees of Marshall township, Highland county, Ohio,
be and they are hereby authorized and empowered by suitable resolution
and act to refund the said Edward L. Watts the said sum of eighty-
four dollars and thirty-five cents (|84.35), provided that before said sum
is refunded the township trustees shall submit the proposition to the
qualified electors of said township at a general election and if it appears
that a majority of the votes cast at such election are in favor of said
proposition then the trustees shall refund said sum.

Section 2. And any and all dividends hereafter paid by the said
receiver of the Citizens' National bank shall be paid to the treasurer of
Marshall township as funds of said township.

Section 3. This act shall take effect and be in force from and
after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 181L

[House Bill No. 658.]

AN ACT

For the relief of Rosa Duvall.

Whereas, Rosa Owens, now intermarried to John Duvall, was em-
ployed by the directors of subdistrict number nine, in Dixon township,
Preble county, Ohio, to teach a term of school in said subdistrict in the
years 1888 and 1889, and on her part fully carried out her contract with
said directors, and taught a satisfactory school; and,

of land owned by L. S. Lile; tti.
tract; thence north across a tract <
line of the William Jordan farn^
of the old Lile's farm; thence i
farm to the center of the Lile'
Creek and Lynn townships; t\
to a point opposite a fence on
on land owned by William La\
or near the center of that por
of the Gun and Yelverton ro
north line of said tract of lane
west to the northwest cornei
the line between Lynn and ^
line of said William Lawrenc
acre tract of land owned by (
line of said twenty-acre trai
of land owned by Lew Fr
said tract to northeast corr
north line of said William
same is hereby created a^
school district.

Section 2. Such j
controlled in all respects
in force relating to joint
of and subject to the b-
school-house may be ^
aforesaid joint sub-sch<
for such terms of office
boards of education o
meeting thereof, held '
passage of this act \
school-house for said
to erect such buildir
of the Revised Sta^

Section 3. 7
•after its passage.

Passed Apr

For the relief

Where
duly elected
county. Oh

-r ^

"^-^ 1^7 Of

S»9

ill take effect and be in force from and

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES, '
President of the Senate.
183L

Senate Bill No. 378.] ^

AN ACT

aught, Charles C Marsh and John Arnold, sureties o*
1^ M. Doudna, late corporation treasurer of the Tillage
y, Ohio.

icted by the General Assembly of the State of Ohio^

Charles C. Marsh and John Arnold, as sureties

- • ^"rank M. Doudna, late corporation treasurer of

Perry county, Ohio, be relieved from the payr

lifficial bond.

. e said relief shall be granted to said sureties the

shall be submitted to the qualified voters of said

general election held in November, 1898, and if

• . _ ces cast be in favor of said relief it shall be granted

'^ = y of said village clerk of said village to post notices

- _ f in at least three of the most public places in each

_ ^^JI d village, at least ten days prior to said electioii«

' ' : i tickets for said proposed relief shall have written

- iie words, "For relief of sureties on official bond of

"-• . : ^ — Yes;" "For relief of sureties on official bond 0<

"• ; . - — No." Or said words may be printed upon the

^ - ■ - J ' r village officers at said election, and if printed upoa

"^ - -7 ~ '^ the majority of votes cast shall be determined with

- •. ..." mber of votes cast upon the question so submitted,

. . _Z_ o the r umber of total votes cast at such election for

'-., 1- . r - ^^^ ^^^ ^^^^^ ^^ ^^ force from and after its passage.
' ■— • f'-" HARRY C. MASON,

.*"t:irr zi Speaker of the House of Representatives,

^'- 1^—-. ASAHEL W. JONES,

" ' ■^'T.-'nr rrr President of the SenalU,

-' ^: rr:^: ; 1 21, 1898. 184L

•1 •

" *'*25rcr3fjr; r

598

Whereas, She is unable to demand and receive a balance of flSO
due her for her said services, by reason of the fact that she had no cer-
tificate to teach during the time covered by said unpaid balance; now
therefore, #

Section 1. Be it enacted by the General Assembly of the State of Ohio^
That the township clerk of Dixon township, in Preble county, shall be,
and he is hereby required to draw his order as such clerk on the town-
ship treasurer of sai ! Dixon township in favor of said Rosa Duvall
for the sum of one Lnudred and eighty dollars (f 180), and said township
treasurer shall pay said order so drawn out of any funds in his hands
belonging to the school funds of said township and applicable to the
payment of teachers.

Section 2. This act shall take eflfect and be in force from and
after its passage.

JOHN E. GRIFFITH,
Speaker pro tern, of the Hot4se of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 182L

[Senate Bill No. 337.]

AN ACT

For the relief of Amos W. James, ex-treasurer of Morrow county, Ohio.

Whereas, Amos W. James of Morrow county, Ohio, was the duly
elected and qualified treasurer of said county, from September 4, 1889,
to September 5, 1893, and as such treasurer received and accepted checks
on the Cardington banking company, an old established banking insti-
tution, of good standing in said county, and said checks together with
tax receipts amounting in the aggregate to f2,824.76 were, as was the
long established custom, sent to the bank for collection, pending the
semi-annual settlement with the county auditor; and.

Whereas, On the 16th day of August, 1893, before said settlement
was completed, the said Cardington banking ^company made an assign-
ment for the benefit of its creditors; and.

Whereas, Said Amos W. James, accounted for said sum upon the
expiration of his term of office and paid the same over to his successor
in office as such treasurer; and.

Whereas, The said assignment has been fully settled, and the assets
of said Cardington banking company, have been fully distributed, and
there remains due and unpwud to said Amos W. James of said sum of
^,824.76, a balance of |905.96; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of said Morrow county are authorized and
directed to refund and pay to said Amos W. James said sum of |905.96,
and that the auditor of said county be authorized and required to draw
his warrant on the treasurer of said county for the payment of said sum
of 1905.96 to said Amos W. James, in full pa)mient of said balance [so]
due him.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES, '
President of the Senate.
Passed April 21, 1898. 183L

[Senate Bill No. 378.] ^

AN ACT

For the relief of Edward E. Faught, Charles C. Marsh and John Arnold, sureties Oft
the official bond of Prank M. Doudna, late corporation treasurer of the Tillage
of Shawnee, Perry county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio^
That Edward E. Faught, Charles C. Marsh and John Arnold, as sureties
on the official bond of Frank M. Doudna, late corporation treasurer of
the village of Shawnee, Perry county, Ohio, be relieved from the pay^
ment of f 800 on said of&cial bond.

Section 2. Before said relief shall be granted to said sureties the
question for such relief shall be submitted to the qualified voters of said
village, at a special or general election held in November, 1898, and U
a majority of all the votes cast be in favor of said relief it shall be granted
And it shall be the duty of said village clerk of said village to post notices
of such proposed relief in at least three of the most public places in each
voting precinct in said village, at least ten days prior to said electioiu

Section 3. The tickets for said proposed relief shall have written
or printed thereon, the words, "For relief of sureties on official bond of
Frank M. Doudna — Yes;" "For relief of sureties on official bond 0<
Frank M. Doudna — No." Or said words may be printed upon the
official ballot cast for village officers at said election, and if printed upoa
such official ballot the majority of votes cast shall be determined with
reference to the number of votes cast upon the question so submitted,
without reference to the r umber of total votes cast at such election for
village officers.

Section 4. This act shall be in force from and after its passage,

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the SenalU.
Passed April 21, 1898. 184L

600

[Senate Bill No. 370.]

AN ACT

To authorize cities of the first grade of the first class to issue bonds to pay for prop-
erty to be hereailer concemned and appropriated for street purposes.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the first grade of the first class, the board of adminis-
tration, or its successors, shall have the power to issue bonds in the
name of such city, and under the corporate seal thereof, in a sum not to
exceed ten thousand dollars (|10,000) dollars, to provide a special fund to
pay the costs and expenses of property to be hereafter condemned and
appropriated to public use for the opening and extending of any road,
street, avenue or highway, or any part thereof, in any such city. Said
bonds shall be made payable not less than ten years nor more than twenty
years from date of their issue, bear interest not exceeding 4 per centum
per annum, be signed by the president of such board of administration,
or of its successors, and by the mayor of said city, and be attested by the
city auditor of such city, and be secured by the pledge of the faith of such
city, and by a tax which it shall be the duty of the board of legislation
of such city annually to levy upon all the taxable property of such city,
and to certify the same to the county auditor of the county in which such
city is situated, upon a certificate from such board of administration,
or its successors, as to the. amount necessary to pay the interest thereon,
and to provide a sinking fund for the final redemption of said bonds.
Said taxes shall be in addition to the amount authorized by law to be
levied for municipal purposes.

Section 2. Said board of administration, or its successors, shall
offer said bonds for sale to the sinking fund trustees of said city, and
if said sinking fund trustees decline to accept the same, said board of
administration, or its successors, shall then advertise said bonds for sale
once a week for four consecutive weeks in a newspaper of general circula-
tion in'said city, and sell the same for not less than the par value thereof
and accrued interest to the highest bidder. The money arising from
the sale of said bonds shall be placed in a fund to be called the *'^)ecial
condemnation fund," and a careful account of said fund shall be kept
by the city auditor.

Section 3. Said fund shall be used only for the purpose of pay-
ing the costs and expenses of property condemned and appropriated
to public use for the opening and extending of any road or roads, street
or streets, avenue or avenues, or highway or highways, or any part thereof,
which may be located in such city, the condemnation and appropria-
tion of which shall have received the recommendation of the board of
administration, or its successors, of such city; and the said fund shall
only be paid out upon a resolution or resolutions passed by the board
of administration, or its successors, of such city specially appropriating
th€ same, and upon vouchers properly approved by said board of admin-
istration, or its successors.

601

Section 4. This act *shall take effect and be in force on and after
its passage.

HARRY C. MASON,
Speaker of the House of Representaiiic^
ASAHEL W. JONES,

President of the Senate.
Passed April 21, 1898. 185L

[House BiU No. 273.]

AN ACT

Supplemental to title XII of the Revised Statutes of Ohio, to provide a more
efficient government for cities of the second class, third grade r, and to amend
sections Nos. 1546 and 1548 (as amended March 13, 1894), 1672 (as amended
May 10, 1894), 1682, 1718^ (as amended February 10, 1892), 1755 (as amended
February 10, 1892), 1785 (as amended February 10, 1892), 1808 (as amended
April 19, 1894), 2113 (as amended February 25, 1894), 2328, 2682 (as amended
March 23, 1891 ), 2689a (as amended April 24, 1896), 2805 (as amended [February
10, 1892), 2815 (as amended] March 23, 1891), 2926/ (as amended April 27,
1896), and section 1 of an act entitled "An act to provide for the appointment
of a tax commission in certain counties," and passed May 2, 1885.

[PORTSMOUTH.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section number 1546 (as amended March 13, 1894), be and the same
is hereby amended so as to read as follows:

Sec 1546. (Classification, general.) Municipal corporations are di-
vided into cities, villages, and hamlets; cities are divided into two classes,
first and second; cities of the first class are divided into three grades,
first, second and third; cities of the second class are divided into eight
grades, first, second, third, third a, third 6, third c, fourth, fourth a.
Cities of the second class, which hereafter become cities of the first class,
shall constitute the fourth grade of the latter class; and villages, which
hereafter become cities, shall belong to the fourth grade of the second
class; provided, that nothing in this act shall change the grade or class
of any city now existing, except such city or cities as are or may be
included in the third grade c, of the second class, hereby created.

Section 2. That section number 1548 (as amended March 13,
1894), be, and the same hereby is, amended so as to read as follows:

Sec. 1548. Existing corporations, organized as cities of the second
class, shall remain such until they become cities of the first class, and
their grade and the grades of those which may be or may become cities
of the second class shall be determined as follows: Those which, on
the first day of July, A. D. 1890, had, and those which, on the first day
of July, in any year, have, when ascertained in the way mentioned in
section 1547 of the Revised Statutes, more than thirty thousand five
hundred, and less than thirty-one [thousand] five hundred inhabitants,
shall constitute the first grade; those which, on the first day of July, A. D.
1890, had, and those which, on the first day of July, in any year, have,
when ascertained in the same way, more than twenty thousand and less
than thirty thousand five hundred inhabitants, shall constitute the second
grade; those which, on the first day of July, A. D. 1890, had, and those
which, on the first day of July, in any year, have, when ascertained in

G02

the same way, more than ten thousand and less than twenty thousand,
shall constitute the third grade; those which, on the first day of July^
A. D. 1890, had more than twenty-eight thousand and less than thirty-
three thousand inhabitants, and those which, on the first day of July,
in any year, have, when ascertained in the same way, more than twenty-
eight thousand and less than thirty-three thousand inhabitants, shall
constitute and be the third grade a; those which, on the first day of July,
A. D. 1890, had more than sixteen thousand and less than eighteen thou-
sand inhabitants, shall, on and after the passage of this act, constitute
and be, and those which, on the first day of July, in any year, have, when
ascertained in the same way, more than sixteen thousand and less than
eighteen thousand inhabitants, shall constitute and be the third grade b;
those which, on the first day of July, A. D. 1890, had more than twelve
thousand [and] three hundred and less than thirteen thousand three hun-
dred inhabitants, and those which, on the first dteiy of July, in any year,
have, when ascertained in the same way, more than twelve thousand three
hundred and less than thirteen thousand three hundred inhabitants, shall
constitute and be the third grade c; and those which, on the first day
of July, 1890, had, and those which hereafter, on the first day of July, in
any year, have less than ten thousand and more than five thousand inhab-
itants, shall constitute the fourth grade; except that those which, on
the first day of July, 1890, had more than eight thousand three hundred
and thirty and less than nine thousand and fifty inhabitants, shall, on
and after the passage of this act, constitute and be, and those which may
hereafter on the first day of July, in any year, have, when ascertained
in the same way, more than eight thousand three hundred and thirty
and less than nine thousand and fifty .inhabitants, shall constitute and
be the fourth grade a.

Section 3. That section number 1672 (as amended May 10, 1894),
be, and the same is hereby, amended so as to read as follows:

Sec. 1672. The legislative authority of villages shall be vested in
a council consisting of six members, except that in villages divided into
three or more wards such authority shall be vested in a council com-
posed of two members from each ward; and the legislative authorities
of cities, except as provided in section 1655, 1656, 1658, 1661, 1672a and
1672ft (supplemental hereto) of the Revised Statutes, as hereby amended,
shall be vested in a council consisting of two members from each ward;
and in all cities of the third grade and second class that at any sub-
sequent federal census may have a population of not less than twenty-one
thousand and not more than twenty-one thousand one hundred, there
shall be elected a councilman at large.

Section 4. That section number 1672ft be, and the same is hereby,
enacted as supplemental to section 1672, as hereby amended, as follows:

Sec. 1672ft. In cities of the second class, third grade c, the legis-
lative power and authority shall be vested in a city council, which shall
consist of three members elected from the city at large, and one member
elected from each of the wards in such city ; and upon the election and
qualification of the city council in such cities, as herein provided, the
existing council therein, shall be, and the same is, hereby abolished.

Section 5. That section number 1873a be, and the same is hereby
enacted as supplemental to section 1673 (as amended May 21, 1894),
as follows:

608

Sec. 167Sa. In cities of the second class third grade c, the mem^
bers at large of the city council shall be elected, for terms of three years
each, by the qualified electors of such city^ at the annual municipal elec-
tion, and the members from the wards shall be elected for terms of two
years each, by the qualified electors in their respective wards, at the
annual municipal election; provided, however, that at the first munic-
ipal election, held under the provisions of this act, the three members
at large shall be elected for terms of one year, two and three years,,
respectively, and thereafter, at the expiration of said term, all such elec-
tions of a member at large shall be for the term of three years, and
the members of said council, representing the even numbered wards
of said city, shall be elected each for a term of one year, and those rep*
resenting the odd numbered wards thereof, shall be elected each for a
term of two years, and thereafter, all elections of ward members to
such council shall be for terms of two years.

Section 6. That section number 1676fc be, and. the same is hereby-
enacted as supplemental to section 1676 of the Revised Statutes, as fol-
lows:

Sec. 1676ft. In cities of the second class, third grade c, the council
shall, annually, within ten days after the municipal election, perfect its
organization by electing a president, and a president pro tempore, from
their own number. The mayor, or in his absence the city clerk, shall pre-
side at the meeting for organization. The council shall also, at the
expiration of the term of the city clerk, elect a city clerk for the term
of two years, and in case of a vacancy other than by expiration of the
term, the city clerk shall be elected for the unexpired term. The city
clerk in addition to his duties as clerk of council, shall perform such
other duties as are by law required of him in such cities ; and the council
shall not have the authority or power, to choose, select or appoint, any
other officer or employe, whatsoever; the president, however, may, should
he deem it necessary, designate some suitable and capable person to
act as sergeant-at-arms of the council, and to perform the usual duties
of that office during a meeting of council. A majority of the members
elected to council shall constitute a quorum for the transaction of business,
but three or more may adjourn from time to time and compel the attend-
ance of absent members.

Section 7. That section number 1682 of the Revised Statutes be,
and the same is hereby amended to read as follows:

Sec. 1682. The mayor, city auditor, city civil engineer, city solicitor,
and in cities of the second class, third grade c, the board of public affairs,
shall have seats in the council and board of aldermen, and be entitled
to take part in the proceedings and deliberations on all questions relating
to their respective departments, subject to such rules as the council shall,
from time to time prescribe, but without the right to vote; and such
officers may be compelled to attend meetings of the council or board of
aldermen in the same manner as the members.

Section 8. That the following section with supplemental number-
ing, viz. : 1694a be, and the same is hereby, enacted as supplemental to
chapter IV, division 3, title XII, as follows:

Sec. 1694a. In cities of the second class, third grade c, any member
of the council, at any meeting thereof, shall have the right to demand the
ayes and nays upon any question before the council, including the motion

594 \ ';

[Senate BiU No. 339.]

AN ACT

To amend an act entitled "An act to authorize the 'trustees of certain townships in
2^ Fulton county, Ohio, to levy taxes to improve public highways in said town^
^_ .ships," as amended March 2, 1898.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That an act entitled "An act to authorize the trustees of certain town-
ships in Fulton county, Ohio, to levy taxes to improve the public high-
ways in said townships," as amended May 9, 1894, and as amended
March 2, 1898, be. amended so as to read as follows:

Sec. 1. That the trustees of the several townships, to wit, German,
Ointon, York, Chesterfield, Dover, Gorman, Franklin, Pike, Royalton,
Amboy, Fulton and Swancreek, in the county of Fulton, in the state of
Ohio, be and are hereby authorized to levy and assess jupon the taxable
property of their respective townships, a tax not exceeding four (4) mills
m any one year, upon the dollar valuation of the taxable property of
said townships, in addition to other taxes authorized by law, for the
purpose of improving by macadamizing or graveling, the public high-
ways in said townships, respectively, as may be deemed expedient or
ireeessary by the board of trustees of said township[s], and for no other
purpose.

Section 3. That said act as amended May 9, 1894, and as amended
March 2, 1898, is hereby repealed, and this act shall take effect and
Vc in force from and after its passage.

HARRY C. MASON,
» Speaker of the House of Representatives,

: ASAHEL W. JONES,

President of the Senate.
' Passed April 21, 1898. 178L

[House Bill No. 790.]

AN ACT

To provide'for the collection, removal and destruction or reciuction of garbage and
|night-soil in cities of the second grade of the first class,

[CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of OhU,
That any city of the second grade of the first class is hereby authorized
to provide for the collection, removal and destruction or reduction of
garbage and night-soil, and to make necessary contracts therefor, for
a period of time not to exceed ten years; and section 2702 of the Revised
Statutes of the state of Ohio, and section 73 of an. act passed March 16,
1891, to provide a more efficient government for cities of the second
g^ade of the first class, and any other law now in force relating to the

696

certificate of the city auditor, to the effect that money is in the treasury,
shall not apply to contracts made hereunder.

Section 2. For the purpose of providing the necessary money
for paying the cost and expense of the collection, removal and destruc-
tion or reduction of garbage and night-soil, or either of them, as pro-
vided in section one hereof, the council of any such city is hereby author-
ized to provide by ordinance for charging the whole or any part of the
cost of the collection, removal aftd destruction or reduction of garbage
and niglit-soil to the owner or occupant of any and all premises from
which such garbage and night-soil is collected, and to collect such cost
and expense from such owner or occupant; and in addition thereto
the council of* any such city is hereby authorized and empowered to
levy annually a tax therefor on the property subject to taxation in such
city; and such tax shall be levied and collected in the same manner
as other taxes.

Section 3. This act shall take effect and be in force from and
after its passage.

JOHN R GRIFFITH,
Speaker pro tern, of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 21, 1898. 179L

[House Bill No, 561 J

AN ACT

To create a joint sub-school district out of territory in McDonald, Taylor Creek and
Lynn townships, Hardin county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the territory comprising that portion of McDonald township, Taylor
Creek township and Lynn township, Hardin county, Ohio, described as
follows, to wit: Commencing at the northwest corner of William Myer's
farm in McDonald township; thence south with the west line ^f said
William Myer's farm to the center of the Liles pike; then(ie west with
the center of said pike to the northwest corner of P. P. Lyan's farm;
thence south with the west line of said P. P. Lyan's farm to the south-
west corner of said P. P. Lyan's farm; thence east with the south line
of said P. P. Lyan's farm to the southeast corner of said P. P. Lyan's
farm, where it adjoins the farm of D. R. McArthur; thence south with
the west line of said D. R. Mc Arthur's farm and the west line of J./E.
Campbell's farm and the west line of Oss Lile's farm to the southwest
corner of said Oss Lile's north fifty acres of land; thence east with the
south line of the said fifty-acre tract of land owned by said Oss Lile
to the southwest comer of John Pyer's farm; thence east with the south
line of said John Pyer's land to the township line between McDonald
and Taylor Creek township; thence east with the south line of a forty-
acre tract of land owned by David Tough to the southeast corner of
said tract; thence north with the east line of said forty-acre tract to
township road; thence east with said township road to the southeast
comer of Hardin Lile's twenty-five acres of land ; thence north with the
east line of said tract to the southeast corner of a twentv-five acre tract

Q08

may be given by depositing with the clerk a certified check, payable
to the order of the board, for an amount specified by the board.

5. If the work bid for embraces both labor and material, the board
may receive separate bids for furnishing the material, separate bids for
doing the work, and separate bids for both labor and material.

6. None but the lowest responsible bid shall be accepted; pro-
vided, that when the character of the material of the improvement has
not been determined upon before the bids are received, the lowest re-
sponsible bid for the improvement with the material determined upon
after the bids have been received shall be accepted, and In determining
which is the k>west responsible bid the board shall not be controlled by
the ability of the bidder to give bond for the performance of his con-
tract, but its decision as to which is the lowest responsible bid shall be
conclusive, provided, however, that if the lowest bid is not accepted
the board shall state the reason on its minutes; but the board may, in
its discretion, reject all bids, or it may, in its discretion, purchase the
materials for the work and contract simply for the performance of the
work.

7. 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 may have been previously determined, and suits to recover or enforce
such assessments may be brought in the name of the city.

8. If two or more responsible bids are equal in whole, or in part
thereof, and are lower than any other responsible bids, either may be
accepted, but in no case shall the work be divided between them.

9. When there is reason to believe that there is collusion or com-
bination among the bidders, or any number of them, the bids of those
concerned therein shall be rejected.

10. The presiding officer shall execute all contracts, attested by
the city clerk, and under the seal of the city, in the name of the city,
and file them in the office of the board.

Sec. nOlf — 21. 1. No member of the board, or other person,
whether in the employ of the board or otherwise, shall have power to
create any liability on account of the board, or the funds under its con-
trol, except by express authority of the board, conferred at a meeting
thereof duly and regularly convened.

2. No member, officer or employe of the board shall be directly
or indirectly interested in any contract or work of any kind whatever
under its direction, and any contract or work in which any such per-
son has an interest shall be void; and it shall be the (Juty of any person
having knowledge or information of the violation of this section forth-
with to report the facts to the board, and the board shall give reasonable
notice to the parties interested, and at the earliest convenient day, inves-
tigate the same, and hear evidence offered on both sides.

3. The board shall have power in such case to compel the attend-
ance of witnesses, and the production of books and papers, and the pre-
siding officer shall have the power to administer the necessary oaths

4. If a member of the board be involved in any such charge, he
shall not again sit or vote in the board until the result of the investiga-
tion is determined, announced, and entered on the minutes of the board;

608

a majority of the board not involved in the charge shall be sufficient to
decide the questions; and if an officer or employe of the board be found,
upon such inquiry, to have violated any of the foregoing provisions,
such finding shall at once operate as a dismissal of such officer or employe.
3. If a contract made or authorized by the board be found to violate
any of the foregoing provisions, it shall at once become void and of
no effect, and no money shall be paid for services rendered, or material
furnished under the same.

Sec. 1707^ — ^22. 1. When it becomes necessary, in the opinion
of the board, in the prosecution of any work hereafter ordered, to make
alterations, or modifications of the specifications or plans of a contract,
or to omit from said work any portion of the street or territory originally
wdered to be improved, such alteration, modification, or omission may
be made by order of the board; provided, such order shall be of no
effect until the price to be paid for the work under such altered or modi-
fied contract has been agreed upon in writing, and signed by the con»
tractors and some person authorized thereunto by the boUrd; and pro-
vided, further, the total cost of the work, with the addition of the price
so agreed upon, shall not exceed the original contract.

2. No contractor shall be allowed anything for extra work caused
by any alterations or modification, unless an order is made, or agreement
signed, as provided in the preceding section, nor shall he, in any case,
be allowed more for such alteration than the price fixed for in such agree-
ment.

Sec. 1707/ — ^23. No ordinance or resolution authorizing any im-
provement shall be passed by council except upon the recommendation
of the board of public affairs; and no grant of the use of a street or
highway in any such city for the purpose of a street, or other railroad,
or an extension thereof, or for any .other purpose whatsoever, shall be
made or renewed unless first recommended by the board; nor shall any
such street or highway be used for supplying gas or water, or to be broken
up or obstructed for any purpose on any pretense whatever, unless per-
mission be first given by the board, and attested by its clerk, in writing;
nor shall a resolution or ordinance for the payment of money in settle-
ment of claims for unliquidated damages be passed, nor any binding
agreement for such settlement be made by the council, unless the pay-
ment or settlement of such claim be first recommended by the board;
nor shall any property used or to be used for purposes under the control
of the board, or for the use of any such city, be purchased, leased, or
disposed of without such recommendation being first made; and any such
measure required to originate in the board which is altered, changed or
amended in any particular, before taking effect, shall be concurred in
by said board.

Sec. 1707/" — 24. 1. The board may, in its discretion, purchase the
necessary material, employ the necessary overseers and hands to do
any work, or make any improvement, no part of which is to be paid
by assessment.

2. The members of said board, or any one of them, may at any
time, be removed from office by the concurrent vote of two-thirds of all
members elected to council, in the same manner as elective officers;
or in the manner provided for the removal of certain officers, in chapter
3, division 4, title XII, of the Revised Statutes of Ohio.

610

3. The board of public affairs may contract with two daily news-
papers, of opposite politics, published and of general circulation in the
corporation, at not to exceed fifty cents per square for each insertion,
for the publication of all resolutions and ordinances of a general nature,
or providing for improvements; and all advertisements, notices and
proclamations, in the event of any such contract, shall be published in
said newspapers, but in the event of no such contract being made, pub-
lication in one such daily newspaper shall be deemed sufficient.

4. The board of public affairs shall furnish to council, on or before
the first Monday of April in each year, a statement containing an approx-
imate and detailed estimate of the money needed by the board for the
succeeding year, for the several purposes for which council may levy
taxes; and the city clerk shall at the same time furnish the board and
council. (1). A statement showing the balance standing to the credit
or debit of the several funds on the city balance sheet at the end of the
year last passed. (2). A statement showing the monthly expenditure
out of each fuftd, and the monthly expenditure out of all the funds for the
same period. (3). A statement showing the annual expenditure from
each fund for the five years next preceding said day.

5. Claims against the board of public affairs, and all bills for ex-
penses incurred by the board in the administration of the affairs under
its control, when approved by the board, shall be paid on the warrant
of the clerk by the treasurer of the city.

6* The board of public affairs shall have the right to employ counsel,
in addition to the city solicitor, in any matter in cases arising under the
exclusive control of the board, but no such employment shall be valid
without the concurrence of council.

Sec. 1707/ — 25. In cities of the second class, third grade f, all the
powers and duties in connection with, and incident to, the appointment,
regulation, government and control of the police, and the regulation,
government and control of the city prison, patrol and station house,
shall be and is hereby vested in the board of public affairs, and to all
intents and purposes, said board shall exercise functions similar to those
performed by boards of police commissioners in other cities, subject,
however, to the provisions of this act, and such limitations consistent
herewith, as may be prescribed by ordinance of council.

2. The qualifications, enumeration, and arrangement of the duties
of each officer and member of the police force, shall be particularized,
and definitely prescribed by the rules and regulations of the board of
public affairs relative to the force.

3. Each officer of the force, and every appointee of the board thereto,
in any capacity whatever, shall be an elector of the city in which he is
appointed, and he must be able to read and write the English language
understanding^, and there shall be no appointment to, nor removal from
the force, for political reasons. Every person appointed on the force
shall have a reputation for integrity and sobriety, and must be known
to be an orderly, law abiding citizen, never to have been convicted of
a crime nor to have been engaged in any unlawful calling, nor to have
pursued any occupation in a manner prescribed by law-abiding citizens.

4. All appointees to the force, under the provisions of this act,
shall serve during the pleasure of the board; and no appointee shall
be discharged except for oause, and after having been allowed an oppor-

611

tunity to be heard in his own defense, and upon charges, preferred to,
and sustained by the board.

5. The salaries and pay of the officers and members of the police
force shall be determined by the board within limits prescribed by ordi-
nance of council.

6. Each officer and member of the police force, before entering upon
the discharge of his duties shall take and subscribe an oath, to well and
faithfully perform the duties of his office, and shall execute a good and
sufficient bond in a sum to the satisfaction and approval of the board
conditional [conditioned] according to law, for the faithful discharge of
his duties, both of which shall be filed in the office of the board.

7. The board of public affairs shall, within thirty days after its
organization, appoint a police force; and the officers thereof, pursuant
to the provisions of this act; provided, that the present marshal may
qualify and serve for the remainder of the term for which he was elected,
as chief of police.

Sec. 1707^ — 26. 1. The police force of such city shall consist of
a chief, and not to exceed one patrolman or officer, for each fifteen hun-
dred inhabitants thereof, and also a reserve force not exceeding one
officer to each fifteen hundred inhabitants, and who shall possess the
same qualifications, and when upon duty shall be subject to the same
regulations, and have the same powers and privileges, perform the same
duties and receive the same per diem compensation as members of the
regular force, and they shall receive no pay for any time they are not
assigned for duty.

2. Such reserve force shall only be assigned to duty by the board
in case of emergency, or special necessity, and the same shall be stated
upon the minutes of the board when such assignment is made.

3. In case of riot or insurrection, requiring the intervention of the
police force, the mayor shall have control and command of the whole
force during said emergency, and when a temporary increase of the force
is required, the board shall have power to appoint as many additional
officers as may be in their judgment needed, and to serve not to exceed
five days, with a per diem pay of the regular force, and no more.

Sec, 1707^—27. 1. It shall be the duty of the mayor, the board of
public affairs, and of the police force hereby constituted, at all times of
the day and night, within the boundaries of the city, to preserve [the] public
peace, prevent crime, arrest offenders, protect the rights of persons and
property, guard the public health, preserve order, remove nuisances
existing in public streets, roads, places, and highways, report all leaks
or other defects in water-pipes and sewers to the proper authorities, to
provide a proper force at every fire, in order that thereby the firemen and
property may be protected, to protect strangers and travelers at railway
stations, and generally to obey and enforce all ordinances of the city
council, and criminal laws of the state and of the United States.

2. The police force and officers thereof under the direction of the
board of public affairs, or other proper officer, shall suppress all riots,
disturbances, and breaches of the peace; pursue and arrest any person
fleeing from justice, in any part of the state ; apprehend any and sdl per-
sons in the act of committing an offense against the laws of the state
or the ordinance of the corporation, and forthwith bring such person
before the police court, or other competent authority, for examination;

" 612

and shall at all times diligently and faithfully enforce all such laws, ordi-
nances and regulations for the preservation of good order, and the public
welfare, as the council may ordain, and for such purpose they shall have
all the power of constables.

3. The members of the police force may, upon view, arrest any
person who may be guilty of a breach of the ordinances of the corporation,
or of a crime against the laws of the state, and may, upon reasonable
information, supported by affidavit, procure process for the arrest of
any person who may be charged with a breach of any of the ordinances
of the corporation.

4. The board of public affairs shall cause to be prepared a con-
venient manual, containing a compend of all rules and regulations \diich
the police force is required to obey, and such instructions as shall aid them
in the intelligent discharge of their duty. It shall be the duty of every
member and officer of the force to make himself acquainted with the
directions contained in the manual, and in every way to become familiar
with all duties of his position. The chief of police shall be especially
charged with the duty of instructing officers and members of the force
in their duties, and from time to time examining them as to their knowl-
edge of the requirements of their position. It shall furthermore be the
duty of the board at least twice in each year to require the examination
and inspection of the entire force, and for this purpose the board shall
select one of their own number as an examiner to assist the chief in such
general examination.

5. The board of public affairs may, on the application of any per-
son, who shows tlie necessity thereof, appoint any number of private
patrolmen, to do duty at any place within the city, at the charge and
expense of the person by whom the applicaticm is made; and the patrol-
men so appointed after being sworn shall be subject to the orders of the
board of public affairs, and shall obey the rules and regulations of said
board, and conform to its general discipline, and to such other special
regulations as may be made, and shall wear such dress or emblem as the
board may direct, and during their term of holding appointment they
shall possess all the powers and privileges and perform all the duties
of the patrol force herein prescribed; and provided, further, that the
person so appointed may be removed at any time by the board of public
affairs without assigning cause therefor.

Sec. 1707f— 28. 1. The board of public affairs shall prepare and
submit to council, on or before the first day of March in each year,
an estimate of the cost and expense of providing for and maintaining
the police department of such city for the ensuing fiscal year, which
estimate shall be in detail; and the taxes levied by council for maintaining
the police department, when collected, shall be paid into the city treasury,
and styled the "police fund," and shall be drawn therefrom for police
purposes only, under the regulations of this act All costs, and expenses
of every nature of providing for, and maintaining, the poHce department
of such city, shall be paid out of said police fund only on orders of the
board, certified by the city clerk, provided, that the city clerk, under
• such rules and regulations as may be adopted by the board, may certify
an order, drawn in his own favor, approved by the board, for the aggre-
gate amount due the officers and employes of the board, and dispense

613

the money received to pay the claims of the officers and employes on
the pay rolls, taking receipts therefor.

2. No officer, or member of the police force, shall be a candidate
for, or hold, any elective office, or shall he be a delegate to any political
convention, or take part in any primary election, or caucus, except to
cast his vote. Any interference by any officer or member of the police
force in elections or conventions for or against any political party or
candidate, or the candidacy of any officer or member of the force for
an elective office, shall require his dismissal from the force.

S. The board of public affairs shall appoint a superintendent of
the city prison, and employ such persons as may be necessary for its
proper care. The said superintendent shall have the same qualifications
and pK>wers as policemen, and be subject to the provisions of this act
as 2q>pUed to policemen. He shall have charge and control of the city
prison, and the prisoners therein, conformable to such rules as the board
may prescribe, and shall receive such salary as the board may allow
him within linaits fixed by ordinance of council.

4. The board of public affairs shall cause the city prison to be kept
clean, and made comfortable for the inmates thereof, and shall provide
food, sustenance, medical attention, and necessary supplies for the proper
care of all persons confined therein; and shall cause to be kept, in books
provided for that purpose, a detailed account of all the expenses so
incurred, and a record in which shall be entered the full name, and the
nationality, of every person confined therein^ the time of his or her
arrest, the offense charged, the name and residence of complainant,
memorandum of articles taken from persons when searched, the name
of the officer or policeman making the arrest, which entries shall be
made and attested by the officer in charge of the prison at the time
such person is received thereat, and said record shall be open to the
inspection of the mayor, officers of the police force, members of the
board and such persons as may obtain a written permit from the presi-
dent thereof.

Sec. 1707 f — 29, 1. In cities of the second class, third grade c, the
management and control of the fire department shall be, and is, hereby
vested in the board of public affairs, and said board shall have power to
purchase all the necessary supplies, horses, engines and apparatus for
the department, and to make necessary repairs to the houses, engines
or apparatus belonging to the department; but said board shall have no
power to incur any liability on account of the said department on behalf
of such city beyond the amount levied, and set apart by their order, for
the fire department, by the city council, and all claims on account of the
department shall be approved by the board, and when so approved, the
same shall be certified by the president and city clerk, and all contracts
on account of the department shall only be made in conformity with
the provisions of this act as applicable to the board of public affairs
in such cities with reference to contracts.

2. The board of public affairs shall, by and with the approval and
consent of council, appoint an executive officer to be known as the chief
of the fire department, and who shall have active management of the
department in service; and also such members and employes as it may
deem necessary, who shall serve during the pleasure of the board; and
all appointments to the department shall be made only with a view to

capability and efficiency on the part of the appointee, and no appoint-
ment shall be made to, and no vacancy created in, the fire department
solely for political reasqns.

3. The fire alarm telegraph attached to the fire department shall
be under the control and subject to the regulations of the board. The
chief and assistant shall act as fire wardens, under the direction of the
board, and shall have power to enter and examine any building in which
fire is used, and may condemn the same if it be considered dangerous
to the public safety; and whenever complaint is made of the dangerous
condition of any building, or part thereof, it shall be their duty to
immediately examine into the same, and cause the proper measures to
be taken to put it in a safe condition.

4. The board shall fix the salaries of all officers, members, and
employes of the fire department, within such limits as may be prescribed
by ordinance of council; the board shall prescribe the duties of the
officers, members and employes of the department, and from time to
time shall make such rule for the government of the department, as they
may deem necessary.

Section 10. That section 1718c (as amended February 10, 1892),
be, and the same is hereby amended so as to read as follows:

Sec. 1718c. In cities of the second class, third grade a, and third
grade c, there shall be appointed by the board of tax commissioners,
in April of each year, an assessor for each ward, who shall be an elector
thereof, and shall take the same oath, and give the same bond, receive
the same compensation, and perform the same duties as are provided in
respect to township assessors.

Section 11. That section 1755 (as amended February 10, 1892).
be, and the same is hereby amended so as to read as follows:

Sec. 1755. The clerk shall attend all the meetings of the council,
and make a fair and accurate record of all its proceedings, and of all
rules, by-laws, resolutions, and ordinances passed by the council, and
the same shall be subject to the inspection of all persons interested; and
in case of his absence from any meeting, the council shall appoint one
of its own number to perform his duties for the time; and in cities of the
second class, third grade a, and third g^ade c, he shall also act as clerk
of the board of public affairs, attend all of its meetings, and make an
accurate record of all its proceedings, and perform such other duties
as may be required by said board.

Section 12. That the following section be enacted as supplemen-
tary to section 1781 of the Revised Statutes with sectional numbering
as follows:

Sec. 1781a. In cities of the second class, third grade c, the city solic-
itor, shall be appointed, by the board of public affairs by and with the
consent of council, for a term of three years, and he shall receive as
compensation for his services, as such solicitor, a salary of one thousand
dollars per annum, payable quarterly; provided, that the city solicitor
of such city in office when this act takes place, may serve the remainder
of the time for which he was elected.

Section 13. That section 1785 (as amended February 10, 1892), be,
and the same is hereby amended so as to read as follows:

615

Sec. 1785. : i cities of the first class, and in cities of the third grade,
third grade a, and third grade c, of the second class, there shall be a
court, held by the police judge, which court shall be styled the police
court, and be a court of record. Provided that in cities of the third
grade c, the city council by a two-thirds vote may abolish the office of
police judge and vest the mayor of said city with all the powers of a
police judge as provided by the Revised Statutes of the state of Ohio';
and when such office of police judge has been so abolished, it shall not
be again reestablished except by a like vote of council, but no action
of council shall extend or curtail the term of office of a mayor or police
judge who may be serving at the time the change may be made by council.

Section 14. That the following section be enacted as supplemen-
tary to section 1785 of the Revised Statutes with sectional numbering
as follows:

Sec. 1785|f. In cities of the second class, third grade c, there shall
be chosen by the electors therein, at the first annual municipal election
held after the passage of this act, a police judge, who shall serve for the
term of three years, and until his successor is elected or appointed and
qualified, and thereafter, a? the term of such officer expires, his successor
shall in like manner be elected to serve for the term herein provided,
and the police judge in such city shall be ex officio clerk of the police
.court; and a vacancy in the office of such police judge shall be filled by
the governor until the next municipal election, when it shall be filled for
the unexpired term.

Section 15. That the following section be enacted as supplemen-
tary to section 1797 of the Revised Statutes with sectional numbering
as follows:

Sec. 1797r. In cities of the second class, third grade c, the police
judge shall be ex officio clerk of the police court, and shall receive such
compensation for the performance of both the duties of police judge
and clerk of poUce court as may be allowed him by ordinance of council,
and the county commissioners, as provided in section 1808 and no more;
provided, that any such police judge may receive such fees for taking
acknowledgments, depositions, and affidavits, as are allowed by law to
justices of the peace for like services.

Section 16. That section 1808 (as amended April 19, 1894), be
so amended as to read as follows:

Sec. 1808. He shall give such bonds, with sureties, as may be re-
quired by the council and county commissioners, and shall receive for
his services, in cities of the first class, in city cases, a fixed salary to' be
prescribed by ordinance of the council, of not less than twelve hundred
dollars nor more than two thousand dollars per year, and for state cases
such further allowance as the county commissioners may deem proper,
but not exceeding twelve hundred and fifty dollars per year, and in cities
of the third grade a, and third grade c, of the second class, in city cases,
a fixed salary, to be prescribed by ordinance of the council of not less
than six hundred dollars nor more than one thousand dollars per year
and for state cases such further allowance as the county commissioners
may deem proper, but not exceeding two hundred dollars per year.

Section 17. That section 2113 of the Revised Statutes (as amended
February 25, 1894), be so amended as to read as follows:

616

Sec. 2113. The council of each city and village *all establish a
board of health; such board shall be composed of the mayor, who shah
be president by virtue of his office, and six members, to be appointed
by the council, not more than two of whom shall be medical practitioners,
who shall serve without compensation, and a majority of whom shall
constitute a quorum. Provided, that none of the provisions of this sec-
tion shall apply to cities of the first class nor to cities of the first or second
grade of the second class, nor to cities of the second class, third grade a,
and third grade c. And provided further, that the board of public affairs
of cities of the second class, third grade a, and third grade r, shall have
the powers and perform the duties conferred and imposed upon the
board of health by chapter one, division six, title twelve of the Revised
Statutes of Ohio.

Section 18. That the following section be enacted as supplemental
to section 2154 of the Revised Statutes with sectional numbering as fol-
lows:

Sec. 2154a. In cities of the second class, third grade c, the board
of public affairs shall have the powers, and perform the duties conferred
and imposed upon the board of hospital commissioners, in such cities,
by clppter three, division six, title twelve of the Revised Statutes of Ohio.

Section 19. That section 2328 of the Revised Statutes (as amended
March 28, 1889), be so amended as to read as follows:

Sec. 2328. The council shall provide by ordinance for the con-
struction and repair of all necessary sidewalks within the limits of the
corporation, and may require by the imposition of suitable penalties or
otherwise, the owners and occupants of abutting lots and lands to keep
the sidewalks and gutters in repair, fr^e from snow or any nuisance;
provided, however, that in cities of the first grade of the first class, and
in cities of the third grade a, and third grade c, of the second class,
all duties and powers herein, otherwise imposed on or conferred upon
council in relation to sidewalks or the construction or repair of the same,
shall be exercised by the board of public affairs of any such city; and it
shall not be necessary to have the action or concurrence of council in
any of said proceedings.

Section 20. That the following section be enacted as supplemen-
tary to section 2408 of the Revised Statutes with sectional numbering
as follows:

Sec. 2408a. In cities of the second class, third grade r, the board
of public affairs shall have the power and perform the duties conferred
and imposed upon the trustees of water-works by chapter one, division
eight, title twelve of the Revised Statutes of Ohio.

Section 21. That the following section be enacted as supplemental
to section 2518 of the Revised Statutes with sectional numbering as
follows :

Sec. 2518a. In cities of the second class, third grade r, the board
of public affairs shall have the power, ^d perform the duties conferred
and imposed upon cemetery trustees by chapter seven, division eiofht.
title twelve of the Revised Statutes of Ohio.

Section 22. That section 2682 of the Revised Statutes ( as amenderl
March 23, 1891), be so amended as to read as follows:

617

Sec. 2682. The council of a city or village shall have power to lev\\
annually, for the general purposes of the corporation, such amount of
taxes, on each dollar of valuation of taxable property in the corporation
on the tax Kst, as may be determined upon by it, not exceeding the fol-
lowing rates:

In a village, one-half of one miHi

In a city of the first or second grade of the second class, one mill.

In a city of the third grade, or third grade a, or third grade c, or
fourth grade of the second class, two mills.

In a city of the first grade of the first class, four and one-half mills.

In a city of the second grade of the first class, two mills.

In a city of the third p-jule of the first class, two mills.

Section 28. That section 2680a of the Revised Statutes (as amended
April 24, 1896), be so amended aa to read as follows:

Sec. 2689©. The aggregate of all taxes levied or ordered by any
other municipal corporaticHi than cities of the first grade of the first class,,
including the levy for general purposes above the tax for the county
and state purposes, and excluding the tax for school and school-house
purposes, shall not exceed in any one year, mi cities oi the second grade
of the first class, nine and three-tenths mills ; for paving streets, seven-
tenths of one mill; for park purposes, five-tenths of one mill; for sewer
purposes, three mills; and such further rates as may be necessary ta
pay the ixrterest on the public debt, and to create a sinking fund as
provided in section two thousand seven hundred and twelve; in cities
of the third grade of the first class, sixteen mills; provided, however,,
that out of the proceeds of such levy the interest on the indebtedness of
such corporations shall first be paid ; and annually not less than two (2)
mills of the remainder shall be levied for sinking fund purposes; in cities
of the first and second grades of the second class, eight mills, and in
addition thereto, such further rates not exceeding five-eights of one mill,
as may be necessary to create a sinking fund for the payment of the
principal and interest of the bonds of such cities that may hereafter be
issued for the purpose of building and maintaining main trunk sewers in
said cities; in cities of the third grade of the second class, and third
grade c of the second class, thirteen, smd in cities of the third grade a
of the second class ten mills ; provided that in cities of the third g^ade
of the second class, which by the federal census of 1880 had a population
exceeding (15,800) fifteen thousand eight hundred, such cities for the
purpose of constructing wharfs and landings, and keeping the same in
repair, are authorized to levy such further sum, not exceeding eighteen
mills in all, as may be necessary to provide a fund for the construction
and keeping in repair of such wharfs and landings; in cities of the fourth
grade of the second class, nine mills; in villages of the first class, eight
mills; and in all other villages ten mills on each dollar of the value of
any property as valued for taxation on the county tax list; provided,
however, that in all cities of the fourth grade of the second class, such
further rate may be levied in addition to the foregoing limitation as
will enable the cities to comply with any contract entered into by such
cities or any of them, under the provisions of section two thousand four
hundred and thirty-four, as amended January 29, 1885 (O. L., vol. 82,
p. 11): and also provided, that the councils of the municipalities men-
tioned in this section shall, annually at the time the rate of levy is fixed,
provide by ordinance for the distribution of the tax among the several

^ V

618

clepartments of the corporation in such proportion to their needs as the
council may deem necessary; and that at no time thereafter shall the
amounts specified as necessary for the purposes named, be changed, and
all transfers of funds from one account to another are hereby expressly
prohibited; provided however, that nothing in this section shall be con-
strued or considered as prohibiting the council of any incorporated vil-
lage from transferring by resolution or ordinance, any surplus or part
of surplus now or hereafter existing in the police fund of such village,
arising from the special tax known as the Dow law tax, to any other
fund or funds of the same, for the uses for which such other fund or
funds are established.

Section 24. That section 2805 of the Revised Statutes (as amended
February 10, 1892), be so amended as to read as follows:

Sec. 2805. In each city of the first and second class there shall be
an annual board for the equalization of the value of real and personal
property, moneys, and credits in such city, to be composed of the count)'
auditor and six citizens of such city, appointed by the council thereof,
except in cities of the second grade, first class, where the mayor of such
cities shall make such appointments, the first appointment to be two for
one year, two for two years, and two for three years, except in cities
in which such boards are already organized, when two shall be appointed
for three years, and two shall be thereafter appointed annually for three
years; and all vacancies shall be filled for the unexpired term provided,
that the provisions of this act shall not affect any person or persons here-
tofore appointed, and now in office, during the time for which they shall
have been appointed; but in cities of the second class, third grade a,
and third grade c, said six members shall be appointed by the board of
tax commissioners, and the appointment of said board shall be so made,
and the vacancies shall be so filled, that not more than three members
thereof shall be of the same political party, faith and allegiance, the first
appointments to be two for one year, two for two years, and two for three
years, and all the vacancies shall be filled for the unexpired terms from
persons of the same political faith as those whose terms shall have ex-
pired. Said boards shall have all the powers, and be governed by the
rules, provisions, and limitations prescribed in the next preceding section,
for the annual county board; each member of said board is authorized
to administer oaths, and said board is empowered to call persons before
them, and examine them, under oath, in regard to their own or others*
property, moneys, credits and investments, and the value thereof, and
to equalize the value of real and personal property, moneys, credits,
and investments within such cities, and to order any property, credit
or investment to be placed on the duplicate for taxation, and fix the
value thereof according to law, which has not been listed for taxation,
and to increase the value of such property, moneys, credits and invest-
ments, as have in their judgment, been listed at less than their true value
in money, and to reduce the value of such property, moneys, credits or
investments as have been appraised above their true value in money,
and shall annually meet at the office of the county auditor on the fourth
Monday in May, except in cities of the first and second grade of the
first class, when it shall meet on the fourth Monday in May, and shall
close its session on or before the second Monday of September; except
that in cities of the third grade of the first class, and in cities of the first
and second grades of the second class, and in cities of the second class,

619

third grade a, and cities having a population of twenty thousand and
over by the last federal census, and which have not been by prdinance
advanced to a city of the second grade of the second class, said board
shall close its session on or before the first Monday of August; and in
cities of the third, third grade c and fourth grades of the second class,
said board shall close its session on or before the fourth Monday of June
then next following. For each day necessarily employed in the perform-
ance of their duties, the members oi said board shall each receive, in
cities of the first class, and in the first and second grades of the second
class, and in cities of the second class, third grade a, and in cities having
a population of twenty thousand and over, ascertained as aforesaid, and
which have not been advanced to a city of the second grade of the second
class, the sum of five dollars per day, and in cities of the third grade,
third grade c, and fourth grade of the second class, the sum of three
dollars per day, and in cities of third and fourth grades of the second
class, not county seats, the members of such board shall receive, in
addition to the sum of three dollars per day, ten cents per mile traveling
expenses going to the said county seat; and in cities of the first class,
first grade, the auditor shall receive no compensation as a member of
the board, but the board may appoint all necessary messengers and clerks,
not exceeding six of each, who shall receive three dollars per day for
their services, for the time actually employed, which shall be paid out
of the county treasury. The county auditor may act by his deputy or
chief clerk in all city boards of equalization, and, in addition to the clerks
herein authorized, the auditor of the county having a city of the first
grade of the first class, shall appoint a clerk, who shall be styled the chief
clerk of the board of equalization, at a salary of five dollars for each
day's services performed; and such boards shall each have the same
powers as are conferred upon annual county boards by the next pre-
ceding section, and upon complaint of the presiding officer thereof to
the probate judge, the same proceedings shall be had against persons
notified and neglecting or refusing to appear before them, or refusing to
swear, or answer questions, as is provided in section two thousand seven
hundred and eighty-three; and county solicitors, or, where there is no
such office, the prosecuting attorney of the county shall act as the legal
adviser and attorney for the county board, and the city solicitor of the
city board of equalization; provided, however, that this act shall not be
deemed to supersede, or in any manner aflfect section two of an act
entitled "An act supplementary to and amendatory of title XII of the
Revised Statutes of Ohio," passed March 26, 1891.

Section 25. That an act entitled an act "To provide for an exten-
sion of time in which annual boards of equalization in certain cities shall
complete their work," and passed April 17, 1891, be, and the same is
hereby repealed.

Section 26. That section 2815 of the Revised Statutes of Ohio (as
amended March 23, 1891), be so amended as to read as follows:

Sec. 2815. In each city of the first and second class there shall be
a decennial board for the equalization of the value of the real property
within such city, to be composed of the county auditor and six citizens of
such city, appointed by the council thereof, except that in cities of the
first grade of the first class, said six members shall be appointed by the
city comptroller of such city and shall consist of three members of each
of the two leading political p'arties, and except that in cities of the second

62()

class, third grade a, and third grade c, said six members shall be ap-
pointed by the board of tax commissioners, and not more than three of the
persons so appointed shall be members of the same political party. Said
board shall convene at the office of the county auditor on the third
Monday of September, in the year 19W, and every tenth year thereafter:
and they shall severally take the same oath as that prescribed for the
decennial county board; and a record of the proceedings and orders of
said decennial city board of equalization shall be kept by the auditor.

Section 27. That section 2926/ of the Revised Statutes of Ohio
(as amended April 27, 1896), be so amended as to read as follows:

Sec. 2926/. Each n>ember of the board of elections appointed under
this act, in cities of the first grade in the first class, shall be allowed
and paid a salary of one thousand dollars (^1,000) per annum, in cities of
the second grade in the first class, a salary of six hundred (9600) [dc^lars]
per annum. And in cities of the third and fourth grades in the first class,
and the first and second grades of the second class, a salary of four hun-
dred (^00) dollars per annum, payable quarterly, and in cities of the
third grade, third grade a, in the second class, a salary of two hundred
(|260) dollars per annum, payable quarterly, and in cities of the third
grade c of the second class, a salary of one hundred (|100) [dollars] per
annum, payable quarterly, and in cities of the fourth grade m the second
class, a salary of fifty (f50) [dollars] per annum, payable semi-annually.
The secretary of the board of elections in cities of the first grade in the
first class, shall be allowed and paid a salary of two thousand and four
hundred (f2400) dollars per annum, in monthly payments, and in cities of
the second grade in the first class, a salary of two tliousand ($2,000) [dol-
lars] per annum, in monthly payments, and in cities of the third grade in
the first class, six hundred (9600) dollars per annum, in monthly payments:
and in counties containing a city of the first class, fourth grade, each
member of the board shall be paid a salary of four hundred (9400) dollars,
three hundred of which amount to be paid frcrni the city funds, and one
hundred from the general funds of the county in which the city is situ-
ated; and the secretary in such city of the first class, fourth grade, shall
be paid a salary of six hundred and fifty (9650) [dollars], four hundred and
fifty of which to be paid from the city funds, and two hundred from the
general fund of the county, and the money pa^'able from the county fund
shall be on warrants drawn by the county auditor upon orders certifying;
the said services, signed by the president and secretary of the board,
said payments to be in monthly installments: and in cities of the first
grade, second class, a salary of five hundred (9500) dollars per annum in
monthly payments: and in cities of the second grade of the second class,
a salarv of one thousand (91.000) dollars per annum, to be paid in monthly
installments, and in cities of the third grade, third grade a, of the second
class, a salary of two hundred (9200) dollars per annum, and such addi-
tional sum, not exceeding one hundred and fifty dollars per annum,
as the board may allow, payable quarterlv; and in cities of the third
grade r, of the second class, a salary of 9100 per annum, and such
additional sum not exceeding 9100, as the board may allow, pay-
able quarterlv, and in cities of the fourth grade in the second class,
a salary of one hundred (9100) dollars per annum, pavable quarterly.
which salaries shall be paid from the citv treasurv upon orders certifv-
ing" the said services siqfned bv the president and secretarv. to the citv
comptroller, city auditor, or city clerk of such city. The registrars of

G21

•each election precinct shall be allowed and paid three dollars per day,
aad no more, nor for more thaa six da>rs in any one election, for their
senrkes as registrars* Tbe judges ol el^tioo^ including the registrars
as such, aaid the derks ol election so appointed, shall each of them be
allowed and paid five dollars for each election at which they serve,
and no more, either from the city or county, except that in dties of the
third and foin"th grade, third grade a, and third grade c, in the second
class^ they shall each be allowed and paid three dollars for each election
at which they serve, and no more, either from the city or county. But
no registrar, judge or clerk, shall be entitled to the compensation so
fixed, except upon the allowance and order of the board of elections,
made at a joint session, certifying that each has fully performed his duty
according to law as such, and stating the number of days' services actually
performed by each, and signed by the president and sefcretary of the
board to the city comptroller, city clerk or city auditor of such city;
but for all general elections, other than municipal, the county in which
such city is located shall pay the general expenses of such registration
and election; and such allowance and order for such expenses and com-
pensation to such registrars, judges and clerks, shall be signed by the
president aad secretary of such board to the county auditor of such
county, who shall issue his warrants upon the county treasurer for such
amo«int

SEcnoN 28. That section one of an act entitled "An act to provide
for the appointment of a tax commission in counties having a popula-
tion of thirty-three thousand five hundred and eleven (33,511) at the
last federal census, and to repeal an act therein named/' and passed
May 2, 1885, be so amended as to read as follows:

Sec. 1. That in counties containing cities of the third grade c,
second class, there shall be appointed and organized as hereinafter pro-
vided, a tax commission for such county and city situate therein, con-
sisting of three members, who shall be appointed by the court of com-
mon pleas, within and for such county, or a resident judge thereof in
vacation, in the manner following, to wit: At the April term of said
court, A. D. 1885, unless sooner appointed, said court shall appoint one
member of said tax commission to serve for the term of one year, one
member to serve for the term of two years, and one member to serve
for the term of three years, and their successors from year to year shall
be appointed for the full term of three years by said court at the term
thereof within said county next preceding the first Monday of May in
each year. A minute of said appointment shall be kept by the clerk of
sakl court, and a notice thereof shall issue to the sheriff of said county,
who shall forthwith serve the same on each person so appointed. Said
sheriff shall be allowed out of the county treasury, upon the approval
of the court of common pleas, the same compensation for serving the
members of said commission as is allowed by law for the service of
subpoenas. No person holding any other public office within and for said
county and city,, shall be eligible to serve as a member of said commis-
sion, and such appointment shall be so distributed that each political
party shall be represented in said commission as nearly as may be in
proportion to its average vote, but nothing herein shall prevent the
appointment of persons who act independent of political organizations,
the object of this provision being to make and continue said commission
non-partisan in its political character.

^ V,

622

Section 29. That the following section be enacted as supplementary
to section one, as hereby amended, of an act entitled "An act to provide
for the appointment of a tax commission in counties containing cities of
the third grade c, second class," with sectional numbering as follows:

Sec. la. (1) The tax commission, as provided in section 1718c of
the Revised Statutes, shall, in the month of April of each year, appoint
an assessor for each ward in such city. (2) The tax commission shall
appoint the board of equalization in such city, as provided in section 2805
of the Revised Statutes, and the present board of equalization shall be,
and the same is hereby abolished. (3) The tax commission shall appoint
the decennial board of equalization in such city as provided by section
2805 of the Revised Statutes.

Section 30. That the following section be enacted as supplemen-
tary to chapter 2, title 3, of the Revised Statutes of Ohio, with sectional
numbering as follows:

Sec. 3898a. In city school districts* of the first class in cities ot
the second class, third grade c, the board of education shall consist of
three members from the city at large, and one member from each of the
wards in such city. The members at large shall be elected for terms of
three years each by the qualified electors of such city; and the members
from the wards shall be elected for terms of two years each by the qual-
ified electors therein, at the annual municipal election; provided, how-
ever, that, at the first election held under the provisions of this act, the
three members at large shall be elected for terras of one, two and three
years, respectively, and thereafter at the expiration of such terms all
such elections of a member at large shall be for a period of three years;
and the rtiembers of said board representing the even numbered wards of
such city shall be elected each for a term of two years, and those repre-
senting the odd numbered wards thereof shall be elected each for a term
of one year, and thereafter, at the expiration of said terms, all such elec-
tions of ward members shall be for the period of two years; and upon
the election and qualification of the board pi education in such districts
as herein provided, the board of education existing therein shall be, and
the same is hereby abolished. It shall berthe duty of the members at large
to elect and employ a superintendent of instruction, and such superin-
tendent shall, by and with the consent of the members at large of such
board, appoint all the teachers in the public schools of such city, and
no person shall be appointed as a teacher in such schools, who is a rel-
ative of any of the three members at large.

Section 31. That all the provisions of law, in force when this act
takes effect, which may be inconsistent with any of the provisions of this
act, shall be held to be superseded by the latter, as to the matter of
inconsistency, and not otherwise, as to cities of the second class, third
grade c.

Section 32. That said original sections 1546, 1548, 1672, 1682,
1718c, 1755, 1785, 1808, 2113, 2328, 2682, 2689a, 2805, 2815, 2926^, and
original section 1, of an act entitled "An act to provide for the appointment
of a tax commission in certain counties," (and passed May 2, 1885), be
and the same are hereby repealed.

Section 33. Provided, that in cities which, on the first day of July,
A. D. 1890, have more than twelve thousand three hundred and less than
thirteen thousand three hundred inhabitants, and those which, on the first

623

day of July, in any year, have, when ascertained in the same way, more
than twelve thousand three hundred and less than thirteen thousand
three hundred inhabitants, the city council shall submit the proposition
of a new charter to the qualified electors of said city at a general or special
election held for such purpose, at such time and places in the corporation,,
such council may determine by resolution. Notice shall be given of the
time and places of holding such election in two newspapers of general
circulation in such city, and the form of the ballot shall be as follows:
Those in favor of a new charter shall have written or printed on their bal-
lots, "New charter — Yes." Those opposed to a new charter shall have
written or printed, on their ballots, "New charter — No." A return of
said vote shall be made by the city election board to the council at the
first regular meeting after such election, and the result shall be entered
upon the minutes of said council, and if it appears that more of the ballots^
cast at such election had written or printed thereon the words, "New
charter — Yes," than there were ballots cast that had written or printed
thereon, "New charter — No," then the council shall be in full force
and effect, and the charter as herein provided shall so declare. And the
proposition of the adoption of a new charter, according to the provisions
of this act, shall not be submitted to a vote of the people more than once
in each calendar year.

Section 34. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 21, 1898. 186L

[Senate BiU No. 498.J
AN ACT

To repeal an act entitled "An act to authorize cities of the second grade of the
first class to procure ground and to construct, maintain and operate a flushing
tunnel, and to provide for the issuing of bonds and raising taxes to pay the
same" (O. L., 92, page 707), and also an act passed May 4, 1885 (O. L., 82, page
250), entitled "An act authorizing any city of the second grade of the first
class, to construct a conduit or drain and procure necessary machinery to be
used in connection therewith and all necessary land and issue the bonds of the
city to provide means to pay the cost and expense thereof."

[ CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That an act passed April 27, 1896, entitled "An act to authorize cities of
the second grade of the first class to procure ground and to construct,
erect, maintain and operate a flushing tunnel, and to provide for the
issuing of bonds and raising taxes to pay the same (O. L., 92, page 707),
and also an act passecf May 4, 1885 (O. L., 82, page 250), entitled "An
act authorizing any city of the second grade of the first class, to construct
a conduit or drain and procure necessary machinery to be used in con-
nection therewith and all necessary land and issue the bonds of the

624

•city to provide means to pay the co6t and expense thereof/' be and the
same is hereby repealed.

Section 2. This act shall take effect aiid be in fcHxe from oad
after its passage.

HARRY C MASON,

Speaker of the Hewse of Refresentatives.

ASAHEL W. JONES,

Presidefit of the Saujk.
Passed April 22, 1898. 187L

[Senate RtU No. 44«.]

AN ACT

To authorize cities of the second class, third grade a, to issue beads for park

purposes.

[SPRINGF1EU>.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the council of any city of the second class, third grade a, wherein
-a public park has been, or hereafter may be established, be and it is
hereby authorized and empowered, upon application of the board of park
commissioners of such city, to issue from time to time bonds of such city,
designated "park bonds," not exceeding in the aggregate twenty thou-
sand (f20,000) dollars, for the purpose of improving and beautifying any
such public park in any such city.

Section 2. Such bonds shall be in such denominations, run for
such length of time, not exceeding thirty years, and bear such rate of
interest, not exceeding five per cent, per annum, payable semi-annually,
as such council may by ordinance determine. They shall be signed by
the mayor and the city clerk of such city, and be sealed with the seal
•of the corporation, and shall be advertised and sold in the manner pro-
vided by law for the sale of municipal bonds, and the proceeds of the
sales thereof shall be applied exclusively to the purposes for which such
bonds are issued.

Section 3. For the purpose of paying the principal and interest
of any bonds issued under authority of this act, as they mature, the
council of any such city is hereby authorized and empowered, from time
to time, to levy upon all the taxable property of any such city, and col-
lect the tax thereof to pay such principal and interest.

Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives-

ASAHEL W. JONES,

President of the Scfiatc
Passed April 22, 1898. 188L

625

[Senate Bill No. 65.]

AN ACT

To* provide for the relief of a benevolent and charitable institution known as the
f— ^ _^ .«-» home and hospital in Hancock county, in the state of Ohio.

Section 1. Be it enacted by the General Assembly of the State of Okie,
That in all counties in the state of Ohio containing a population by the
last federal census of not over 42,600 people, and containing a city of
the third grade, second class, and in which is operated by any corporation
or association of persons, a hospital incorporated or organized for purely
charitable purposes, in which all the indigent poor of the county requir-
ing the same receive medical and surgical treatment free of charge, the
county commissioners of such counties be and they hereby are author-
ized and required to pay to such hospital association out of the Dow
tax and surplus dog tax the sum of |1800 per year, payable on the first
day of January and July, in equal payments, for a period of five years
for the maintenance and support of such indigent poor so requiring
such treatment and the reimbursement of such organization so operating
such hospital for necessary expenditures in the medical and surgical treat-
ment of such persons.

Section 2. Provided, however, that before section 1 of this act
shall be held to be binding upon said county commissioners, there shall
be submitted to the qualified electors in such county, for their approval
or rejection, the desirability of giving such home and hospital association
the relief herein provided. All official ballots at next said general election
after the passage of this act shall contain the words, "For hospital relief —
Yes," "For hospital relief — No;" and if a majority of all the voters
voting at said election shall vote "For hospital relief — Yes," then said
commissioners shall be fully authorized and directed to carry into effect
the provisions of section 1 of this act, and all other matters relating to
the submission to said qualified electors of the question herein provided
for shall be conducted under the general provisions of law for such
purposes.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,

Passed April 23, 1898. 189L

[Senate BiH No. 451.]

AN ACT

To amend section 3 of an act passed March 23, 1898, entitled "An act to provide for
the reorganization of boards of education in city districts of the third grade
of the first class."

[TOLEDO.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 3 of an act passed March 23, 1898, entitled "An act to provide
for the reorganization of boards of education in city districts of the third

626

grade of the first class," be and the same is hereby amended so as to
read as follows:

Sec. 3. At the first election of such board, which shall be held on the
first Monday in April, 1898, five members of the board shall be elected.
The candidate receiving the highest number of votes cast shall be elected
to serve for five years; the candidate receiving the second highest num-
ber of votes cast shall be elected to serve for four years; the candidate
receiving the third highest number of votes cast shall be elected to
serve for three years; the candidate receiving the fourth highest number
of votes cast shall be elected to serve for two years, and the candidate
receiving the fifth highest number of votes cast shall be elected to serve
for one year. At the regular annual municipal election each year after
the first election one member shall be elected for five years to succeed
the member whose term expires with the current year.

Section 2. That said original section 3 of an act passed March 24,
1898, entitled "An act to provide for the reorganization of boards of
education in city districts of the third grade of the first class" be and the
same is hereby repealed.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of RepresentaUies.
ASAHEL W. JONES,

President of the Senate.

Passed April 23, 1898. 190L

[S«nate Bill No. 485.]

AN ACT

To^supplement section 1905 of the Revised Statutes of Ohio.
[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the following section shall constitute a section supplementary to
section 1905 of the Revised Statutes of Ohio, with sectional numbering^
as follows:

Sec. 1905a. If any member of said police force in cities of the first
grade of the first class, shall, while in the performance of his duties, be
killed, or die from the effects of an injury thus received, or of any
disease thus contracted, or if any member of said police force shall, after
fifteen years' service therein, or while retired, subject to the provisions
hereinafter stated, die from any cause, such member so killed or dying
from said injury or disease, or after said term of service or retirement,
subject to the provisions hereinafter stated, shall leave a widow or minor
child or children, under sixteen years of age, or a mother who depended
upon him for support, the board of directors of the police relief fund
in such cities of the first grade of the first class, shall be subject to the
approval of the board of police commissioners, authorize and direct the
payment from the said police relief fund the following sums monthly, viz.'.
To such widow, while unmarried, the sum of twenty (20) dollars; to
the guardian of such minor child or children, six (6) dollars for each

627

of said children, until each child shall respectively arrive at the age of
sixteen years, and twenty (20) dollars to such dependent mother until
she remarries; and in case there is no dependent mother, but a father
who is dependent upon such member for support, such dependent father
shall be paid the same sum monthly as provided herein to be paid to
a dependent mother; provided, however, that if at any time there should
not be sufficient money or bonds to pay to each person entitled to the
benefit thereof the full amount as hereinbefore stated, then and in that
event, an equal percentage of said monthly payments shall be made to
* each beneficiary thereof, until said fund is so replenished as to warrant
the payment in full to each of said beneficiaries. Provided, however,
that the provisions of this section, so far as they are applicable to retired
members, shall apply only to the widow and child or children of such
member, who were the wife or child or children at the date of the retire-
ment of such member, and not to a widow who became the wife of such
member or to the child or children bom to such member, after the date
of his retirement. The provisions of this section shall apply to the fam-
ilies of all members wljo have been, or may hereafter be killed, or who
have died or riiay hereafter die, of injuries received, in the performance
of their duties in any police force now organized, or that may be here-
after organized in any such city.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 23, 1898. * 191L

[Senate Bill No. 326.]

AN ACT

To create a joint snbdistrict including portions of Lanier township, Preble county,
Ohio, and Jackson township, Montgomery county, Ohio, and to provide school
facilities for the youth residing therein.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the following described territory in the township of Lanier, county
of Preble, and state of Ohio, and the township of Jackson, county of
Montgomery, and state of Ohio, be and the same is hereby constituted a
joint sub-school district, to wit: Beginning at the center of section
twenty-four in Lanier township, and running thence south on the half
section line to the south boundary line of said township; thence east
on said township line and the south line of section thirty-one in Jackson
township to the southeast corner of said section thirty-one; thence north
on the east line of said section to the half section line; thence west on
the half section line to the center of said section; thence aorth on the
half section line to the center of section 19 in said Jackson township;
thence west on the half section line to the place of beginning.

Section 2. Said joint sub-school district shall be governed in all
respects by the laws now in force or hereafter enacted for the govern-
ment of joint subdistricts.

628

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 192L

[Senate Bill No. 536.]

AN ACT

To authorize commissioners of Stark county, Ohio, to transfer certain funds.

Section 1. Be it enacted by the General Assembly of the State of 01m,
That the commissioners of Stark county be and they are hereby empow-
ered to transfer |10,000 from the poor fund and |20,000 from the building
fund to the bridge fund.

Section -2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 193L

[House Bill No. 793.]

AN ACT

To amend section 8 of an act entitled "An act to authorize the commissioners of
Fayette county, Ohio, to levy a tax for the purchase of a site and erecting
thereon a soldiers' library ana memorial buildinja^," and repealing an act passM
February 2, 1892, for the purpose of erecting a soldiers' monument and author-
izing a transfer of funds collected under said act, passed April 27, 1896.

Section 1. Be it enacted by the General Assembly of .the State of Ohio,
That section 8 of an act entitled "An act to authorize the commissioners
of Fayette county, Ohio, to levy a tax for the purchase of a site and
erecting thereon a soldiers' library and memorial building," and repealing
an act passed February 2, 1892, for the purpose of erecting a soldiers'
monument, and authorizing the transfer of funds collected under said
act, be and is hereby amended to read as follows:

Sec. 8. Provided, that before said bonds shall be issued, tax levied,
or funds transferred, the commissioners of said county shall submit
the proposition of issuing said bonds, levying said tax, and transferring
said funds, to the electors of said county at a general or special election,
notice of which shall be published in a newspaper of general circulation
in said county, at least ten days before said election. And all electors
favoring said proposition shall have written or printed on their ballots,
"For memorial library and memorial building bonds, annual levy, and
transfer of funds — Yes." And those opposed to said proposition, shall
have written or printed on their ballots, "For memorial library and mem-

orial building bonds, annual levy, and transfer of funds — No," and
said ballots shall be deposited in separate ballot box provided for that
purpose. And if a majority of the electors voting at such election, upon
the question of the issuing of said bonds, levying said tax and transfer of
said funds shall vote in favor thereof, then said commissioners of Fayette
county shall proceed to carry out the provision of this act, of which this
is amendatory, is hereby repealed and this act shall take effect from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 194L

[House BUI No. 346.]

AN ACT

To create a special school district in Canaan township, Wayne coanty, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That subdistrict No. 8 of Canaan township, Wayne county, Ohio, be and
the same is hereby constituted and created a special school district, to
be known as Canaan special school district No. 1.

Section 2. The board of education for said special district shall
be elected as provided in section 3924 of the Revised Statutes for the
election of boards of education of special districts created after the pas-
sage of said act.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 195L

[House Bin No. 690.]

AN ACT

To divide Pike township, Stark county, Ohio, into two election precincts.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That Pike township. Stark county, be and the same is hereby divided
into two election precincts, the boundary of said precincts to begin at
the northeast comer of section one (1); thence west to the west line
of section three (3); thence south to the south line of section sixteen
(16); thence west along the south line of said section sixteen (16) to the
west line of said section sixteen (16) ; thence south to the county line ;
the precinct east of said boundary to be known as Sparta precinct, and
the precinct west of said boundary line to be known as Otterbein pre*
cinct. Provided, that the question of dividing said township as aforesaid.

630

shall be submitted to a vote of the qualified electors of said township at
the next general election to be held tiie first Tuesday after the first Mon-
day in November, 1898. Notice shall be given of the time of holding
such election by posting written or printed notices in not less than five
conspicuous places ten days prior to said election; and the ballot shall
be as follows: Those in favor of two precincts shall have written or
printed on their ballots, "Two precincts — Yes." Those opposed, "Two
precincts — No." Said ballots shall be provided by the duly elected and
qualified central committeemen of said township, the returns shall be
made to the board of elections of Stark county, Ohio, and if it appears
that a majority of the ballots cast were in favor of the division ot said
township as aforesaid, then the board of elections of said Stark county
shall divide said township into two election precincts as herein provided.
Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of RepresentaHves.

ASAHEL W. JONES,

President of the Senate,
Passed April 23, 1898. 196L

[Houae Bill No. 718.]

AN ACT

To create a special school district in Wadaworth township, Medina coanty, Ohia.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That whenever a majority of the school board of Wadsworth village,
Medina county, and a majority of the school board of Wadsworth town-
ship, Medina county, shall request the trustees of Wadsworth township,
Medina county, to submit to the qualified electors of the township the
question of establishing a special school district of Wadsworth township,
the trustees shall, at least thirty days before the next general election,
give notice by inserting a notice in some newspaper of general circula-
tion in the township that such a proposition will be submitted to a vote
of the electors of the township at such election, and notify the deputy
state supervisors of elections, who shall furnish suitable ballots to carry
out the provisions of this act, and such election shall be conducted in the
same manner as for the election of township officers.

Section 2. If the majority of the votes cast at such election upon
the submitted proposition shall be in favor of a special school district,
on the first Monday of April following, the ''-puty state supervisors of
elections shall provide for the election of two members of a school board
for one year, two for two years, and two for three years, and annually
thereafter two members to serve for three years shall be elected.

Section 3. The school board so elected shall have control of all
the schools of the township now controlled by the school board of Wads-
worth village and the school board of Wadsworth township, including
all property controlled by the present school boards, including libraries,
maps, apparatus or fixtures of any kind, and shall manage such schools
as provided in law for governing special districts, and the board of

631

normal school managers and the village and township school districts
as at present constructed shall be abolished.

Section 4. Whenever such election shall be held and a majority
of the votes cast shall be in favor of such special school district, and
the school board elected as provided in this act, the township trustees
shall convey to such school board all the rights and titles of the town-
ship in the property known as the normal school property, to be owned
and controlled by such board the same as any other school property.

Section 5. It is herein provided that nothing in this act shall pre-
vent nor release the township trustees from carrying out the provisions
for paying such normal school bonds, with the interest thereon, as may
remain unpaid, as provided for the issuing and paying such bonds in
an act passed April 14, 1884 (Session laws, vol. 81, page 869).

Section 6. Should the question of establishing a special school
district fail to receive a majority of votes cast, the township trustees may
again submit the question to a vote of the electors as before provided
at any regular election after one year.

Section 7. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate,

Passed April 23, 1898. 197L

[House Bill Na. 403.]

AN ACT

To allow the county commissioners of Stark county, Ohio, to build a foot bridge and
purchase small tracts of land to place the same thereon.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Stark county, Ohio, be and are hereby
authorized and empowered to build a foot bridge not to exceed six feet
in width over and across the Ohio canal and Tuscarawas river, and
to be located in the southern part of the city of Massillon, a portion of
which will be in Perry township outside of said city. And that the said
county commissioners be further authorized and empowered to pur-
chase small tracts of land for the purpose of locating thereon and con-
necting the two bridges, thereby connecting two public roads already
established. Provided, however, that the entire cost of both land and
bridges with all necessary approaches complete, ready for use, shall
not exceed the sum of ?2,000.

Section 2. For the payment of said bridges and land there shall
be no additional levy, but the cost of same to be paid out of the regular
county bridge fund!

Section 3. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 23, 1898. 198L

632

[House Bill No. 602.]
AN ACT

To provide for a board of directors for the Millville special school district of

Hocking county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of education of the Millville special school district of
Hocking county, Ohio, shall consist of three members who shall be
residents of the district, and have the qualifications of an elector therein.
Section 2. That the said directors shall be elected as provided
under the general law for the following periods: One for one year, one
for two years, and one for three years, and that the period of said office
shall be three years.

Section 3. This act shall be in force from and after its passage*

HARRY C. MASON,
Speaker of the House of T^epresentoHves.
ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898, 199L

[House Bill No. 656.]

AN ACT

To authorize the county commissioners of Hocking county, Ohio, to transfer funds.

Section 1. Be it' enacted by the General Assembly of the State of Ohio,
That the county commissioners of the county of Hocking and state of
Ohio, be and are hereby authorized to transfer six thousand dollars
from the bridge fund of said county, to the county fund.

Section 2. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Passed April 23, 1898. 200L

[House Bill No. 289.]

AN ACT

To provide for the issue ofbuiUlinp permits in ever>' city of the first class, third
grade, in which the erection and construction of buildings are regulated bv
ordinance and an inspector of buildings has been elected, and to regulate the
fees to be charged therefor.

[TOLEDO.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That when any person or persons, partnership or corporation shall be
desirous of erecting, repairing, changing or altering any building or
structure within the limits of any city of the first class, third g^de, which
has adopted an ordinance regulating the erection and construction of

633

buildings within the limits thereof and has elected an inspector of build-
ings, he, or they, shall make application at the oflSce of the inspector of
buildings for a certificate for that purpose, and shall furnish said inspec-
tor with a written statement of the location, with a pertinent description
of the land or number of lot, name of owner and street and intended use
of the proposed building or structure, the estimated cost, together with
the plans and specifications of the same, which shall be delivered to said
inspector and remain in his custody a sufficient length of time to allow
the necessary examination to be made thereof, which shall, in no case,
exceed fourteen days after the receipt of the same, and if it shall appear
to the said inspector that the laws and ordinances of said city have been
complied with he shall give the certificate asked for. The said inspector
may, however, issue permits for repairs, alterations or additions without
requiring plans or specifications therefor. The applicant shall present
the certificate to the city clerk, who shall issue a permit in accordance
therewith upon the payment of the following prescribed sums : The sum
of two dbllars shall be charged for the permits when the cost of the con-
struction, alteration or addition to such building or structure does not
exceed one thousand dollars, and when the cost thereof shall exceed one
thousand dollars, an additional sum of two dollars shall be charged for
each and every thousand dollars or fraction thereof, if exceeding five
hundred dollars. The cost of any single permit shall not exceed one
thousand dollars.

Section 2. Blank forms for a detailed statement, as herein re-
quired, shall be furnished by the said inspector at his office, and the ap-
plicant or applicants shall fill out, and the owner or owners, his or their
agents, shall sign the agreement contained in said statement that he or
they will in all respects construct the work in compliance with the laws
and ordinances of said city, and it shall not be lawful to proceed to con-
struct, alter or repair any building or structure within the limits of said
city without such permit. Every permit shall' be subject to revocation
should the inspector become convinced that the work done under said
permit is proceeding in violation of law. Revocation of a permit shall
be in writing, and shall be served on the owner, superintendent or con-
tractors in charge of the work, or posted on the property, and from and
after such revocation of the permit, all parties doing any work or fur-
nishing any material in or about such structure, buildings or premises,
shall be guilty of a misdemeanor within, the terms of this act and be
subject to fine or imprisonment as herein provided for.

Section 3. Any person, partnership or corporation, either as
ower, contractor, or architect, or any agent, trustee, director, officer or
employe or any person, firm or corporation who violates or authorizes a
violation of any provision of this act, shall be guilty of a misdemeanor
and be subject to a fine not exceeding the sum of one thousand dollars,
or imprisonment not exceeding three months, or both, in the discretion
of the court or judge imposing the same.

Section 4. This act shall take effect on its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 23, 1898. 201L

G34

[House Bill No. 699.]
AN ACT

To authorize the board of city affairs or such other boards as may have the powers
heretofore vested in the board of administration in cities of the first grade of
the first class to construct viaducts within the corporation limits thereof.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the first grade of the first class, the board of city affairs,
or such other board as may have the powers heretofore vested in the
t)oard of administration in addition to the powers already possessed by
it, with reference to streets, bridges and other public improvements, shau
have the power to construct within the limits of such c<irporation, via-
•ducts and elevated roads and footways ovtr, along and across streets,
alleys, highways, railroads, creeks and other public or private property
for the purpose of providing against overflow from high water and the
dangers of grade crossings of steam railways.

Section 2. Said board of city affairs, or such other board as may
have the powers heretofore vested in the board of administration, shall
•declare by resolution the necessity of such improvement or improve-
ments, and give notice thereof as required of council in section 2304,
Revised Statutes; the term "property abutting" therin to include prop-
•erty abutting upon any street used, crossed or covered by such improve-
ment; and said board shall carry out and be governed by the provisions
of said section 2304, and any duty therein required to be done or per-
formed by council or any other board, shall devolve upon and be per-
formed by the said board of city affairs or such other board as may have
the powers heretofore vested in the board of administration. Said board
shall have full and final authority in any such improvement, without the
necessity of the concurrence of council or any other board, to make such
changes in the grade of any streets, avenues, alleys and highways used,
crossed or co\'ered by such contemplated improvement, and to change,
alter, widen, vacate, construct any streets, avenues, alleys and highways
in the line of or adjacent to such contemplated improvement as it may
deem advisable to best conform the same to such contemplated improve-
ment, and such changes shall be shown in the plans and profiles pro-
vided in said section 2304.

Section 3. The owner of a lot or tract of land bounding or abut-
ting upon any such improvement, or upon any street used, crossed or
covered, in whole or in part, thereby claiming damages by reason of
such improvement, or compensation for any property taken for such
improvement, shall file his claim for damages and compensation as pro-
vided in section 2315, Revised^ Statutes, or shall be deemed to have
-waived the same, and be barred as therein provided from filing his claim
or from receiving damages and from claiming or receiving compensa-
tion for any property so taken; and all other questions pertaining to
such claims for damages and compensation, and inquiry as to the amount
thereof, shall be governed by the provisions of law now applicable to
claims for damages, as provided in title 12, division 7, chapter 4, sub-
division 2, Revised Statutes, except that in all cases concerning the
•class of improvements herein provided for the board of city affairs, or

635

«uch other board as may have the powers heretofore vested in the board
of administration, shall take the place and authority therein of council;
4ind provided, that all awards for damages and ccMnpensation upon such
inquiry shall be paid or secured to be paid as provided in sections 2247
and 2248, Revised Statutes; and provided further, that the amount erf
images and compensation, as aforesaid, and costs awarded in such cases
shall be paid out of the fund herein provided. No damages or compen-
sation shall be awarded to the municipal corporation for the appropria-
tion by it of any streets, highways, alleys, bridges or other property be-
longing to said municipality that may be necessary for the construction,
operation or use of the improvement herein contemplated.

Section 4. Said board of city affairs, or such other board as may
have the powers heretofore vested in the board of administration shall
have the power to purchase or appropriate, condemn and enter upon for
the purpose of constructing such viaducts and any approaches thereto,
and for the purpose of widening or altering the line of any street, avenue,
alley or highway used, crossed or covered by such viaduct and its ap-
pix>aches, and for any other purposes in connection therewith, any real
estate, easement, franchise, right or other property within the corporate
limits of any city of the first grade of the first class, which said board of
city affairs or such other board as may have the powers heretofore vested
in the board of administration shall deem necessary for such uses and
purposes; and when said board shall determine upon any such appro-
priation, a resolution to that effect shall be passed by the said board of
city affairs or such other board as may have the powers heretofore vested
in the board of administration, and entered upon its minutes, declaring
the intention to appropriate such property, and the necessity therefor,
with a pertinent description of the property to be appropriated, which
resolution shall be certified to the corporation counsel of such city, whose
duty it shall then be to apply, in writing, in the name of such city, to
the court of common pleas of the county, or a judge thereof in vacation,
or to the probate court of the county, for the impaneling of a jury to
assess the compensation to be allowed the owners of the property appro-
priated in the manner provided in chapter 3, title 12, division 7, of the
Revised Statutes, for appropriating private property to the use of mu-
nicipal corporations, and all proceedings hereunder, except as herein
•otherwise provided, shall be governed by the provisions of said chapter
3, title 12, division 7; provided, that if such proceedings are commenced
in the probate court of said county, neither party shall have the right to
appeal, but either party may institute proceedings in error, as provided
by law. And the amount of purchase price of any property purchased,
or ccMnpensation adjudged to any owner or owners, together with the
costs and expenses of such proceedings, shall be paid out of the fund
herein provided.

Section 5. Such viaducts or elevated road and footways shall be
so constructed as to secure an elevation and head room over any steam
or street-railroad crossed or covered, in whole or in part, by such im-
provement, of at least nineteen (19) feet, except the approaches thereto,
which shall be constructed in such manner as said board shall determine
to be best calculated to secure accessibility to such viaduct, and to pro-
mote public convenience and safety in the use thereof. Said board shall
have the power, for the purpose of constructing such viaduct and the
approaches thereto, to require the tracks of any street-railroad using any

such street to be changed, altered or relaid, to conform to changes or
alterations in the line of any such street hereinbefore authorized, at the
expense of the owner of such railroad or railroads. If such owner of
any street-railroad fail to comply with the requirements as to changing,
altering and relaying the tracks thereof, said board shall have power to
do said work, and recover the expense thereof from such owner in an
action in the name of the city. Said changes or alterations may be shown
in the plans and profiles provided for by section 2 hereof, and notice
thereof shall be served upon the owner of such street railroad in the same
manner and with like purposes and like effect as is provided in section
2 and section 3 hereof, as to the owners of abutting property.

Section 6. In making such improvements the board of city affairs
or such other board as may have the powers heretofore vested in the
board of administration, shall be governed by the provisions of section
2303 of the Revised Statutes, except that the said board of city affairs
or such other board as may have the powers heretx>fore vested in the
board of administration, shall have and exercise all the powers and per-
form all the duties of council, in the prosecution of said work. Said
board shall, as to all the improvements, acts, and things hereinbefore
authorized, also have the powers conferred upon the council of municipal
corporations by section 2263 Revised Statutes, and other provisions of
law relating to streets, bridges arid other public highways in municipal
corporations; it bedng the intent and meaning hereof that in all im-
provements provided for by this act, and in the exercise of any and all
powers hereby granted, it shall not be necessary to have the action or
concurrence of council, or of any other board or officer in any such pro-
ceedings; and that said board shall possess, in addition to the powers
hereby specifically granted, the powers already possessed by council or
other municipal body or officer, as to streets, bridges and other public
highways, to further effectuate and carry out the purposes of this act.

Section 7. In order to provide a fund for the construction, erf any
viaduct or elevated road and footway, under the provisions hereof, smd
for carrying out the several provisions of this act, the said board of city
affairs, or such other board as may have the powers heretofore vested
in the board of administration, shall be authorized to issue the bonds
of such city to an amount not to exceed in the aggregate two hundred
and fifty thousand dollars in the name of said city, and under the cor-
porate seal thereof, for the purpose of such contemplated improvement.
Said bonds shall be made payable in not less than thirty years from the
date of their issue, and shall bear interest at a rate not exceeding three
and one-half per cent, per annum; said bonds shall be signed by the
mayor, the president of said board, and attested by the city auditor, and
shall be secured by the pledge of the faith of the city, and a tax which k
shall be the duty of the council of said city annually to levy upon all
taxable property of such city, in addition to the taxes now authorized by
law, and certify the same to the county auditor upon a certificate to that
effect from the said board of city affairs, or such other board as may have
the powers heretofore vested in the board of administration, as to the
amount necessary to pay the interest thereon, and to provide a sinking
fund for the final redemption of said bonds.

Section 8. Said board of city affairs, or such other board as may
have the powers heretofore vested in the board of administration, shall

637

receive bids for said bonds after advertising the same for sale once per
week for thirty days on the same day of the week in some newspaper
of general circulation in said city, and shall sell the same for not less
than the par value thereof, with accrued interest, to the highest bidder.
The money arising from th-e sale of said bonds shall be placed in a fund
called "the viaduct fund." Acareful account of the condition of said
fund shall be separately kept by the auditor of said city.

Section 9. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 23, 1898. 202L

[Senate Bill No. 493.]
AN ACT

Supplementary to an act relating to cities of the first class having a population
exceeding one hundred and fifty thousand inhabitants, passed May 4, 1S69 (66
O. L., 30[80]).

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of tlie State of Ohio,
That the board of trustees of any railway appointed under the provisions
of the act to which this act is supplementary, be and they are hereby
authorized, with the approval of the trustees of the sinking fund of said
city, to agree with the lessees of any such railway to modify the terms
and extend the time of grant in any lease thereof for such length of time
and upon such terms and conditions as shall be fixed and provided by
said board of trustees; provided, however, that no modification or exten-
sion of said lease shall be made until the question of making such exten-
sion or modification shall be submitted to a vote of the qualified electors of
said city at a general election held in said city after the making of the
agreement aforesaid. The mayor of said city shall, upon notice given him
of the making of the agreement aforesaid, give at least twenty (20) days*
notice of the time of holding such election to the qualified electors of said
city. The vote shall be taken at the usual time and place of holding elec-
tions in each precinct and ward of said city, and in the usual manner of
holding state and municipal elections ; and the ballots for such elections

shall have printed thereon the words: "Shall the lease of the be

extended and modified? Yes. No." (Inserting in said blank space the
name of said line of railway). And no such extension or modification
shall be binding or take effect unless a majority of all the votes cast
upon the question at said election shall be cast in favor thereof. The
returns of said election shall be made to the board of elections of said
city, which shall canvass the same and report the result to the mayor
thereof, and if a majority of the electors voting upon the question at
such election shall have voted in favor of such extension and modifica-
tion, the said board of trustees are hereby authorized to so extend and
modify said lease and to execute all necessary paper writings therefor.

638

Section 2. It shall be lawful for the board of trustees appointed
under the act to whidi this is supplementary, and they are hereby author-
ized to borrow as a fund for terminal facilities and permanent better-
ments for said line of railway, in addition to the sums heretofore author-
ized, a sum not to exceed two million five hundred thousand dollars, and
to issue bonds therefor in the name and under the corporate seal of the
city owning the line of railway; said bonds shall be signed and attested
in the same manner as the bonds authorized by the act to which this is
supplementary, and shall be secured by a pledge of the faitli of the city
and a tax in addition to all other taxes for municipal purposes, which
shall be annually levied by the council or board of legislation of said
city on the real and personal property returned on the grand levy suf-
ficient to pay the interest and provide a sinking fund for their final re-
demption, and they shall be payable, both as to principal and interest
in any lawful money ^of the United States, at such times and places and
in such sums as shall be deemed best by said board; provided, that
none of the bonds authorized by this act shall bear a greater interest than
four per cent per annum, nor be sold for less than par, and, provided
further, that no more than five hundred thousand dollars shall be bor-
rowed or bonds issued therefor* in any one year.

Section 3. The trustees of said railway are hereby authorized and
empowered to agree with any lessee of said line of railway that they will
exercise the powers granted them in section 2 of this act, on condition
that the said lessee company will enter into a supplemental agreement
with said trustees by which said lessee company will obligate itself as and
by way of additional rental for said line of railway, to pay said trustees
such sum annually as will equal the interest charge upon said bonds and
provide a sinking fund for their redemption at maturity.

Section 4. Upon making the agreement provided for in the pre-
ceding^ section, it shall be submitted to the trustees of the sinking fund
of said city for their approval. If the said trustees of the sinking fund
approve said agreement, or if they fail so to do within ten days thereof,
notice thereof shall be given by the trustees of the railway to the mayor
of the city. Said notice shall contain a copy of the agreement aforesaid,
and of the approval, or the fact of the failure to approve. The mayor
of said city shall thereupon submit the question of the issuahce of the
bonds provided for in section 2 of this act, to a vote of the qualified
electors of said city at a general election held in said city. The mayor
shall give at least twenty days' sotice of the time of holding such elec-
tion, and said notice shall contain a copy of the agreement provided
for in section 3 of this act, and the approval aforesaid of the trustees of
the sinking fund or the fact of their failure to approve. The vote shall
be taken at the usual place of holding such elections in each precinct and
ward of said city, and in the usual manner of holding state and municipal
elections, and the ballots for such election shall have printed thereon
the words: "Shall bonds for terminal facilities and permanent better-
ments for the be issued? Yes. No." (inserting in said

blank space the name of said line of railway). And no bonds shall be
issued under this act unless a majority of all the votes cast upon the
question at said election shall be cast in favor thereof. The returns of
said election shall be made to the board of elections of said city, which
shall canvass the same and report the result to the mayor thereof, who
shall transmit same to the trustees of said railway.

639

Section 5. The said trustees shall expend the said fund in provid-
ing terminal facilities for said railway, and in making permanent better-
ments upon the line thereof, and they shall have the same powers in the
expenditure thereof as they had with reference to the fund expended
under the provisions of the act to which this is supplementary.

Section 6. The trustees of any such railway shall have the power,
and they are hereby authorized, in case the same shall become necessary,,
ill order to protect the interests of such city under any lease and mort-
gage which may have been made under and by virtue of the act of March
18, 1881, entitled "An act supplementary to the act relating to cities of
the first class, having a population exceeding one hundred and fifty thou-
sand inhabitants," passed May 4, 1869 (78 O. L., page 58), at any sale
oi the lessee company's property in any judicial proceeding to bid for and
acquire such property, and the said bid shall be applied as a credit upon
any debt of said lessee company found to be due and owing such city
on account of such lease and mortgage. And in case it shall become
necessary to incur expense in carrying out the provisions of this section,
the said trustees are hereby authorized and empowered to borrow such
sum as may be necessary for said, purpose, and to issue bonds therefor,
payable both as to principal and interest in lawful money of the United
States at such times and places and in such sums as shall be deemed
best by the trustees of such railway. Said bonds shall be sig^ned and
attested in the same manner as the bonds authorized by the act to which
this is supplementary. Said bonds shall bear a rate of interest not to-
exceed four per cent, per annum, and be secured by a pledge of the
faith of the city, and a tax in addition to all other taxes for municipal
purposes, which shall be annually levied by the council or board of
legislation of said city sufficient to pay the interest and provide a sink-
ing fund for their final redemption.

Section 7. In case the said trustees acquire said lessee company's
property by purchase, as provided in the preceding section, or by for-
feiture, they shall have power, with the approval of the trustees of the
sinking fund, to license the right to use and operate the said line of
railway until a lease shall be made thereof, and they shall, as soon as
practicable, lease the line of railway to such person or company as shall
organize or may be organized under the provisions of section 3838 of
the Revised Statutes of Ohio as will conform to the terms and conditions
to be fixed in a form of lease by said trustees, which form shall be sub-
ject to the approval of the trustees of the sinking fund of such city; pro-
vided, that before making such lease said trustees shall invite proposi-
tions for same in accordance with the form aforesaid by advertisements
for such length of time and in such newspapers as shall be prescribed
by the trustees of said railway and the trustees of the sinking fund of
such city; provided, further, that no award of a lease shall be made nor
shall possession be delivered thereunder until approved by the said trus-
tees of the sinking fund. And provided further, that no lease of said
railway shall be made until the question of making such lease be sub-
mitted to the vote of the qualified electors of said city at a general elec-
tion held in said city after an award as aforesaid. The mayor of said
city shall, upon notice given him of an aw^ard of lease as aforesaid, give
at least twenty days' notice of the time of holding such election to the
Qualified electors of said city. The vote shall be taken at the usual place
of holding elections in each precinct and ward of said city, and in the

640

casual manner of holding state and municipal elections, and the ballots

for such election shall have printed thereon the words: "Shall the

be leased? Yes. No." (Inserting in said blank space the name of the
said line of railway). And no such lease shall be binding or take effect
unless a majority of all the votes cast upon the question at said election
shall be cast in favor thereof. The returns of said election shall be made
to the board of elections of said city, which shall canvass the same and
report the result to the mayor thereof; and if a majority of the electors
voting upon the question at such election shall have voted in favor of
said lease, the said boards of trustees are hereby authorized to execute
the same upon the terms and conditions fixed in the form thereof here-
inbefore provided.

Section 8. ITiat the acts of Mdrch 18, 1881 (78 O. L., 58), March
12, 1887 (84 O. L., 82), and section 1 of the act of March 8, 1889 (86 0.
L., 67), each of said acts being entitled "An act supplementary to an act
relating to cities of the first class having a population exceeding <Mie hun-
dred and fifty thousand inhabitants, passed May 4, 1869," be and they
-are hereby repealed.

Section 9. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,
President of the Senate.

Passed April 23, 1898. 203L

[House Bin No. 278.]

AN ACT

'To amend section 4 of an act entitled " An act to establish a board of water and
light trustees in villages in counties containing a city of the second class, third
grade [^,] being applicable to villages of said county, Ohio."

[OXFORD, BUTLER COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
[That] within twenty days after the appointment and qualification of the
original board appointed pursuant hereto, said members shall meet and
effect an organization of said board by the selection of a president and
the election of a secretary for said board; said president shall preside
at the meetings of said board and perform such other duties as may be
prescribed by the board. The secretary of said board shall keep the
records of said board and have charge of the office of said board, receive
all moneys due the board and pay the same over to the treasurer of the
village, taking his receipt for the same, and shall perform such other
<luties as may be required of him by the board. The secretary, who may
or may not be a member of the board, shall be elected annually by the
board for the period erf one year, and shall receive a »lary to be fixed
by the board, and shall give a bond in the sum of one thousand dollars
<:on'ditioned for the faithful performance of his duties, and for the faithful
accounting of all moneys that may come into his hands as such secre-
tary; said bond to be approved by said board and to be filed with the
Arillage clerk.

641

Section 2. This act shall lake effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 26, 1898. 204L

[Senate Bill No. 235.]

AN ACT

To amend an act to authorize the county commissioners of Montgomery county to
build a bridge across the Great Miami river, to issue the necessary bonds and
levy a tax therefor, passed April 27, 1896.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the act to authorize the county commissioners of Montgomery
county to build a bridge across 'the Great Miami river to issue the neces-
sary bonds and levy a tax therefor, passed April 27, 1896 (O. L., 92, page
658), be amended so as to read as follows:

Sec. 1. That the county commissioners of Montgomery county,
Ohio, be and they are hereby authorized to construct a bridge across
the Great Miami river on the turnpike leading from Dayton to Van-
dalia and Troy, at the point where the Miami and Montgomery turnpike
crosses said river, and to construct the necessary approaches thereto.

Sec. 2. For the purpose of providing the funds necessary for build-
ing such bridge and the approaches thereto, the county commissioners
are hereby authorized and empowered to issue the bonds of said county,
not to exceed sixteen thousand (|16,000) dollars, in sums not less than
one hundred, nor more than one thousand dollars each, and said bonds
shall be payable at such times as said commissioners may deem most
advantageous, not exceeding seven years from the date of their issue,
and said commissioners are authorized to negotiate and sell said bonds
at not less than their par value, but the interest on said bonds shall not
exceed six per centum per annum, and the proceeds of sale of said bonds
shall not be applied to any other purpose than the payment of the cost
and expense of the work and improvement hereinbefore provided, and
to pay the interest on said bonds as the same shall accrue.

Sec. 3. Said bonds shall be signed by the commissioners and coim-
tersigned by the auditor of said Montgomery county, Ohio, who shall
keep a record of all bonds issued under and by virtue of this act.

Sec. 4. For the purpose of paying the interest and principal of said
bonds, said commissioners are hereby authorized and empowered, in
addition to the other levies authorized by law, to levy a tax on all tax-
able property in said county, sufficient in amount to pay said interest
and principal, and such tax shall be levied and collected in the same
manner as other taxes are levied and collected.

642

Section 2. Said original act is hereby repealed, and this act shaU
take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives!
ASAHEL W. JONES,
President of the Senate,
Passed April 26, 1898. 205L

[Senate Bin No. 233.]

AN ACT

To create and perpetuate a board of trustees of the firemen's pension fund; to pro-
vide for distribution of such fund, for the pensioning of disabled firemen and
the widows and minor children and dependent mothers or fathers of deceased
firemen in cities of the second class, third grade a.

[SPRINGFIELD.]

Section 1. Be it enacted by the Getteral Assembly of the State of Ohio,
That the persons who, from time to time, compose the board of police
and fire commissioners, or such other board or committee of the city
council of any city of the second class, third grade a, having control or
management of the fire department of such city, and three other per-
sons, members of the fire department therein, elected as hereinafter
provided, shall constitute and be the trustees for the distribution of the
firemen's pension fund now existing or hereafter provided, and shall be
called "the board of trustees of the firemen's pension fund."

Section 2. The three persons to be elected as such trustees shall
together with three other persons, also members of the said fire depart-
ment, be nominated for such oflSce of trustee in a convention to be
composed of one delegate from each engine, chemical engine, hook
and ladder or hose company, fire alarm telegraph company and the
general office belonging to the fire department of any such city and called
by the chief of such fire department or three members of such fire depart-
ment, and convened at least two weeks prior to the election of such three
trustees. That such election shall be held in the respective houses or
headquarters of such engine, chemical engine, hook and ladder or hose
company, telegraph department or general offices, and be by ballot, cast
by the members of the said fire department between the hours of nine
o'clock in the forenoon and six o'clock in the afternoon on the thin!
Tuesday in January, in each and every year hereafter, except the first
election, which shall be held within thirty days after, and by virtue of the
passage of this act. That every such member shall be entitled to cast
only one ballot. That no ballot shall contain the names of more than
three persons, and the persons receiving the highest number of votes
shall be declared elected as such trustees, and hold their office until their
successors are duly elected. That the captain or officer in command of
any such company, on the day of and immediately after holding such
election, shall canvass, count and certify in writing the number of ballots
cast and the vote received by each candidate for the office of the trustee.
After signing such certificate said officer or captain in command shall
at once address and deliver, or mail the same to the city clerk of snch
city, that the mayor, city clerk and chief of the fire department shall

643

together, within three days after the receipt of such certificates by said
secretary, open the same, and ascertain and determine the total number
of votes so cast at said election for the different persons for the office
of trustee as returned by said captain or oflScer in command, and under
the respective hands of such mayor and city clerk, issue certificates of
their election to the three persons elected as such trustees. In case of a
tie vote being received by any two persons for the office of said trustee,
such tie vote shall be decided by casting lots or in any other way which
may be agreed upon by and between the persons for whom such tie vote
was cast. No election shall be set aside for want of formality in balloting
by such members, or certifying or remitting the returns of any such
election by said captain or officer in charge.

Section 3. Said board shall be organized by the election of a
president, vice-president, secretary and treasurer. The secretary shall
keep a full record of the proceedings of said board of trustees, and of
all action taken by it in regard to the said pension fund, and shall annually
make a report to the city council of such city, giving in detail a statement
of the transactions of the board for the current year ending December 31,
in each year. Said report to be made to the council on or before the
second Monday in January of each year. Said treasurer shall safely
keep all bonds, securities or other property belonging to said board
of trustees, and shall annually, at the time above specified, make a report
to said council of the amount and condition of same. He shall give bond,
conditioned according to law, in such amount as said board of trustees
may direct, and with siu*eties to the approval of said board of trustees;
and said offices of secretary and treasurer may be held by the same
person.

Section 4. That the county treasurers of counties containing a
city or cities of the second class, third grade a, shall semi-annually at
the time of their semi-annual settlement with the auditors of their respect-
ive counties, pay over to the treasurer of such cities, on the warrant
of the county auditor, one-half of the taxes paid into the treasury of
such coimty, by insurance companies incorporated by the authority of
any other state or government, and doing bumness in any sudi city, on
the gross receipts of every such insurance company under and by virtue
of the provisions of section 2745 of the Revised Statutes, during the
half year preceding such semi-annual settlement, and the money so paid
over to such city treasurer shall, together with the amount heretofore
so paid, constitute a pension fund for the purposes and objects here-
inafter set forth.

Section 5. In case any such insurance company shall fail to make
return to the office of the auditor of the county in which the office or
agency of such insurance company may be kept, in the month of May,
annually, the amount of the gross receipts of such agency for entry upon
the tax list of the proper county, the auditor shall forthwith give notice of
such failure to the superintendent of insurance, and said superintendent
shall, upon the receipt of such notice from said auditor, forthwith revoke
and recall the license and authority to such insurance company to do or
transact business within the state. And no renewal of authority shall be
granted to such insurance company for three years after such revocation,
and it shall be prohibited from transacting any business in this state
until again duly licensed and authorized so to do, and the said return

644

shall have been duly made. In each and every case of the failure of the
said auditors to give such notice to said superintendent of insurance,
such auditor shall forfeit and pay to said city, for the use and benefit of
said pension fund, the sum of one hundred dollars, such forfeiture to be
recovered of said auditor by an action at law therefor, brought against
him by any person, in the name of any such city, and before any court
of competent jurisdiction.

Section 6. That it shall be the duty of said auditor to make out
and deliver to the said board of trustees annually, on the first of July, in
each and every year hereafter, a correct statement of the name and
agent's name of every such insurance ccynpany so doing business in
said city, together with the amount of the gross receipts of every such
insurance company as returned by said agent or company to said auditor
for the year previous to such first day of July. In case of failure of said
auditor to so make out and deliver to said board of trustees any such
annual statement at the time named in each and every year hereafter,
such auditor shall forfeit and pay to said board of trustees for the use
and benefit of the said pension fund, the sum of twenty-five dollars.
Such forfeiture to be sued for and recovered of such auditor in an action
at law brought against him by any person, in the name of any such
city, and before any court of competent jurisdiction.

Section 7. That it shall be the duty of the auditor of the said county
to make out and deliver to the said board of trustees, semi-annually,
each and every year hereafter, a statement showing the amount of taxes
paid into the treasury of such county by such insurance companies for
the year, or part thereof, prior to the making and delivery of such semi-
annual statement of said auditor to such board of trustees, and in case of
the failure of said auditor to so make out and deliver such semi-annual
statement to said board of trustees, as herein provided, in each and every
year hereafter, such auditor shall forfeit and pay to said board of trus-
tees, for the use and benefit of said pension fund, the sum of twenty-five
dollars. Such forfeiture to be sued for and recovered against him in an
action therefor, brought by any person, in the name of such city, before
any court of competent jurisdiction.

Section 8. All fines imposed upon members of the fire department
in any such cities by way of discipline or punishment, together with all
rewards in money, fees, gifts and emoluments that may be paid or given
especially to said pension fund on account of extraordinary services by
said fire department, or any member thereof (except when allowed to be
retained by such member, or given to endow a medal, or other pennanent
or competitive reward) shall be paid to and received by the said city
treasurer, and applied by him to the said pension fund, and the said
board of trustees may take by gift, grant, devise or bequest any money,
real estate or personal property, right of property or other valuable
thing, the annual income of which shall not exceed fifty thousand dollars
in the whole, and such money, real estate or personal property, right of
property or other valuable thing so obtained, shall in like manner be
paid to and applied by such city treasurer to the said pension fund, and
also to the use of such fund by deposit, investment or profit as herein-
after provided, or as such board of trustees shall direct; provided, that
the sum of one hundred thousand dollars, which may be received and
accumulated under the provisions of this act, shall be, when so received

645

and accumulated, retained as a permanent fund, the annual income of
which may alone be made available for the uses and purposes of said
pension fund.

Section 9. That the treasurer of every such city shall execute a
bond with sufficient sureties to such city for the faithful performance of
his duties as the custodian of such pension fund, in like manner as his
present official bond as such treasurer is drawn, executed and filed, and
in such penal sum as the said board of trustees shall direct.

Section 10. That the said board of trustees shall have power to
draw such pension fund from the treasury of such city and invest the
said fund in the name of the board of trustees of the firemen's pension
fund in interest bearing bonds of the United States, the state of Ohio,
or any county in this state or of said cities, or of any township, incor-
porated village, or other municipal corporation in the state of Ohio,
where the power to issue bonds is derived from either general or special
legislative authority. All of which bonds or other property of said board
of trustees shall be placed in the care of the treasurer of said board of
trustees for safe-keeping. The said board of trustees shall make report
to the common council of the condition of said pension fund on the
second day of January of each and every year.

Section 11. If any member of the fire department of any such
city shall, while in the performance of his duty become, or be found
upon an examination of a medical officer ordered by said board or com-
mittee having control of the fire department to be physically or mentally
permanently disabled and such disability shall have been caused in or
induced by the actual performance of the duties of his position as such
member so as to render necessary his retirement from all services in
said fire department, such board or committee shall have power to retire
such permanently disabled member from all service in said fire depart-
ment, and upon such retirement said board of trustees shall authorize
the payment to such permanently disabled member, monthly from the
said pension fund, upon the order of the city clerk, of the sum of not
less than twenty-five dollars nor more than forty dollars. If any member
of the said fire department shall, while in the performance of his duty,
be killed, or die from the effects of an injury received, or of any disease
thus contracted, or while retired, die from such cause, and such member
so killed or dying from said injuries or disease, shall leave a widow,
or minor child or children under sixteen years of age, or a mother who
depended upon him for support, said board of trustees shall authorize
and direct the payment from the said pension fund of the following sums
monthly, to wit: To such widow, while unmarried, twenty dollars; to
the guardian of such minor child or children, six dollars for each of said
children until each child shall respectively arrive at the age of sixteen
years, and twenty dollars to such dependent mother, until she remarries;
and in case that there is no dependent mother, but a father who is
dependent upon such member for support, said dependent father shall
be paid the same sum monthly provided herein to be paid to a dependent
mother; provided, however, that if at any time there should not be suf-
ficient money for [or] bonds to the credit of the said pension fund to pay
to each person entitled to the benefit thereof, the full amount per month
as hereinbefore stated, then and in that event, an equal percentage of
said monthly payments shall be made to each beneficiary thereof, until

646

said fund is so replenished as to warrant payment in full to each of
said beneficiaries.

Section 12. In case of partial permanent disability of any member
of said fire department, caused in or induced by the actual performance
of the duties of his position as such member, the chief of such fire depart*
ment, upon an examination of such partially permanently disabled mem-
ber by the medical officer ordered by the said board of trustees, shall
have power to relieve such partially permanently disabled member from
actual service at fires, and the said board of trustees, upon such member
being so relieved, shall authorize the payment to such partially perma-
nently disabled member monthly from the said pension fund, of a sum
not less than twenty dollars nor more than thirty dollars, or in proportion
to the number of beneficiaries of said fund (as the condition of said
pension fund) may warrant. The member so partially permanently dis-
abled and relieved from active service at fires shall remain a member
of said fire department, subject to the rules governing the same, and
may be ordered by the said chief of said fire department to the per-
formance of such light duties as the medical officer ordered by said
board of trustees may certify him qualified to perform, and the board
of police and fire commissioners, or such other board or committee
<rf the city council having control or management of the fire depart-
ment of any such city, in the manner provided by law, may out of the
general fund of the said fire department, fix and pay such additional
compensation for the performance of said light duties, as the circum-
stances and merit of each case may warrant Such pension and addi-
tional compensation so paid to such partially and also to such perma-
nently disabled member mentioned in this and the preceding section
of this act, shall be in lieu of any salary received by such member at
the date of his being so relieved from active service at fires, and said city
shall not be liable for the payment of any other claim or demand for
services hereafter rendered by such partially or permanently disabled
member.

Section 13. Any person who has served in the fire department
of any such city for twenty-five years, and who has attained the age
of fifty-five years or over, and who is then a regular employe in said
fire department may at the option of a majority of the members of' tne
said board of trustees of the fu-emen's pension fund, be entitled to receive
and may be so paid by said board of trustees, monthly, from the said
pension fund, not to exceed twenty-five dollars, or in proportion to the
number of beneficiaries of said fund, as the condition of said pension fund
will warrant; provided, however, that no member of said board of trustees
having any interest, either directly or indirectly, in such claim, shall
be entitled to a vote thereon; and, provided further, that said board of
trustees may, for good cause at any time, suspend the payment of any
of the claims or amounts provided for in this act

Section 14. That no portion of said pension fund shall, either before
or after its order of distribution by the said board of trustees to such
disabled member of said fire department or [to] the widow or guardian
of the minor child or children, or to the dependent mother or father
of the deceased or retired member <rf said department, be held, seized,
taken, subjugated to, detained or levied on by virtue of any attachment,
execution, injunction, writ, interlocutory, or other order or decree, or

647

any process or proceeding whatever, issued out of or by any court in
this state, for the payment or satisfaction, in whole or in part, or any
debt, damages, claim, demand, judgment, fine or amercement of such
member, or his said widow, or the guardian of the minor child or chil-
dren, or of the dependent mother or father of any deceased member; but
the said fund shall be sacredly kept, held, secured, promoted and distrib-
uted for the purpose of pensioning the persons named in this act, and
for no other pur|x>se whatever.

Section 15. That all acts, or parts of acts, inconsistent w'th this
act, be and the same are hereby repealed.

Section 16. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of R\^presentatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 206L

[House Bill No. 111.]

AN ACT

To provide for the disposition of the net earnings and revenue and the proceeds of
the sale of any railroad built under the provisions of an act entitled "An act
relating to cities of the first class having a population exceeding one hundred
and finy thousand inhabitants," passed May 4, 1869 (Ohio Laws, vol. 66, page
80), and the acts amendatory and supplemeutary thereto.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That whenever, in any city of the first class a railroad has been built, or
may hereafter be built, under the provisions of an act entitled "An act
relating to cities of the first class having a population exceeding one
hundred and fifty thousand inhabitants," passed May 4, 1869 (Ohio Laws,
vol 66, page 80), and the acts amendatory and supplementary thereto,
an net earnings and incomes therefrom shall be paid into the treasury of
said city to the credit of the interest fund; and in the case of the sale
or final disposition of said railroad, the purchase money or price shall
be paid into the treasury of said city to the credit of the sinking fund,
and shall be applied to the reduction of tlie bonded debt of said city
until the same ^all be extinguished, due regard being had to the priority
right of any issue or issues of bonds to tlie proceeds of such sale.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 207L

648

[Senate Bill No. 85.]

AN ACT

To provide a board of park commissioners in cities of the first grade of the first
class, to provide for the acquisition and improvement of property for park pur-
poses and for roadways connecting parks.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the first grade of the first class the power to acquire
property for pubHc park purposes, and for the extension of the public parks
and the improvement of such acquisitions and extensions, shall be
vested in a board of park commissioners, which shall consist of five per-
sons appointed by the mayor of such city, at least ten days before the
vote shall be had as provided for in section seven of this act. Each per-
son so appointed shall be an elector of such city and shall give a bond to
the satisfaction of the mayor and corporation counsel thereof in the sum
of twenty-five thousand dollars for the faithful performance of his duties
as such commissioner. Each of said commissioners shall be appointed
for the term of five years, and at the expiration of the term of each his
successor shall be appointed for a term of five years, or the sooner com-
pletion of the work authorized by this act. He shall serve without com-
pensation and until his successor is appointed and qualified. The travel-
ing and other necessary expenses of the commissioners shall be allowed
and paid by the board. All vacancies in said board for unexpired terms
shall be filled by said mayor. The mayor may remove any commissioner
for cause upon notice and hearing.

Section 2. Said board shall annually choose one .of its members
chairman, and may from time to time appoint a secretary, and emptoy
such other persons as it deems necessary to carry out the purposes of
this act; it may determine the duties and compensation of such ap-
pointees, remove the same at pleasure, and make all reasonable rules
and regulations. Said board shall have a suitable office, which shall
he at the city hall, if there be one, where its maps, plans, documents,,
records and accounts shall be kept, subject to public inspection. The
board shall cause a complete record of all its proceedings to be kept,
and transcripts of any part thereof certified by the secretary shall be
competent evidence in all courts. On or before the first day of January
in each year said board shall make a report of its proceedings to the
mayor, together with a full statement of its receipts and disbursements.

Section 3. The jurisdiction and powers of said board shall be ex-
clusive and shall extend to and may be exercised throughout the county
within which the city wherein the board shall be appointed is situated.

Section 4. Said board of park commissioners shall also have the
power to receive, manage and control, in the name of such city, any and
all gifts, donations and devises of land or other property suitable to the
carrying out of the purposes of this act, upon such terms and conditions
as may be agreed upon between the donors thereof and said board.

Section 5. Said board is further authorized to acquire by purchase
or by condemnation proceedings, on behalf of such city, all real and per-
sonal property necessary to carry out the purposes of this act, whether
said real property be within or without the limits of such city. And

649

wherever it shall be deemed necessary in the opinion of said board to
appropriate land, it is hereby authorized to commence and conduct, in
the name of such city, proceedings therefor, under and according to
chapter three, division seven, title twelve of the Revised Statutes of Ohio
and the acts amendatory and supplementary thereto, and no concurrent
action of any board or officer shall be necessary, and all the powers with
respect to such proceedings that are now vested in any other board or
officer shall be vested also in and may be exercised by said board of
park commissioners.

Section 6. To provide a fund with which to pay the cost and ex-
pense of so acquiring real property by purchase or condemnation and of
constructing and improving park entrances and roadways connecting
public parks, and of acquiring and constructing public play grounds,
public baths and gymnasiums, and of planting trees upon the streets of
such city; the said board of park commissioners is hereby authorized to
borrow, at such times and in such amounts as said board may determine,
in behalf of such city, an amount not to exceed two million, dollars, in
the aggregate, and to issue bonds therefor in the name of such city
under its corporate seal. Such bonds shall be designated "park im-
provement bonds," shall be signed by the president of said board and
by the mayor of such city and attested by the auditor of such city, or
other auditing officer, if there be no auditor, they shall bear such interest,
not exceeding four per cent, per annum, and be payable at such times
and places, and in such amounts as said commissioners may determine.
Said bonds shall be sold as provided by law, and be secured by the pledge
of the faith of such city and by a tax which it shall be the duty of the
board of legislation or council of such city to levy annually upon all the
taxable property of such city and to certify the same to the county
auditor of the county in which such city is situated upon a certificate
from the trustees of the sinking fund of such city as to the amount
necessary to pay the interest upon said bonds and to provide a sinkmg
fund for the final redemption thereof. Said taxes shall be in addition
to the amount authorized by law to be levied for municipal purposes.
Provided, however, that no bonds shall be issued by said board until
the assent of the electors of such city shall have been first obtained in
the manner provided for in section seven of this act.

Section 7. The board of elections of such city shall at the next
regular election to be held in such city, whether for county or municipal
purposes, print separate ballots for the use of electors, upon each of which
ballot shall be printed the words: "Park improvements and issue of two
million dollars of bonds — Yes." "Park improvements and issue of two
million dollars of bonds — No." And the electors shall express their
assent to said issue of bonds in the sum and for the purposes above set
out by placing a X opposite the word "yes," and their dissent thereto by
placing a X opposite the word "no," or by otherwise clearly indicating
on said ballot their will in the premises. If a majority of the votes cast
upon the measure shall be in the affirmative, the power in said board of
park commissioners to borrow said amount of money and to issue said
bonds, as above provided for, shall be complete.

Section 8. The money arising from the sale of said bonds shall be
placed in a fund to be called the "park improvement fund," and a care-
ful account of said fund shall be kept by the auditor of such city. Said

_ V

650

fund shall be applied exclusively to the acquisition of land by purchase
or condemnation for park, purposes, the extension and improvement of
parks and the construction of park entrances, park driveways and road-
ways connecting parks, and of planting trees upon the streets of such
city, and no payment shall be made out of said fund except upon a
resolution duly adopted by said board specially appropriating the same
and upon vouchers properly approved by said board.

Section 9. No member of said board of park commissioners and
no person employed by it, shall have power to create any debt, obliga-
tion, claim or liability for or on account oi said board or of such city,
except upon the express authority of said board conferred at a meeting
thereof duly convened and held.

Section 10. All contracts entered into by said board of park com-
n)issioners shall be in the name of such city and be signed by the presi-
dent and secretary of said board and by the contractor. In making
contracts said board shall be governed by the provisions of an act en-
titied "An act to regulate the award of contracts and for other purposes
in cities of the first grade of the first class," passed March 21, 18^ (84
O. L., 233).

Section 11. No member or employe of said board shall have any
pecuniary interest in any contract entered into or expenditure made by
said board.

Section 12. No steam or street-railroad shall be operated or laid
out, through, or over any park, driveway or road connecting parks un-
der the control of said board of park commissioners, without the consent
of said board. But the proper authorities of such city, or of the county
in which such city is situated, may grant the right to steam or street-
railroad companies to cross said park driveways and roadways witii their
tracks, but said crossing shall not be on grade if in the judgment of the
board in control of said driveway or railway [roadway] said crossing
can be otherwise made.

Section 13. All lands and interests in lands, and all improvements
acquired and made by virtue hereof, shall be under the control of said
board, so long as it deems the same respectively to be incomplete, but
when each is in its judgment completed, such completed portion shall be
turned over to the board or officials having charge of the parks of such
city, and when the amount of the authorized loan has been expended
under the directions of the board created hereunder, said improvements
shall be regarded as completed.

Section 14. No part of the "park improvement fund" authorized
by this act shall be expended in any of the present parks, if there be any
in said cities, except for constructing public play grounds, public baths
and gymnasiums, and then only by and with [the] consent of the board or
officials having charge of such parks.

Section 15. All acts and parts of acts which are inconsistent with
any of the provisions of this act, shall be treated as inapplicable thereto,
and this act shall take effect and be in force from and after its passage.

- HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate,
Passed April 26, 1898. 208L

651

[House Bill No. 443.]

AN ACT

To authorize the trustees of Jackson township, Wyandot county, Ohio, to pay Wm.
B. Haner four hundred and eighty-three dollars and thirty^seven cents
($483.37), to reimburse him for loss sustained by him while treasurer of said
township, by reason of the defalcation of A. H. Flickinger, county treasurer.

Whereas, By the defalcation of A. H. Flickinger, county treasurer
of Wyandot county, state of Ohio, William B. Haner, township treas-
urer of Jackson township, Wyandot county, Ohio, sustained a loss of
four hundred and eighty-three dollars and thirty-seven cents (|483.37);
and.

Whereas, The said loss was not the result of negligence or careless-
ness on the part of the said William B. Haner; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of Jackson township, Wyandot county, state of Ohio,
be and are hereby authorized to draw their warrant on the township
treasurer of Jackson township, Wyandot county, state of Ohio, for the
sum of four hundred and eighty-three dollars and tlurty-seven cents
(1483.37), the said sum to be in full payment of the loss sustained by
reason of said defalcation. Provided, that at a special election to
be called by the trustees or at the next general election after the passage
of this act it shall be submitted to a vote of the qualified electors of Jack-
son township, Wyandot county, Ohio, at which election there shall be
written or printed on the ballots: "For the relief of William B. Haner."
"Against the relief of William B. Haner." If a majority of the votes
cast at such election shall be in favor of the relief of said William B.
Haner, then this act shall be in full force and effect.

Section 2. This act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 25, 1898. 209L

[House Bill No. 471.]

AN ACT

^'or Uie relief of H. R. Gore, ex-treasurer of Bratten township, Adams county, Ohio.

Whereas, H. R. Gore was at the /vpril election A. D. 1892, duly
tlected township treasurer of the township of Bratten, Adams county,
Ohio; and,

Whereas, As such treasurer, he in good faith deposited certain funds
of said township in the Citizen's National bank of Hillsboro, Highland
county, Ohio, which was recognized to be a safe and reliable bank ; and.

Whereas, Said Citizen's National bank did on the ninth (9) day of
June, A. D. 1893, fail and suspend payment; and,

Whereas, The receiver of said bank has paid upon the amount of
said township funds so deposited in said bank, and being at the time of

652

its failure, the sum of three hundred and seventy-five dollars and fifty-
five cents ($375.55), a dividend of 60 per cent., to wit: The sum of two
himdred and twenty-five dollars and thirty-three cents (225.33); and,

Whereas, Said receiver will be able to pay only a small portion of
said balance of one hundred and fifty dollars and twenty-two cents
($150.22), leaving the balance uncollectable, for which said H. R. Gore
has settled in full with the township trustees of said Bratten township;
and,

Whereas, A large number of resident tax-payers, to wit, 90 per
cent, have petitioned this general assembly for the relief of said H. R.
Gore, by authorizing the township trustees of Bratten township, Adams
county, Ohio, to refund to said H. R. Gore the sum so paid by him on
account of the failure of said Citizen's National bank of Hillsboro, Ohio;
therefore.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the township trustees of Bratten township, Adams county, Ohio,
be and they are hereby authorized and empoWwed by suitable resolu-
tion and act to refund to said H. R. Gore the said sum of one hundred
and fifty dollars and twenty-two cents ($150.22).

Section 2. And any and all dividends hereafter paid by the said
receiver of the Citizen's National bank shall be paid to the treasurer of
Bratten township as funds of said township.

Section 3. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of RepresetUatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 210L

[House Bin No. 479.]

AN ACT

[A bill] to regulate and control primary elections in cities of the first grade of the
first class and in any county containing such city.

[CINCINNATI AND HAMILTON COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That primary or nominating elections, in cities of the first grade of the
first class, and in any county containing such city, for nominating county
or township or municipal officers, or judicial officers chosen by the voters
of such city or county, or members of the general assembly or represen-
tatives in congress, or members of central, controlling or executive
committees of political parties shall be held according to the provisions
of this act, and persons not nominated in accordance therewith, shall
not be considered candidates of either of the political parties herein
specially designated, and their names shall not be printed upon the
official ballot under such party symbol or name.

Section 2. Such elections held to nominate candidates to be voted
for on the first Tuesday after the first Monday in November each year,

663

shall be held on the first Tuesday after the second Monday in September;
and when held to nominate candidates to be voted for on the first Mon-
day in April they shall be held on the first Monday in March. At all
such elections the polls shall be open at six o'clock in the morning
and closed at two o'clock in the afternoon ; except that in townships and
villages in such aforementioned county, the board of elections may direct
the polls at primary elections held in March, to be closed at an earlier
hour, not however before ten (10) o'clock. The board of elections for
such county shall have all the powers and perform all the duties set
forth in the laws governing general and municipal elections in this state,
including printing and distributing ballots, providing voting shelves, pro-
tecting electors, guarding the secrecy of the ballot, and making rules
and regulations not inconsistent with law, for the guidance of election
officers; and all provisions of the laws of the state, so far as appUcable,
shall be enforced in the primary elections herein designated.

Section 3. The two political parties for whose candidates the
largest number of votes were cast for officers of the state, at the last
preceding general election, shall make nominations for officers and mem-
bers of the general assembly and representatives in congress and com-
mitteemen as provided in this act; and any other political party or
organization may hold an election for the same purposes at the same
time and plkces, with the approval of the board of elections, but such
other parties shall give notice in writing filed in the office of the board
of elections not less than thirty days before the day herein fixed for
holding such primary election. On each day herein designated for hold-
ing primary election, a full board of election officers shall be assigned
to duty at each polling place, except as herein otherwise permitted, and
such election officers shall jointly conduct the election as to all parties.
Each party participating in the election shall have a separate ballot-box,
which shall be distinctly indicated by the party name either in lettering
on the box or by a card thereon, or both, so that each voter may witness
the deposit of his ballot. The directions for printing and distributing
ballots in general elections shall- be observed, except that the ballots, for
each party shall be separate, the names of candidates shall be printed
alphabetically in groups under the proper designation, and the ballots
shall be made readily distinguishable, either by being printed on paper
of different colors, or by printing the party name across the back, or
by both. Nominations for places on these official ballots shall be made
by petitions at least ten (10) days before the day herein designated for
holding a primary election. A candidate to be voted for only in one
election precinct shall file a petition with the board of elections signed
by electors of such precinct, in number not less than one-tenth of the
voters of his party in such precinct, as shown by the last preceding
general election, taking the highest number of votes cast and counted
for any candidate of his party. If to be voted for throughout a ward
or township, the petition in behalf of such candidate shall be signed
by not less than five per centum of the votes as above, and if a candi-
date throughout the city or county as heretofore described, the petition
shall be signed by not less than three hundred electors, and if a can-
didate for", representative in congress the petition shall be signed by
three hundred electors of his said district. Such signatures shall be made
in mk, by each sig^ner for himself, and each signer shall also give his
place of residence by definite description.

654

Section 4. At such electicms only legally qualified electors, or such
as will be legally qualified electors at the next general or municipal elec-
tion, may vote, and all electors shall vote only in the election precinct
where they reside; and no person shall be considered a member of any
political party for the purpose of voting as such at a primary election
unless he has before openly affiliated with such party. In election precincts
where registration of electors is required, the registers for the last elec-
tion shall be in use as required at general elections, and no one shall
vote unless he be a registered elector in the precinct in which he resides
on the day of the primary election. Except that any elector who, by rea-
son of non-age, alienage or removal of residence, may not be registered
in the election precinct where he resides, may nevertheless be permitted
to vote by observing the following requirements: If he be not registered
by reason of non-age, alienage or removal of residence from a precinct
wherein registration is not required, he shall make a statement in writing
under oath, setting forth all the particulars required in registration oi
electors, together with the reason for not being a registered elector,
which affidavit shall be returned to the office of the board of elections
to be kept for one year. If he is already registered elsewhere as an elector
he shall secure and present a certificate of removal as required by section
20266 of the Revised Statutes, and for such purpose registrars are author-
ized to issue removal certificates upon the day of primary elections. In
all the foregoing cases, upon complying with the foregoing requirements^
the name of the applicant shall at once be entered upon the registers,
with all the particulars, and upon his voting it shall be checked off.
And such registration shall be valid for all purposes, as if made upon
days for general registration. When the executive, central or controlling
committee of either political party, as herein provided, shall give notice to
the board of elections that such party desires to elect delegates to a nom-
inating convention, then the elections as herein provided as to such party
shall be for the purpose of choosing delegates to such nominating con-
vention, and the delegates so chosen shall meet in convention at such time
and place as the said committee may designate by public notice not less
than ten days before the election; but such convention shall not convene
earlier than the third day after the election at which delegates to such
convention were chosen. Provided such notice of a purpose to elect such
delegates shall be filed in the office of the board of elections, not less than
seventy-five days before the day herein fixed for holding the primary elec-
tion in September and not less than sixty days before the day for holding
the primary election in March; and such notice may only be authorized
by the vote of a majority of the members elected to such committee,
who shall each sign his name to the notice. In considering such notices
the board of elections shall disregard all proxies, and consider only the
autograph signatures of elected members chosen at the last preceding pri-
mary election. When such notice has not been given in time, manner and
form as required above, then the electors shall vote direct for candidates
to be voted for at the next ensuing election, and the candidate having
the highest number of votes for each office shall be the nominee of such
party for such office, and his name shall be so printed on the official
ballot. In case the election has been held to choose candidates, or in
case any person is voted for in more than one election precinct, the
board of elections shall canvass the vote and declare the result, and
in case of a tie vote the candidates having the highest and equal votes.

696

shall, in presence of the board of elections, determine the result by lot.
If they fail to do so, the board shall decide the matter in the same manner*
In case of a vacancy or vacancies in the list of nominations occurring
by death or otherwise, after such result has been declared, said vacancy
or vacancies shall be filled by the properly constituted county, central,
controlling or executive committee of the party holding the primary,
unless the office to be filled is a municipal one, in which case said vacancy
or vacancies shall be filled by the properly constituted city, executive,,
central or controlling committee of such party and the name or names
of the candidates selected by such committee shall be reported to the
board of elections of said county and such board shall cause the said
name or names to be placed on the official ballot to be voted at the
ensuing election. At the close of the polls the judges shall at once can-
vass the vote and make return as required by law in other elections. If
the election has been held to choose committeemen chosen by election
precincts, the judges shall, over the signatures of the chairman and'
clerks, issue certificates of election to the persons so chosen, and make
returns of their action to the board of elections. When candidates have
been voted for in more than one election precinct, the board of elections
shall canvass the vote and declare the result.

Section 5. When no petition has been filed for placing names
on the official ballot in behalf of a political party, then no election as to-
such party shall be held, and when names in behalf of only one of the
two leading political parties have been so presented, the board of elec-
tions may, in their own discretion, assigpi but two judges and one clerk
to conduct the election.

Section 6. For their services at such elections judges and clerks^,
serving in precincts within a city herein described, shall receive each
three dollars for each election, and those serving in precincts in the
county but not included in such city, shall receive not less than two
dollars nor more than three dollars for each election, to be fixed by the
board of elections according to the number of hours served.

Section 7. 1. All provisions and requirements of the laws of this
state to preserve and protect the purity of elections, and all the penalties
for violation of such laws shall apply and shall be enforced as to alt
elections held under this act.

2. Whoever with intent to defraud or deceive writes or signs the
name of another person to any document, petition or book, required by
law in general, special or primary elections, shall be guilty of forgery,
and shall be imprisoned in the penitentiary not less than one year nor
more than three years.

8. Whoever attempts to vote at any election knowing that he is
not a qualified elector, or to vote under an assumed or false name, shsU
be fined not less than twenty-five dollars nor more than one hundred
dollars, or imprisoned in the county jail not less than three months nor
more thap six months, or both.

4. Whoever personates another for the purpose of voting, or
attempts to vote by claiming or assuming the name or place of any
re^stered elector, shall be imprisoned in the penitentiary not less thair
two years nor more than five years.

656

Section 8. All previous acts conflicting with this act are hereby
repealed, and this act shall take effect and be in force from and after
its passage. HARRY C. MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate
Passed April 25, 1898. 211L

[House Bill No. 483.]

AN ACT

To amend section 29 of an act entitled " An act to provide a license on trades, busi-
ness, and professions carried on in cities of the first grade of the first class;
and providing for the enforcement and collection of fines and penalties for
carrving on business without license, and for other purposes/' passed April 16,
1883' (O. L., vol. 80, page 129), as amended February 21, 1893 (O. L., voL 90, page
253), and April 27, 1896 (O. L., vol. 92, page 724).

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 29 of an act entitled "An act to provide a license on trades,
business, and professions carried on in cities of the first grade of the
first class, and providing for the enforcement and collection of fines and
penalties for carrying on business without license, and for other pur-
poses," passed April 16, 1883 (O. L., vol. 80, page 129), as amended
February 21, 1893 (O. L., vol. 90, page 253), and April 27, 1896 (0. L,
vol. 92, page 724), be amended to read as follows:

Sec. 29. All persons, firms or corporations using any vehicles on
the streets of the city shall pay annual license fees upon all such vehicles
as follows:

For each sulky, three (3) dollars.

For each cab or hack, five (5) dollars.

For each buggy or private carriage, three (3) dollars.

For each hotel coach or carriage, seven (7) dollars.

For each furniture car, ten (10) dollars.

For each two-horse omnibus, seven (7) dollars.

For each four-horse omnibus, ten (10) dollars.

For each six-horse omnibus, fifteen (15) dollars.

For each cart drawn by one horse, three (3) dollars.

For each cart drawn by two horses, ten (10) dollars.

For each wagon (with springs) drawn by one horse, two (2) dollars.

For each wagon (with springs) drawn by two horses, seven (7)
dollars.

For each wagon (with springs) drawn by three horses, ten (10)
dollars.

For each wagon (with springs) drawn by four horses, fourteen (14)
dollars.

For each wagon (with springs) drawn by six horses, eighteen (18)
dollars.

For each wagon, dray, truck or drag (without springs) drawn by
one horse, three (3) dollars.

For each wagon, dray, truck or drag (without springs) drawn by
two horses, ten (10) dollars.

667

For each wagon, dray, truck or drag (without springs) drawn by
three horses, twelve {12) dollars.

For each wagon, dray, truck or drag (without springs) drawn by
four horses, fifteen (15) dqllars.

For each wagon, dray, truck or drag (without springs) drawn by
six or more horses, twenty (20) dollars.

Provided, that none of the provisions of this act shall be held to
apply to fanners marketing the products of their farm; nor shall f^mers
be liable for vehicles 'or any license whatever for marketing, selling,
hawking, or peddling the products of their farms, or for hauling any
produce into or from said city to the country, in cities of the first grade
of the first class, nor shall the provisions (A this act be held to apply to
gardeners, fruit-growers or florists; and provided further, that the city
auditor shall have authority (on the surrender and cancellation of any
license issued under the provisions of this section 29) to rebate and refund
a pro rata amount of the cost of such license for the unexpired terra for
which said license has been issued; and provided further, that the city
auditor shall have authority to issue Hcense for the unexpired fraction
of any year upon receiving satisfactory evidence that the vehicle sought
to be licensed has not been in use at any time during the current year
prior to the time of making application for such license. Dairymen
living without said city shall pay license fees upon their vehicles used
upon the streets of said city as follows:

For each one-horse wagon, three (8) dollars.

For each two-horse wagon, five (5) dollars.

For each three or four-horse wagon, ten (10) dollars.
' Section 2. Said original section 29 (as amended) is hereby repealed.

Section 3. This act shall take effect and be in force from and
after January 1, 1899.

HARRY C MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 212L

[House Bill No. 486.]

AN ACT

To authorize cities of the first grade of the first class to issue bonds to pay for prop-
erty appropriated to open, extend, widen or straighten streets.

[CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the first grade of the first class, the board of adminis-
tration shall have the power to issue bonds in the name of such city and
under the corporate seal thereof, in a sum not to exceed eleven thousand
l|ll,000) dolhirs to provide a special fund to pay the costs and expenses
of property appropriated to public use for the opening, extending, widen-
ing or straightening of any street or streets or highway, or any part
thereof, in any such city. Said bonds shall be made payable not less?
than ten years nor more than twenty years from the date of their issue,

658

bear interest not exceeding four per centum per annum, be signed by
the president of such board of administration and by the mayor ot said
city, and be attested by the city auditor of such city, and be secured
by the pledge of the faith of such city, and by a tax which it shall be
the duty of the board of legislation of such city to levy upon all the tax-
able property of such city, and to certify the same to the county auditor
of the county in which such city is situated, upon a certificate from such
board of administration as to the amount necessary to pay the interest
thereon, and to provide a sinking fund for the final redemption of said
bonds. Said taxes shall be in addition to the amount authorized by law
to be levied for municipal purposes.

Section 2. Said board of administration shall offer said bonds
for sale to the sinking fund trustees of said city, and if said sinking fund
trustees decline to accept the same, said board of administration shall
then advertise said bonds for sale once a week for four consecutive
weeks in a newspaper of general circulation in said city, and sell the
same for not less than the par value thereof and accrued interest to the
highest bidder. . The money arising from the sale of said bonds shall
be placed in a fund to be called the "special condemnation fund," and
a careful account of said fund shall be kept by the city auditor.

Section 3. Said fund shall be used only for the purpose of paying
the costs and expenses for property heretofore or hereafter condemned
and appropriated to public use for the opening, extending, widening or
straightening of any street or streets, or highway or highways, or any
part thereof which may be located in such city, the condemnation and
appropriation of which shall have received the recommendation of tie
board of administration of such city and an ordinance therefor been
passed by the council or board of legislation of such city; and the said
fund shall only be paid out upon a resolution or resolutions passed by
the board of administration of such city especially appropriating the
same, and upon vouchers properly approved by said board of admin-
istration.

Section 4. This act shall take effect and be in force on and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 213L

[Senate Bill No. 313.]

AN ACT

To authorize the commissioners of Ottawa county, Ohio, to build a court-house.

Section 1. Be it enacted by tlie General Assembly of the State of Ohio,
That the commissioners of Ottawa county, Ohio, be and they are hereby
authorized to build a court-house at the county seat of said county, upon
the present court-house site, at a cost not to exceed fifty thousand dol-
lars, including ten thousand dollars now in the treasury of said county
realized from the sale of bonds by the county commissioners of said count)*
recently sold for the purpose of repairing the present court-house.

659

Section 2. To carry out the provisions of this act, said commis-
sioners are hereby authorized, by taxation upon the property in said
county subject to taxation, to raise the amount of money necessary for
that purpose, not exceeding the sum above named. And in anticipation
of the collection of such taxes said commissioners shall have power tc
issue the bonds of said county with interest coupons attached thereto,
interest payable semi-annually, in sums of not less than five hundred
dollars, principal and interest payable at the office of the treasurer of
said county, or at such other place as may be designated in the bonds;
said bonds to be due and payable at such times as such commissioners
may in their discretion deem for the best interest of said county; pro-
vided, that none of said bonds shall be due and payable at a longer period
of than twenty years from their date; and, provided further, that the
aggregate of the principal of said bonds, to be issued under this act,
shall not exceed the sum of forty thousand dollars; said bonds to bear
a rate of interest not exceeding five per centum per annum, and to be
sold for not less than their par value.

Section 3. Said bonds shall be issued and signed by said com-
missioners and countersigned by the county auditor, who shall keep and
preserve a record of the bonds so issued, and said bonds shall be num-
bered consecutively and be made negotiable.

Section 4. Said commissioners shall, annually hereafter, at their
June session, levy such an amount of taxes upon the tax duplicate of
the county as shall be necessary to pay the accruing interest upon said
bonds, and such part of the principal thereof as falls due each year until
said indebtedness is fully discharged. Said commissioners are hereby
authorized and empowered to purchase any of said bonds at an earlier
period than their maturity, provided a surplus fund may be on hand
applicable to that purpose.

Section 5. There shall be appointed by the judges of the circuit
court of said county four competent freeholders thereof, not more than
two of whom shall be members of the same political party, to be known
as the "building committee," who shall hold their office for two years
or until said court-house is completed, unless the court shall sooner
remove them. They are hereby authorized to act and vote with said
commissioners in procuring, making and approving plans, estimates and
specifications for said court-house, in awarding contracts for labor and
materials used in building the same, and in determining all questions
in connection therewith until it shall be completed according to con-
tracts and accepted by a majority of said commissioners and said com-
mittee; and said judges are authorized to fill any vacancy arising in
said committee from any cause, should they deem it necessary and
advisable so to do.

Section 6. Said committee shall receive the same compensation
for their services as is now allowed by law to county commissioners for
similar services, which shall be paid out of the county treasury on war-
rant of the county auditor.

Section 7. Said commissioners and committee may, in their discre-
tion, advertise for proposals for the entire work at a single job or
separate portions thereof, to the lowest responsible bidder, and receive
and accept bids therefor.

660

Section 8. Before any proceedings shall be had or Gommeoced
under the prior sections of this act, said county commissioners shaO
submit the question as to the policy ol the building of such court-house
to the voters of said county, as provided by section 2825 of the Revised
Statutes, and such proposition shall have received a majority of those
voting thereon at an election as provided in said section 2826.

Section 9. This act shsfll take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representaiives,
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 214L

[Senate Bill No. 388.)

AN ACT

To limit compensation of county officers in Holmes county.

Section 1. Be it enacted by the General Assembly of the Staie 9f Ohi»,
That in Hohnes county the compensation of the county officers here-
after elected in said county shall be by annual salary exclusively, except
as otherwise provided in this section, to be paid in monthly installments
as follows: Probate judge, one thousand dollars; auditor, fifteen hun-
dred dollars; treasurer, twelve hundred dollars; clerk of courts, one
thousand dollars; sheriff, twelve hundred dollars; recorder, seven hun-
dred dollars; prosecuting attorney, seven hundred dollars, which amounts i
shall include all clerk or deputy hire for said officials. The commis- |
sioners shall each receive six hundred dollars, which shall be in lieu of |
all per diem, mileage and expenses now received by the commissioners.
And no county officer shall receive, nor agree to receive, directly or in-
directly, any additional compensation from any source whatever, for
the performance or omission of any official duty, except that the pro-
bate judge shall be entitled to receive the fee now allowed by law for
issuing a marriage license and filing and recording the certificate of
marriage; and the auditor shall be entitled to receive the fees authorized
by law for transfers of real estate; and the commissioners may receive
their traveling expenses when on duty outside of the county. Nor shall
either of said officers receive a reward of any kind from any employe in
his office, or other person, in consideration of the appointment of any
such employe, nor any portion of the compensation of any of his em-
ployes, nor any money or thing by way of g^t or otherwise, from any
officer, agent or employe of the county or its commissioners, or from any
other person; and no such employe shall pay, or agree to pay, directly
or indirectly, to the officer by whom he is empk>yed, any reward for his
appointment, nor receive from any person any fee or compensation for
his own use or for the use of such officer, for the performance or omis-
sion of any official duty.

Section 2. All fees, costs, percentages, penalties, allowances and
other perquisites, which are now, or may hereafter be allowed by bw
for the performance of official duty by any officer mentioned in section
one, shall, when collected, be for the sole use of the county, except as

661

otherwise provided in this act, and the total receipts therectf each day by
each of said officers shall, except as otherwise provided in section seven,
be paid by him to the county treasurer at the close of tlie business of the
day, and be duly accounted for by the treasurer; and said officers shall
keep full and accurate accounts in books to be provided for tiiat purpose,
shoeing all fees, costs, percentages, penalties, allowances and other per-
qui«tes that accrue to his office, and from whom the amounts paid to
him each day, and by whom the amount paid to the county treasurer
each day, and the amount due and unpaid, and also the name of each
person or party liable for any part of such as are due and unpaid, and
the amount due from each; provided, that such fees, costs, percentages,
penalties, allowances and other perquisites in cases pending in court,
shall not be deemed to be earned or to have accrued within the meaning
of this act, until final judgment

Sectign 3. Each officer mentioned in section one shall, on the first
business day of each month, file with the county commissioners a state-
ment, verified by his affidavit, showing the full receipts daily by him for
the preceding month, and the total for the mondi from each of the
sources specified in the preceding section, and also a statement, verified
as aforesaid, showing the full amount of all fees, costs, percentages, al-
lowances and other perquisites accrued to his office and not paid to him,
and the name of each person or party liable for any part thereof, and
the amount due from each; and each statement, after the first, ol
amounts due and unpaid, and what portion thereof has been paid during
the month covered by the report. And on the day his term of office ex-
pires, he shall file with the commissioners like statements showing such
receipts daily since his last statement, and such amounts due and unpaid
up to that time.

Section 4. All statements required by the preceding sections, to
be filed with the commissioners, shall be carefully preservea by them and
shall be subject to public inspection during all official business hours;
and the account books provided for by section four shall be subject to
like inspection, and shall remain in the respective offices where kept,'and
at the expiration of the term of any officer mentioned in section one shall
be turned over to his successor in office.

Section 5. Each officer mentioned in section one shall exercise due
diligence in the collection of fees, costs, percentages, penalties, allow-
ances and other perquisites accniing in his office, and shall, where author-
ized by law, collect the same before or at the time they are earned; but
the county commissioners may, by order entered on their journal, and
certified to the treasurer, authorize the treasurer to omit for thirty days,
to enforce payment of penalties for the non-payment of taxes within tiie
time limited by law ; and the treasured shall not be required to report to
the commissioners in his statements required by section five the percent-
ages allowed him by law on taxes collected, except in such statements
next following the semi-annual settlements with the auditor.

Section 6, It shall be the duty of the county commissioners to see
that the provisions of this act are faithfully complied with, and they may
employ an expert accountant whenever and for such time they may deem
necessary, and at such compensation as they deem judicious, to ascertain
by examination whether the books and accounts of the officers mentioned
in section one are legally and correctly kept, and whetner the statements

662

the)' are required to make to the commissioners are correct; and such
accountant shall report to the commissioners the result of such exMiina-
tion, which repcMt they shall preserve in their office. If if ippear by any
such report that aay such book or account, or any such statement is
false or fraudulent in any respect, they shall make a thorough investiga-
tion of the matter, and may, if they deem it necessary or expedient, sub-
poena witnesses and examine them under oath, and they shall have the
same power as justices of the peace to compel the attendance of witnesses.
The costs of any such investigation shall be paid from the general fund
of the county, on the warrant of the auditor, w'hen duly certified to hiro
by the county commissioners.

Section 7. Nothing in this act shall be construed to vest in any
officer mentioned in section one such fees, costs, percentages, penal-
ties, allowances or other perquisites as are unpaid at the end of their
respective official terms, but the same shall be the property of the county.,
to be collected by their successors in office, and applied as provided in
this act; but fees, costs, percentages, penalties, allowances and other
perquisites that accrue to said officers prior to the taking effect of this
act shall not be affected thereby.

Section 8. All money paid to the county treasurer in pursuance-of
this act shall be by him credited to the general fund of the county; and
all warrants issued by the county auditor in pursuance thereof shall be
drawn upon said fund.

Section 9. All accounts of costs and fees due to any of the officers
named in section one of this act, which remain unpaid for the period of
one year, shall, by such officer, be transferred to the prosecuting attorne>'
of such county for colfection, who shall on the first Monday in each
month, pay over to the officer for whom the collection is made all moneys^
which may have come into his hands ; such officer shall give the prose-
cuting attorney a receipt for th^ amount so paid over' and enter a state-
ment of such payment on the books of his office; and execution shall
issue upon the precipe of such prosecuting attorney to enforce the pay-
ment of all such accounts to him transferred for collection. For such-
services such prosecuting attorney shall receive ten per centum on all
amounts so by him collected.

Section 10. If any officer mentioned in section one wilfully fail or
refuse to perform faithfully and promptly any duty required of him by
this act, or knowingly violates any provisions thereof, or wilfully makes
any false or fraudulent showing in any statement thereby required of
him, or in any account book provided for herein, he shall be fined in any
sum not more than five thousand dollars, or be imprisoned in the peni-
tentiary not less than one year nor more than five years, or both; and if
any deputy, clerk or employe wilfully violate any provision of this act,
he shall be fined not more than five hundred dollars or be imprisoned in
the county jail not less than three months nor more than one year, or
both. The aforesaid penalties against said officers shall be in addition
to penalties provided by existing statutes; and the fines imposed by this
section shall be paid into the county treasury, to the credit of the general
fund of the county.

663

they are sureties, of any of the provisions of this act, and for the faithful
performance of all the duties required hereby ; but upon the taking effect
of this act the county commissioners may, in their discretion, require
from any or all of the officers mentioned in section one hereof, a new and
additional official bond, with sufficient sureties to be conditioned that
such officers shall discharge the duties of their respective offices accord-
ing to law.

Section 12. Any provision of statute in force when this act takes
effect, which conflicts with any provisions of this act, shall, to the ex-
tent that it is inconsistent with the latter, and not otherwise, be held to
be superseded by this act as to the officers described herein; but other
provisions of statute so in force relating to county officers and county
affairs shall not be affected by this act.

Section 13. That at the next general election to be held in the
state of Ohio, after the passage of this act, the officers whose duty it is
to provide for the printing of the ballots shall cause to be printed on
all ballots below the list of names of candidates for office, with a blank
space on the left margin in which to give each elector a clear oppor-
tiuiity to designate his choice, the following: For the county salary law.
Against the county salary law. Notice that said proposition is to be
submitted shall be given by the sheriff by proclamation, for the same
length of time and in like manner as in his proclamation of general elec-
tions required by law. The clerks of each election precinct shall write
on separate rulings on the left hand margin of the talley-sheets below the
names of the candidates: *Tor county salary law." "Against county
salary law." And shall enter on the appropriate ruling the tallies of all
votes cast for and against said proposition, and the aggregate number
of votes for, and the aggregate number of votes against said proposition
in each voting precinct, shall be forthwith certified by the precinct elec-
tion officers to the proper board of deputy state supervisors of elections,
or boards of elections, in like manner as the return of elections of county
officers are certified, as required by law, who shall record the aggregate
number of votes for and against said proposition. If upon such election
a majority of the votes cast on said proposition shall be in favor of a
salary law, this act shall take effect and be in force from and after the
first day of January, 1899; but if a majority of the votes cast on said
proposition be against a salary law, then this shall be void.

HARRY C. MASON,
Speaker of the House of Representatives,

' ASAHEL W. JONES,

President of the Senate.
Passed April 28, 1898. 215L

GG4

[Senate Bill No. 349.]

AN ACT

To authorize cities of the second grade of the firsl class to enter upon and oceupy
the streets, avenues, alleys and public grounds of other municipal corpor-
ations of other grades and classes situated in counties containing a city of the
second grade of the first class, for main sewers and sewer ontlets.

[CLEVELAND.]

Section 1. Be it enacted by the General Assembly of ike Stale of Ohio,
That any city of the second grade of the first class be and it is hereby
empowered to enter upon and occupy the stre^^, alleys, avenues and

public grounds of any other municipal cc«poration or corporations,

of other grades or classes situated ki a county containing such a city of
the second grade of the first class, few the purpose of constructing, re-
pairing and maintaining sewers for sewer outlets, or extensk>ns to main
or intercepting sewers, under the circumstances, and upon compliance
with the terms and conditions, hereinafter recited.

Section 2. Whenever the council of such city of the second grade
of the first class shall deem it necessary for the disposition of sewige and
the protection of the public heaWi of such city, to entier upon and occupy

any of the streets, avenues, alleys and public grounds of any other

municipal corporation or corporations, of other grades or classes situated
in the county containing such city of the second grade of the first class,
for the purpose of constructing therein a sewer or sewers, for outlets or
extensions to main or intercepting sewers, such council shall, on the
recommendation of the board of control, determine and declare such
necessity by ordinance; and such ordinance shall designate the municipal
corporation or corporations, in or through which said outlets or exten-
sions are to be constructed, and designate the streets, avenues, alleys or
public grounds to be occupied by the same; and within thirty ('^0) days
after the passage and legal publication of such ordinance is completed,
the city clerk of such city of the second grade of the first class shall in
addition to the publication now required by law, publish the same in a
newspaper printed and of general circulation in the county containing:
such city of the second grade of the first class once a week for two con-
secutive wxeks; and within twenty (20) days after the passage of such
ordinance the mayor of such city of the second grade of the first class
and the mayor or mayors, president or presidents of the board of tnis-
tees of such other municipal corporation or corporations, shall, each
appoint three (3) commissioners to arrange the terms and conditions
upon which such city of the second grade of the first class shall enter
upon and occupy said streets, avenues, alleys or public grounds of such
other municipal corporation or corporations.

Section 3. That it shall be the duty of such commissioners, within
thirty (30) days after their appointment, to make a full and detailed re-
port of the terms and conditions upon which such city of the second grade
of the first class shall enter upon and occupy the streets, avenues, alley-
and public gfrounds of such other municipal corporation or corporations,
together with plans and profiles showing substantially the size and kind
of such main or intercepting sewer which said city of the second grade of
the first class proposes to construct; and it shall be the duty of such

6C5

commissioners within said time to file said report in the court of com-
mon pleas ol the cotinty containing such city of the second grade of the
first class; and such court shall, upon ten (10) days' written notice being
served upon the municipal corporation or corporations affected thereby^
proceed to examine and approve the same as reported by such commis-
sioners, or to correct and modify the same, if, m the opinion of said
court, justice between the parties denrrands such modification; and when
such report is finally approved by such cotjrt, the sar»e shall constitute
and g^overn the right of such city of the second grade of the first class to
occupy the streets, avenues, alleys or public grounds of such other muni-
cipal corporations in the manner and for the purposes aforesaid; and
such city's right to so occupy and use such streets, avemtes, alleys or
public grounds for the purposes herein specified, shaH be deemed com-
plete.

Section 4, Whenever any mttnicipal corporation or corporations
affected by such report shall complain, in writing, to said court, that the
terms and conditions of said report are unfair in ^vholc or in part, to its
interests, the court in which such report is filed shall have the power to
finther modify the same, if in its judgment the terms and conditions are
unfair to the municipal corporation or corporations complaining, but
said court shall not have the right to set aside the same, and neither an
appeal nor 'writ of error shall be allowed to set aside the final decree of
saM court; provided, that no modification or change of the decree of
said court shall be made so as to interiere with any sewer already com-
pleted, or any contract executed pursuant to law for the constniction of
the same.

Section 5. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES.

President of the Senate,

Passed April 26, 1898. 216L

[Senate Bill No. 356.1

AN ACT

To authorize the commissioners of Washington county, Ohio, to improve certain
public roads in said county.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Washington county, Ohio, may annually, in
addition to the levy authorized for road and bridge purposes by section
2824 of the Revised Statutes, levy on each dollar of valuation of taxable
property within said county, five-tenths of a mill; and in addition thereto,
on each dollar of valuation of taxable property within the townships
outside of the cities and incorporated villages, which townships outside
of the cities and incorporated villages are hereby made a taxing district
for that purpose, one mill for the creation of a fund to be known as thfe
state and county road improvement fund, and to be used for the improve-
ment of state and county roads outside of such municipal corporations,
but no part thereof shall be used for construction or repair of bridges. To

666

anticipate the receipts which may come into the county treasury by virtue
of such tax, the commissioners may borrow from time to time, such sums
of money as shall not exceed in the aggregate four-fifths of the tax levied;
but the money so borrowed in any one year shall not exceed four-fifths
of the taxes levied in such year, and shall be paid, with lawful interest,
at the county treasury, out of the taxes so levied.

Section 2. The county commissioners of such county shall have
power to improve any such state or county road, or any part thereof, by
straightening or altering the same, and by grading, paving, graveling,
planking or macadamizing the same, and shall use the funds hereinbefore
created for that purpose.

Section 3. When the commissioners determine to make any such
improvement, they shall employ a competent engineer to superintend the
performance and completion of said work, who shall enter into a good
and sufficient bond in a sum not less than one thousand dollars, to be
approved by the county commissioners, conditioned for the faithful per-
formance of his duties hereunder. The engineer shall make all necessary
surveys, profiles, estimates and specifications, and submit the same to
the commissioners of said county for their approval, and the same shall
be filed and preserved in their office. He shall receive such compensation
for his services as is fixed by law for the compensation of the county
surveyor for like services in other cases.

Section 4. Upon the approval of said surveys, profiles, estimates
and specifications, the commissioners of said county shall advertise for
bids in some newspaper of general circulation in the county, and shall
let the contract for making such improvement to the lowest and best
bidder or bidders, who shall give such reasonable security for the proper
performance of their contract within the time ^and in the manner pre-
scribed therein, as the county commissioners may deem expedient

Section 5. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of RepresentcUives.

ASAHEL W. JONES.

President of the Senate.
Passed April 25, 1898. 217L

[Senate Bill No. 389.]

AN ACT

For the relief of Joanna Strurra f Sturm! and children, widow and children of
Joseph Strurm, [Sturm] deceased, killed by a member of the Ohio national
guard while defending public property.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Hamilton county, Ohio, be and they are hereby
authorized and empowered to pay out of the treasury of said county to
Joanna Strurm, [Sturm] of Cincinnati, Ohio, for herself and children, as
the widow and children of Joseph Strurm, [Sturm] deceased, a sum not
exceeding thirty-five hundred dollars for their relief on account of the loss
of life of said Joseph Strurm, [Sturm] a patrolman, defending public prop-

667

erty and killed by a musket ball on March 29, 1884, during the riot
and at the burning of the court-house in Cincinnati, Ohio.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 26, 1898. 218L

[ Senate Bill No. 409.]

AN ACT

To amend an act to create a joint sub-school district in Mechanic township, Holmes
count}', Ohio, and Clark township, Coshocton county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That sections 1 and 2 of an act entitled **An act to create a joint sub-
school district in Mechanic township. Holmes county, Ohio, and Clark
township, Coshocton county, Ohio, passed April 18, 1892 (O. L., 89, 675),
as amended February 13, 1894 (90 O. L., 473), be amended so as to
read as follows:

Sec. 1. That the territory comprised in Mechanic township. Holmes
county, and Clark township, Coshocton county, Ohio, bounded and de-
scribed as follows, to wit: South half of sections nineteen (19) and
twenty (20), also twenty-one (21), twenty-tw^o (22), and military lots
numbers nineteen (19), twenty (20), thirty-one (31), thirty-two (32), thir-
ty-three (33) and thirty-four (34), in said Mechanic township, Holmes
county, Ohio; also the following described territory situate in Clark
township, Coshocton county, Ohio: Being the north part of the first
quarter township in township seven, of range seven, commencing on
the county line between Coshocton and Holmes counties, Ohio, at the
northeast corner of said quarter township, which is also the northeast
corner of Clark township, Coshocton county, Ohio, thence west on said
county line to the northwest corner of John (jraham's land to the county
road leading from Broomfield to Spring Mountain; thence east and
in a northeast direction along in the center of said road to the southwest
comer of the lands owned by Nancy Henderson; thence east along
the south line of said Henderson's land and a tract of about eleven acres
of land owned by H. D. Osborne to the west line of lands owned by
G. W. Lawrence ; thence south along the west line of said Lawrence's
lands to the southwest corner thereof; thence east along the south line
of said Lawrence's land to the west line of the lands owned by George
Craig; thence south along the w^est line of siid Craig's land to the south-
west corner thereof; thence east along part of the south line of said
Craig's land and the lands of Jacob Miller lying in said Gark township
to the township line between Clark and Mill Creek townships in said
Coshocton county; thence north along the said township line to the
place of beginning, be and the same is hereby created and declared to
be and constitute a joint sub-school district.

Sec. 2. Such joint sub-school district shall be governed and con-
trolled in all resp)ects by such laws as now are or may hereafter be in
force relating to joint sub-school districts, and shall be under the con-
trol of the board of education of the township in which the school-house
may be situate.

Section 2. Said original sections 1 and 2 are hereby repealed.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. • 219L

[Senate Bill No. 411.]

AN ACT

Relating to market-houses in cities of the second grade of the first class.

[CLEVELAND.]

Section 1. Be ^t enacted by the General Assembly of the State of Ohio,
That in cities of the second grade of the first class there shall be a market-
house commission consisting of three members, all of whom shall be
appointed by the mayor of any such city and approved by the council
and who shall serve for the period of five years, and until their suc-
cessors are appointed and qualified.

Section 2. The members so appointed shall take and subscribe
an oath of office to honestly and faithfully perform their duties; they
shall serve without compensation, and shall give a bond in the sum of
five thousand dollars to the approval of the mayor of any such city.

Section 3. Such commission shall have power to contract for the
building of a new market-house and auditorium for any such city, and
to acquire any additional lands that may be necessary for that purpose
either by purchase or appropriation in the name of any such city in the
manner now provided by law.

Section 4. The council of any such city may and is authorized and
empowered for the purpose of this act to borrow money and issue the
bonds of any such city in the name and under the corporate seal of
any such city in a sum not exceeding three hundred and twenty-five
thousand dollars, which bonds shall be made payable not more than
thirty years, as the city council shall determine, from the date of their
issue, and shall bear interest at a rate not exceeding five per cent, per
annum, payable semi-annually, as such city council shall determine.

Section 5. Such bonds shall be signed by the president of such
commission, the mayor of any such city, and attested by the city auditor.
All rent obtained by such city from any market-house or houses in such
cities, or any addition thereto, shall be placed in the sinking fund of such
city until a sufficient amount has been received to fully pay the prin-
cipal and interest of such bonds; and in case such rents shall not be
sufficient to pay the interest and principal of such bonds as the same

may become due, any such city council shall, in addition to the other
levies authorized by taw, levy annually a sufficient tax therefor on the
property subject to taxation in any such city, and such taxes shall be
collected in the same manner as other taxes.

Section S. Such bonds, except as otherwise herein provided, shall
in all respects conform to the requirements of sections 2700 to 2711 of
the Revised Statutes of Ohio.

Section 7. No member of such commission shall have power to
create any debt or obligation, claim or liabiKty, for or on account of
such commission, except with the express authority of such commission,
conferred at a meeting thereof, duty convened and held.

Section 8. Such commission shall keep a record of all its proceed-
ings under the authority of this act, which shall be open at all reasonable
times to the inspection of any resident of such city.

Section 9. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES.

President of the Senate,

Passed April 26, 1808. 220L

[Senate Bin No. 460.]

AN ACT

To amead sections 9 and IS of an act entitled ** An act to establish * a court of in-
solvency ' in counties containing a city of the first grade of the first class, and
for the relief of the probate court in such counties, passed May 21, 1894.

[HAMILTON COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That sections 9 and 13 of an act entitled ''An act to establish 'a court of
insolvency' in the counties containing a city of the first grade of the
first class, and for the relief of the probate court in such counties,"
passed May 21, 1894, be amended so as to read as follows:

Sec. 9. The said court of insolvency shall have original and ex-
clusive jurisdiction in all cases, matters and things relating to and arising
under the laws now in force or hereafter enacted, regulating the mode
of administering assignments in trust for the benefit of creditors; also
in all cases for the appointment of receivers for insolvent corporations,
and actions for the dissolution of insolvent corporations; also in all
actions relating to injunctions in regard to the collection of 'taxes or
assessments, or to recover back taxes which have been illegally paid,
also in all actions in replevin brought against an assignee for the benefit
of creditors, or for the recovery of assets assigned to an assignee for
the benefit of creditors, also in all actions brought under sections 6352
and 6353 of the Revised Statutes of Ohio; to enforce claims which have
been disallowed by the assignee for the benefit of creditors; and shall
in every respect have the same jurisdiction, possess the same powers,
and dischai^ the same duties, and incur the same penalties as are now
or may hereafter be enforced or enjoined by the constitution and laws

670

of the state upon the judge of the probate court; and the judge of the
probate court of the county wherein such court of insolvency is estab-
lished, is hereby authorized to transfer to the court of insolvency any
and all cases now pending in such probate court, arising under the act
or acts now in force regulating the mode of administering assignments
in trust for the benefit of creditors, the same to be there proceeded in
as if the same had been originally commenced in said court, having
regard for the former proceedings therein, and the costs before accrued
in the final record as may be right and proper. And when the cause
is transferred from the probate court as aforesaid, the clerk of the pro-
bate court shall enter such transfer on his docket, and from thenceforth
the said cause shall not be considered in said court. And all laws now
in force, or that may be hereafter enacted, regulating the mode and
manner of proceeding in such cases by the probate court, or common
pleas court shall be held and deemed to extend to the said court of
insolvency, and the said court of insolvency shall have like jurisdiction
and power in all of the above matters and actions as are now by law or
may hereafter be by law conferred on probate courts or common pleas
courts in like matters or actions.

Sec. 13. Appeals and error may be prosecuted from any judgment,
order or decree rendered by the court of insolvency in any action or
matter provided for in section 9 above stated to the circuit court of such
county, and all laws now or hereafter enacted regulating the mode and
manner of appeals and error from any judgment, order or decree ren-
dered by the court of common pleas, shall be held and deemed to extend
to said court of insolvency.

Section 2. That sections 9 and 13 of an act entitled "An act to
establish a 'court of insolvency' in counties containing a city of the first
grade of the first class, and for the relief of the probate court in such
counties," passed May 21, 1894, be and the same are hereby repealed,
and any provisions of the statutes of this state in force when this act
takes effect, which conflicts with any provision of this act shall be held
to be superseded by this act.

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of RepresentaHves.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 221L

[Senate Bill No. 465.]
AN ACT

Empowering the trustees of Newark township, Licking county, Ohio, to transfer

funds.

Section 1. be it enacted by the General Assembly of the State of Ohio,
That the township trustees of Newark township, Licking county, Ohio,
be ajid they are hereby empowered to transfer the sum of one thousand
(11,000) dollars from the general fund, and the sum of one thousand
(|1,000) dollars from the road fund of said township to the memorial

671

fund of said township. That the said sum of two thousand (f2,000)
dollars so transferred to be returned to and paid back into the said general
fund and road fund of said township, one thousand (fl,000) dollars to
each fund respectively, from the said memorial fund on the seventh day
of September, A. D. 1898.

Section 2. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. ' 222L

[Senate BiU No. 480.]

AN ACT

To amend section 15, vol. 90, local laws, passed April 20, 1893.

[AKRON AND YOUNGSTOVVN.]

Section 1. Be it enacted by th'i General Assembly of the Statt of Ohio,
That section 15, vol. 90, local laws, passed April 20, 1893, be amended
so as to read as follows:

Section 2. That section 1545, paragraph 282, Bates' edition Re-
vised Statutes, be and the same is hereby repealed.

Section 3. This act shall take effect and be in force from and
after its passage. HARRY C. MASON.

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 26, 1898. 223L

672

[Senate BUI No. 4M.]

AN ACT

Supplemental^' to an act relating to cities of the first qla^s havipg a population ex-
ceeding one hundred and fifty Uiousand inhabitants, passed May 4, \%^ i^ 0.
1... page 30180]).

[CINCINNATI.]

Section 1. Be it macted by the General Assembly of the State of Ohio,
That all bonds of any city which may have been issued for the construc-
tion of a railway under the act to which this is supplementary, and which
have been redeemed by purchase or exchange by the trustees of the
sinking fund of any such city, shall be held and considered to have
been fully paid by such redemption, and shall be deemed cancelled and
destroyed, and thereafter no part of the income derived from said rail-
way shall be applied to the payment of any interest on, or to the pro-
viding of a sinking fund for said canceled bonds, nor shall any levy for
interest or sinking fund be made therefor.

Section 2. The trustees of the said railway-are hereby authorized,
by a proper endorsement or stamping on any of the outstanding bonds
and the coupons thereof, issued under the act to which this is supple-
mentary, to agree to extend the time of payment of said bonds for a
period not to exceed forty years from the maturity thereof, upon the
holders of such portions of said bonds as said trustees may ^gree with,
-agreeing to reduce the interest thereon to such rate as said trustees shall
fix, not exceeding three and one-half per cent per annum. And said
trustees are hereby further authorized to cause to be engraved, priate<i
and attached to such bonds such additional coupons as may be neces-
sary to evidence the interest to be paid for the extended time of pay-
ment of said bonds. Any expense incurred by reason of the extension
aforesaid shall be paid by the city treasurer upon the order of the board
of trustees of said railway out of any income derived from said railway.

Section 3. That section 2 of the act of March 8, 1889 (86 0. L,
67), being an act entitled "An act supplementary to an act relating to
-cities of the first class having a population exceeding one hundred and
fifty thousand inhabitants," passed May 4, 1869, be and the same is
hereby repealed.

Section 4. This* act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 224L

673

[House Bill No. 711.]

AN ACT

To anthoxize the county commissioners of Cuyahoga county to repair county fair-
grounds and buy land in Middleburgh township.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Cuyahoga county be and they arc
hereby authorized and empowered to appropriate out of any funds not
otherwise appropriated the sum of five thousand dollars for repairing
the bliildings and fences, and building new sheds and other necessary
buildings, and to pay off any debt due for real estate or for acquring
other land that may be necessary for fair-ground purposes in said Mid-
dleburgh township, Cuyahoga county, Ohio.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

A. W. JONES,

President of the Senate.
Passed April 26, 1898. 225L

[House Bill No. 737.]
AN ACT

To authorize the trustees of the various townships in Champaign county, Ohio, to
borrow money to repair roads.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the township trustees of the various townships in Champaign county,
Ohio, be and they are hereby authorized and empowered to borrow not
exceeding' five hundred dollars (f500) for each township, for the purpose
of reconstructing and repairing the roads of said townships destroyed
or impaired by water or other causes. Said money to be paid on or before
September 1, 1900, at a rate of interest not to exceed 6 per cent, per
annum, payable semi-annually. Said loan shall be made in anticipation
of the regular levy for said purposes in said townships for the years
1898 and 1899, to be paid from the proceeds of said levy when the same
has been received by the treasurers of said townships.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 226L

674

[House Bill No. 738.]

AN ACT

To authorize the trustees of Wayne township, Clermont county, Ohio, to transfer

certain cemetery lots.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the trustees of Wayne township, Clermont county, Ohio, be and
are hereby authorized, empowered and required to transfer lots Nos.
278, 279, 286 and 287, situated in Fairview cemetery, Wayne township,
Clermont county, to William Needham post No. 584, department of
Ohio, grand army of the republic, for the purpose of erecting a soldiers'
monument thereon.

Section 2. This act shall [take] effect and be in force from and
after its passage.

HARRY C. MASON,
• Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the SefuAt
Passed April 26, 1898. 227L

[House Bin No. 610.1

AN ACT

To increase the salary of the township clerk in Canton township, Stark county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohk,
That the townshipr trustees of Canton township. Stark county, Ohio,
may allow the clerk thereof a compensation not to exceed two hundred
dollars in any one year, to be paid out of the township treasury.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 228L

[House Bill No. 743.]

AN ACT

To!amend sections 3, 4 and 5 of an act entitled "An act to prescribe the duties and
powers of the board of county commissioners in counties containing a city of
the second grade of the first class," passed February 9» 1893.

[CUYAHOGA COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That sections S, 4 and 6 of an act entitled "An act to prescribe the duties
and powers of the board of county commissioners in counties containing

675

a city of the second grade of the first class," passed February 9, 1893,
be amended so as to read as follows:*

Sec. 3. The clerk appointed under the provisions of said original act
shall hold his office until the first Monday of January, in the year 1899,
after which he shall be appointed for two years; he shall hold his office
during the term for which he was appointed, unless removed by death,
resignation, incompetency or inefficiency; before entering upon the duties
of his office he shall give a bond to the state with two or more sureties
to the acceptance of the probate judge of the county, in the sum of
two thousand dollars, conditioned for the faithful discharge of the duties
of his office, which bond, with his oath of office endorsed thereon, shall
be deposited with the treasurer of the county, who shall record and care-
fully preserve the same in his office. The clerk of the board shall be
entitled to receive, after the first Monday of January, in the year 1899,
a salary not to exceed eighteen hundred dollars per annum, to be deter-
mined by the board of county commissioners; he shall be provided
with a seal of office, in the center of which shall be the name of the county,
and around the margin the words "board of county commissioners."
The board shall have power at any regular meeting to fill the vacancy
of the clerk for the unexpired term. Transcripts, orders and certificates,
when duly certified to by the preside^nt of the board and the clerk with the
seal attached, shall be received as evidence in any court of the state,
and for the same similar fees shall be paid to the clerk as are allowed
to county officials for like services, and all sums thus received shall be
by said clerk entered in a book to be kept for that purpose, and the
gross amount thus received shall by him be paid into the county treas-
ury and credited to the general fund, but when such transcripts, orders
and certificates are prepared on behalf of the county, by order of com-
missioners, no fees shall be allowed.

Sec. 4. The county auditor in said county shall aid the commis-
sioners in the performance of their duties by his presence, advice and
information, which he is required to give in all matters pertaining to
the duties of county auditor or county commissioners, when requested
in writing by any member of the board; the county auditor in said county
is required to perform all duties in aid of the commissioners now required
by law, but he shall neither act as their clerk, nor appoint a deputy to act
as such, nor have control of the books, documents, furniture or office,
and all the powers conferred, and duties imposed, by any law upon the
county auditor in his capacity merely as clerk of the board of county
commissioners, shall be performed by the clerk appointed as provided in
the original act hereby amended, except that such auditor shall keep a
full and complete index of claims approved by county commissioners
and shall receive therefor such compensation as is provided by law for
Eke services in other cases.

Sec. 5. All books, papers, plats, records, journals, petitions and
all other matters and things whatever, in anywise relating or appertain-
ing to, or necessary to the business of the commissioners, and to county
|and state roads, free turnpikes, and all applications for road improve-
ments and all accompanying papers now or heretofore in the custody
Or under the control of the auditor of said county or on file in his office,
ttall be by him placed in charge of said board of county commissioners,
to be kept by it in some convenient place in its office, open at all times

676

to the inspection of the public, and all documents, papers, petitions,
notices, plats, profiles, surveys, estimates or writings of any kind intended
for the consideration of the cotmty commissioners or as a basis upon
which to invoke the action of such commissioners, shall be filed in
the office of the county cmmissioners in the counties designated in the first
section of the act hereby amended.

Section 2. That said original sections 3, 4 and 5 of said original
act be and the same are hereby repealed.

Section 3. This act shall take effect and be 'in force from and
after the date of its' passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 229L

[ House Bin No. 746.]

AN ACT

To provide an official stenographer for Erie county. To amend section 1 of an act
entitled "An act to provide an official stenographer for certain counties therein
named," passed March 27, 1894.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 1 of an act entitled "An act to provide an official sten-
ographer for certain counties therein named," passed March 27, 1894,
be amended so as to read as follows :

Sec. 1. That in all counties having a population of 35,462 by the
federal census of 1890, or which at any subsequent federal census may
have such population, the court of common pleas of said county, or a
judge thereof in vacation, may appoint one official stenographer for such
county, who shall hold such office for a term of three years from and
after the date of said appointment, and until a successor is appointed
and qualified, unless sooner removed by the court of common pleas for
neglect of duty, misconduct or incompetency. Such official stenographer
shall take an oath to faithfully discharge the duties of said office and
shall receive a salary of fl,000 per annum, to be paid in equal monthly
installments out of the general fund of said county upon the warrant
of the county auditor of such county, who shall issue his warrants there-
for on the treasury for the payment of said salary when there is filed
in his office a certified copy of the journal entry of such appointment It
shall be the duty of said stenographer, unless the same be waived by the
parties and the court, to make or cause to be made accurate stenographic
notes of the testimony of the witnesses, the charge of the court to the
jury, the rulings of the court in course of the trial or hearing, and all
opinions rendered by the court, and all such other oral proceedings as
the court or the parties may direct. In all cases or proceedings, held
or tried in the circuit, common pleas and probate courts, such stenographic
notes to be the property of the county and filed and preserved in the
office of such stenographer. Provided, that if sessions of the common
pleas and probate courts in said county are holden on the same days,
said stenographer shall give preference to the common pleas court, unless

677

excused by the judge thereof. And the court shall not be required to
reduce to writing its charge to the jury in any case in which such notes
shall be taken of the charge, when a transcript in longhand shall be
made out, and may be taken by the jury in their retirement and returned
with their verdict into court. It shall be also the duty of such stenographer
to make or cause to be made, at the request of either party or his attor-
ney or the court, an accurate transcript into longhand of the notes so
taken in any case or proceeding, to be paid for forthwith by the party
ordering the same; except the charge to the jury and the requests
to charge and opinions and decisions ordered by the court for his own
use shall be transcribed without expense; but no such transcript of the
notes in longhand shall be paid for out of the treasury in any case, unless
such transcript shall be first ordered by the judge trying the case for
his own use, and except in criminal cases when requested by the prose-
cuting attorney, in which latter case the bill therefor shall be approved
by the court before whom said case was heard or tried. Provided, that
in criminal cases where the state fails to convict the county shall not be
required to pay for any transcripts of testimony ordered by the prose-
cuting attorney. Such stenographer shall, without extra compensation,
also take down from the dictation of the court such shorthand notes
as may be required by the court in preparing opinions or charges to
juries.

Section 2. Section 1 of an act entitled "An act to provide an
official stenographer for certain counties therein named," passed March
27, 1894 (O. L. 91, page 566), is hereby repealed, and this act shall
take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 230L

[House Bill No. 752.]

AN ACT

For the relief of Daniel Delaney.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the board of administration of the city of Cincinnati, and its succes-
sors, l^e and are hereby authorized and required to pass a voucher or
warrant on the treasurer of the city of Cincinnati, in favor of Daniel
Delaney, for the sum of f3,898.23, and the auditor of said city of Cin-
cinnati is hereby authorized and required to issue his warrant on the
treasurer of said city of Cincinnati, in favor of said Daniel Delaney, for said
sum of 13,896.23, out of any money in the treasury of said city to the
credit of the general fund not otherwise appropriated, which sum shall
be in full liquidation and payment to said Daniel Delaney of all liability
on the part of said city of Cincinnati, or the part of the park commis-
sioners, for the improvement by him of Paradrome street, from Ida
street to Parallax street, and under contract made between said Daniel
Delaney and said city of Cincinnati on October 1, 1883.

678

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES.

President of the Senate.
Passed April 25, 1898. 231L

[ House Bill No. 764.]

AN ACT

To authorize the board of administration in cities of the first grade of the first
class to issue bonds for the purpose of constructing, erecting, reconstructing
and reerecting market-houses in market-spaces in such cities.

[ CINCINNATI. ]

Section 1. Be it enacted by the General Assembly of the State of Okie,
' That in cities of the first grade of the first class the board of administra-
tion and its successors be and the same is hereby authorized to issue
bonds not exceeding fifty thousand dollars (f50,000) in amount to raise
money for the purpose of constructing, erecting, reconstructing and re-
erecting market-houses on the market-spaces of such city.

Section 2. It shall be lawful for said board of administration and
its successors of such city to issue, from time to time, bonds in the name
of said city, and under the corporate seal thereof, in an amount not to
exceed fifty thousand dollars (?50,000), said bonds to be of such denomi-
nation, and to be payable at such time, and bearing interest at such rate
not exceeding four (4) per cent, per annum, as said board of administra-
tion and its successors may determine; said bonds shall be signed by
the president of said board of administration and its successors, and by
the mayor of the city, and attested by the city auditor, and shall be se-
cured by the pledge of the faith of the <:ity, and a tax which it shall be
the duty of the board of legislation of said city annually to levy upon
all the taxable property of said city, and certify the same to the county
auditor, upon a certificate to that effect from the said board of adminis-
tration and its successors as to the amount necessary to pay the interest
thereon, and to provide a sinking fund for the final redemption of said
bonds. Such tax shall be in addition to the amount now authorized to
be levied for municipal purposes; provided, however, that whenever in
the opinion of the board of administration and its successors the revenues
derived from the rental of stalls in such market-houses are sufficient to
provide a sinking fund for the final redemption of the bonds issued under
the provisions of this act, and to pay the interest thereon, in addition
to the amounts necessary for their maintenance, said board of admin-
istration and its successors shall have authority to pay to the trustees
of the sinking fund of such city out of such revenues the. amounts nec-
essary to provide for the payment of such sinking fund and interest,
and in such event no tax shall be levied for such purposes.

Section 3. Said board of administration and its successors shall
receive bids for said bonds, after advertising the same for sale once a
week for four consecutive weeks, upon the same day of the week, in
some newspaper of general circulation in such city, and shall sell the same

679

for not less than the par value thereof with accrued interest to the highest
bidder. The money arising from the sale of said bonds shall be placed
in a fund to be called the "market-house fund." A careful account of the
condition of said fund shall be separately kept by the auditor of said
city, and shall be used for no other purpose than that herein designated.

Section 4. This act shall take effect and be in force from and
after its passage..

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 232L

[ House BUI No. 766.]

AN ACT

To amend section 6 of an act entitled "An act relating to incorporated Tillages
[which] b}' the federal census of 1870 had, and which by any subsequent federal
census, may have a population of one thousand and eighty-seven/' passed
April 16, 1878.

[MT. GILEAD, MORROW COUNTY.]

Section L Be it enacted by the General Assembly of the State of Ohio,
That section 6 of the above entitled act be amended so as to read as
follows:

[Sec. 6.] After the first appointment of trustees as herein provided,
the said trustees shall hold their offices for the term of five years from
the date of their appointment, and if any of the said board of trustees as
the same is now constituted shall have held the said office for five years
when this act goes into effect, the same shall be held to constitute a
vacancy in said office and shall be filled by appointment by the mayor of
said village, who shall appoint one member for the term of one year, one
for two years, one for three years, one for four years and one for five years,
and one annually thereafter, and not more than three of said appoint-
ments shall be made from any one political party, excepting that if any
of the members of said board when this act goes into effect shall not
have held said office for five years, he shall continue to hold the same
for the said term of five years from the date of his appointment, and
whenever a vacancy occurs in said board from any other cause than
the expiration of the term of office the same shall be filled for the unex-
pired term by appointment by the mayor of said village, and all of said
appointments shall be made with the advice and consent of the council
of said village.

Section 2. That said original section 6, be and the same is hereby
repealed and this act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 233L

678

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the SenaU,
Passed April 25, 1898. 231L

[ House Bill No. 754.]

AN ACT

[ CINCINNATI. ]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
' That in cities of the first grade of the first class the board of administra-
tion and its successors be and the same is hereby authorized to issue
bonds not exceeding fifty thousand dollars (|50,000) in amount to raise
money for the purpose of constructing, erecting, reconstructing and re-
erecting market-houses on the market-spaces of such city.

Section 2. It shall be lawful for said board of administration and
its successors of such city to issue, from time to time, bonds in the name
of said city, and under the corporate seal thereof, in an amount not to
exceed fifty thousand dollars (|50,000), said bonds to be of such denomi-
nation, and to be payable at such time, and bearing interest at such rate
not exceeding four (4) per cent, per annum, as said board of administra-
tion and its successors may determine; said bonds shall be signed by
the president of said board of administration and its successors, and by
the mayor of the city, and attested by the city auditor, and shall be se-
cured by the pledge of the faith of the city, and a tax which it shall be
the duty of the board of legislation of said city annually to levy upon
all the taxable property of said city, and certify the same to the county
auditor, upon a certificate to that effect from the said board of adminis-
tration and its successors as to the amount necessary to pay the interest
thereon, and to provide a sinking fund for the final redemption of said
bonds. Such tax shall be in addition to the amount now authorized to
be levied for municipal purposes; provided, however, that whenever in
the opinion of the board of administration and its successors the revenues
derived from the rental of stalls in such market-houses arc sufficient to
provide a sinking fund for the final redemption of the bonds issued under
the provisions of this act, and to pay the interest thereon, in addition
to the amounts necessary for their maintenance, said board of admin-
istration and its successors shall have authority to pay to the trustees
of the sinking fund of such city out of such revenues the. amounts nec-
essary to provide for the payment of such sinking fund and interest,
and in such event no tax shall be levied for such purposes.

679

for not less than the par value thereof with accrued interest to the highest
bidder. The money arising from the sale of said bonds shall be placed
in a fund to be called the ''market-house fund." A careful account of the
condition of said fund shall be separately kept by the auditor of said
city, and shall be used for no other purpose than that herein desig^nated.

Section 4. This act shall take effect and be in force from and
after its passage..

HARRY C MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 232L

[ House BUI No. 766.]

AN ACT

To amend section 6 of an act entitled "An act relating to incorporated yillages
[which] by the federal census of 1870 had, and which by any subsequent federal
census, may have a population of one thousand and eighty-seven/' passed
April 16, 1878.

[MT. GILEAD, MORROW COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 6 of the above entitled act be amended so as to read as
follows:

[Sec. 6,] After the first appointment of trustees as herein provided,
the said trustees shall hold their offices for the term of five years from
the date of their appointment, and if any of the said board of trustees as
the same is now constituted shall have held the said office for five years
when this act goes into effect, the same shall be held to constitute a
vacancy in said office and shall be filled by appointment by the mayor of
said village, who shall appoint one member for the term of one year, one
for two years, one for three years, one for four years and one for five years,
and one annually thereafter, and not more than three of said appoint-
ments shall be made from any one political party, excepting that if any
of the members of said board when this act goes into effect shall not
have held said office for five years, he shall continue to hold the same
for the said term of five years from the date of his appointment, and
whenever a vacancy occurs in said board from any other cause than
the expiration of the term of office the same shall be filled for the unex-
pired term by appointment by the mayor of said village, and all of said
appointments shall be made with the advice and consent of the council
of said village.

Section 2. That said original section 6, be and the same is hereby
repealed and this act shall take effect from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 233L

680

[ House Bill No. 771.]

AN ACT

To authorize the commissioners of Vinton county to reimburse Edward Maple.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Vinton county, Ohio, be and are hereby
authorized to reimburse Edward Maple, of Richland township, Vinton
county, Ohio, not to exceed the sum of eighty dollars for certain live
stock, the property of said Edward Maple, to wit: One horse and one
cow killed by reason of having been bitten by a mad dog in the year 1893.
Section 2. This act shall take effect and be in force froni and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Passed April 26, 1898. 234L

[ House Bill No. 786.]

AN ACT

To authorize the village of New Carlisle, Ohio, to transfer funds.

Section 1. Be it enacted by the Getteral Assembly of the State of Ohio,
That the council of the village of New Carlisle, Clark county, Ohio, js
hereby authorized to transfer any sum not exceeding two thousand
dollars (|2,000) from the sinking fund to the • corporation fund of said
village.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of tlie House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1896. 235L

[ House Bill No. 905.]

AN ACT

To amend an act entitled "An act to provide a more efficient government for
cities having a population of not less than 33,000 and not more than 34,000
inhabitants," passed April 20, 1893, amended April 21, 1898.

I YOUNGSTOWN.]

Section 1. Be it enacted by the Geyvcral Assembly of the State of Ohio,
That section fifteen (15) of said act be and the same is hereby amended
so as to read as follows:

Sec. 15. The aggregate of all taxes levied or ordered by such city
above the tax for county and state purposes, and excepting the tax for

681

schools and school-house purposes, shall not exceed in any one year
nine mills; provided, however, that the city commissioners of such cities-
shall, annually, at the time the rate of tax is fixed, provide by resolution
for the distribution of the tax among the several departments of the
corporation in such proportion to their needs as may be deemed neces-
sary, and at no time thereafter shall the amount specified as necessary
for the purpose named be changed, and all transfers of funds from one-
account to another are hereby expressly prohibited; 'and provided fur-
ther, that in any such city in which there is established and maintained
by a public library association, not organized for profit, a public library
free to all inhabitants of such city, the council may levy an annual tax
in addition, if need be, to said above aggregate amount of taxes, not
exceeding two-tenths of a mill on all taxable property within such city,
to be called the public library fund, and collected as other taxes. Said
taxes for library purposes shall be paid by the treasurer of such city
to the treasurer of such library association, to be used in the purchase
of books, pamphlets, magazines, newspapers and for general library
expenses, subject to such requirements as to accounting and reporting
to council as the council may prescribe. And provided further, that ia
any such city in which there is established and maintained one or more
hospital associations, not organized for profit, with hospitals equipped
for the care and treatment of the sick and injured, the council may levy
an annual tax in addition, if need ber to said above aggregate amount
of taxes, not exceeding five-tenths of a mill on all taxable property within*
such city, to be called the hospital fund and collected as other taxes.
Said taxes shall be paid by the treasurer of such city in as nearly as prac-
ticable equal proportions to the treasurers of such hospital associations
as the city council shall contract with to furnish, and shall furnish board,
lodging, nursing and medical treatment to the indigent sick and injured*
of such city, under such terms and conditions as the council of such city
may prescribe.

Section 2. That said section 15 of said act is hereby repealed and*
this act shall take effect and be in force from and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 26, 1898. * 236L

[ House Bill No. 906.]
AN ACT

Supplementing section 2515 of the Revised Statutes of Ohio, by adding thereto-

section 2516~-33c.

[ TOLEDO.]

Section 1. Be it enacted by the Getieral Assembly of the State of Ohio^
That section 2515 of the Revised Statutes, as heretofore supplemented,
be further supplemented by enacting section 2515 — 33c to read as fol-
lows:

682

Sec. 2515 — 33r. For the purpose of paying the interest and prin-
•cipal of the bonds specified in section 2515--^33 as the same shall be-
come due, the common council of said city shall levy annually upon all
of the taxable prgperty, real and personal, in said city a sum sufficient
to pay the same, in addition to all other taxes authorized by law. Said
bonds shall be signed by the mayor and auditor of such city and may
be in denominations of |500 or |1,000, as the council may order.

Section 2. ^is act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Passed April 26, 1898. 237L

[ House Bill No. 898.]

AN ACT

To amend section 2 of an act entitled "An act to authorize cities of the second
grade of the second class to issue and sell levee and storm-water sewer bonds,"
passed April 5, 1898.

[ DAYTON.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 2 of an act entitled "An act to authorize cities of the second
grade of the second class to issue and sell levee and storm-water sewer
bonds," passed April 5, 1898, be amended so as to read as follows:

Sec. 2. That the board of city affairs of any city of the second grade
of the second class is hereby authorized and empowered to issue and sell
the bonds of such city, in any sum not exceeding fifty thousand dollars
{150,000), for the purpose of constructing, extending and strengthening
and repairing storm-water sewers and the outlets of such sewers, and for
providing and placing in position in the outlets or mouths of storm-
water sewers of' such cities, appliances, valves or gates to prevent the
water from rivers or streams flowing through such city, from entering
storm-water sewers in times of freshets.

Section 2. That said original section 2, be and the same is hereby
repealed.

Section 3. That this act shall take effect and be in force from
and after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 238L

683

[ House BUI No. 875.]

AN ACT

Authorizing the board of education of the city school district of the city of
Defiance to pay to Asa Toberan. late treasurer of the school funds of said
city district, the sum of one thousand dollars ($1,000) in reimbursement
of the loss by him, as such treasurer, sustained by reason of an erroneous
order drawn on the .treasurer.

Whereas, On the 4th day of October, 1879, Asa Toberan, ex-
treasurer of the board of education of the Defiance union schools, paid
into the treasury of said board the sum of |1320, which had been by
him paid out on erroneous order issued by the clerk of said board; and.

Whereas, On November 10, 1885, |320 of said amount with interest
was refunded to sai^ Asa Toberan, which left one thousand dollars with
interest still due him; therefore.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That there shall be submitted to the electors of the said city school dis-
trict of the said city of Defiance, in Defiance county, Ohio, at the next
general dection, or at a special election as the board may determine,
to be holden therein, the proposition for the reimbursement of the said
Asa Toberan for the amount so as aforesaid by him as treasurer of said
city school district lost by reason of said erroneous order.

Section 2. The ballots to be voted at such election shall have writ-
ten or printed thereon, "For reimbursement — Yes," or "For reimburse-
ment — No," and if a majority of all the votes cast at such election upon
said proposition shall be in favor of such reimbursement then the said
board of education of the said city school district of the said city ot
Defiance shall be fully authorized and empowered to direct, by resolution
or otherwise, the clerk of said board to draw a warrant upon the treas-
urer of the school funds of said city district for the said sum of one
thousand dollars with interest in favor of the said Asa Toberan, with
release from October 4, 1879, to reimburse him for the loss by him
as late treasurer of said school funds, sustained by reason of said erro-
neous order, and the said treasurer of said school funds shall upon the
presentation of such warrant by said Asa Toberan or his assigns pay
the same out of any funds in his hands belonging to said school district
not otherwise appropriated.

Section 3. The deputy state supervisors of .election of the said
county of Defiance shall cause notice of the submission of said proposition
to the electors of said school district to be given by publication in two
newspapers of opposite politics in said city at least ten days before the
date upon which such election is to be held, the costs and expenses of
which publication shall be paid by the said Asa Toberan.

Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 239L

684

[ House BiU No. 869.]

AN ACT

To authorize the city council of the city of Ashtabula, Ohio, to issue bonds.

Section 1, Be it enacted by the General Assembly of the State of Okio^
That the city council of the city of Ashtabula, Ohio, be and are hereby
authorized to issue and sell the bonds of said city to an amount not to
exceed fifty thousand dollars for the purpose of dredging, widening and
improving the river in said city.

Section 2. Provided, however, that before said bonds- shall be
issued the question shall first be submitted to a vote of the qualified
voters of said city at some regular or special election and that a majority
of said voters voting on such issue of bonds shall cast their votes in the
affirmative.

Section 3. For the purpose of paying the principal and interest
of said bonds when duly authorized and issued, and when the same shall
be due and payable said council shall, in addition to other levies author-
ized by law, levy annually a sufficient tax therefor, on the property subject
to taxation in such city, and such taxes shall be levied and collected
in the same manner as other taxes.

Section 4. This act shall take effect and be in force from and
after its passage. .

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 240L

[ House Bill No. 862.]

AN ACT

Authorizing the city of Columbus, Ohio, to borrow money [ and issue bonds there-
fore, to meet and discharge the deficiency in the poor fund of said city].

Section 1. Be it enacted by the General Assembly of tlve State of Ohio,
That the city council of the city of Columbus, Ohio, be and the said
council is hereby authorized, for the purpose of meeting and discharging
the deficiency in the poor fund, to bgrrow a sum of money not exceed-
ing fifty thousand dollars (|50,000), and to issue the bonds of said city
therefor, in denominations of not less than five hundred nor more than
one thousand dollars each, payable in not less than ten years and not more
than twenty years from date, and bearing interest at not to exceed the rate
of six per cent, per anhum, payable semi-annually.

Section 2. The city council of said city of Columbus, Ohio, shall
levy a tax annually on all of the property in said city to pay the accruing
interest on such bonds, and to provide a sinking fund to pay said bonds
at maturity, and such levy may be additional in rates and amount to
the tax authorized by law to be levied for any and all purposes.

685

Section 3. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 241L

[ House Bill No. 857.^

AN ACT

To authorize the village council of the incorporated tillage of McConhelsville,
Morgan county, Ohio, to issue bonds [or notes] for the purpose of pro-
viding said viHage with a system of public water-works.

Section 1. he it enacted by the General Assembly of the State of Ohio,
That the village council of the incorporated village of McConnelsville,
Morgan county, Ohio, be and the same is hereby authorized to issue
bonds or notes of said village for an amount not exceeding twenty thou-
sand dollars, for the purpose of providing said village with a system
of public water-works. ^

Section 2. Before such bonds or notes, or dny of them, shall be
issued, the question of issuing them shall be submitted to the qualified
electors of said village, at any general election, or at a special election
called for that purpose*, as the council of said village may order and at
such election separate ballots shall be provided and used by the voters
upon said question. The tickets voted at such election shall have written
or printed thereon "Authority to issue water-works bonds or notes —
Yes;" or "Authority to issue water-works bonds or notes — No." If
the proposition to issue said bonds or notes be approved by a majority
of all the voters, voting at said election, the council of said village shall
have authority to issue said bonds or notes for the purpose named, as
provided in this act.

Section 3. The mayor of said village before any such election for
said purpose, shall cause public notice of the submission of said question
to be published in all the newspapers published and of general circulation
therein, for at least ten days prior to such election and such election shall
be held, proclamation thereof, and returns thereof made in all respects,
not otherwise herein provided, as municipal elections are now required
by law to be held and returned in villages.

Section 4. Said bonds or notes when so authorized shall be issued
according to the provisions of an ordinance to be by said village council
passed for that purpose, in denominations not less than five hundred
dollars, and not more than one thousand dollars, payable at such times,
not less than five years, and not exceeding twenty years from the date
of the issue thereof, with interest not to exceed five per cent, per annum,
payable semi-annually, principal and interest payable at such place as
may be by said ordinance provided for; and if bonds shall be issued
by said council, under the provisions of this act, they shall have attached
thereto coupons representing the interest to accrue thereon. Said bonds
or notes shall express upon their face the purpose for which', and the
act under which, they were issued, and shall be signed by the mayor

686

of said village, and countersigned by the clerk thereof, and shall not
be sold for less than their par value.

Section 5. The funds realized from the sale of said l;)onds or notes
shall be used by a construction committee of four persons, two of whom
shall be appointed by the mayor, and two to be appointed by the judge
of the court of common pleas holding court in said county for the pur-
pose of purchasing the necessary grounds and constructing, paying for,
and maintaining water-works for said village; which water- works when
completed, shall be used, operated, and controlled in such manner as
may be prescribed by law and the ordinances of said village enacted in
conformity therewith.

Section 6. The council of said village is hereby authorized to levy
a tax annually on the taxable property within said village, in addition
to the tax now by law authorized to be levied thereon, in such amount
as will each year be sufficient, with the net income of such water-works,
to pay the principal and interest as they may become due upon such
bonds or notes, and provide a sinking fund for the gradual redemption
of the same.

Section 7. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

Rresident of the Senate.
Passed April 25, 1898. 242L

[ House Bill No. 852.)

AN ACT

To establish a special school district in Marion county, Ohio,

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the following described territory, situated in Marion county, Ohio,
be and the same is hereby established into a special school district, to wit:
Beginning at a point in the north line of said Marion county, eighty (80)
rods east of the northwest comer of Griand Prairie township in said
county; thence south through sections eighteen (18) and nineteen (19)
in said township, one and three-fourth miles; thence west through sec-
tions twenty-four (24), twenty-three (23) and the east part of section
twenty-two (22) in Salt Rock township in said county, two and one-half
(2^) miles; thence north thro«gh sections twenty-two (22) and fifteen
(15) in said Salt Rock township to the Wyandot county line; thence
east on the county line to the place of beginning.

Section 2. Said special school district shall be entitled to receive
the proportionate share of the school funds, and taxes levied for incidental
expenses in accordance with the school enumeration of the year 1897
of children entitled to attend school, but this provision shall be subject
to the limitation contained in the succeeding section of this act Said
special school district shall be governed by such laws as are now or
may be hereafter in force relating to special school districts.

687

SECTION 3. This act shall take effect and be in force from and
after its passage, but shall not affect any of the existing contracts of .the-
boards of education of said townships, pertaining to the schools nor
existing therein, but said contracts shall be executed according to the
terms thereof and in accordance with the laws now in force.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 243L

[ House Bill No. 849.1
AN ACT

To authorize cities of the first grade of the first class to issue bonds to improve-
streets, and to pay for property to be hereafter condemned and appropri-
ated for street purposes.

[ CINCINNATI.]

Section 1. Be it enacted by the General Assembly of the State of Ohio^
That in cities of the first grade of the first class, the board of city aflEairs
or its successors, shall have the power to issue bonds in the name of
such city and under the corporate seal thereof, in a sum not to exceed
135,000, to provide a special fund to pay the cost and expense of prop-
erty to be hereafter condemned and appropriated to public use, for the
opening, widening or extending of any road, street, avenue or highway
and the improvement thereof, in any such city. Said bonds shall be made
payable in not less than ten years nor more than fifteen years from the
date of their issue, bearing interest not to -exceed 4 per cent, per annum^
to be signed by the president of such board of city affairs and by the
mayor of such city and to be attested by the city auditor of such city,,
and be secured by the pledge of the faith of such city and by a tax,
which shall be the duty of the board of legislation of such city annually
to levy upon all the taxable property of such city, and to certify the
same to the county auditor of the county in which said city is situated,
upon a certificate from such board of city affairs as to the amount neces-
sary to pay thfe interest thereon, and to provide a sinking fund for the
final redemption of such bonds. Said taxes shall be in addition to the
amount authorized by law to be levied for municipal purposes.

Section 2. The money arising from the sale of said bonds shall
be placed in a fund to be called the "special street fund." The sinking
fund trustees of said city shall be offered said bonds at their par value
with accrued interest, and if said sinking fund trustees decline to buy
the same, then the board of city affairs of said city, shall advertise said '
bonds for sale for two consecutive weeks in a newspaper of general cir-
culation in said city and the highest bidder for said bonds, provided the
same is not less than the par value thereof with accrued interest, shall
be awarded the bonds.

Section 3. Said fund shall only be used for the purpose of paying
the necessary expenses in condemning and appropriating the necessary
property for the opening, widening or extending of any such road, street,
avenue or highway and the improvement thereof. All of said work shall'

688

i>e under the charge of the board of city affairs of such city and its chief
engineer, and the money shall only be paid out upon the resolution
ipassed by the board of city affairs of such city and upon vouchers prop*
-erly approved by said board.

Section 4. This act shall take effect and be in force from and
-after its passage.

HARRY C. MASON,
Speaker of the House of RepreserUaHves.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 244L

[ House Bill No. 839.]

AN ACT

To provide an additional sum to improve, repair and reconstruct the buildings
on fair-grounds for the use of county agricultural associations.

[HAMILTON COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in any county of the state containing a city of the first g^ade of the
^st class, having an agricultural society organized under the laws of the
state, the board of directors of such agricultural society, whenever they
deem it necessary to improve the fair-grounds, repair and reconstruct
the buildings thereon used by such society, shall, at a general meeting
-of said board, by a vote of at least two thirds of [all] the members thereof,
upon a call of the yeas and nays, pass a resolution for the purpose of secur-
ing the benefit of this act, declaring such necessity, and said board of direc-
tors shall then, within thirty days of [from] the passage of said resolution,
give notice in writing to the board of county commissioners of the county
-containing such fair grounds of the necessity for improving said grounds
and repairing and reconstructing the buildings thereon under the abso-
lute control of such society, whidi notice shall contain or have annexed
thereto a certified copy of said resolution, and shall be signed, by the
president and secretary of said board of directors.

Section 2. That after the filing of said notice the board of county
-commissioners shall proceed to improve said fair-grounds and repair and
reconstruct the buildings thereon in use by such society within a reason-
able time, not to exceed four months, in such manner as the board of
directors of such society shall direct, but the total costs of said improve-
ments when completed shall not exceed the sum of ten thousand dol-
lars (110,000).

Section 3. That the payments of said improvements to said fair-
grounds and repairs and reconstruction of the buildings thereon shall
"be made by said board of county commissioners from any unappropriated
funds in the county treasury at such times as the [such] payments are to be
made ; and if no such funds are in the county treasury at such times, then
said board of county commissioners are hereby directed to issue the
bonds of said county for such amounts as may be necessary for such
improvements and repairs, not to exceed the amount provided for in
section 2 of this act, such bonds to bear interest at four per cent per

689

annum and to be payable at the office of the board of county commission-
ers at such times, not to exceed ten years from the date thereof, as said
board of county commissioners shall determine; and to provide for
the payment of such bonds said board of county commissioners are
hereby directed to levy such annual taxes on all taxable property of the
county as may be necessary therefor. Said levy shall be collected and
accounted for as other county taxes are by the proper county officers.
Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 245L

[ House Bill No. 822.]

AN ACT

To establish a special school district in Henry county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That a special school district in the village [of] Grelton, county of Henry
and state of Ohio, to be known as the Grelton special school district,
be and the same is hereby established with boundaries as follows : Being
sections 25 and 26, 35 and 36 in Harrison township, Henry county, Ohio;
section 30 and the east half of section 29 and section 31, and the east
half of section 32 in Damascas township, Henry county, Ohio, and sec-
tions 5, 6, 7 and 8 in Richfield township, Henry county, Ohio, and
section 1 and the east half of section 2, section 12 and the east half
of section 11, in Monroe township, Henry county, Ohio.

Section 2. All school property situated within the said described
territory shall be the property of said special school district and said
special school district shall be entitled to receive its proportionate share
of the school funds and the funds levied for contingent expenses in
accordance with the enumeration for the year 1897 of all children who
are entitled to attend school in said territory, said funds being those, now
collected or in process of collection in the county treasury or several
township treasuries in which said territory is situated, and shall in all
respects be governed by such laws as now are or may be in force relating
to special districts.

Section 3. Provided however, that within sixty days from the
passage of this act an election shall be held at the village of Grelton
in said territory embraced in section 1 of this act, at which election the
qualified electors living within the territory embraced in section 1 of
this act shall be entitled to vote. Said election shall be held upon, not
less than twenty days' notice thereof, published for two weeks in two
newspapers of opposite politics in said county, prior to the said election.
Said election shall be held with two judges and two clerks of election,
to be appointed by the board of deputy state supervisors of elections for
said county of Henry, and the expenses of said election shall be paid out
of the election funds of said county, in the same manner as at general
44

690

elections, and a record of the result of such election shall be kept by
the board [of] deputy state supervisors of election of said county, to whom
said judges and clerks of said election shall make due return of said
election.

Section 4. Persons voting at any election under the provisions of
this act, who are in favor of said special school district, shall have written
or printed on their ballot for said special school district, Yes; and those
who are opposed to said special school district. No, And if a majority
of the votes cast at said election be in favor of said special school district,
then said special school district, as provided for in sections 1 and 2 of
this act, shall be and hereby is created.

Section 5. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 246L

[ House Bill No. 816.]

AN ACT

To empower the school board of Swanton village school district to make an
additional levy for school purposes.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the school board of Swanton village school district be and are
hereby authorized to levy, not to exceed eight mills on all the taxable
property in said district in addition to the levy authorized in section 3959,
Revised Statutes of Ohio.

Section 2* This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Represetitatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 247L

[ House Bill No. 809.]

AN ACT

To authorize the council of the incorporated village of Trimble, county of Athens
and state of Ohio, to Issue and sell its bonds for the purposes herein 'men-
tioned.

Section 1. Be it eftacted by the General Assembly of the State of Ohio,
That the incorporated village of Trimble, in the county of Athens and
state of Ohio, be and it is hereby authorized and empowered to issue
and sell the bonds of said village in any sum not to exceed the sum of
fifteen hundred dollars (f 1500) for the purpose of improving the streets
and sidewalks of said village.

691

Section 2. Said bonds when issued and sold shall not bear interest
at a rate exceeding six per cent, per annum, the interest to be paid semi-
annually, and shall be of the denominations of three hundred dollars
each, and shall mature as follows: Three hundred dollars on the first day
of July, 1899; three hundred dollars on the first day of July, 1900; three
hundred dollars on the first day of July, 1901; three hundred dollars on
the first day of July, 1902; and three hundred dollars on the first day
of July, 1903, respectively. Said bonds shall not be sold for less than
par value.

Section 3. Said bonds shall be signed by the mayor, and attested
and registered by the clerk of said village and shall express upon their
face the purpose for and the act under which issued. When said bonds
are sold, the proceeds thereof shall be paid to the treasurer of said vil-
lage, who shall hold and disburse the same as other village funds.

Section 4. After the issuance of the bonds as herein provided for,
it shall be the duty of the council of said village annually thereafter,
to assess and levy such amount of tax as is necessary in addition to
that now authorized by law upon all the taxable property of and in
said village, sufficient to provide for the payment of the principal and
interest of said bonds when due and payable, and said taxes shall be
collected as other taxes of said village.

Section 5. The council of said village are further authorized to
sell, said bonds either at public or private sale as they may deem proper.
Provided, however, that before such bonds or any of them shall be issued
the question of issuing the same shall be submitted to a vote of the qual-
ified electors of siich city at a special election to be held at such tipie as
the council of such city shall appoint. The tickets voted shall have writ-
ten or printed thereon the words: "Authority to issue bonds — Yes."
"Authority to issue bonds — No." If the proposition to issue bonds be
approved by a majority of those voting upon the proposition, the council
of said city shall have authority to issue such bonds for the purpose
named, as provided in this act.

Section 6. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 248L

[ House Bill No. 825.]

AN ACT

For the relief of Christian Kraner, treasurer of Richland township, Marion county,
Ohio, and sureties on his official bond.

Whereas, On the 19th day of October, A. D. 1896, the Marion
deposit bank in the city of Marion, Ohio, failed in a large amount, and
whereas, one Christian Kraner, as treasurer of Richland township,
Marion county, Ohio, had at the same time on deposit in said bank the
sum of 1641.14 belonging to said township, and whereas, the trustees

692

of the above named township did not furnish said treasurer with a safe
or other means of protecting the funds in his hands; and,

Whereas, Without fault or neghgence on the part of said treasurer
said bank became insolvent and made a general assignment for the bene-
fit of its creditors; and,

Whereas, The said bank will not be alJle to pay its depositors in
full; therefore,

Section 1. Be it enacted by the General Assembly of the State of Okh^
That the said Christian Kraner and his bondsmen, be and the same are
hereby released from all payment of, and liability for so much of the
aforesaid funds as the assignees of the said Marion deposit bank shall
fail to pay to the said Christian Kraner, on the full and final settlement
of said assignment, and they and each of them, shall be relieved of any
and all liability for said sum. And the board of trustees of said town-
ship is hereby authorized and required by suitable resolutions to make
an entry on the records of said township, releasing the said Christiau
Kraner and the sureties on his official bond as such treaisurer, from the
payment of any balance remaining unpaid of said money deposited by
him in said bank. And the assignees of said bank are hereby author-
ized and required to pay to the treasurer of said township all dividends
that may hereafter be declared from the assets of said bank.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 24<^L

[ Senate Bill No. 530.]

AN ACT

To authorize the county commissioners of Cuyahoga county to construct a bridge
across Cuyahoga river and to issue bonds therefor.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the county commissioners of Cuyahoga county be and are hereby
authorized to construct a new bridge across Cuyahoga river at Willow,
near the eight-mile lock, as said commissioners may hereafter determine.

Section 2. For the purpose of providing the funds necessary for
the building of said bridge, said commissioners are hereby authorized to
issue the bonds of said county for an amount not to exceed one hundred
and fifty thousand (|150,000) dollars, which said bonds may be made pay-
able at any time not less than ten and not to exceed twenty years from
the date thereof, and shall bear interest at a rate* not to exceed five per
cent, per annum, payable semi-annually. Said bonds may be issued,
from time to time, in such amount or amounts as the progress of the
work or the convenience of the commissioners may require, and shall
have written or printed upon their face the date of the law under which
they were issued and the words, "Willow, or eight-mile lock bridge," and
shall not be sold for less than par, and the proceeds shall not be applied

693

to any other puq)ose than the payment of the cost and expense of said
improvement, and to pay the interest on said bonds as the same shall
accrue.

Section 3. Said bonds, when so issued, shall be signed by said
commissioners and countersigned by the auditor of said county.

Section 4. No part of the proceeds arising from the sale of the
said bonds shall be applied to or for the payment of any right of way or
on account of any damage that may result to any property along the line
of said improvement.

Section 5. The commissioners of said county are hereby author-
ized to levy a tax upon all the taxable property of said county in addition
to all other taxes authorized by law in such amounts as will be necessary
to meet the payment of said bonds and interest as the same shall become
due.

Section 6. This act shall take effect and be in force from and after
its passage.

HARRY C MASON,
Speaker of the H(mse of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 250L

[ House Bill No. 537.]

AN ACT

For the relief of F. O. Brown, treasurer of Mill township, Tuscarawas county,
Ohio; J. W. Oliver, treasurer of Union township, Tuscarawas county, Ohio;
William A. McConnell of Gnadenhutten special school district of Clay town-
ship, Tuscarawas county, Ohio.

Whereas, On the 28th day of July, 1896, the Dennison deposit bank
in Dennison, Ohio, failed in a large amount;

Whereas, Mr. J. W. Oliver, treasurer of Union township, Tusca-
rawas county, Ohio, had on deposit in said bank as such treasurer at the
time of such failure money belonging to said treasurer in the sum of four
hundred and seven dollars and seventy-seven cents, which belonged to
the school fund of said Union township; and.

Whereas, F. O. Brown, treasurer of Mill township, Tuscarawas
county, Ohio, had at the same time on deposit in said bank the sum of
one thousand seven hundred and thirty-five dollars and seventy-six cents;
and,

Whereas, William C. McConnell, treasurer of said special school
district. Clay township, Tuscarawas county, Ohio, had at the same time
on deposit in said bank two hundred and forty-seven dollars and fourteen
cents ; and.

Whereas, The trustees of the above named townships did not fur-
nish said treasurer, or either of them, with a safe or other means of pro-
tecting such sunis in their hands; and.

Whereas, Without fault or negligence on the part of any of the said
above named treasurers, said bank became insolvent and made a general
assignment for the benefit of its creditors; and.

694

Whereas, The said bank will not be able to pay its depositors in
full; therefore,

Section 1. Be it enacted by the General Assembly of the State of Ofcw^
That the said F. O. Brown, J. W. Oliver and William A. McConnell and
their respective bondsmen, be and the same are hereby released from all
payment of and' liability fbr so much of the aforesaid funds as the as-
signees of said Dennison deposit bank shall fail to repay to the said F. 0.
Brown, J. W. Oliver and William A. McConnell on the full and final
settlement of the assignment; and they and each of them shall be relieved
of any and all liabilities for said sum. And the board of trustees of said
townships, and the board of education of Gnadenhutten special school
district are hereby authorized and required by suitable resolution to
make an entry on the record of said townships releasing the said F. 0.
Brown, J. W. Oliver and William A. McConnell and the sureties on their
official bonds as such treasurers for the payment of any balance remain-
ing unpaid of said money deposited by them in said bank. And the
assignees of said bank are hereby authorized and required to pay to
the treasurers of said townships all dividends that may be hereafter de-
clared from the assets of said bank. Provided, that before this act shall
take effect the trustees of the said township shall submit said proposition
to the electors of said township, and if a majority of those voting, vote
to release said F. O. Brown, J. W. Oliver and William A. McConnell
and their respective bondsmen, then said trustees shall proceed to cany
out the intentions and purposes of this act.

Section 2. This act shall take eflfect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 251L

[ House Bill No. 651.]

AN ACT

To authorize the county commissioners of Ashtabula county to transfer funds.

Section 1. Be it enacted by the General Assembly of tfie State of Ohio,
That the county commissioners of Ashtabula county be and are hereby
authorized to transfer ten thousand dollars (|10,000) from the building
fund to the bridge fund of said county.

Section 2. This act'shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 252L

695

[ Senate Bill No. 549.]
AN ACT

Supplementary to an act to provide a board of park commissioners, and to pro-
vide for the acquisition of grounds for parks, park entrances, and park
driveways, and for the improvement, management, and control of parks, park
entrances, and park driveways, in cities of the second grade of the first
class, passed April 5, 1893, and also of an act passed April 27, 1896.

[ CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That, to provide a further fund to pay the cost and expense of enlarging
the parks of any city of the second grade of the first class, and for the
establishment of such park or parks, park entrances and park driveways
as in the opinion of the board of park commissioners of such city from
time to time it may be necessary to establish, and for the improvement of
the parks of such city, and the improvement of such park, or parks, park
entrances of park driveways, which said board of park commissioners
such city, as may be established and put under the control of said board,
and for the improvement of any parks now existing and all parks, park
entrances or park driveways, which said board of park commissioners
may from time to time establish, it shall be lawful for said board of park
commissioners, by a four-fifths vote of said board, and they are hereby
authorized, after the passage of a resolution or ordinance by the city
council of any such city recommending the same to borrow a fund not
exceeding the sum of f 1,000,000 in addition to the fund mentioned and
authorized in and by section 10 of an act to provide a board of park
commissioners, and to provide for the acquisition of grounds for parks,
park entrances and park driveways, and for the improvement, manage-
ment, and control of parks, park entrances, and park driveways in cities
of the second grade of the first class, passed April 5, 1893, and also in
addition to the fund mentioned and authorized in section one of an act
passed April 27, 1896, which was supplementary to the aforesaid act of
April 5, 1893, and to issue therefor bonds of such city in the name and
under the corporate seal of such city. Said bonds shall be made payable
at such time not less than 30 years from the date of their issue, and shall
bear interest at such rate, not to exceed four per cent per annum, as
said board of park commissioners shall determine; said bonds shall be
signed by the president of the board of park commissioners and the
mayor of such city, and be attested by the city auditor of such city, and
shall be secured by the pledge of the faith of such city and tax, which
it shall be the duty of said board of park commissioners or its successors
to levy annually on the real and personal property returned on the grand
duplicate, sufficient to pay the interest of said bonds, and certify the same
to the county auditor. Before the maturity of said bonds the city coun-
cil of said cities shall also levy a tax upon all of said real estate and
personal property sufficient to pay the principal of said bonds, and certify
the same to the county auditor. Said tax to pay the interest on said
bonds and the principal^ thereof, shall be in addition to the amount now
authorized by law to fie levied for municipal purposes, and when so
certified shall be placed upon the grand duplicate of said city by said
county auditor and collected according to law. But said board of park
commissioners may decline to pay the cost and expenses aforesaid, or

696

any part thereof, from the issue of bonds aforesaid, and shall not pay
the cost' and expense, or any part thereof, of appropriating or purchas-
ing any street-railway property or franchise from the issue of bonds
aforesaid, in which event, such cost and expense or any part thereof
not paid from the issue of bonds shall be assessed by said board of park
commissioners on the lots and lands abutting on such park, park en-
trances or park driveways, and such adjacent and contiguous or other
benefited lots and lands in the corporation, either in proportion to the
benefits which may result from the improvement, enlargement or estab-
lishment aforesaid, or according to the value of the property assessed,
or by the foot front of the property bounding or abutting upon the park,
park entrance or park driveways, as said board of park commissioners,
before the improvement, enlargement or establishment aforesaid, may
determine, in the manner and subject to the restriction provided in sub-
division 1, chapter 4, division 7, title 12, of the Revised Statutes of Ohio,
as to assessments in cities of the second grade of the first class, in the
cases mentioned in section 2263 of said Revised Statutes, except that said
board of park commissioners shall have all the authority in reference to
parks, park entrances and park driveways therein conferred upon the
city council in reference to the improvements therein named.

Section 2. Said board of park commissioners shall after the pass-
age of an ordinance by the city council of any such city authorizing the
sale of the bonds herein mentioned receive bids for said bonds, from time
to time, as they may desire to dispose of them, or any part of them, after
advertising them for sale once a week for four consecutive weeks, on
the same day of the week, in two newspapers of opposite politics and
general circulation in such city, and shall sell the same for not less than
par value, to the highest bidder. The money arising from the sale of
said bonds shall be placed in the city treasury to the credit of said board
of park commissioners, in a fund to be called the "park fund." War-
rants drawn upon the city treasurer for payment out of said fund shall
be designated on their face, "For purchase of parks, park entrances and
park driveways," or "For improvement of parks, park entrances and
park driveways," according as they are drawn for (the one purpose or
the other) and a careful account of the condition of said fund shall be
kept by the city auditor of said city. No part of the funds realized from
the sale of said bonds shall be applied to any other purpose than the
acquisition of park lands, park entrances and park driveways, and the
improvement of such parks, park entrances and park driveways as are
now, or hereafter may be acquired; and no part of said funds shall be
applied to the expense of management of any of such parks, park en-
trances and park driveways, but the expense of management and control
of all parks, park entrances and driveways, now or hereafter established,
shall be paid from the annual levy which may be authorized for park
purposes or from other sources.

Section 3. This act shall take eflfect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 253L

697

[ House Bill No. 589.]

AN ACT

To divide Marion and Spencer township's in Allen county, Ohio, so as to make
another election precinct.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the townships of Marion and Spencer in Allen county, Ohio, be
divided so as to make another election precinct, as follows: To consist
of six sections of Marion township, the same being all that portion of
said township situated west of the Miami and Erie canal, and numbered
as follows: 1, 2, 3, 10, 11 and 12, and also six sections off of the north
end of Spencer township and numbered as follows: 15, 16, 17, 22, 23 and
24. That said election precinct shall be known as Landeck precinct and
the voting place shall be at the village of Landeck.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 254L

[ House Bill No. 577.]
AN ACT

To authorize the commissioners, auditor and treasurer of Fulton county, Ohio,
to allow and pay for a bridge over Bean creek, in said county.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the commissioners of Fulton county, Ohio, be and they are hereby
authorized to allow the claim of the Buchanan bridge company, or its
successors, to the amount of not exceeding sixteen hundred and fifty-
^ght dollars and fifty-five cents ($1,658.55), with interest thereon from
January 1, 1895. Said claim being for a bridge furnished by the said
the Buchanan bridge company, to the commissioners of said Fulton
county, Ohio, and constructed across and over a stream in said county,
known as Bean creek, and delivered and completed by the said the
Buchanan bridge company, on said January 1, 1895. And upon the
allowance of said claim by the said county commissioners, the auditor of
said county is hereby authorized to draw his warrant in payment thereof,
to the said the Buchanan bridge company, its successors, or duly author-
ized agent, upon the treasurer of said county, who is hereby authorized
to pay such warrant.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 255L

698

[ House Bill No. 572.]

AN ACT

To authorize the commissioners of Shelby county, Ohio, to levy tax for county

purposes.

Section 1. Be it eftacted by the General Assembly of the State of Ohio,
That the county commissioners of Shelby county, Ohio, be and are
hereby authorized to levy, in addition to the levies now authorized in
section 2823 of the Revised Statutes of Ohio, for county purposes, an
additional amount not to exceed five-tenths of a mill on the dollar valua-
tion, but in such case the levy for other purposes shall be reduced to
the same extent, so that the total levy for all purposes shall not exceed
the limit provided for in chapter 5, title 13.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Passed April 25, 1898. 256L

[ House Bill No. 566.]

AN ACT

For the relief of John Yoder, treasurer of Beaver township, Mahoning county^
Ohio, and the sureties on his official bond.

Whereas, John Yoder was, on the 1st day of April, 1895, duly
elected township treasurer of the township of Beaver, Mahoning county,
Ohio; and,

. Whereas, On the 8th day di April, 1895, the township trustees
passed the following resolution with respect to the safe-keeping of public
funds in the hands of the township treasurer: "By resolution the trustees
of Beaver township, Mahoning county, Ohio, authorized the township
treasurer to deposit all township funds in some bank subject to order of
treasurer;" and,

Whereas, On the 2nd day of December, 1896, in compliance with
said foregoing resolution, he in good faith, as such treasurer, had on
deposit in the bank of J. Esterly & Company, of Columbiana, Ohio, the
sum of f 164.98, the funds of said township; and.

Whereas, Without fault or negligence on the part of said John
Yoder, said bankings company became insolvent, and on the 2nd day of
December, 1896, passed into the hands of a receiver; and.

Whereas, Said receiver has paid two dividends of five per cent.
each, leaving a balance of |148.02, for which amount said John Yoder
and the sureties on his official bond are liable; and.

Whereas, Over four hundred of the qualified electors and tax-
payers of said township (being more than 80 per cent, of the taxpayers
and more than 80 per cen^. of the electors thereof) have petitioned this

699

general assembly to pass an ,.act to relieve said treasurer and the sureties
on his official bond; therefore,

Section 1. Be it ettacted by the Getieral Assembly of the State of Ohio,
That said John Yoder and the sureties on his official bond as treasurer as
aforesaid, be and are hereby wholly relieved and released from the pay-
ment to the treasurer of said township aforesaid, or to the officers thereof,
of the balance remaining unpaid of said money so deposited by him as
treasurer as aforesaid in said bank of J. Easterly & Company, of Colum-
biana, Ohio, upon the final settlement of the affairs of said bank, and
they and each of them shall be relieved of any and all liability for said
sum. And the board of trustees of said township are hereby authorized
and required by suitable resolutions to make entry on the records of said
township releasing said John Yoder and the sureties on his official bond
from the payment of any balance remaining unpaid of said money de-
posited in said bank. And the receiver of said bank is hereby author-
ized and required to pay to the treasurer of said township all dividends
that may hereafter be declared from the assets of said bank.

Section 2. This act shall take effect and be in force from and after
its passage

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 257L

[ House Bill No. 517.]

AN ACT

To authorize cities of the second grade of the first class to issue bonds for the
purpose of building and constructing bridges therein.

[ CLEVELAND.]

Section 1. Be it ettacted by the General Assembly of the State of Ohio,
That any city of the second grade of the first class, in the state of Ohio,
be and it is hereby authorized to borrow money in addition to any loans
heretofore authorized, in a sum not to exceed one hundred thousand
(?100,000) dollars, at a rate of interest not to exceed five per centum per
annum, payable semi-annually; such sum, or so much thereof as may be
needed, to be used solely for the purpose of building and constructing
such bridges, foundations and approaches within such city as the council
thereof may direct. For the purpose of effecting such loan, and pro-
viding a fund for the purpose aforesaid, any such city is hereby author-
ized to issue its bonds for the aggregate amount of such loan, or any
part thereof, in such denominations or amounts, and payable at such
time or times and at such rate of interest, not exceeding the amount
herein specified, as the council of such city may determine, said bonds,
except as indicated in the foregoing, shall conform to the requirements
of chapter 2, division 9, title 12, of the Revised Statutes of the state of
Ohio.

700

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 258L

[ House Bin No. 616.]
AN ACT

To authorize cities of the second grade of the first class to issue bonds for the
purpose of rebuilding, reconstructing or repairing bridges therein.

[ CLEVELAND.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That any city of the second grade of the first class, in the state of Ohio,
be and it is hereby authorized to borrow money in addition to any loans
heretofore authorized, in a sum not to exceed two hundred and fifty
thousand ($250,000) dollars, at a rate of interest not to exceed five per
-centum per annum, payable semi-annually; such sum, or so much thereof
as may be needed to be used solely for the purpose of rebuilding, recon-
structing or repairing of such bridges, foundations and approaches within
such city as the council thereof may direct. For the purpose of effecting
such loan, and providing a fund for the purpose aforesaid, any such city
is hereby authorized to issue its bonds for the aggregate amount of such
loan, or any part thereof, in such denominations, or amounts, and pay-
able at such time or times, and at such rate of interest, not exceeding
the amount herein specified, as the council of such city may determine.
Said bonds, except as indicated in the foregoing," shall conform to the
requirements of chapter 2, division 9, title 12, of the Revised Statutes af
the state of Ohio.

Section 2. This act shall take effect and be in force from and after
its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 259L

[ Senate Bill No. 506.]
AN ACT

To amend an act to authorize the improvement of public roads in certain town-
ships by the township trustees thereof, as passed April 21, 1893 (L. L., 0.
L., p. 77).

[CRANBERRY TOWNSHIP, CRAWFORD COUNTY.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
"That the trustees of any township in this state having within its boun-
daries a village whose population was at the last federal census not less

701

than seven hundred nor more than seven hundred and twenty, such town--
ship being bounded on its north side by two counties other than that of
which it forms a part, shall when the petition of fifty or more taxpayers
of such township (including such village) is presented to them, praying
for the improvement of the public roads of such township, submit the
question of the improvement of the public roads thereof to the qualified
■ electors of such township, including such village, at a general or special
election, within sixty days after the presentation of such petition.

Section 2. The qualified electors of such township (including those
of such village) shall, at such election, have submitted to them the policy
of improving its public roads by general taxation. And those voting in.
favor of such proposition shall have on their ballots, "Road improvement
by general taxation — Yes," and those opposed, **Road improvement by
general taxation — No." The township trustees shall cause notice of
such election to be given in all the newspapers published in and of gen-
eral circulation in such- township, and shall also cause handbills an-
nouncing the same to be posted up at the usual place of holding elec-
tions in such township, at least ten days prior to such election.

Section 3. The trustees of such township shall appoint three judges-
and two clerks therein, who shall conduct such election in like manner
as is by law provided for holding other elections. They shall within
three days thereafter, return to the clerk of such township a full and
correct abstract of the votes cast at such election, and shall be governed^
in all respects, by the laws regulating general elections, and shall receive
the same compensation as judges and clerks at other elections, which
shall be paid out of the township fund upon the order of the townships
clerk. The poll-books and abstracts so returned to the township clerk
shall, within five days thereafter, be opened by the township trustees
and clerk, and a correct statement of the result shall be entered upon the
records of the township by the clerk for public inspection.

Section 4. If at such election, a majority of the votes cast are
against the policy of improving the public roads by general taxation^
the township trustees shall not assess any tax for that purpose; but they
shall, when a like petition is thereafter presented to them, again submit
the same question at the next annual election, either spring or fall, to
the qualified voters of such township, notice of which shall be given and
the election conducted, in all respects, in the manner hereinbefore pre-
scribed.

Section 5. If at such election, a majority be found in favor of the
policy of the improvement of the public roads of such township by gen-
eral taxation, the trustees of such township shall appoint three freehold-
ers of such township as commissioners, to designate and determine the
established roads of such township, which should in their opinion, be
improved. The commissioners may call to their aid a competent engi-
neer, who shall make a correct map of the township, plainly showing the
established roads of such township which have been by such commis-
sioners designated for improvement, and also, profiles of such roads,
showing the grades thereof as they then exist, which he shall turn over
to the custody of the township clerk.

Section 6. The commissioners so appointed shall, before entering
upon the discharge of their duties, take an oath or affirmation, honestly
and impartially to discharge their duties with a view to the public wel-

702

fare. They shall receive as compensation two dollars per day for each
day actually employed. The engineer shall receive such stun, not ex-
ceeding four dollars per day, as he may with the commissioners agree
upon. The compensation of the commissioners and the engineer shall
be paid out of the township fund upon the order of the township clerk,
after allowance by the township trustees.

Section 7. The trustees shall cause to be kept by the township
clerk, in a book to be provided by them for that purpose, a full and com-
plete record of their proceedings under this act, relating to the improve-
ment of public roads; and also an accurate separate account of receipts
and expenditures under its provisions; and no money raised for the
improvement of public roads shall be drawn from the treasury except
to pay liabilities already accrued, and then only in pursuance of orders
caused by the trustees, whilst in session as a board, to be entered upon
the record of their proceedings and by orders drawn in pursuance thereof
by the township clerk, upon the township treasurer, and in favor of the
persons only to whom the money is due.

Section 8. When the township trustees have by resolution deter-
mined to improve a designated road, the work of its construction shall
be by them publicly let to the lowest responsible bidder, after due notice
given of such letting by publication in one or more newspapers pub-
lished in such township and by handbills judiciously posted.

Section 9. For the purpose of letting contracts the trustees shall
cause each road about to be improved to be divided into suitable sections,
and the sections shall be numbered from the point of beginning toward
the township line, and shall let the same by sections. - All contracts shall
be let upon proper specifications of the various kinds of labor required
upon each section, and also the materials which shall enter into the
construction of the same. Bidders shall be required to separately state
their bids for each class of work in such manner as the trustees may de-
mand, and shall also bid separately for the materials to be furnished.

Section 10. Each contractor shall be required to give bond in
amount at least equal to the contract price, with sufficient sureties for the
faithful performance of his contract, payable to the township trustees,
for the use and benefit of the township, and with the necessary stipula-
tions on the part of the contractor and the specifications of work and
materials inserted therein.

Section 11. In all cases the construction of such improved roads
shall commence at the point of beginning, and no payments for work
or materials shall be made except upon estimates made by the superin-
tendent of improved roads, appointed by the trustees, and by him duly
certified, of work actually done, and of materials actually furnished, and
after reserving such per cent, not less than fifteen, as may be fixed by
the parties to the contract, to guarantee the performance thereof.

Section 12. No road shall be improved under the provisions of
this act which is less than forty feet wide, and at least twenty feet thereof
shall be tumpiked with earth so as to drain freely to the sides, and shall
be raised with stone or gravel not less than nine nor more than sixteen
feet in width, and not less than twelve inches thick in the center nor less
than eight inches at the outer edge of such bed of stone or gravel, well
compacted together in such manner as to secure a firm, even and sub-
stantial road. In no case shall the grade, or ascent or descent of the

703

road be greater than seven degrees. The road shall be well provided
with necessary sidedrains, wasteways and underdraifts to prevent over-
flowing or washing by water; and the commissioners of the county in
which such township is located shall, on the application of the township
trustees, cause all necessary bridges and culverts on such roads to be
constructed or reconstructed in a substantial manner, so as to conform to
the grade of the improved road.

Section 13. All roads improved under the provisions of this act
shall be free turnpikes; but the trustees of any such township shall have
the same power to regulate the width of tires to be used on such roads
as is conferred upon county commissioners in section 4904 of the Re-
vised Statutes of the state of Ohio, and the penalties provided by section
4905 of said statutes, shall be applicable and imposed for any violation
of the rules adopted by such trustees to reg^ilate travel upon such im-
proved roads. .

Section 14. '» Before entering upon the improvement of any roads
under the provisions of this act,, the trustees of any such township shall
employ, some competent engineer, who shall be known as superintendent
of improved roads, who shall be paid not more than four dollars per
day, for the time actually employed, out of the funds taised for the im-
provement of roads. He shall, before entering upon his duties, take and
subscribe an oath or affirmation to faithfully and honestly discharge his
duties, and shall give bond in the sum of five thousand dollars, payable
to the trustees, for the use and benefit of such township, conditioned
that he m\\ faithfully and honestly discharge his duties, all and singular,
as superintendent of improved roads of such township; and for the
duties performed under the provisions of this act the trustees shall, upon
filing an itemized statement with the clerk of the township, as provided*
for in section 1530, Revised Statutes, as amended April 21, 1890, receive
two dollars per day in addition to the fees allowed in said section 1530
for other services rendered for the time actually employed, but such
compensation shall in no one year exceed the sum of eighty dollars each
for the services performed under said original act, and the trustees shall
allow the township clerk for services performed under this act a reason-
able compensation not to exceed fifty dollars in any one year.

Section 15. It shall be the duty of the superintendent of improved
roads of any such township to prepare all plans, profiles and specifica-
tions, and to determine the grades of any road about to be improved by
the trustees of such township, when by them directed so to do; and all
work done on such roads shall be under his supervision, and all materials
shall be inspected by him, and both shall be subject to his approval. No
payments shall be made for any work or materials except upon his esti-
mates and certificate that the same is in compliance with the contract.
He shall make and furnish to the parties interested estimates for work
done and materials furnished at such times as the contracts may provide,
and may employ such assistants as he may require, who shall receive
su<:h reasonable compensation as the township trustees may allow.

Section 16. For the purpose of providing the money necessary to
meet the expenses of improving such roads, the tnistees of any such
township may, if in their opinion it be advisable, issue the bonds of the
township, payable at such times as they may determine, not exceeding
twenty-five years, in sums of five hundred dollars each, bearing interest

704

at a rate not exceeding six per cent, per annum, payable semi-annually r
but such bonds shall not be sold for less than their par value, and the
aggregate amount of the bonds of any such township shall not exceed
thirty-five thousand dollars. The sale of all such bonds shall be adver-
tised for at least thirty days, and the same shall be sold to the highest
bidder.

Section 17. When the trustees of any such township have deter-
mined to improve any road or rosds, as herein provided, in order to
provide for the payment of such improvement, and to provide a fund
for the redemption of any bonds issued by them under the provisions
of section 16 of this act, together with. the interest thereon, they shall^
in addition to the other road taxes authorized by law, levy annually, upon
each dollar of the valuation of all the taxable property of such township,
including such village, an amount not exceeding three mills upon each
dollar of such valuation, and shall continue such levy from year to year
until the bonds issued for that purpose, together with the interest thereon,
have been paid.

Section 18. The trustees of any such township shall cause the
amount of the taxes by them levied each year, under section 17 of this
act, to be certified to the auditor of the county in which it is located, as
other taxes are certified to him, and the same shall be by him placed upon
the duplicate of the taxable property of such township (including such
village), and the same shall be collected by the county treasurer in like
manner as other taxes are collected.

Section 19. The trustees of any such township shall provide for
the keeping in repair of such improved roads, and for that purpose the
provisions of sections 4891, 4892 and 4894 of the Revised Statutes are
made applicable to such townships.

Section 20. To provide a fund for the keeping in repair of such im-
proved roads the trustees of any such township may levy, annually, an
amount not exceeding one-half of one mill upon each dollar of the valua-
tion of all the taxable property of such township, including such village,
in addition to the other road taxes by them levied.

Section 21. . The treasurer of any such township shall receive and
disburse all moneys arising from the provisions of this act He shall
receive as compensation therefor one per centum of the first ten thou-
sand dollars or less disbursed by him in any one year, and one-half of
'one per centum upon any amount in excess of ten thousand dollars, to
be paid out of the township fund, and he shall receive no other compen-
sation for services under this act.

Section 22. No taxes or assessments shall be levied upon any
property in such township (including such village) by the county com-
missioners of the county in which it is located, under the provisions of
chapters 6, 7, and 8 of title 7 of the Revised Statutes of Ohio, after any
of the public roads thereof have been improved under the provisions
of this act.

Section 23. This act shall take effect and be in force from and
after its passage. HARRY C. MASON,

Speaker of the House of RepresetUativcs.
ASAHEL W. JONES,

President of the Senate.

Passed April 25, 1898. 260L

705

[ House Bill No. 692.]

AN ACT

To create a monument committee, to be called the permanent soldiers', sailors'
and pioneers' monument committee of Butler county, Ohio ; and to empower
and direct the commissioners of Butler county, Ohio, to levy a tax to build
monuments commemorative of the soldiers, sailors and pioneers of said county.

Section 1. Be it enacted by the General Assembly of the State of Ohio^
That there be, and hereby is, created a monument committee, to be called
the permanent soldiers', sailors' and pioneers' monument committee of
Butler county, Ohio, to be composed of ten persons, who shall be resi-
dent electors of said county, and members of the present "soldiers',
sailors' and pioneers' monument committee of Butler county, Ohio," to
be appointed by the governor of the state of Ohio, by and with the con-
sent of the senate of Ohio, and shall serve for a term of five years, or
until the monuments, or structures herein provided for, shall be com-
pleted. Said committee shall perform the duties and exercise the powers
prescribed by this act, and shall serve without compensation. Any va-'
cancy from whatsoever cause occurring in said board, shall be filled by
such committee by a member having the qualifications as hereinafter
provided, at the next regular or called meeting of such committee accord-
ing to the rules and by-laws governing the same, and who shall take an
oath as prescribed in the succeeding section.

Section 2. Upon the appointment and confirmation of said com-
mittee, the members shall each take an oath to perform well and faith-
fully the duties imposed upon them by this act. And the said, the per-
manent soldiers', sailors' and pioneers' monument committee, having
heretofore, to wit, on the twenty-fifth day of September, A. D. 1897,
been duly incorporated as such, under the laws of Ohio, for the purpose
of procuring a site and to procure means to erect thereon a suitable
monument, to perpetuate the memory of the soldiers, sailors and pioneers
of Butler county, and has since the procurement of said charter of incor-
poration, duly organized by the election of a president, a first and second
vice-presidents, a treasurer, a recording secretary, and a financial secre-
tary, a corresponding secretary, and has adopted the rules and by-laws
by which said committee is to be governed in carrying forward the
object of its said charter, and has procured a suitable place in the city
of Hamilton, Butler county, Ohio, whereon to erect said monument or
structure through the granting of an ordinance passed by the city council
of said city, the same is hereby affirmed by this act, together with such
amendments thereto as may from time to time be adopted by said com-
mittee.

Section 3. Said committee shall have full power to select a place
or places for the proposed monuments, and shall have exclusive control
of the building of said monuments, and is empowered to have models
and designs prepared, and is hereby authorized, if it so determine, to locate
one of such monuments on that portion of High street that lies west of
a continued line of the west side of South Water street when intersecting
High street, in the city of Hamilton, Butler county, Ohio, being the same
site lately dedicated by the city council of Hamilton, Butler county, Ohio,
to the said committee, by an ordinance duly passed by said city council,
on the eighteenth day of January, 1898, and is now known as "Monu-
45

706

ment place/' and one at or in the city of Middletown, Butler countv,
Ohio.

Section 4. Said committee having determined upon the site or
sites for said structure or structures, as herein authorized, shall determine
upon the plans for such monuments or structures and it is authorized to
contract with the lowest and best bidder for either a whole or a part
of the work, or it may in its discretion, contract for the same by day's
work or price, and said committee is also empowered to do whatever
work that may be necessary, to render said sites suitable therefor; pro-
vided, however, the entire cost of the proposed structures, the expense
if any, in rendering the proposed sites suitable for said structures, and
any expense of the committee, shall not exceed the amount authorized
by this act, to be levied for the same. And, provided further, that said
monument committee is autliorized to receive donations in money, and
materials for such structures, or time or services of any person in the
erection of said structures, or the improvements of such sites.

Section 5. The said monument committee is also authorized to
appropriate for temporary use, at the commencement or progress of its
work, any pubhc property of the county of Butler, or the city of Ham-
ilton, or the city of Middletown, which may at any time be vacant, and to
erect temporary structures thereon, in which work for the monuments
can be prepared, and to have fuel and light furnished free, upon applica-
tion of said monument committee from said municipalities, or from the
gas trustees of said municipalities, if said municipalities own their own
gas-works, and in ample quantity for such temporary buildings; and the
city, water-works trustees of said municipalities shall furnish free of
charge, upon demand made by said monument committee, all water
necessary for the use in the building of said proposed monuments at
the place or places designated by said monument committee.

Section 0. In the* case of the monument at Hamilton, Buder
county, Ohio, after said monument or structure has been fully com-
pleted, and the site whereon it is erected has been supplied wiA foun-
tains, the water-works trustees of the said city of Hamilton arc required
to make suitable connections with the fountains which may be erected
on said proposed site, and to furnish perpetually free of charge on the
demand of said monument committee said fountains with all the water
that may be necessary for drinking and other purposes. And the gas
trustees of said city of Hamilton are required to furnish, free of charge,
on demand made by the committee forthwith, with all the gas and electric
lights that may be necessary to light the building and grounds, and to
keep the same permanently and perpetually supplied and lighted, as
other public buildings and grounds of said city.

Section 7. The county commissioners of Butler county, Ohio, be
and they are hereby authorized and directed to levy a tax upon all the
taxable property of said county 10-12 of a mill on the dollar of the
valuation of said property, and in the same manner as other counts-
taxes are levied and collected, which shall be levied and collected annu-
ally, for a period of three consecutive years, next following the passage
of this act, for the purpose of erecting two suitable monuments, one
to be located in Hamilton, Butler county, Ohio, and one at or in Middle-
town, Butler county, Ohio, to perpetuate the memory of the soldiers,
sailors and pioneers of Butler county, Ohio, which money, when so col-

707

Icctcd, shall be placed in the county treasury to the credit of the "mon-
ument fund," 9-12 of which sum shall be used to pay the costs of tiic
erection of the monument at Hamilton, Butler county, Ohio, and 1-12
shall be used to pay the costs of erecting the monument at or in Middle-
town, Butler county, Ohio; provided that the question of levying suck
tax shall be submitted to the qualified electors of the county at a generaF
or special election, to be decided upon and petitioned for by the soldiersV
sailors' and pioneers' monument committee, and said election to be con^
ducted, canvassed and certified in the same manner as other elections^
and if it result that a majority of the voters voting upon the question
of levying the tax vote in favor thereof, then and not otherwise the
tax shall be levied.

Section 8. The said monument committee shall have power, and
it is hereby authorized, as the work on the monuments or structures
progresses to make drafts upon the auditor of said county, to pay for
such work done and material furnished under the direction of said mon-
ument committee; said drafts to be signed by the president of said
monument committee and countersigned by the recording secretary
therof after they have been regularly instructed so to do, at a regular
or called meeting of said monument committee, in accordance with the
rules adopted for the allowance and payment of bills; and upon receiving
such drafts said auditor shall draw his warrant on the treasurer of Butler
county, Ohio, for the amount of the same.

Section 9. In the case of the monument at Hamilton, upon the
completion of the same, the permanent soldiers', sailors' and pioneers'
monument committee shall turn the same over to the said city of Ham-
ilton, which city shall care for the same and the grounds surrounding
it, and shall be empowered to employ a janitor therefor, one of the qual-
ifications of whom shall be that he is an honorably discharged soldier
or sailor from the United States army or navy who shall have sole care
and control of said monument and the site of the same, and who shaU
be vested with all the ordinary powers of a policeman. Upon the com-
pletion of such monument or structure and after the same has been
turned over as herein provided, the duties and powers of said the per-
manent soldiers', sailors' and pioneers' monument committee shall cease,
and all balance of the monument fund after the monument is completed
and dedicated shall be turned into the city treasury of the city of Ham-
ilton, and shall be known as the "monument fund," and shall be used
in keeping in repair said montunents and grounds. When the said
monument and site are turned over to the said city of Hamilton as
herein provided, it shall be a charge against said city and all expenses
necessary to maintain and keep in repair said monument, beautify the
grounds and all other necessary expenses connected therewith shalt
be paid by said city out of said monument fund. And when said fund
becomes exhausted they shall be paid out of the general expense fund
•f said city.

Section 10. The said the permanent soldiers', sailors' and pioneers'
monument committee of Butler county, Ohio, shall appoint a sub-com-
mittee of five resident electors of Middletown, Butler county, Ohio, for
the purpose of erecting said monument at or in said municipality, as
provided in this act, who shall be paid the money herein provided for,.
for the erection of the monumtnt at or in Middletowr^ B*itler county,.

708

Ohio, or so much thereof as shall be necessary to complete the same.
The same to be paid out of the treasury of Butler county, Ohio, as here-
inbefore provided by the said the permanent soldiers', sailors' and pioneers'
monument committee of Butler county, Ohio.

Section 11. This act shall take effect and be in force from and
after its passag^e.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 261L

[ House Bill No. 676.]

AN ACT

Authorizing the township clerk of Bratton township, Adams county, Ohio, to
issue an order in favor of W. C. McCall of said township and county, in
the sum of eighty-five ($85) dollars, for services rendered as teacher in
district No. 2 of said township and county.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That the township clerk of Bratton township, Adams county, Ohio, is
hereby authorized and instructed to issue an order in behalf of W. C.
McCall of said township and county, in the sum of eighty-five (|85)
dollars, for services properly rendered as teacher in subdistrict No. 2,
of said township, to the township treasurer of said township.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 262L

[ House Bill No. 669.]

AN ACT

To provide for the creation of a board of hospital trustees, and to prescribe the
powers and duties of such board in cities of the second class, third grade a.

[ SPRINGFIELD.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in cities of the second class, third grade a, there shall be a board
of hospital trustees, consisting of five (5) members, not more than three
(3) of whom shall at any time belong to the same political party, and
at least four (4) of whom shall be electors of the city for which they are
appointed, and one (1) of whom may be an elector of the township in
which such city is situated, although not an elector of such city.

Section 2. The members of such board of hospital trustees shall
be appointed by the board of tax commissioners of such city within thirty

709

(30) days after the passage of this act, respectively for terms of one (1),
two (2), three (3), four (4) and five (5) years, and thereafter one (1)
member shall annually be so appointed for the term of five (5) years, and
in case of a vacancy arising from any cause such vacancy shall be so
filled by appointment for the unexpired part of such term.

Section 3. The members of said board of hospital trustees shall
serve without compensation, and before entering upon the discharge of
their duties shall take the oath of office prescribed by law, and shall
each give bond in the sum of t\yenty-five hundred (f 2,500) dollars, con-
ditioned according to law and to the approval of the mayor and council
of such city.

Section 4. Such board of hospital trustees shall hold meetings at
least once a month, and shall adopt all necessary rules for the regulation
of its business; it shall keep a complete record of all its proceedings,
which record, or a copy thereof, duly certified by the clerk of said board,
shall be competent evidence of the transactions of said board in all the
courts of this state; the ayes and nays shall be called upon the passage
of every resolution or order; three (3) members of the board shall con-
stitute a quorum for the transaction of all business, and no resolution
or order shall be adopted or contract or other obligation entered into
unless three (3) members shall vote in its favor; and no member of the
said board shall be interested, directly or indirectly, in any contract
concerning any hospital under the control of said board. The city clerk
shall act as the clerk of such board of hospital trustees, and shall receive
no additional salary or compensation for such services.

Section 6. Such board of hospital trustees, subject to the ordi-
nances of council, shall have the entire management and control of any
hospital or hospitals now belonging to any stlch city, or which it may
hereafter acquire, and shall establish such rules for the government
thereof and the admission of persons thereto as it may deem expedient;
such board of hospital trustees shall also have the entire control of the
expenditure of all moneys which any such city may, from time to time, have
available for hospital purposes from whatever sources the same may have
been derived, and the same shall be disbursed by the treasurer of any
such city only upon the warrant of the city clerk, drawn in accordance
with the order of such board of hospital trustees.

Section 6. Such board of hospital trustees shall have the entire
management and control of the erection, rebuilding and repair of all
buildings used for hospital purposes, and shall also have the entire man-
agement and control of all grounds used for hospital purposes, and shall
adopt rules and regulations for the protection, care and government
of all such buildings and grounds under its charge, and such rules, when
approved by the council of any such city, shall have the same effect and
may be enforced by the same penalties as ordinances of the city.

Section 7. It shall be the duty of such board of hospital trustees
before entering into any contract for the erection of a hospital building,
or for the rebuilding or repair of any hospital building, the cost of which
exceeds one thousand (f 1,000) dollars, to cause plans, specifications, de-
tailed drawings and forms of bids to be prepared, and when adopted
by the board, it shall have the same printed for distribution among the
bidders.

710

Section 8. AU contracts shall bt made is the name of the corpoja-
tioB, and it shall be stipulated therein that the contractors wtU not exe-
ctftt any extra work or make any modifications or alterations in the
^Kcifications and plans, unless ordered in writing by the board; that
they will not claim pay for the same unless such written order is given,
and the extra price or compensatkm fixed and agreed upon; and copies
of the plans and drawings attested by the contractor, and the original
bids» specifications and contracts shall be deposited in the office of the
. clerk of the corporation.

Section &. The board shall not enter into any coolract for work,

or supplies, where the estimated cost thereof exceeds one thousand
((1,000) dollars, without first causing thirty (30) days' notice to be given
in one newspaper of general circulation in the corporation, that sealed
proposals will be received for doing the work or furnishing the materiak
and supplies.

Section 10. Each bid shall be accompanied with a bond, signed
by sufficient security, ior the acceptance of the contract, if awarded bj
the board, to fully secure any difference between the amount of such
bid and the next higher bid; and such amount shall be coUeeted by
the board and paid into the hospital fund, in case of the refusal by the
bidder to enter into contract according to his bid, within such reasonable
time, as the board may determine.

Section 11. All bids shall be enclosed in a sealed envelope, and
deposited with the clerk of the board, and such sealed envelope shall
have endorsed thereon the nature of the same; and all bids shall be
opened at a regular meeting of the board.

Section 12. The board shall enter into contract with the lowest
responsible bidder, upon his giving bond to the corporation, with such
security as the board shall approve, that he will perform the work and
furnish materials or supplies in accordance with his contract; and on
the failure of such bidder within a reasonable time, to be fixed by the
board, to enter into bond with the security before provided, a contract
may be made with the next lowest responsible bidder, and so on, until
a contract is effected by a contractor giving bond as aforesaidj pro-
vided that the board may reject any and all bids.

Section 13. Such board of hospital trustees shall have no power
to incur any liability for hospital purposes beyond the amount of the funds
levied, or otherwise received for such purpose.

Section 14. Such board of hospital trustees may employ such
superintendents, physicians, nurses and other employes as it may deem
necessary for the execution of its duties, and fix their salaries or com-
pensation; and any of such persons may be removed by such board at
any time.

Section 15. Such board of hospital trustees shall annually, on the
first Monday in April, make a report to the council of their proceedings
in respect to hospitals, with a detailed statement of their receipts and
expenditures during the year; and they shall also at the same time sub-
mit to the council a detailed estimate of the amount necessary to main-
tain and improve such hospital for the ensuing year.

711

Section 16. Any and all acts and all sections and portions thereof,

of the Revised Statutes of Ohio, in so far as the same conflict with or

are inconsistent with any of the provisions of this act, are hereby repealed.

Section 17. This act shall take effect and be in force from and

after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of -tlve Senate,
Passed April 25, 1808. 263L

[ House Bill No. 668.]

AN ACT

Relating to the compensation of justices of the peace in Youngstown township,

Mahoning county, Ohio.

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That in Youngstown township, Mahoning county, Ohio, each justice
of the peace, for services rendered, shall receive in lieu of all fees a
salary of twelve hundred dollars, and one hundred and fifty dollars
for clerk hire, and not exceeding one hundred and fifty dollars for office
rent, per annum, payable out of the treasury of said township, in monthly
payments, on the first Saturday of each month, together with such suit-
able office furniture as the trustees of said township may provide, not
exceeding in value two hundred dollars; the said furniture, when so
provided, to be and remain the property of said township and to be
turned over by each outgoing justice of the peace to his successor in
office; he shall also be provided by such trustees with all necessary
blanks and stationery; he shall keep his office open and devote his time
to the duties thereof from 8:30 o'clock a. m. until 12 o'clock m. and
from 1:30 o'clock p. m. until 5 o'clock p. m. And hereafter there shall be
not more than two justices of the peace for said township, but the provis-
ions of this act shall not be construed so as to prevent any present incum-
bent of such office from serving out the full term to which he has been,
elected. And in case there are more incumbents of said office in said
township than the number to be hereafter elected, no election shall be
held for justice of the peace therein until, by expiration of their term
of office, the number of justices of the peace has been reduced to two,
and thereafter elections shall be held in such townships to fill all vacancies
occurring in such office.

Section 2, It shall be the duty of each justice of the peace de-
scribed in the first section of this act to collect the fees as provided in
sections 615 and 621 of the Revised Statutes of Ohio, and make return
under oath to the township treasurer on the first Saturday of January,
April, July and October of each year, of all fees collected by him, and
pay the same to the township treasury; he shall also make a return to
the township treasurer at the time of all fees due and uncollected; he
shall, within five days after the expiration of his term of office, make
an itemized statement under oath to the township treasurer of all fees
uncollected by him, and it is hereby made the duty of said township treas-
urer to collect said unpaid fees, out of which he is authorized to retain

712

ten per centum of the amount collected for his services, and account
for the balance as other funds of such township coming into his hands
as treasurer.

Section 3. The township trustees of such township shall cause the
accounts and transactions of such justice of the peace to be carefully
examined, at least twice each year, and is authorized to take such pos-
session of the books, dockets and papers necessary for the making of
such examination.

Section 4. This act shall t^ke effect and be in force from and
after fanuarv 1, 1891).

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senati
Passed April 25, 1898. 264L

[ House Bill No. 655.]
AN ACT

To amend section 5 of "An act to authorize the commissioners of Hamilton county
to levy a tax for improving, grading and macadamizing Indian Hill avenue,
in Columbiana township, and for other purposes." [^1 O. L, 679.]

Section 1. Be it enacted by the General Assembly of the State of Ohio,
That section 5 of **An act to authorize the commissioners of Hamilton
county to levy a tax for improving, grading and macadamizing Indian
Hill avenue in Columbia township, and for other purposes," passed
May 1, 1894 (01 O. L., 679), be and the same is hereby amended so as
to read as foUow^s:

Sec. 5. When the report of the trustees, as provided in the pre-
ceding sections, is filed with the county commissioners, they shall at
once advertise for bids, for ten consecutive days, in a newspaper of
general circulation in said county, for improving said road by grading,
macadamizing and constructing the necessary bridges and drains. And
the said commissioners shall award the contract to the lowest and best
bidder. The improvements shall be made under the supervision of the
said trustees, who shall report, from time to time, to said commissioner,
who are hereby given exclusive and complete jurisdiction in the impro\':-
ment and levy provided for herein. The said trustees shall eacli to
allowed and paid by said commissioners as compensation for their service?,
seventy-five dollars per month during and from the begmning of the
construction of said avenue.

Section 2. Section five of said original act is hereby repealed, and
this act shall take effect and be in force from ar.J v^i'i'jT the date of its
passage.

HARRY C. MASON,
Speaker of the House of Represetiiatives

ASAHEL W. JONES,

President of the Senate.
Passed April 20, 180S. 265L

713

[ House Bill No. 646.]

AN ACT

To authorize the township board of education of Defiance township, Defiance
county, Ohio, to issue bonds and build a school-house.

Section 1. Be it enacted by the General Assembly of the State of Ohio^
That the board of education of Defiance township, Defiance county, Ohio,
be and the same is hereby authorized and empowered to issue bonds in
any sum not exceeding twelve hundred dollars (f 1,200) for the purpose
of building a school-house in subdistrict No. 8, in said township.

Section 2. Said bonds shall be of the denomination of six hundred
dollars (f 600) each, and bear interest at the rate of six per cent., payable
semi-annually. The principal and interest shall be due and payable at
such time as the board of education may, by resolution, determine. Said
bonds shall be sold according to law, and for not less than their face
value with accrued interest.

Section 3. Said board of education shall annually levy a tax not
to exceed two (2) mills on the dollar valuation in addition to the levy
of taxes now allowed by law for the purpose of paying the principal and
interest of said bonds, as the same shall become due and payable accord-
ing to the terms thereof.

Section 4. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Passed April 25, 1898. 266L

[ House Bill No. 620.]

AN ACT

For the purpose of providing for boards of education in Greene county.

Section 1. Be it enacted by t}ie General Assembly of the State of Ohio,
That in village districts, in Greene county, the board of education shall
consist of seven members, except in districts organized under a law pro-
viding for only three members who shall have the qualification of an
elector therein, and in such districts the membership may be increased
to seven, and three members shall be chosen at the next annual election
for school officers, to serve for three years; and annually thereafter, two
except every third year, when three judicious and competent persons
shall be elected, and if the board consists of three members one such
person shall be elected each year; provided, that in each special district
in said county where the board of education now consists of six mem-
bers, there shall be chosen at the next annual election for school officers,
by ballot, on the first Monday of April, three members to serve for three
years, and annually thereafter, two members to serve for three years,
except every third year, when three persons shall be elected to serve
for three years; five days' notice shall be given of such election. The

members of such boards now in office, and those hereafter elected shall
sefve until their successors are elected and qualified; provided further,
that the first election under this act in village districts shall not take place
until the first Monday of April, 1899.

Section 2. This act shall take effect and be in force from and
after its passage.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 26, 1898. 267L

[ House Bill No. 611.]

AN ACT

To increase the salary of township trustees in Canton township. Stark county, Ohio.

Section 1. Be it enacted by the General Assetnbly of the State of Ohio,
That the township trustees of Canton township, Stark county, Ohio,
may receive as compensation, at one dollar and fifty cents for each day*s
-service, a sum not to exceed three hundred dollars each in any one
year, to be paid out of the township treasury; including services in con-
nection with the poor.

Section 2. This act shall take effect and be in force froni and
rafter its passage.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Passed April 25, 1898. 268L

JOINX RKSOI^UXIONS.

[ Senate Joint Resolution No. 1.]

JOINT RESOLUTION

Providing for a committee on joint rules.

Be it resolved by the General Asseiftbly of the State of Ohio, That a

joint committe of three on the part of the senate and on the part

of the house be appointed to prepare and report joint rules for the two
houses.

HARRY C MASON,
Speaker of the Hotise of Representatives,
ASAHEL W. JONES,

President of the Senate,
Adopted January 3, 1898. 1

[ House Joint Resolution No. 2.]

JOINT RESOLUTION

Relative to the appointment of a committee of the house and senate to assist in
the arrangement for the inauguration of General Asa S. Rushnell.

Resolved by the General Assembly of the State of Ohio, That a com-
mittee consisting of five members of the senate and seven members of
the house be appointed respectively by the president and speaker to
represent and act on behalf of the general assembly, and to cooperate
with committees on behalf of civic and military organizations and bodies,
in arranging for the inauguration of the governor-elect, General Asa
S. Bushnell, on Monday, January 10, 1898.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES.

President of the Senate,
Adopted January 3, 1898. 2

[ House Joint Resolution No. 1.]

JOINT RESOLUTION

Relative to the appointment of a committee of the house and senate to wait upon
the governor and to receive, his message.

Be it resolved by the General Assembly of the State of Ohio, That a
committee of three on the part of the senate and three on the part of

'715/

716

the house, be appointed to wait upon the governor and inform him that
the general assembly is in session, and ready to receive any communica-
tion which he may have to transmit.

HARRY C. MASON,
Speaker of the House of RepresentaHves.

ASAHEL W. JONES,
President of the Senate.
Adopted January 3, 1898. 3

[ House Joint Resolution No. 6.]

JOINT RESOLUTION

Concerning the election of a United States senator.

Resolved by the General Assembly of the State of Ohio, That the
members of the two branches of the general assembly meet in joint
convention in the hall of the house of representatives at' 12 m. on Wed-
nesday, January 12, 1898, for the purpose of taking such action relative
to the election of a United States senator in congress, as provided for
by law.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES.
President of the Senate.
Adopted January 11, 1898. 4

[ House Joint Resolution No. 7.]

JOINT RESOLUTION

Concerning the printing of the manual of legislative practice.

Be it resolved by the General Assembly of the State of Ohio, That the
clerk of the senate and the clerk of the house of representatives are
hereby directed to have printed upon good book paper of suitable weight
and bound, 2,500 copies of the manual of legislative practice of the gen-
eral assembly of Ohio for the years 1898 and 1899, 600 copies for use
of the senate and 1900 for use of the house of representatives.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate,
Adopted January 11, 1898. 5

717

[ Senate Joint Resolution No. 7.]

JOINT RESOLUTION

Concerning adjournment of general assembly.

Resolved by the General Assembly of the State of Ohio, That when
the senate and house of representatives adjourn on Thursday, January
13, 1898, they adjourn till Monday, January 17, 1898, at 4 o'clock

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,
Adopted January 13, 1898. 6

[ Senate Joint Resolution No. 3.]

JOINT RESOLUTION

Providing for a joint convention of the house and senate to count the vote for

state oiHcers.

Be it resolved by the General Assembly of the State of Ohio, That the
two houses of the general assembly meet in joint convention in accord-
ance with the provisions of the constitution and the statutes, on Wed-
nesday, January 5, 1898, at 11 o'clock a. m., in the hall of the house
of representatives to witness the opening", publishing and declaring the
result of the returns of the votes cast for governor, lieutenant-governor,
treasurer of state and attorney-general, at the election held on the first
Tuesday after the first Monday in November, 1897.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Adopted January 20, 1898. 7

[ House Joint Resolution No. 4.]

JOINT RESOLUTION

Concerning the adjourning of the general assembly until January 10, 1898.

Be ii resolved by the General Assembly of the State of Ohio, That when
the general assembly adjourns on Wednesday, January 5, it be to meet
on Monday, January 10, 1898, at 9 a'clock a. m.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Adopted January 6, 1898. 8

! : 'TIS

[ Senate Joint Resolution No. 10.]

JOINT RESOLUTION

Relative to adjournment.

Be it resolved by the General Assembly of the State of Ohio, That wliei>
the general assembly adjourns to-day it shall be until Monday, the 24tb
inst, at i o'clock p. m.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,
President of the Senate.
Adopted January 20, 1898. 9

[ Senate Joint Resolution No. 9.]

JOINT RESOLUTION

In reference to the distribution of Howe's historical collections.

Whereas, There are now eight hundred and fifty set of "Howe's
historical collections" now in the possession of the secretary of state for
distribution,

Resolved, That they be distributed proportionally to the members
of the general assembly for the use of the people of the state by the
secretary of state, as soon as possible.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES.
President of the Senate.
Adopted January 27, 1898. 10

[ House Joint Resolution No. 13.]

JOINT RESOLUTION

Relative to printing two thousand (2000) copies of house bill No. 38 for use oi

members.

Resolved by the General Assembly of the State of Ohio, That there
be printed for the use of the members thereof two thousand (2000) ad-
ditional copies of house bill No. 38.

HARRY C. MASON,
Speaker of the House of Representatives.

T. E. CROMLEY,
President pro tern, of the Senate.
Adopted January 24, 1898. 11

719 J

[ House Joint Resolution No. 9.]

JOINT RESOLUTION

Directing the clerk of the house to have printed two thousand copies of house

bill No. 107.

Be it resolved by the General Assembly of the State of Ohio, That the
clerk of the house of representatives is hereby directed to have printed
for the use of the members of the general assembly two thousand (2,000)
copies of house bill No. 107.

HARRY C. MASON,
Speaker of the House of Representatives.

T. E. CROMLEY.
President pro tern, of the Seriate.
Adopted January 25, 1898. 12

[ House Joint Resolution No. 11.]

JOINT RESOLUTION

Relative to having printed five hundred (500) additional copies of house bill No»
48 for use of members of the house and senate.

Resolved by the General Assembly of the State of Ohio, That there
be printed five hundred (500) additional copies of house bill No. 48 for
the use of the members of the house and senate.

HARRY C. MASON,
Speaker of the House of Representatives.

T. E. CROMLEY, '
President pro tern, of the Senate^
Adopted January 31, 1898. 13

[ House Joint Resolution No. 12.]

JOINT RESOLUTION

Concerning the printing of one thousand (1000) copies of house bill No. 66i

Resolved by the Seneral Assembly of the State of Ohio, That
there be printed for the use of the members thereof one thousand (1000)
additional copies of house bill No. 56.

HARRY C. MASON,
Speaker of the House of Representatives.

T. E. CROMLEY,
President pro tern, of the Senate^
Adopted January 31, 1898. 14

720

[House Joint Resolution No. 14.]

JOINT RESOLUTION

Relative to the printing of five thousand (5000) copies of the list of members
and officers and standing committees of the senate and house of represen-
tatives for the use of the senate and house.

Be it resolved by the Ge^teral Assembly of the State of Ohio, That
the clerk of the senate and the clerk of the house of representatives are
hereby directed to have printed and bound five thousand (5000) copies
of the list of members and officers and standing committees of the senate
and house of representatives, fifteen hundred (1500) for the use of the
senate and thirty-five hundred (8500) for the use of the house of rep-
resentatives.

HARRY C. MASON,
Speaker of the House of Representatives.
T. E. CROMLEY,
President pro tent, of the Senate.
Adopted January 31, 189S. 15

[ House Joint Resolution No. 15.]

JOINT RESOLUTION

Relative to having printed five hundred copies of house bill No. 8.

Resolved by the General Assembly of the State of Ohio, That
there be printed for the use of the members thereof, five hundred (500)
additional copies of house bill No. 8.

HARRY C. MASON,
Speaker of the House of Representatives.

T. E. CROMLEY,
President pro tern, of the Senate.
Adopted January 31, 1898. 16

[ House Joint Resolution No. 16.]

JOINT RESOLUTION

Relative to having printed one thousand (1000) copies of house bill No. 2 for

use of members.

Resolved by the General Assembly ^f the State of Ohio, That
there be printed one thousand (1000) additional copies of house bill No.
2 for the use of the members of the house and senate.

HARRY C. MASON,
Speaker of the House of Representatives.

T. E. CROMLEY,
President pro tern, of the Senate.
Adopted January 31, 1898. 17

721
[ Senate Joint Resolution No. 5.]

JOINT RESOLUTION

Providing for the publication of Howe's historical collections of Ohio.

Wu£R£AS, The state oi Ohio owns the copyright, electrotype plates,
engravings and all other apparatus and matter necessary and requisite
for the publication of Howe's historical collections of Ohio, centennial
edition, and by exhaustive research, study and investigation, much val-
uable information has been gathered and preserved thereby, of great
value to the people of Ohio, and the same should be disseminated in a
proper manner among the public schools, public libraries and citizens
thereof; therefore.

Be it resolved by the General Assembly of tfw State of Ohio, That
the commissioners of public printing be and are hereby directed and
authorized to contract for and on behalf of the state, for the printing
from said plates and engravings, etc., of (8,500) eight thousand five
hundred sets and binding thereof, in style and manner similar to that
furnished under house joint resolution No. 15, passed February 13, 1896
<92 O. L., 77^), in sets of two volumes each, at a cost not to exceed one
dollar and fifty cents per set; that said printing and delivery shall be
done under the direction of the commissioners of public printing.

Resolved, That when said history is printed and bound, as aforesaid,
the same shall be delivered to the secretary of state, and the following
disposition and distribution made thereof: To the state library for
exchange, fifty sets; to the archaeological and historical society of Ohio,
fifty sets for exchange; to each member of the seventy-third general
assembly, fifty sets; to each officer and clerk of the said general assembly,
and to each newspaper of general circulation published in the state, one
set; and the remainder to be sold by the secretary of state at $2.00 per
set, and the proceeds thereof paid into the state treasury to the credit
of the general revenue fund.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate,

Adopted February 2, 1898. 18

[ Senate Joint Resolution No. 15.]

JOINT RESOLUTION

In reference to additional copies of senate bill No. 8.

Be it resolved by the General Assembly of the State of Ohio, That
the clerk be directed to have printed (500) five hundred additional copies
of senate bill No. 8, for the use of the members.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Adopted February 2, 1898. 19

722

[ Senate Joint Resolution No. 21.]

JOINT RESOLUTION

In reference to adjournment.

Be it resolved by the General Assembly of the State of Ohio, That
when the general assembly adjourns on Thursday, February 3, it will
be to meet on Monday, February 7, at 4 o'clock p. m., 1898.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Adopted February 7, 1898. 20

[ House Joint Resolution No. 22.]

JOINT RESOLUTION

Relative to the printing of one thousand (1000) additional copies of house bill

No. 211.

Resolved by the General Assembly of the State of Ohio, That
there be printed one thousand (1000) additional copies of house bill No.
211, for the use of the members of the general assembly.

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Adopted February 9, 1898. 21

[ House Joint Resolution No. 25.]

JOINT RESOLUTION

Forbidding the manager or managers of any penal institution in the state of
Ohio to enter into, or renew any contract while the 73rd general assembly
is considering house bills Nos. 56 and 152 and senate bill No. 166, for a
period of time exceeding six months.

Resolved by the General Assembly of the State of 01m, That
for and during the period of time in which this the 73rd general assembly
IS considering house bills No. 56 and No. 152 and senate bill No. 166,
no contract shall be entered into or no contract renewed by the manager
or managers of any penal institution whatever within the state of Ohio
for a period of time exceeding six months from the adoption of this
resolution.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate
Adopted February 10, 1898. 22

723

I Senate Joint Resolution No. 11.]

JOINT RESOLUTION

Providing for the publication of 10,000 additional copies of the report of the

Ohio road commission.

Be it resolved by the General Assembly of the State of Ohio, That the
supervisor of public printing be and he is hereby directed and authorized
to contract for the printing of ten thousand additional copies of the
report of the Ohio road commission, the same to be in the form and
style as the original edition of twenty-four thousand copies heretofore
published.

HARRY C MASON,
Speaker of the House of Representatives.
THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Adopted February 23, 1898. 23

[ Senate Joint Resolution No. 17.]

JOINT RESOLUTION

In reference to establishing a national military park to commemorate the cam-
paign, siege and defense of Vicksburg.

Whereas, There is now pending in congress a bill (H. R. 4382, 55th
congress) to establish a national military park to commemorate the cam-
paign, siege and defense of Vicksburg; and.

Whereas, The operations that culminated almost simultaneously at
Gettysburg and Vicksburg in July, 1863, not only mark the turning
point in the war of the rebellion, but also constitute one of the greatest
epochs in the history of the country, and both should be equally com-
memorated in the most impressive and enduring manner possible; and.

Whereas, The establishment of a national military park at Vicks-
burg will be an appropriate monument to the great commander whose
genius planned the Vicksburg campaign and brilliantly carried it to a
successful issue; and,

Whereas, The state of Ohio has an especial interest in this pro-
posed national military park, for the reason that of her gallant soldiers,
twenty-five regiments of infantry, one regiment of cavalry, and ten bat-
teries of artillery participated in the operations it will commemorate;
therefore.

Resolved^ (if the senate concur) That the legislature of Ohio asks that
above named bill (H. R. 4382, 55th congress) be passed during this ses-
sion of congress, and requests the senators and members of the house
of representatives in congress from Ohio to labor earnestly for its pass-
age; and the governor is hereby directed to send a copy of this reso-
lution to the senators and members of the house of representatives from
Ohio; to his excellency, William McKinley, president of the United
States; to the Hon. Thomas B. Reed, speaker of the house of repre-
sentatives; to senator Joseph R. Hawley, chairman of the senate com-

724

mittee on military affairs; and to the Hon. A. T. Hull, chairman of the
house committee on military affairs.

HARRY C. MASON,
Speaker of the House of Representatms.
THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Adopted February 23, 1898. 24

[ House Joint Resolution No. 38.]

JOINT RESOLUTION

Relative to having printed one thousand (1,000) additional copies of house biH

No. 808.

Resolved by the General Assembly of the State of Ohio, That there
ht printed one thousand (1000) additional copies of house bill No. 308,
for the use of members of the general assembly.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,
President of the Senate.
Adopted February 24, 1898. 25

[ House Joint Resolution No. 29.]

JOINT RESOLUTION

Concerning the printing of five hundred (500) additional copies of house bill

No. 180.

• Resolved by the General Assembly of the State of Ohio, That there
be printed five hundred (500) additional copies of house bill No. 180,
for the use of members of the general assembly.

HARRY C. MASON,
Speaker of the House of RepresentaHws.
ASAHEL W. JONES,
President of the Senate.
Adopted February 24, 1898. 26

[ Senate Joint Resolution No. 27.]

JOINT RESOLUTION

In reference to adjournment on Friday next.

Whereas, Tuesday, February 22, 1898, is the 166th *anniversar>' of
the birth of the first president of the United States, and a legal holiday,
therefore be it

Resolved by the General Assembly of the State of Ohio, That vhcn
4idjoumment is had of said body on Friday, February 18, 1898, that it

725

be until Wednesday, February 23, 1S98> at 10 a. m,, in memory of the
immortal name and memory of the illustrious father of our coimtry,.
George Washington.

HARRY C MASON,
Speaker af the H(mse of RepresenkUives.

ASAHEL W. JONES,

President of the Senate,
Adopted February 28, 1898. 27

[ Senate Joint Resolution No. 12.]

JOINT RESOLUTION '

In reference to ending of present session.

Whereas, It is in accordance with the terms of the constitution and
the desire of the people of the state of Ohio, therefore

Resolved by the General Assembly of the State of Ohio, That the
present session thereof shall be ended by adjournment without day,

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Adopted February 28, 1898. 28

[ Senate Joint Resolution No. 28.]

JOINT RESOLUTION

In reference to battleship "Maine."

Resolved, That the general assembly of the state of Ohio deplores
the awful loss of life and property incident to the destruction of the noble
defender of the union, the battleship "Maine." Naval annals record no
more impressive example of the heroism of the gallant navy of the
United States than was exhibited in the brave, calm conduct of the sur-
vivors of that terrible incident in the moments of their greatest peril.
The mothers, the wives, the family survivors of these brave men have our
profoundest sympathy in their great bereavement, and we suggest the
half-masting of the flags on the state buildings in testimony of our sym-
pathy, and in token of our admiration for the heroic American sailors
so suddenly summoned to their last roll-call.

HARRY C. IVTASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Adopted February 28, 1898. 29

726

[ House Joint Resolution No. 23.]

JOINT RESOLUTION

Directing the clerk of the house to have printed one thousand (1000) copies
of house bill No. 189 for use of members.

Be it resolved by the General Assembly of the State of Ohio, That the
clerk of the house is ordered to have one thousand (10(K)) copies of house
bill No. 189 printed for the use of members.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Adopted February 11, 1898. 30

[ House Joint Resolution No. 21.]

JOINT. RESOLUTION

Authorizing the clerk of the house to have printed one thousand (1000) addi-
tional copies of house bill No. 202 for the use of members.

Be it resolved by the General Assembly of the State of Ohio, That the
clerk of the house be authorized and instructed to have printed one
thousand (1000) additional copies of house bill No. 202, by Mr. Bram-
ley, for the use of the members of the general assembly.

HARRY C. MASON,
Speaker of the House of Represmtatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate
Adopted February 27, 1898. 31

[ Senate Joint Resolution No. 31.]

JOINT RESOLUTION

In reference to adjournment on Thursday next.

Be it resolved by the General Assembly of the State of Ohio, That when
the said general assembly adjourns on Thursday, March 3, 1898, it be
until 4 p. m. on Monday, March 7, 1898.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatkcs.
ASAHEL W. JONES.
President of the Senate.
Adopted March 10, 1898. 32

727

[ Senate Joint Resolution No. 30.]

JOINT RESOLUTION

In reference to senate bills Nos. 241 and 254.

Be it resolved by the General Assembly of the State of Ohio, That there
be printed five hundred (500) additional copies each of senate bills Nos.
241 and 254 for the use of the general assembly.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate,
Adopted March 11, 1808. 33

[Senate Joint Resolution No. 29,]

JOINT RESOLUTION

In reference to additional copies of senate bill No. 8.

Resolved by the General Assembly of the State of Ohio, That five
hundred extra copies of senate bill No. 8 as amended, be printed for the
use of the members.

JOHN E. GRIFFITH,
Speaker pro tern, of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Adopted March 11, 1898. 34

[ House Joint Resolution No. 30.]

JOINT RES01.UTI0N

Relative to the admission of Arthur Huehn to the Dayton asylum for the insane.

Whereas, One Arthur Huehn, a foreigner, has become insane and
his insanity has assumed a form that renders it unsafe for him to be at
large; and,

Whereas, Under the statutes now in force the said Arthur Huehn
is not eligible to admission to any insane asylum of this state, for the
reason that he is not a legal resident thereof; and,

Whereas, He is confined in the county jail of Butler county, Ohio,
where proper care and attention suitable to his case cannot be given;
and.

Whereas, He should be confined in an asylum; therefore,

Be it resolved by the General Assembly of the State of Ohio, That the
superintendent of the Dayton asylum for the insane, in compliance with
section 700 of the Revised Statutes, be and is hereby authorized and
required to admit said Arthur Huehn to said asylum as an inmate of

; 728

the same. And the county sheriff of Butler county is authorized to
convey him to said asylum.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate,
Adopted March 15, 1898. 35

[ House Joint Resolution No. 32.]

JOINT RESOLUTION

Concerning the printing of 800 additional copies of house bill No. 338.

Resolved by the General Assembly of the State of Ohio, That there
be printed 800 additional copies of house bill No. 338, for the use ot
members.

HARRY C MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Adopted March 15, 1898. 36

[ Senate Joint Resolution No. 35.]

JOINT RESOLUTION

In reference to the state of Ohio, of her history and progress.

Whereas, The state of Ohio by virtue of her history and progress
in all that contributes to the good name and glory of a member of the
American union has earned the rank she now enjoys; and,

Whereas, In the hours of our country's peril Ohio's brave sons
and daughters have ever done their utmost to protect our flag and sus-
tain the strength of the government; and,

Whereas, It would seem proper that one of the battleships of the
United States navy should bear the name of Ohio; therefore,

Be it resolved by the General Assembly of the State of Ohio, That
the honorable secretary of tlie navy and other officials of the government
be and are hereby respectfully requested to consider the propriety of
giving to one of the new battleships the name of our beloved state; and.

Further be it resolved. That our senators and representatives in con-
gress be asked to give this request their support.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate
Adopted March 17, 1S08. 37

729

[ House Joiat Resolution No. d6.]

JOINT RESOLUTION

Relative to admitting, as an inmate, one Appleton A. Downer, a foreigner, tc^
the central hospital for the iasaoe, and directinir the sheriff of Licking county
to convey him to said asylum.

Whereas, One Appleton A. Downer, a foreigner, has become insane
and his insanity has assumed a form that renders it unsafe for him to
be at large, and is under the constant care of an attendant;

Whereas, Under the statutes now in force the said Appleton A.
Downer is not eligible to admission to any insane asylum of this state,^
for the reason that he is not a legal resident thereof; and,

Whereas, He should be confined in an asylum; therefore,

Be it resolved by the General Assembly of the State of Ohio, That
the superintendent of the central hospital for the insane, in compliance
with section 700 of the Revised Statutes, be and is hereby authorized
and required to admit said Appleton A. Downer to said asylum as an
inmate of the same, and the county sheriff of Licking county is authorized
to convey him to said asylum.

HARRY C. MASON,
Speaker of the House of Representatives^

THADDEUS E. CROMLEY,

President pro tent, of the Senate,
Adopted Mardi 21, 1896. 88

[ House Joint Resolution No. 34.]

JOINT RESOLUTION

Concerning the printing of one thousand additional copies of house bill No. 476*

Resolved by the General Assembly of the State of Ohio, That
the clerk of the house of representatives is hereby authorized and directed
to have printed one thousand additional copies of house bill No. 476^
for the use of members of the general assembly.

HARRY C. MASON,
Speaker of the House of Representatives,
THADDEUS E. CROMLEY,

President pro tnn. of the Senate.
Adopted March 21, 1898. 39

[ Senate Joint Resolution No. 26.]

JOINT RESOLUTION

Authorizing the trustees of the Ohio hospital for epileptics to buy furniture and
fittings for buildings, and construct certain roads.

Be it resolved by the General Assembly of the State of Ohio, That
the trustees of the Ohio hospital for epileptics be and they are hereby
authorized to use of the unexpended balance that may be in the state

730

treasury to the credit of the current expense fund of that institution on
February 15, 1898, the following sums for the purpose of buying furniture
and fittings for the two buildings now ready for occupancy at that insti-
tution, ten thousand dollars (|10,000); and for constructing the proper
roads and approaches thereto, two thousand five hundred dollars; for
the purchase of laundry machinery and fixtures, three thousand dollars.
And the auditor of state is hereby directed to transfer the above sums
to the furniture, road repair and laundry funds of said institution.

HARRY C. MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,
President pro tern, of the Senate.
Adopted March 22, 1898. 40

[ House Joint Resolution No. 40.]

JOINT RESOLUTION

Directing the printing of additional copies of house bill No. 567 and senate bill

No. 348.

Resolved by the General Assembly of the State of Ohio, That
there be printed one thousand (1000) copies each of house bill No. 567,
of senate bill No. 348 for the use of the general assembly of Ohio, and
that copies of said bills be placed in the bill books.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Adopted March 26, 1898. 41

[ Senate Joint Resolution No. 84.]

JOINT RESOLUTION

In reference to the use of the senate chamber and hall of the house of repre-
sentatives by the sons of veterans.

Resolved by the General Assembly of the State of Ohio, That
the senate chamber and hall of the house of representatives be and is
hereby granted to the sons of veterans and the ladies' aid society in
which to hold their annual meeting for the year 1898, at such time as
may be fixed for such meetings, subsequent to the adjournment of the
general assembly.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W.. JONES,

President of the Senate.
Adopted March 29, 1898. 42

731

[ Senate Joint Resolution No. 32.]
JOINT RESOLUTION

Relating to the appointment of a commission to the Trans-Mississippi and inter-
national exposition.

Whereas, The Trans-Mississippi commercial congress, composed
of delegates from every state and territory west of the Mississippi river,
by unanimous vote designed Omaha, Nebraska, as the exposition city,
of the Trans-Mississippi and international exposition, and fixed June 1,
1898, for the inauguration of the same; and,

Whereas, An invitation has been extended to the state of Ohio to
join with other states in equipping a special state or union building; and.

Whereas, To make such arrangements as will be necessary to pro-
vide for the proper representation of Ohio at said exposition; therefore.

Section 1. Be it resolved by the General Assembly of the State of Ohio,
That we accept said invitation and that the governor of the state shall
forthwith appoint four persons as commissioners, two from each of the
leading political parties, to the said Trans-Mississippi and international
exposition. It shall be the duty of such commission to encourage and
promote commercial, industrial, educational and artistic exhibits by the
citizens of Ohio at said exposition, and to solicit contributions for the
preparation and maintenance of room for the exhibition of said exhibits
in the building devised for said purposes by the exposition authorities,
and also for the securing of suitable rooms for official headquarters of
the state and for the comfort and convenience of its citizens. The com-
missioners shall after their appointment meet and organize and com-
municate with the officials of the said exposition, and arrange for the
erection and maintenance of said room. Said commission shall serve
without pay. The commission shall make a report from time to time
to the governor of its proceedings. The total expenditures to be incurred
by said commissioners shall not exceed three thousand dollars, and said
commission shall keep a correct account of all receipts and disbursements,
and in their final report file with the governor a detailed statement of
all expenses incurred in pursuance of this commission.

HARRY C MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Adopted March 29, 1898. 43

[ House Joint Resolution No. 37.]

JOINT RESOLUTION

Relative to the Ohio centennial.

Whereas, The general assembly of the state of Ohio, about two
years ago, to wit, on Wednesday, February 19, 1896, adopted the fol-
lowing senate joint resolution:

732

"Whereas, Tliere is a wide-spread feeling on the part of the people
of this state, favorable to the proper observance of the one hundredth
anniversary of the admission of Ohio to the union; and.

Whereas, The century just passing covers a period wherein the
population of Ohio has increased from 45,365 in 1800, to 3,672,316 in
1900, and the wealth of the state, as shown by its assessed taxable prop-
erty has multiplied from a comparatively small amount in 1800 to
1,742J600,000 dollars in 1895, and in these and many other ways exhibits
the marvelous growth, devdlopment and civilization of the common-
wealth.

Resolved by the Getieral Assembly of the State of Ohio, That
there be appointed by the governor, as soon as practicable, a commission
of seven suitable persons, residents of this state, whose duty it shall be
to formulate plans, and devise ways and means for the due observance
of the centennial of Ohio in the year 1903, and report the same to the
next general assembly in writing.

Rcsolvedy That said commission shall act without compensation, other
than the actual expenses made necessary by the execution of its duties
and object."

Whereas, The report of said commission has not been made to
this general assembly; and,

Whereas, The time has arrived when said report should be before
the general assembly in order to be intelligently disposed of; therefore
be it

Resolved by the Getieral Assembly of the State of Ohio, That
the governor be requested to inform said commission that its report
will be expected within one week from the adoption of this resolution.

HARRY C. MASON,
Speaker of the House of Representaiives,
ASAHEL W. JONES,

President of the Senaie,

Adopted March aO, 1898. 44

[ Senate Joint Resolution No. 39.]

JOINT RESOLUTION

In reference to building and loan associations.

Whereas, No provision has been made by law for printing the
annual report of the bureau of building and loan associations; and,

Whereas, The annual report of the bureau of building and loan
associations, for the fiscal year ending December 31, 1897, is now ready to
be printed; therefore.

Be it resolved by the General Assembly of the State of Ohio, That
the supervisor of public printing be and he is hereby directed and author-
ized to contract with the contractors for state printing, for and on behalf
of the state, for the printing of one thousand copies of advance sheets
and binding thereof in brochure covers, and one thousand copies of full
report and binding thereof in style and manner similar to that provided
for other reports in section 54 of the Revised Statutes; that said printing

733

and binding shall be done under the direction of the supervisor of public
printing.

Resolved, That when said advance sheets are printed and bound, as
aforesaid, the same shall be delivered to the inspector of building and
loan associations, and the following disposition and distribution made
thereof: One copy to each df the building and loan associations of
the state and to each member of the 73rd general assembly, and the
remainder to be distributed at the discretion of the inspector of building
and loan associations.

Resolved, That when said reports are printed and bound, as aforesaid,
the same shall be delivered to the inspector of building and loan associa-
tions, and the following disposition and distribution made thereof: One
copy to each of the building and loan associations of the state, and the
remainder to be distributed at the discretion of the inspector of building
and loan associations.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of the Senate.
Adopted March 30, 1898. 45

[ House Joint Resolution No. 42.]

JOINT RESOLUTION

Memorializing the congress of the United States to enact laws to prevent the
use of the flag, by private enterprise for advertising purposes.

Whereas, It is a fact notoriously patent to every patriotic observer,
that the flag- of the union is employed as a means of attracting attention
to private enterprises by using it in connection with advertisements of
various articles of merchandise, and for other purposes inconsistent with
the spirit which prompted the adoption of our national emblem; and,
believing that such base uses have a tendency to destroy the respect
and veneration in which the stars and stripes should be held by all loyal
citizens; therefore.

Be it resolved by the General Assembly of the State of Ohio, That
the congress of the United States be and hereby is memorialized to enact
such laws as will effectually prevent the use of the flag for advertising
private enterprises, or to further the selfish interests of any class of citi-
zens as against the interests of the whole people; and,

Be it further resolved, That the governor is hereby requested to
forward to both branches of congress certified copies of this resolution,

HARRY C MASON,
Speaker of the House of Representatives.

THADDEUS E. CROMLEY,

President pro tern, of the Senate.
Adopted April 8, 1898. 46

734

[ Senate Joint Resolution No. 43.]

JOINT RESOLUTION

In reference to adjournment of the legislature.

Be it resolved, That when the legislature adjourns this week it be
until Tuesday, April 5, 1898, at 10 a. m.

HARRY C. MASON,
Speaker of the House of Representatives,
ASAHEL W. JONES,

President of the Senate.
Adopted March 31, 1898. 47

[ Senate Joint Resolution No. 44.]
JOINT RESOLUTION

Endorsing Senator J. B. Foraker's resolutions recognizing the independence of

Cuba.

Whereas, Ohio's distinguished senator, Joseph Benson Forakcr,
has introduced into the senate of the United States resolutions recognizing
the independence of the republic of Cuba and authorizing and dvecting
the president of the United States to use, if necessary, the entire land and
naval forces of the United States to carry these resolutions into eflfect;
and,

Whereas, The people of Ohio, without regard to party or faction,
believe that the hour for intervention and the independence of Cuba is
at hand; therefore.

Be it resolved by the General Assembly of the State of Ohio, That
we most heartily endorse the action Of Senator Foraker and urge him
to do promptly everything in his power to secure the adoption of the
aforesaid resolutions, to the end that barbarous warfare shall cease in
the island, and Cuba shall be free.

Be it further resolved, That the governor of the state of Ohio be
requested to transmit to Hon. Joseph B, Foraker a certified copy of
these resolutions.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Adopted April 1, 1898. 48

[ House Joint Resolution No. 5.]

JOINT RESOLUTION

Relative to electing United States senators by direct vote of the qualified electors
of each state of the union.

Resolved by the General Assembly of the State of Ohio, That
the senate and house of representatives of America be memorialized as

735

follows: The general assembly of the state of Ohio, respectfully request
the congress of the United States to submit a constitutional amendment,
providing for the election of United States senators by direct vote of the
qualified electors of each state of the union.

The general assembly is of opinion, that such an amendment to the
national constitution will result in great good to the people. By such an
amendment, every voter irrespective of the county of his residence shall '
have an opportunity to express his wishes and his choice. It will pre-
vent the concentration of wealth, to overthrow the will of the people; it
will prevent placing the great power of the many in the hands of the
few; it will prevent protracted contests which are always at the expense
of the people; it will prevent improper influences and corruption in
the selection of the members of the national senate.

The general assembly maintains the doctrine that all political power
in the United States is vested in the people, and that they should have
the right to cast their votes direct for all legislative officers.

Resolved, That the governor is hereby respectfully requested to for-
ward a duly authenticated copy of this memorial under the great seal of
this state in order that the same may be brought before the congress
of the United States.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Adopted April 13, 1898. 49

[ House Joint Resolution No. 46.]
JOINT RESOLUTION

Relative to the returning of house bill No. 402, from the secretary of state'a
office to the general assembly.

Whereas, Clerical errors have occurred which might invalidate
house bill No. 402, by Mr. Snyder, which bill has been passed and signed
and is now in the hands of the secretary of state; therefore,

Be it resolved by the General Assembly of the State of Ohio, That
house bill No. 402, by Mr. Snyder, "authorizing the city of Massillon to
levy a tax for the maintenance of free public libraries," be returned
by the secretary of state to the general assembly for correction.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Adopted April 19, 1898. 50

736

[ House Joint Resolution No. 48.1

JOINT RESOLUTION

To provide for a grand exposition for the purpose of fittingly celebrating the
one hundredth anni^^ersary of the admittance of Ohio into the tmion as
one of the United States.

Whereas, The general assembly of the state of Ohio about two
years ago, to wit, oa Wednesday, February 19, 1896, adopted the fol-
lowing senate joint resolution:

"Whereas, There is a wide-sfwcad feeling on the part of the people
of this state, favorable to the proper observance of the one hundredth
anniversary of the admission of Ohio into the union; and,

Whereas, The century just passing covers a period wherein the
population of Ohio has increased from 45,365 in 1800, to 3,672,31^ in
1890, and the wealth of the state, as shown by its assessed taxable prop-
erty has multiplied from a comparatively small amount in 1800, to
1,742,500,000 dollars in 1895, and in these and many other ways exhibits
the marvelous growth, development and civilization of the common-
wealth; therefore,

Be U resolved by the General Assembly of the State of Ohio, That there
be appointed by the governor, as soon as practicable, a commission of
seven suitable persons, residents of this state, whose duty it shall be to
formulate plans, and devise ways and means for the due observance of
the centennial of Ohio in the year 1903, and report the same to the next
general assembly, in writing.

Resolved, That said commission shall act without compensation, other
than the actual expenses made necessary by the execution of its duties
and object;" arid,

Whereas, Tlie provisions of said resolution, according to the spirit
and the letter having been duly complied with, and said commission
regularly appointed by the governor having fully and honorably dis-
charged its duties, and submitted its report which has been made a
part of the records of the 73rd general assembly, and

Whereas,. There is an almost universal feeling among the citizen-
ship of this state that the one hundredth anniversary of the admittance
of Ohio into the union should be observed by holding a grand exposition
at which the onward march of our industrial and paternal institutions
can be demonstrated with some degree of fullness, and in which exposi-
tion the other states and nations may be invited to participate, and

Whereas, The time has now arrived when it should be decided
whether or not the one hundredth anniversary of the admittance of Ohio
to the union as one of the United States shall be publicly observed e^'ther
by holding an exposition or otherwise ; therefore be it

Resolved by the General Assembly of the State of Ohio, That the
one hundredth anniversary of the admittance of Ohio into the union as
one of the United States, be observed by holding a grand exposition
which shall be an institution of the state of Ohio, beginning on the
fifteenth day of June and ending on the fifteenth day of October, A. D.
1903, at a place to be decided upon in joint session of this general
assembly, and that invitations through the public press and otherwise

737

be extended to the other states and territories of this nation, to the
nations of the world, and to the citizens thereof, to participate in said
exposition; and be it further

Resolved^ That this general assembly meet in joint session in the
hall of the house of representatives, on Wednesday, April 20, 1898, at
730 p. m,, and then and there determine at what place said exposition
referred to in this resolution shall be held.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Adopted April 21, 1898. 61

[ House Joint Resolution No. 31.]

JOINT RESOLUTION

Relative to the adjournment of the 73rd general assembly on April twenty-sixth

(26), 1898.

Be it resolved by the General Assembly of the State of Ohio, That
the seventy-third general assembly of Ohio adjourn sine die on Tues-
day the twenty-sixth day of April, 1898, at 12 o'clock meridian.

HARRY C MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Adopted April 21, 1898. 52

[ House Joint Resolution No. 50.]
JOINT RESOLUTION

Relative to the return of house biU No. 506, by the secretary of state to the house

of representatives^

Be it resolved by the General Assembly of the State of Ohio, That
the secretary of state be requested to return to the house of representa-
tives the enrolled copy of house bill No. 506.

HARRY C. MASON,
Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
Adopted April 21, 1898. 53

[ House Joint Resolution No. 51.]

JOINT RESOLUTION

Authorizing the acceptance of a regiment of reserve militia.

Whereas, The first regiment sons of veterans guard of Ohio has
been armed, equipped and maintained as an infantry regiment smce
47

738

1891 at its own expense, and has provided for its own annual encamp-
ments, and its services have always been at the disposal oi the state in
case of need; therefore,

Be it resolved by the General Assembly of the State of Ohio, That
the governor and adjutant-general of the state, be and they hereby arc
authorized and directed to recognize and accept the organization known
as the first regiment sons of veterans guard, as a reserve militia infantry
of Ohio. The same to constitute an organization of volunteers subject
to call by the governor in case of war or invasion, and as otherwise pro-
vided in section 308G of the Revised Statutes of Ohio. That the terms
of enlistment shall be the same as that provided for the Ohio natiooal
guard.

That the governor and adjutant-general may prescribe such lawful
rules and regulations for tiie government of such organization as they
or either of them may deem necessary. And while in actual service it
shall be subject to the same discipline and penalties, and be entitled to
the same equipments, benefits, privileges, and immunities as the Ohio
national guard.

That the provisions of sections 3086, 3087 and 3088 of the Revised
Statutes of Ohio, not inconsistent herewith, shalPbe applicable to said
organization; provided, however, that the adjutant-general may at any
time grant to said organization such assistance and privileges as he may
deem fit and proper. jqhn E. GRIFFITH,

Speaker pro tern, of the House of Representatives.
ASAHEL W. JONES.
President of the Senate.

Adopted April 21, 1898. 54

[ Senate Joint Resolution No. 46.]

JOINT RESOLUTION

Changing the phraseology of line 245 in house bill No. 667, seventy-third general
assembly, regular session.

Resolved by the General Assembly of the State of Ohio, That
line 245 of house bill No. 667, by Mr. Jones, be amended to read as
Mlows: Ordinary repairs and improvements, including carpets, fur-
niture and bedding. HARRY C. MASON,

Speaker of the House of Representatives,
ASAHEL W. JONES,
President of the Senate.
Adopted April 26, 1898. 55

[ Senate Joint Resolution No. 48.]

JOINT RESOLUTION

Concerning the printing of manual of legislative practice.

Be it resolved by the General Assembly of the State of Ohio, That
the clerks of tiie senate and house of representatives are hereby directed

739

to have printed upon number one book paper, of suitable weight, and
bound, twenty-five hundred copies of the "manual of legislative practice"
of the general assembly of Ohio for the years 1898 and 1899; six hun-
dred copies for tlie use of the senate, and nineteen hundred copies for
the use of the house of representatives; provided the biographies of the
members shall be published at the end of the volume. Said printing and
binding to be paid for out of the appropriation for state printing.

HARRY C. MASON,
Speaker of the House of Representatives,

ASAHEL W. JONES,

President of tlie Senate.
Adopted April 26, 1898. 56

[ House Joint Resolution No, 52.]

JOINT RESOLUTION

Authorizing the board of trustees of the Ohio state university to grant permission
to a street-railway company to extend or construct Its tracks upon or across
the grounds of said university.

Be it resolved by the General Assembly of the State of Ohio, That
the board of trustees of the Ohio state university be, and they are hereby
authorized to grant permission to the Columbus street-railway company
to extend and construct its tracks, upon or across the grounds of said
university at such place or places as said board may designate, and under
such restrictions and limitations as said board may prescribe. Pro-
vided, that said grant shall not be for a period longer than twenty-five
years.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.
Adopted April 25, 189G. , 57

[ Senate Joint Resolution Na 60.]

JOINT RESOLUTION

Relative to adjournment sine die.

Resolved, That a committee of three on the part of the senate, and
a committee of three on the part of the house, be appointed to notify the
governor that the seventy-third general assembly is now ready to ad-
journ sine die. The president has appointed on the part of the senate
the following senators, Cromley, Williams, Riley.

HARRY C. MASON,
Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate,
Adopted April 26, 1898. 58

740

State of Ohio,
Office of the Secretary of State.

I, Charles Kinney, Secretary of State of the State of Ohio, do
hereby certify that the foregoing acts and joint resolutions were printed
under and by the authority of the general assembly of said State, and
that the same are true copies, copied from the original rolls on file in
this office of the acts passed and the joint resolutions adopted by the
seventy-third general assembly of the State of Ohio, at its regular ses-
sion, begun January 3, 1898, and ended April 26, 1898, and held in the
city of Columbus.

In Testimony Whereof, I have hereunto subscribed my name,
and affixed my official seal, at Columbus, the 17th day of June, A. D.
1898.

' Charles Kinney,

[ SEAL .] Secretary of State.

741

TIMES FOR HOLDING THE CIRCUIT COURTS AND COURTS OF COMMON
PLEAS IN OHIO IN 1898.

Counties.

County Seats.

• Circuit Courts, tj

4-»

• IH

Common Pleas Courts.

Adams ... .

Allen

Ashland . . .
.Ashtabula . .

Athens

Auglaize . . .
Belmont . . .

Brown

Butler

Carroll

Champaign .

Clark

Clermont. . .
Clinton . . .
Columbiana
Coshocton . .
Crawford . .
Cuvahoga .
DaVke

Defiance . . .
Delaware

Erie

Fairfield .
Fayette .
Franklin .
Fulton . .
Gallia ...
Geauga . .
Greene . .
Guernsey
Hamilton
Hancock
Hardin .
Harrison
Henry . .
Highland
Hocking
Holmes .
Huron . .
Jackson .
Jefferson
Knox .
Uke .
Lawrence
Licking .
Lo.L^an . .
Lorain . .
Lucas . .
Madison
Mahoning .
Marion
Medina
Meigs .
Mercer
Miami .
Monroe

West Union

Lima

Ashland

Jefferson

Athens

Wapakoneta ....
St. Clairsville...

Georgetown

Hamilton

Carrollton

Urbana

Springfield

Batavia

Wilmington

Lisbon

Coshocton

Bucyrus

Cleveland

Greenville

Defiance

Delaware

Sandusky

Lancaster

Washington C. H
Columbus ....

Wauseon

Gallipolis

Chardon

Xenia

Cambridge

Cincinnati

Findlay

Kenton

Cadiz

Napoleon

Hillsboro

Logan

Millersburg

Norwalk

Jackson

Steubenville

Mt. Vernon

Painesville

Ironton

Newark '..

Belle fontaine . . .

Elyria

Toledo

London

Youngs town . . .

Marion

Medina

Pomeroy

Celina

Trov

Woodsfield

March 30, Nov. 3
April 6, Nov. 16
May 10, Nov. 9
March 15, Oct. 4
Jan. 18. Sept. 27
April 20, Nov. 23
June 14. Dec. 12
April 6, Nov. 10
April 11, Oct 10
Feb. 1, Sept. 22
May 2, Oct 19
May 31, Nov. 28
April 5, Oct. 4
May 2, Oct 31
Feb. 8, Sept 26
May 17, Nov. 15
Jan. 19, Sept. 28
Jan. 10, Oct 24
Mav 9, Oct 31
March 9, Oct 26
June 14, Dec. 13
April 18, Nov. 21
Jan. 4, Sept 6
May 16, Nov. 21
Jan. 3, Sept 26
May 13, Dec. 8
Feb. 22. Oct. 13
March 8, Oct 13
April 13, Nov. 16
June 7, Dec. 7
Jan. 4, Nov. 7
May 25, Dec. 14
Feb. 23, Oct. 7
May 17, Nov. 22
March 2, Oct 19
April 13, Nov. 16
Feb. 1, Oct. 3
May 24, Nov. 1
April 5, Nov. 9
May 24, Dec. 13
May 24, Nov. 25
March 8, Oct 4
Feb. 22. Oct 17
March I.Oct 18
March 22, Oct U
Feb. 9, Oct 12
April 25, Oct 10
Jan. 3, Sept 19
April 11, Nov. 14
April 19, Oct 25
Jan, 12. Sept 22
May 2. Oct 17
Feb. 15, Oct 11
April 27. Nov. 30
April! 8, Oct. 24
Mav 31, Dec. 1

Jan. 4, April 5, Sept. 20.
Feb. 7, May 9, Oct 24.
March 1, Sept 6, Dec. 6*
Jan. 10, March 7, Oct. 24-
Feb. 7, May 3, Oct 24.
Jan. 3, April 18, Sept 12-
Jan. 11, April 12, Oct 4-
Jan. 11, April 26, Sept 6.
Jan. 10, May 9, Sept 26.
Feb. 14, May 9, Nov. 14.
Jan. 10, May 9, Oct 10.
Jan. 10, May 9, Oct 10.
Jan. 18. April 19, Oct 18.
Jan. 10, May 9, Oct 17.
Feb. 21, May 2, Sept 12.
Jan.lO, April 1 1, Septl2.
Jan. 3, April 4, Sept 12.
Jan.lO,Ap.5.Jul.5,Sep.l9
Jan. 10, May 3, Oct 10.
March 1, June 6, Nov.21.
Jan. 3, April 5, Sept 19.
Jan. 3, April 5, Sept 19.
Jan. 17, April 1 1, Oct 17.
Jan.l8, April ll,Septl9.
Jan. 3, April 1 1, Sept 19.
Jan. 31, May 2, Oct 3.
Feb. 14, May 2, Oct 4.
Jai;. 10, March 7, Oct 24.
Jan. 10, May 2, Oct 10.
Feb. 1, May 2, Oct 10.
Jan.3,Apr.4,July4,Oct3.
Jan. 3, April 4, Sept 12.
Feb. 28, May 23, Oct 24.
Mar. 7, May 16, Nov. 14.
Jan. 3, April 5, Sept. 5.
Jan.lO, April 1 1, SQpt.26.
Jan. 3, April 6, Sept 12.
Feb. 7, June 6, Oct 10.
Jan. 31, April 25, Oct. 17.
Feb. 15, Mav 17, Nov. L
Jan.lO, April 1 1 , Sept 13.
Feb. 7, May 2, Nov. 14.
Jan.24,Mar.21,Nov.21.
Feb. 7, April 26, Oct 25.
Jan. 3, April 11, Sept 19.
Feb. 21, May 9, Oct 24.
Feb. 14, May 9, Oct. 24.
Jan. 3, April 5, Sept 19.
Feb. 21, May 23, Oct 24.
Jan. 10, May 2. Sept 19.
Feb.l4,Mayl6,Sept.l2
Jan. 17, Apr. 11, Sept 26.
Jan. 3, April 4, Sept. 26.
Mar. 14, June 13, Nov.2L
Jan. 17, May 16, Nov. 7.
Jan. 4, April 5, Sept. 13.

.742

TIMES FOR HOLDING THE CIRCUIT COURTS AND COURTS OF COMMON
PLEAS IN OHIO IN 1898.— Concluded.

Counties.

County Seats.

Circuit Courts. t>

•p

1 .

Common Pleas Courts.

Montgom'ry

Morgan

Morrow . . .
Muskingum

Noble

Ottawa ....
Paulding . . .

Perry

Pickaway . .

Pike

Portage

Preble

Putnam

Richland . .

Ross

Sandusky . .

Scioto

Seneca

Shelby

Stark

Summit . . .
Trumbull ..
Tuscarawas .

Union

Van Wert . .

Vinton

Warren . . .
Washington

Wa\Tie

Williams . . .

Wood

Wvandot . . .

Dayton

McConnelsville . .

Mt. Gilead

Zanesville

Caldwell

Port Clinton

Paulding

New Lexington . .

Circleville

Waverly

Ravenna

Eaton

Ottawa

Mansfield

Chillicothe

Fremont

Portsmouth

Tiffin

Sidney

Canton

Akron

Warren

New Philadelphia

Marysville

Van Wert

McArthur

Lebanon

Marietta

Wooster

Bryan

Bowling Green . .
Upper Sandusky.

June 8, Dec. 6
April 26, Nov. 22
June 7, Dec. 6
April 19. Oct 18
June 3, Dec. 6
May 31, Dec. 21
March 16, Oct 21
May 3, Oct 25
April 20, Nov. 22
May 17, Dec. 6
March29,Nov.lO
May 5, Nov. 10
March 30, Nov. 9
Jan. 11, Sept 13
May 3, Nov. 29
May 16, Dec. 12
March 15, Oct 26
May 4, D^c. 7
April 28, Oct 17
Feb. 15, Sept 27
April 11, Sept 26
April 5, Nov. 14
May 31, Nov. 29
Feb. 2, Oct 5
March 23, Nov. 3
Feb. 9, Oct 6
April 25, Oct 24
Jan. 11, Sept 21
Feb. 1, Sept 20
May 9, Dec. 5
March?, Oct 24
Jan. 5, Sept 14

Jan. 3, May 2, Oct 3.
Jan. 10. May 2, Oct 3.
Jan. 24, April 25, Oct. 3.
Jan. 3, April 11. Oct 3.
Jan. 4, April 6, Sept 20.
Jan. 3, Majr 16, Nov. 21.
Jan. 3, April 4, Sept. 11
Feb. 7, May 9, Nov. 7.
Jan.lO, April 18.Septl9.
Jan,lO. April 1 1 ,Sept.26.
Jan. 3. April 4, Sept 5.
Jan. 10, May 9, Oct 10.
Feb. 21. May 23, Nov. 21.
April 11, Septo, Nov.28.
Jan. 17. April 18, Oct 17.
Jan. 17, April 18, Oct 3.
Jan.3, March 28,Septl2.
Feb. 14, May 16. Oct 24.
Jan. 3, April 5, Sept. 26.
Jan. 10. May 2. Sept 19.
Jan. 10, April 25, Oct 10.
Jan. 31, May 9, Oct 3.
Jan. 10, April 11, Oct 3.
Jan. 3, April 4, Sept 6.
Feb. 7, May 16, Oct 17.
Feb. 14, May 27, Oct 17.
Jan. 3, May 3, Oct 3.
Jan. 4, April 5, Sept 13.
Feb. 14, May 16, Oct 3.
Feb. 1, May 2, Oct 10.
Jan. 3, April 4, Sept 12.
Jan. 3, April 4, Sept 12.

The State of Ohio,
Office of the Secretary of State.

I, Chari,es Kinney, Secretary of State of the State of Ohio, do hereby certify
that the foregoing is a correct statement of the times for holding the Circuit Courts
and Courts of Common Pleas in the several counties of the State of Ohio, in the
year 1898, taken from the official list returned by the judges of said courts to this
office.

Witness my hand and official Seal, this 15th day of June, A. D. 1898.

CHARLES KINNEY,
[ seal.] Secretary of Slate,

INDEX TO GENERAL LAWS.

ABANDONMENT— 'ao«

Parent, of, destitute, aged or infirm; penalty 114

ABATEMENT— (See Intoxicating Liquors.)
ACTIONS-

Appearance of parties 929

Attorney-general to appear for state 128

Bondholders, right of, against county commissioners 178

Commercial fertilizer, selling, unlawfully; where s«it may be brought. 112

Corporations, against, where to be brought 125

Dog, killing, injuring, carrying or enticing away, against person 128

Limitation of, by creditors against executors and administrators 91, 92» 98

Mob, recovery against 182

Property, how, discharge from attachment 141

Summons, style of .^ 328

Trust, persons or corporations parties to; where to be brought 144, 146

ACCIDENT—

Death from, report of 48

ADJUTANT-GENERAL—

Appropriations 16, 242, 882

Gettysburg battlefield, certain monument on, repairing of; money to

be expended under direction of 419

ADMINISTRATION OF ESTATES—

Administrators de bonis non, action against limitation of 02, 98

Assets received after two years; liability; (imitation of action against

administrator 92

Qaims not due in two years may be presented to the court for allow-
ance and satisfaction 92

Executor who is residuary legatee may give different bond 298

Inventory, not required to return, unless directed by court 294

Inventory of executors, administrators and administrators de bonis

non ! 294

Legatee demanding payment may be required to give bond 98

Sale of realty to pay debts —

Equities and priorities, determination of; distribution; order for

release of lien 287

ADULTERATION— •

Cheese, branding of; penalty for selling or offering imitation when

cheese is called for 89, 90

Crockeryware, of materials used in manufacture of; penalty 318

Vinegar; brands on casks '. 185, 186

ADVERTISEMENT—

Notice of sale of lands under order of court, contents of 258

AGENT—

Bond investment company, of, must procure license; acting for com-
pany failing or refusing to comply with law; penalty 402, 408

AGRICULTURAL FAIRS—

Levy for encouragement of 292

AGRICULTURAL EXPERIMENT STATION— (See Ohio Agricul-
tural Experiment Station.)
AGRICULTURAL SOCIETIES—
County —

Debt, issue of bonds to pay; submission of question; levy to

pay bonds 358,859

Delegate from, to annual meeting of state board 8

Insurafice on buildings 40

Money raised for use of 818

Real estate, of, vests in county, when 880

(743)

744

AGRICULTURAL STATISTICS— ^a«

Return of U

AGRICULTURE^

Commercial fertilizer, exposing for sale or unlawfully selling; penalty. 95,111

AIRBRAKES-

Sqnipment of cars with 286

ALLK^S-CSee Public Ways; Streets.)

ANIMALS— (Sec Birds, Fish and Game.)

Cruelty to; penalty; dehorning of cattle 15

Dead, unlawful deposit of , 298

Running at large; penalty; fees for taking up 129

ANNUAL BOARD OF EQUALIZATION— (See Boards of Equaliza- ,
tion.)

APPEARANCE^

When parties to suit must appear 329

APPRENTICES— .

(Thildren may be bound out to orphans' asylums or homes, etc 370

APPROPRIATIONS— •

AdjuUnt-general 16, 2^, 382

Agricultural experiment station 17, 243, 979, 383

Archsological and historical society 18, 243, 384

Athens state hospital 22, 40, 249,390

Attorney-general 17, 243, 379, 383

Auditor of state 17, 243, 383

Banker, David 32

Banks, Charles W 406

Beall. D. L 188

Blankncr, Frederick 246

Blankner, George C 188

Board of agriculture 13, 18, 243, 879, 384

Board of appraisers and assessors 18, 243, 384

Board of arbitration \ 18, 243, 379,384

Board of health ^ 18, 24i384

Board of medical registration and examination 252

Board of pardons , 18, 244,384

Board of public works 18, 32, 244, 379,384

Board of state charities 18, 244,384

Boys' industrial school 22, 250, 381,391

Brinsmade, T. C 188

Brown, Frank 1 188

Brown, Sallie T : 381

Brush, Mrs. J. P 252,393

Bryant, Charles H., widow of 313

Bureau of building and loan associations 21, 247, 380, 389

Canal commission 18, 244, 379, 885

Centennial commission 370, 381

Chapman, A. B 258

(3iurchman, George 406

dark, John J 116,381

dark, William T 381

Clerk of supreme court 21, 248,389

Oeveland state hospital 22, 63, 249,390

Coit, Alonzo B., to pay expenses incurred in trial of 381

Columbus state hospital.. 22, 249, 880,390

Commissioner of common schools 19, 245, 385

(Commissioner of labor statistics 19, 244, 385

Commissioner of railroads and telegrraphs 19. 245, 386

Commissioners of public printing 20, 385

Commissioners of sinking fund 98

Commission for interchange of products between public institutions.. 381
Commission for promotion of uniformity of legislation in the United

States 295

Commission to mark position of Ohio troops at battle of Shiloh 418

Common schools , 51

Dairy and food commissioner « 18, 244, 379,.d85

Daugherty, H. M 188

Dayton state hospital 22, 249, 380,391

,745

APPROPRIATIONS — Continued. page

Deaf mutes in Cincinnati, support of 252

Deaf mutes in Cleveland, support of 252

Deficiency , 378-382

Dewolf, Ephraim 11

Dodge, Martin 381

Pauley, A. G 381

Figgins, Edward 294

First regiment, Ohio national guard 336

Fish and game commission 18, 244, 380, 885

Fitch, Edward H., estate of 381

Flood-gate at Lockbourne 188

Fulkerson, Charles 258

General assembly 4, 32, 81, 246, 380,387

General for 1898 and 1899 242-252

General for 1899 and 1900 382-393

Gettysburg battlefield, certain monument on 419

Girls' industrial home 23, 250,392

Governor 19, 97, 245,386

Inaugural expenses 5, 381

Harrison, Richard A. 252

Harter and Cosley • 381

Holmes, W. L 258

Hospital for epileptics 23, 251, 381,393

Howe's historical collections of Ohio, publication of ' 400

Hunt, Thomas B., widow and minor children of 311

Inspector of mines 19, 245, 386

Inspector of workshops and factories- 19, 245, 380, 387

Institution for feeble-minded youth 23, 251, 392

Custodial department of 209

Institution for the blind 23. 251, 392

Institution for the education of the deaf 23, 250, 381,892

Joiner, Robert 406

udiciary 20, 246,387

King, Wilber E 188

Kirkcrsville feeder 73

Land department 243, 384

Law library 20, 246,387

Legislative canal commission 32 .

Live stock commission 246, 385

Longview state hospital 22, 249, 391

Mason, Samuel Smith 258

Massillon state hospital 23, 118, 250, 391

McCracken, H. F 188

McDougall, Thomas 393

McFarland, Charles, family of 257

Miami university 27

Military organizations and officers, certain 135

Moore, Opha • 188

Municipal code commission 302

National guard 17, 97, 242, 378,382

Ohio state reformatory 22, 248, 380, 390

Ohio statesmen and hundred year book, manuscript of, purchase of . . 30

Ohio state university 28

Ohio university 27

Partial for 1898 and 1899 16-24

Patterson, T. M 188

Penitentiary 22, 248, 380,390

Pettit, G. W., administrator 257

Portrait of governor Bushnell 393

Prosecution and transportation of convicts to penitentiary 20, 247, 388

Prosecution of war claims against general government 20, 247,388

Public debt 50, 400

Rankin, A. B 410

Reporter of supreme court 21, 248, 389

Richards, John K 252, 393

Ryan, Daniel J 188

746

APPROPRIATIONS — Concluded. ^agf

Satterficld, Wesley, heirs of 257

Secretary of state 20, 247, 388

Sewers at New Bremen 187

Shupert, Christian 258

Soldiers' and sailors' home 23, 251, 392

Soldiers' and sailors' orphans' home 23, 251, 393

State building commission 121

State, defense of 97

State horticultural society 245, 386

State house and grounds 17, 242. 379, 383

SUte library 20, 247, 388

Superintendent of insurance 21, 247, 380, 389

Supervisor of public printing 21, 248, 380, 389

Supreme court 21, 248,389

Tennessee centennial commission 32

Toledo state hospital 22, 250. 381. 391

Tolford, W. 0 247

Treasurer of state 21, 248, 380, 390

Walker James C 188

Wilberforce university -28, 337

ARCHiEOLOGICAL. AND HISTORICAL SOCIETY— (See State

Archaeological and Historical Society.)
ASSESSMENT— (See Taxation.)
County ditches —

Auditor to enter assessment on duplicate against benefited land-
owner; how apportioned ; aggrieved person, etc 67

Engineer must report an assessment 213

Surveyor to report assessment 65, 70

Cincinnati, in, streets, avenues, highways and alleys, repair of 374

County buildings, bridges, etc., for 99, 100

Ditch, cleaning out of 62, 63

Joint interstate county ditches, costs for construction of 122

Library purposes in cities of fourth grade, second class 9

Municipalities, in, to pay portion of costs of improvements 101

Sprinkling in cities of the first class, for 254

Water-pipes in municipalities, laying of, for 204, 205

ASSESSOR—

Agricultural statistics, return of 1^

ASSIGNEE— (See Assignments; Probate Judge.)

Title, dower, etc., questions of, may commence action to settle 132^

ASSIGNMENTS—

Creditor may bring action to declare void acts of insolvent debtor:
appointment of trustee to recover property; assignee to bring suit

for recovery, etc 291

Mortgage made in good faith or liability created simultaneously 291

Sales, conveyances, transfers, mortgages, assignments, etc., made in
contemplation of insolvency to inure to benefit of creditors; may

be set aside as fraudulent 290

ASYLUMS FOR THE INSANE^See Various State Hospitals.)

Districts 25

Patients having homicidal propensities; incurable and harmless pa-
tients; patients with certain propensities not to be kept in jail:
discharged patients unattended; discharged patients requiring an

escort, etc 274. 2r5

Proceedings when a person becomes again insane 1^

ATTACHMENT—

Affidavit for; what to contain 319-321

Exemptions to heads of families and widows 316, 317

(jamishee may pay money into court, or to sheriflF; payment to debtor, 319

Grounds upon which plaintiff may have 318, 319

Police pension fund exempt from ^

Property exempt from 318

How discharge from: defendant may make motion to dissolve... 1*^
ATHENS STATE HOSPITAI^

Appropriations 22. 40. 249,^^

District, counties comprising J^

Restoration of burned portion ^

747

ATTORNEY-GENERAL^ ^^get

Appropriations 17, 243, 379, 38?-

Commission to examine voting machines, is member of 27&

Duties and powers 128

State building commission, is ex officio member of 119^

Trusts, duty with respect to 144, 145

ATTORNEYS-AT-LAW—

Applicants for admission to the bar exempt from certain rule of

supreme court 308

AUDITOR— (See Auditor of State; County Auditor.)
AUDITOR OF STATE-

Appropriations 17, 243, 383^

Direct inheritance tax, refunding of 96

Warrant in favor of —

Bryant, Charles H., widow of 313-

Cameron, E. J 57

Clark, John J 116

Dewolf, Ephraim 11

Douglas, George 72

Garvin, Joseph T 135

Grundel, W. T .* 413

Perkins, Harry B .• 410

AUTOMATIC COUPLERS—

Equipment of cars with 286-

AVENUES— (See Public Ways; Streets.)
BAGGAGE^

Bicycle as 24

BAKERIES—

Drainage, plumbing and ventilation 159, 160^

BALLOT-BOXES— (See Elections.)

BAILIFF — (See Criminal Bailiff; Court of Common Pleas.)

BANKJER, DAVID—

Appropriation 32

BANKS, CHARLES W.—

Appropriation 406

BAR—

Applicants for admission to, exempt from certain rule of supreme

court 308

BEALL. D. L.—

Appropriation 188

BENEVOLENT INSTITUTIONS— (See Various Institutions.)
BENEVOLENT SOCIETIES—

Consolidation of 136-138

BICYCLED

Baggage, as 24

Dry strip to be left in sprinkled streets; rider to have right of way

of strip 254

Paths for, construction of; license upon bicycle 203

BIRDS, FISH AND GAME-

Birds. nests and eggs, permits to take, for scientific purposes; how

obtained; fee, etc 107

Carrier pigeon, shooting or injuring 218

Catching, killing, injuring or pursuing of game, or destroying eggs or
nests of certain birds; hunting, shooting or trapping, etc., unlaw-
ful; penalty; injurious squirrel 4, 5. 107, 108

Catching, killing, injuring, pursuing or destroying eggs or nests of

certain birds; penalty; house sparrow and American robin 106, 107

Deer and pheasants, killing of 217

Fish, catching of, in waters other than those of Lake Erie, etc.;

penalty 303

Lake Erie, its bays and estuaries, use of nets or seines in 304-307

Muskrats. mink or otter, catching or killing of, law relating to, re-
pealed 149

Purchase, sale, exposure for sale, or possession of certain birds or
game out of season; penalty; killing, selling or transportation of

game; penalty; evidence 108, 10^

BLANKNER, FREDERICK—

Appropriation 246-

748

blank::er, george— ^age

Appropriation 188

BLIND—

Needy, relief of 270

BLOWERS—

Dust-creating machinery, where, used 165-157

BUILDINGS— (See Inspectors of Workshops and Factories; Public
Buildings.)

Bakeries, drainage, plumbing and ventilation of 159,160

Construction of, levy for 99

Hand-rails for stairs, penalty for failure to provide; owner liable for

damages 88

Inspectors to have access to; liability of proprietor to make altera-
tions ordered 113

Insurance on fair ground property 40

State departments, for use of, erection of building 119-121

BUREAU OF BUILDING AND LOAN ASSOCIATIONS-<See In-
spector of Building and Loan Associations.)

Appropriations 21, 247, 380, 389

BOARD OF CITY AFFAIRS-^

Cincinnati, in, appointment of, etc 58

BOARD OF COUNTY VISITORS—

Appointment, terms and compensation 57

BOARD OF ELECTIONS— (See Elections.)
BOARD OF HEALTH— (See State Board of Health.)

Contagious diseases, reports of 260

BOARD OF MANAGERS— (See Ohio Penitentiary; Ohio State Re-
formatory.)
BOARD OF PARDONS—

Appropriations 18, 244, 384

BOARD OF PUBLIC WORKS—

Appropriations 18, 32, 244, 379, 384

Experiments with electricity as motive power on canals 370

Kirkersville feeder, repair of 73

Sewers at New Bremen, construction of 188

BOARD OF STATE CHARITIES—

Annual report 106

Appropriations 18, 244, 384

Jails, workhouses, childrens' homes, etc., plans for, to be approved by. 105

Office, meetings, powers and duties; investigations by 105

Secretary of, appointment and salary of 105, 106

BOARD OF TRUSTEES— (See Various Institutions.)
BOARD OF EDUCATION—

Annual report to governor concerning day school for deaf children in

certain cities 186, 236

Appointments by; control of schools vested in 48

Borrowing money, extending time, or changring debt 233

Contracts, agreements, etc., restrictions as to 218, 219

Election in new subdistrict. duty as to 47

Sessions, regular and special 46

Special or village district, abandonment of, etc T4, 75

Township-
Directors and subdirectors; record of their proceedings; sessions;

notice of meeting to elect teacher 46

Election of members; designation of office to be filled; judges

and clerks of 45, 47

How constituted and organized; classification of 45, 46

Standing committees; duties of 46, 47

Subdirector, term of, to be determined by lot 47

Tie vote to be determined by lot 47

Township or joint township high school district —

Establishment of; employment of teacher; control and support

of school, etc 281-283

Vacancy; how filled 48

BOARDS OF EQUALIZATION—

Decennial county board, proceedings of; rules to govern orders 1^

749

BOATS— ^AGE

Electricity as a motive power for canal boats, experiments with 370

BOND INVESTMENT COMPANIES—

Regulation of 401-403

BONDS—

Agricultural society, county, debt of, issue of bonds to pay 358

Bond investment companies, bonds to be deposited by 401

Borrowing, extending time, or changing debt 233

Bridges, construction of, issue of bonds for 100

Coroner 361

Executor is residuary legatee, when, different bond rmy be given .... 293
Joint interstate county ditches, construction of, issue of bonds for.... 122

Municipal and township, levy of tax to pay 360

Bonds of, to be first offered to sinking fund trustees 340

Water-pipes, laying of, issue of bonds for 204

Municipalities may issue bonds or certificates of indebtedness to pay
for improvements constructed or contracted for under unconstin

tutional acts 297

Ohio state university refunding bonds 221

Ohio university authorized to issue certificates of indebtedness 109

Police pension' fund, investment of, in 80

Roads, certain public, for improvement of 127

Sheriff 351

State board of agriculture authorized to issue bonds for fair ground

improvements 110, 111

Water-pipes in municipalities, for laying, issue of bonds to raise

money 204

BOOTHS— (See Elections.)

BOYS' INDUSTRIAL SCHOOL—

Appropriations 22, 250, 381. 391

Committal to institution 311

Grounds of, right of way through, to traction company 240

BRANDING—

Filled cheese and skimmed cheese 89

BRIDGE — (See County Commissioners.)

Condemned, restoration of 100

Construction, tax for 99

Enlargement of, county commissioners may require 373

BRINSMADE, T. C—

Appropriation 188

BROWN, FRANK I.—

Appropriation 188

BROWN, SALLIE T.—

Appropriation 381

BRUSH. MRS. J. P.—

Appropriations 252, 393

BRYANT, CHARLES H.—

Widow of, warrant in favor of 313

CAKE BAKERIES—

Drainage, plumbing and ventilation 159, 160

CAMERON, E. J.—

Duplicate warrant in favor of 57

CAMPBELL. MRS. LIZZIES

Appropriation 257

CANAL COMMISSION—

Appointment, powers and duties of members; terms, vacancies, oath,

bond, compensation, etc 300, 301

Appropriations 18, 244, 379, 385

CANALS—

Appropriations 187

Experiments with electricity as a motive power for the propulsion

of boats 370

Lewistown reservoir dedicated as a public lake 142

CANDIDATE^(See Elections.)

CAPITAL PUNISHMENT— (See Murder.)

CARRIER PIGEON—

Shooting or injuring 218

750

-CARS— PAGE

Equipment of, with automatic couplers and airbrakes 286

CATTLE- '

Dehorning 15

-CEMETERY ASSOCIATION—

Conveyance of burying grounds to township trustees 153

CENTENNIAL COMMISSION—

Appointment; powers and duties 369, 370

Appropriations , 369, 381

CENTENNIAL EXPOSITION COMPANY—

Park or public grounds to, lease of, for purposes of exposition 397-399

-CERTIFICATES OF INDEBTEDNESS—

Ohio university 109

CHAPMAN. A. B.—

Appropriation 253

CHEESEr-

Branding of; penalty for selling or offering imitation when cheese is

called for 89,90

CHILDREN— (See Various Institutions.)

Blind and deaf, admission to and education of, at institution for deaf

and dumb 75, 76

Bound out, may be 270

Deaf, day schools for 236,237

Schools for, in city districts of the first and second grade of the

first class 186,187

Dependant, infirmary directors may contract with private homes for

care of; cost of maintenance 266

Emplo)rment of, unlawful \ . 123

Enumeration of school youth, yearly. 312

Feeble-minded, admission of, to custodial department 210

Infant, adoption of 118

Infirmary, in, may be transferred to home; unlawful to maintain chil-
dren in infirmary 269

Minor, of policeman, pension of 79, 80

Parent, abandonment of, by; penalty 114

Removal of child from possession of parent by officer of humane

society 296

School, suspension of, in special district; conveyance of pupils to

other district; how cost defrayed 86

Separation of child from pauper mother •. 268

Trustees may remove, from improper homes or surroundings and

commit to county homes 269

CHURCHMAN, GEORGE—

Appropriation 406

CIDER VINEGAR—

Branding of casks , 185

CITY AUDITOR—

Sinking fund trustees, report to 333

CIRCUIT COURT—

Constables, court, appointment of 62, 213

Disqualified judge, transfer of, for judge of other circuit, etc 314,315

Process from, to whom directed; how served; fees for service 315

Review of judgment or final order; when error in record must be

stated 56

Room for holding court, county commissioners to provide 315

Stationery, reports and statutes, clerk of court to furnish 315

CITY SOLICITOR—

Appointment, salary, bond and duties in Dayton 41

CLARK, JOHN J.—

Appropriation 381

Warrat^t in favor of 116

CLARK. WILLIAM T.—

Appropriation 381

CLERK OF COURT OF COMMON PLEAS—

Circuit court, stationery, reports and statutes for, to furnish 315

Federal courts, decisions of. filing, docketing and indexing; fees — 285
Transcript of proceedings on change of venue, to make 7

751

CLERK OF SUPREME COURT— page

Appropriations 21, 248, 389

CLERKS OF ELECTIONS— (See Elections.)

CLEVELAND STATE HOSPITAL—

Appropriations 22, 249, 390

District, counties comprising. 25

Sewer, construction of, appropriation for 63

CLOSETS—

Female employes, for; outside closets; not to be placed in basement

or cellar; penalty for failure to provide closets 36

COAI^

Screening of, unlawful; penalty 33, 34

Weighing of; oath of weighmaster; bond of landowner 163

COIT, ALONZO B.—

Appropriation to pay expenses, incurred in trial of 381

COLLEGES AND INSTITUTION'S OF LEARNING-

Dead body, restrictions under which may receive; interment after

dissection ; penalty for having body unlawfully 84, 85

COLUMBUS. HOCKING VALLEY AND ATHENS RAILROAD
COMPANY—
Lease to. terms and conditions of 216

COLUMBUS STATE HOSPITAL-

Appropriations 22, 249. 380, 390

District, counties comprising 25

COMMERCIAL FERTILIZER—

Sale of, unlawful ; penalty 95, HI

COMMISSIONER OF COMMON SCHOOLS— (See State Commis-
sioner of Common Schools.)
Appropriations 19, 245, 385

COMMISSION FOR INTERCHANGE OF PRODUCTS—

Appropriation 381

COMMISSIONER OF LABOR STATISTICS—

Appropriations 19, 244, 885

COMMISSIONER OF RAILROADS AND TELEGRAPHS—

Appropriations 19. 245, 386

Compulsory interlocking at grade-crossings 334

Overhead wires, duty as to • 154

COMMISSIONERS — (See County Commissioners.)

COMMISSIONERS FOR THE PROMOTION OF UNIFORMITY
IN LEGISLATION—
Appointment, organization, terms of members, vacancies, removals,

duties, report, expenses, appropriation 295, 296

COMMISSIONERS OF PUBLIC PRINTING—

Appropriations 20, 385

Howe's historical collections of Ohio, publication of, appropriation

for 400

COMMISSIONERS OF SINKING FUND—

Appropriation 98

Authority to bofrow money 97

CONSTABLES— (See Court Constables.)

CONTAGIOUS DISEASES—

Report of, to state board of health 260

CONTRACTS—

Buildings, for; commissioners may annul old and make new, etc 83,84

Restrictions as to 218

CORONER—

Election, term and bond 351, 352

CORPORATIONS— (See Municipal Corporations.)

Actions against, where to be brought 125

Agricultural societies, levy of tax for, etc 292

Benevolent associations may contract for care and maintenance of in-
digent aged or infirm deaf and dumb 212

Consolidation of 136-138

Bond investment companies, regulation of 401-403

Bridges, enlargement of; owner to bear expense 373

Cemetery associations authorized to convey burying grounds to town-
ship trustees 153

752

CORPORATIONS — Concluded. page

Directors of, election of, stockholders may cumulate their votes in 23()

Evangelical Lutheran synod of Ohio and adjacent states, amendment

of original act creating 10, 11

Foreign, in hands of receiver, service on; how obtained 413, 414

Insurance, must procure certificate of authority to transact busi-
ness on stipulated premium plan, etc 347

Statements to be filed by 225-227, 227-230

Guarantee company, denial of corporate power of, barred 170

Incorporators are inspectors of first election of directors 230

Insurance companies---(see insurance companies.) —

Other than life, powers of 170,171

Stipulated premium plan, on, organization and regulation of com-
panies doing business 343-349

Library associations in cities of the second class, fourth grade, to ren-
der account of taxes received 9

Mutual fire associations, creation and powers of 335

Railway companies in corporate limits, power of, to lease or purchase,
to enter into beneficial arrangements, to purchase stock, etc;

rights of dissenting stockholders 214, 215

Railroad companies —

Compulsory interlocking^ 334

Rights of way, of, certain, forfeited 208

Telegraph and telephone wires, to maintain 88, 89

Religious and other societies —

Title to certain transfers of real estate guaranteed 101,102

Street railway companies —

Lease or purchase of property and franchises of electric light and

power company 139

Trust, unlawful to enter into 143-146

COUNCIL — (See Municipal Corporations.)

Board for care of streets; appointment, terms, vacancies, etc 38

Bonds or certificates of indebtedness, issue of, to pay for improve-
ments constructed or contracted for under unconstitutional acts,

etc 297

Electric light plant, control of, may be vested in water-works trustees;

authority to sell light 102

Members of, compensation 169

Offices, additional, power to create; abolishment of certain offices... 169

Sinking fund trustees, annual report of; duty as to 258, 259

Trustees of hamlet, when use of word council includes 289

Water-works and electric light plants, deficiencies in operating ex-
penses of; levy 222, 223

COUNTY AUDITOR—

Agricultural statistics, return of 14

County ditches —

Bond of bidder; where filed; payment of contractor 68

Compensation and damages ; assessments for 67

Direct inheritance tax, refunding of 96

Deputy sealer of weights and measures • 201

Inm-mary directors, vouchers of, issue of warrant upon 264

Road commissioners, board of, is ex officio member of 423

COUNTY CLERK— (See Clerk of Common Pleas Court.)
COUNTY DITCHES— (See Ditches, Drains and Watercourses.)
COUNTY COMMISSIONERS—

Agricultural fairs, levy for; payments in anticipation of levy 292

Bicycle paths, construction of 203

Blind person, needy, relief of 270

Bonds, holders of, reimbursement of, issued under unconstitutional

acts 172

Bridges, condemned, restoration of 100

Enlargement of, may require 373

Buildings, contracts for; to whom certain contracts shall be awarded;

power to annul old and make new contracts 83, 84

Circuit court, to provide room for holding 315

Contracts, agreements, obligations, appropriations and expenditures,

restrictions as to 218,219

753

COUNTY COMMISSIONERS — Concluded. page
County ditches —

Cleaning out; petition for tiling 69, 70, 199, 200

Compensation and damages, to Sx 66

Engineer must report an assessment, etc., of cost of 213

Expenses, how defrayed 66, 67

Improvement of, hearings on 65

Outlet, cleaning out; proceedings as to 122. 123

Sale of work " 67, 68

County improvements, tax for, to be submitted to vote; proviso; im-

. provements in course of construction 99, 100

County roads^ appointment of viewers of, etc 70, 71

Court-house, jail, public offices or bridges, appropriation of land for. . 407

Depository for county funds 376

Ditch, outlet of, cleaning out; proceedings 122, 123

Improved roads, repair of, general tax for 411

Infirmary directors, may exercise powers of, when 274

Insurance on fair ground property 40

Joint interstate county ditches^ construction of; agreement; assess-
ments; issue of bonds, etc 122, 123

Library, bequests, etc., for construction of, may receive; tax for main-
tenance of library 355

Memorial hall, court-house, jail, infirmary, or bridge, or poor, etc.,

may borrow money for building or improving 372

Pickaway county, embankments and levees in, repair of 73

Power of, to borrow, to extend time, or change debt 233, 234

Roads, certain public, improvement of 126, 127

Construction and improvement of;- vacation of road upon petition. 220
Road districts; how created; appointment of road commission; sub-
mission of question of improving roads, etc 421-426

Turnpikes, construction of; powers of commissioners with respect

to 71, 234, 235

COUNTY HOMES-

Children may be transferred from infirmary to; committal of children

to, by township trustees 269

COUNTY ROADS— (See Public Ways.)
COUNTY SOLICITOR—

Cuyahoga county, in; duties, salary, etc 206

Assistant, appointment, term, etc 207

COUNTY SURVEYOR—

County ditches, assessment, etc., to report, for cost of 65

Cleaning out of; commissioners to appoint surveyor as examiner;

duty of 69, 70

Supervision of work and payment of contractor; uncompleted

contracts 69

Tile or pipe, bids for; inspection of same, etc 68

Record to be kept; fees 404

COUNTY TREASURER—

Boards of education, annual payment to, for benefit of day schools for

deaf children 236, 237

Depository for county funds 376

COURT CONSTABLES—

Appointment, powers, duties and compensation 62, 213, 214

COURT-HOUSE— (See County Commissioners.)
COURT OF COMMON PLEAS—

Attachment, hearing of notice to dissolve 141

Charitable and correctional institutions, board of county visitors of,

appointment of 67

Constables, court, appointment of 62, 213

Criminal bailiff; appointment, term, etc 231

Review of judgment or final order of court 66

Sale of realty to pay debts —

Equities and priorities, determination of; distribution 287

Trial, new, court can grant but one 217

CREDITOR — (See Assignments; Administration of Estates.)

Insurance exempt from claim of 131

Premium paid in fraud inures to benefit of 131

48 •

754

CRIMES, OFFENSES AND PENALTIES— page

Animals, cruelty to; penalty; dehorning of cattle 15

Permitting of, to run at large 129

Bakeries, neglect to comply with notice for alterations in 160,161

Bicycle paths, riding or driving upon ; penalty 204

Birds, fish and game laws, under. 5, 106, 107, 108, 109

Blowers where dust-creating machinery used, penalty ior failure to

provide • . . .^ 156

Bond investment companies failing or refusing to comply with law.. 403

Coal, weighing of 164

Screening before weighing; penalty 33, 34

Carrier pigeon, shooting or injuring 218

Cheese; selling or offering imitation 90

Commercial fertilizer, unlawful sale of 95, 111; 112

Crockeryware, adulteration of materials used in manufacture of;

penalty 313

Dead animals, offal, etc.. unlawful disposition of ••.... 298

Deer and pheasants, killing of, unlawful 217

Dog, killing, injuring or theft of; permitting animals to run at large;

penalty 129

Fish, catching of, in waters others than those of Lake Erie; penalty.. 303

Lake Erie, its bays and estuaries, use of nets or seines in; penalty. 304-307
Foreign corporation, acting as agent for, failing to file statement;

penalty 227,*229

Neglecting to comply with law requiring filing of statement 226

Indian lake, offenses committed within; penalty 142

Infirmary directors or superintendent selling or furnishing supplies for

relief of poor 268

Jail, breaking into ; attacking officer; penalty 411

Labor on Sunday; penalty 358

Letters, etc., sending, to obtain money 168

Maps of coal, gas and oil lands; casing and sealing well drilled in

coal or other mineral lands; sealing of abandoned wells, etc.... 239
Marriages —

Certificate of marriage to be returned to probate judge; penalty

for failure to transmit same 310

Probate judge; improper performance of duty in issuing license;

penalty 310

Minors, employment of, unlawful '. 124

Murder in the first degree; how punished 223

Muskrats, mink or otter, catching and killing of, law relating to,

repealed 149

Parent, abandonment of 114

Pharmacy law. violation of, penalties for * 184, 185

Poor or indigent person, transferring of, to any city, township or

^ county to shift expense of caring for same 268

Railroad companies, officer or agent of, soliciting, demanding or re-
ceiving compensation for services of company when it does not

maintain telegraph or telephone wires 89

Road, obstructing travel on 303

Stallion or jack, pedigree of, misrepresenting; penalty 420

Streets, sprinkled, dry strip in, failmg to leave; penalty 254

Trust, entering; penalty 144-146

Vinegar, adulteration of 185, 186

CRIMINAL BAILIFF—

Appointment, term, removals, vacancies 231

CROCKERYWARE—

Materials used in, adulteration of; penalty 313

CUMULATIVE VOTING— (See Corporations.)
CUSTODIAL DEPARTMENT—

Establishment of, at institution for feeble-minded youth 209

DAIRY AND FOOD COMMISSIONER-^See Ohio Dairy and Food

Commissioner.)
DAUGHERTY, H. M.—

Appropriation 188

755

DAYTON STATE HOSPITAI^ page

Appropriations 22, 249, 380,391

District, counties comprising , 25

DEAD BODY—

Burial of unclaimed 274

Medical colleges and teachers may receive, etc.; body of stranger

or traveler 84, 85

DEAF AND DUMB— (See Institution for Deaf and Dumb; Children.)

Day school for deaf children 236

Indigent aged or infirm, contract for care of 212

DEBT— (See Public Debt.)

DECENNIAL COUNTY BOARD OF EQUALIZATION—

Proceedings of; rules to govern orders of 13

DEER— (See Birds, Fish and Game.)
DEPOSITORY—

County 376

DEPUTY STATE SUPERVISORS— (See Elections.)
DEWOLF. EPHRAIM—

Warrant in favor of 11

DIRECT INHERITANCE TAX—

Refunding of 96

DISCHARGE^

Officer of national guard, of, dishonorable 412

DITCHES, DRAINS AND WATERCOURSES-

Bridges, enlargement of 373

County ditches —

Assessments, auditor to place, on duplicate; how apportioned; *

aggrieved person, etc 67

Cleaning out; proceedings; petition for tiling, etc 69, 70, 199,200

Compensation and damages; how computed, etc 66, 67

Contracts; bonds of bidders; liability of contractors 68

Cost of, surveyor to report an assessment, etc., of 68

How defrayed; when compensation to be paid by county

or jdintly ; when to be paid by landowners 66, 67

Damages, suit for, person or corporation may bring 69

Engineer must report an assessment, etc., of cost 213

Expenses, changing of apportionment of 66

Hearings by commissioners; finding against improvement; find-
ing for improvement; survey and plat, etc. 65

Sale of work; bids for tile or pipe 67, 68

Supervision of work and payment of contractors; uncompleted

contracts 69

Survey and plat; what plat shall show 65

Joint interstate county ditcnes —

Construction of, agreement as to; assessments; issue of bonds,

etc 122,123

Outlet of ditch, improvement of, etc 122, 123

Joint township ditches —

Cleaning out; laws applicable to 134

Compensation and damages, etc 133, 134

Construction of, application for; surveyor's report 133, 134

Outlet of ditch, cleaning out of; agreement between commissioners

of upper and lower counties, etc 122. 123

Township ditches, cleaning out of 62, 63

DODGE, MARTIN—

Appropriation 381

DOG—

Property, is; theft of; killing or injuring; pehalty 128, 129

DOUGLAS, GEORGE-

Warrant in favor of 72

DOW TAX—

Surplus in village police fund arising from, council may transfer 196

DRIFT—

Timber, compensation for securing 116, 117

DRUGS— (See Pharmacist.)

Who may retail ; compounding prescriptions 181

756

ELECTIONS— PAGE

Ballot, supplies for marking 208

Board of elections—

Cities of the first class —

Ballot-boxes, expense of furnishing ITbi 363

Canvass of returns; delivery of poll-book 175, 176, 362, 363

Judges and clerks, compensation of 17C, 363

Members and secretary, salaries of. 176, 363

Powers and duties 174,177,179,361,365,867

Precincts outside such cities, provisions applicable to 174.362

Counties containing cities of second class, in, powers and duties

of 177, 179,365,367

Richland and Stark counties, in, members of; appointment, terms,

removal, salaries, etc 41,42

Members and secretary, salaries of 356

Nomination papers, certified copies of, to be filed with deputy

supervisors IJM)

Secretary; appointment, term, removal, duties, oath, salary, etc.;

Richland and Stark counties 41, 42

Booths, guard-rails, shelves, ballot-boxes, arrangement of, etc 206

Clerks of elections, compensation of 357

Coroner, election of 351

County improvements, submission of question for 99

Canvass of vote 100

Judges and clerks, duty of 99

Expenses and compensation, payment of 178, 353, 366

• Deputy state supervisors —

Appointment, qualifications and terms of 176, 177, 364. 365

Chief deputy, selection of 177, 352. 365

When to act for associates 18U. 367

Clerk, selection of 177, 352. 365

Power to administer oaths 178,353,366

Salary 178.353.366

Compensation 178. 353.366

Judges and clerks; appointment, terms, etc 152, 153

Powers and duties 176, 180, 363. 367

Political committee may recommend appointment 177, 364

Printing, publication of notice for bids for 178, 352, 366

Organization; report of 351, 352

Sessions 352

Shelves, guard-rails, ballot-boxes, booths 20S

Judges and clerks; appointment, terms, apportionment politically,

vacancies, compensation, removals; oath 152. 153,357

Powers and duties 176,180,364,368

Period during which, shall not separate or leave polling place

under penalty 179, 367

Returns, tally-sheets and poll-books, making transmission and

preservation of 179. 366

Justices of the peace, vacancies in office of 167. 168

Nomination —

Certified copies of certificate of nomination and nomination papers,

transmission of li^)

Filing of certificate of nomination and nomination papers 189

Municipalities having registration, in, board of elections to certify

nominations to deputy supervisors 190

Oath of signer to nomination papers 94

Petition, by; number of signatures required; what petition shall

contain ; Cuyahoga and Hamilton counties 94

Vacancy on ticket, manner of filling 94

Political committee may recommend appointment of deputy state

supervisor : 177, 364

Precincts in counties containing cities of the first class deemed to be •

city precincts 174, 367

Printing, publication of notice for bids for 178, 352, 366

Registration — ^

Registrars, judges and clerks, compensation of 35i

757

ELECTIONS — Concluded. ^age
Returns, tally-sheets and poll-books^ making, transmission and preser-
vation of 179, 366

Roads, improvement of, submission of question of; appointment of

judges and clerks; form of ballot; canvass of votes, etc 421, 422

School director —

Tie vote; failure to elect or refusal to serve 47

School district, special or village, abandonment of 74, 75

Subdistrict, new, election in « 47

Sheriff, election of : 351

State supervisor of elections —

Board of elections and secretary in Richland and Stark counties,

appointment of 41, 42

Stockholders — (see corporations.)
Township board of education —

Directors and subdirectors, election of 45

Judges and clerks; how appointed; oath 46

Poll-books and tally-sheets, delivery of 46

Township or joint township high school district —

Establishment of 26l, 282

Vacancy on ticket, authority of county executive committee to fill.... 224

Voting machines for use in elections; purchase of; re<iuirements, etc. 277-281
ELLIS, MRS. MARY—

Appropriation 257

ELECTRICITY—

Experiments with, as a motive power for propulsion of canal boats.. 370

ELECTRIC LIGHT COMPANIES—

Contracts with municipalities for furnishing light; care of plant 336

Overhead wires; height of, etc 154

ELECTRIC LIGHT PLANT— (See Municipal Corporations.)

Control of, by water-works trustees 102

Deficiencies in operating expenses of, levy to cover 222,223

Municipality may constroct or purchase 60

EMPLOYER—

Coal, screening of, unlawful; penalty 33, 34

Female employe, seats for; how constructed; dressing rooms and

closets, etc. ; penalty for failure to provide 36

Minors, employment of, unlawful 123, 124

ENUMERATION—

School youth, of, yearly 312

EPILEPTIC PERSONS—

Excluded from infirmary 274

Soldiers' home, inmates of, separate quota for, in Ohio hospital for

epileptics 419

ERROR—

Petition in, filing of 255

Proceedings in ; limitation 394

Record, in, when, must be stated 56

Supreme court, in, jurisdiction of; finding of facts 255

ESTATE — (See Administration of Estates.)

EVANGELICAL LUTHERAN SYNOD OF OHIO AND AD-
JACENT STATES—

Amendment tt) act of incorporation 10, 11

EVIDENCE—

Pauper, non-support of, defense of trustees in action for 112

Shop, alterations in, proof of failure to comply with order for 113

EXCEPTIONS—

Justice's decision, to, when to be made; signing, filing and transmittal

of bill of exceptions to clerk of courts 104

Must be taken and reduced to writing, when; general exceptions to

charge of court 299

EXECUTOR— (See Administration of Estates.)
EXECUTION — (See Exemption from Execution.)

Judge may order property to be appjied on execution 318

758

EXECUTION — Concluded page

Lien of judgment restricted to two-thirds of appraised value of lands
levied on; lands not to be sold for less than two-thirds of ap-
praisement, etc 284

EXEMPTION FROM EXECUTION—

Heads of families and widows, exemption to 316, 317

Property exempt from levy. 318

FAIR GROUNDS—

Improvement of state grounds, issue of bonds for 110,111

Insurance on buildings 40

PAULEY, A G.—

Appropriation 381

FEDERAL COURTS—

Decisions of, filing, docketing and indexing 285

FEES— (See Various Officers.)
FERTILIZER— (See Commercial Fertilizer.)
FIGGINS, EDWARD—

Appropriation 294

FINANCE— (See Taxation.)
FIRE DEPARTMENT—

Cincinnati —

Marshal and other officers; appointment and salaries 377

Cleveland —

Fire wardens, medical officer, veterinary surgeon; appointment

and salaries 90, 91

Officers and salaries 394

FISH AND GAME COMMISSIONERS— (See Ohio Fish and Game

Commissioners.)
FITCH, EDWARD H.—

Appropriation for estate of 381

FRAUDS—

Letters, etc., sending of, to obtain money; penalty ; 1^

Sale, conveyance, transfer, mortgage or assignment held to be fraudu-
lent, when 291

FREE AND ACCEPTED MASONS—

Property of grrand lodge exempt from taxation 219

FREE TURNPIKES— (See Public Ways.)
FULKERSON, CHARLES^

Appropriation 253

GAMEf— (See Birds, Fish and Game.)
GAME WARDENS—

Authority of, to open shipments containing birds or game 109

GARNISHMENT—

Garnishee may pay money into court, or to sheriff; payment to debtor. 319
GARVIN, JOSEPH T.—

Warrant in favor of 135

GAS COMPANIES— (See Municipal Corporations; Corporations.)
GAS WELL—

Casing and sealing of well drilled in coal or other mineral lands; seal-
ing abandoned wells, etc 238, 239

GAS W9RKS—

Municipality may contract or purchase 60

GAS WORKS SINKING FUND—

Created, how may be; control and investment of fund. . . . .* 354

GENERAL ASSEMBLY— _

Appropriations 4, 32, 81, 246, 380,387

GETTYSBURG BATTLEFIELD--

Appropriation for repair of certain monument on 419

GIRLS' INDUSTRIAL HOME—

Appropriations 23, 250, 392

GOVERNOR—

Appropriations 5, 19, 97, 245, 381,386

Board of state charities, investigations by, may order. 105

Boys' industrial school, right of way through grounds of 240

Canal commissioners, appointment of 300

Centennial commission, appointment of 369

759

GOVERNOR — Concluded. page

Commission for the promotion of uniformity of legislation in the

United States, appointment of • 295

Commission to examine voting machines, is member of 278

Deed for certain tract of land to United States, to issue 53

Engineers' battalion of Ohio national guard 195

First regiment Ohio national guard to do duty at Cincinnati during

grand army encampment 335, 336

Municipal code commission, appointment of 302

National guard, officer of, dishonorable discharge of * . . 412

National guard, increase of 98

Notaries public, appointment of 33, 405

Ohio state board of pharmacy, appointment of 182

Shiloh, battle of, commission to mark position of Ohio troops at, ap-
pointment of 418

State building commission, is ex officio member of; appointment of

other members • • 119

GRADE-CROSSINGS—

Compulsory interlocking 334

GRAND ARMY OF THE REPUBLIC—

Property of, exempt from taxation 219

GRUNDLE. W. T.—

Payments to be made to. 413

GUARANTEE COMPANIES—

Deposit required of 170

GUARD-RAILS— (See Elections.)

HALL-

Owner or person having control of, penalty against; inspection of,

etc 34, 35

HAMLETS—

Council, application of use of word 289

Officers of; election and terms. r 289

Police officers, in, appointment of; duties and compensation; re-
moval of 289

Powers of, limitation on 289

Trustees, appointing power of 289

HARRISON, RICHARD A.—

Appropriation 252

HARTER AND COSLEY—

Appropriation 381

HIGH SCHOOL— (See School Districts.)

HIGHWAYS-(See Public Ways.)

HOCKING CANAL—

Lease of 216

HOLMES. W. L.—

Appropriation 258

HOSPITALS—

Dead body, restrictions imder which may receive; body of stranger

or traveler, etc 84, 85

HOUSE OF ILL-FAME—

Keeping, within prohibited distances of certain institutions; penalty.. 342

HOWE'S HISTORICAL COLLECTIONS OF OHIO—

Publication of, appropriation for .' 400

HUMANE SOCIETY—

Removal of child from possession of parent by officer of, etc 296,297

HUNT, THOMAS B.—

Widow and minor children of, appropriation for 311

INCORPORATION— (See Corporations.)

INDEPENDENT ORDER OF ODD FELLOWS—

Grand lodge of, property of, exempt from taxation 219

INDIAN LAKE^

Lewistown reservoir dedicated as a public lake to be known as 142

INFANTRY— (See Ohio National Guard.)

INFANTS-

Adoption of 118

760

INFIRMARY— 'age
Annual certificate to county auditor as to amount of money needed for

ensuing year 264

Children in, may be transferred to home; unlawful to maintain chil-
dren in infirmary, except in certain cases 26i>

Directors ineligible to employment in 2r.:>

Inmate, estate of, disposition of • • '2tu

Maintenance of, to be charged with, when 2ot>

Real estate belonging to, directors may sell; exception; disposi-
tion of proceeds of sale -^^'

Insane or epileptic persons excluded from • • • • . 274

Inspection, monthly 2»>4

Superintendent; appointment, salary, duties, bond and oath 262. 2f)'^

Selling or furnishing supplies; penalty 'l-'*^

Temporary provision for child separated from pauper mother 'I(t6

INFIRMARY DIRECTORS—

Election, number and term; bond; compensation 261, 262.265

Employment in infirmary, eligible to 2^^

Children, dependent, may contract for care of; cost of maintenance.. 2t)t>
In infirmaries may be transferred to home; unlawful to maintain

• children in infirmaries 2i^*

May be bound out 27«)

Indigent aged or infirm deaf and dumb, care of 212

Inmates of infirmary to be charged for maintenance, when 2*)^^

Estate of, disposition of • 267

Infirmary, inspection of 264

Superintendent; appointment and salary 262. 265

Labor, recipient of public relief to perform 273

Medical relief in townships, contracts for 266

Organization; quorum; general powers; meetings; record 2ft?

Outside relief, duty in case of. 2ii

Powers of, when, may be 'exercised by trustees and commissioners.. 274
Removal of foreign persons to their own county for relief; costs;

notice to foreign directors; failure to give notice 98. 271.272

Real estate of inmates, disposition of 267

Removal, power of 265

Reserve fund to be set apart 263

Semi-annual report to county commissioners 264

Supplies, selling or furnishing; penalty • 26S

Vacancy in office of; how filled 262

INHERITANCE TAX—

Direct, refunding of 96

IMPROVED ROADS— (See Public Ways.)
INSANE PERSON—

Excluded from infirmary 274

Inquest; cost and fees 1^

Proceedings when person again becomes insane IS")

INSOLVENT DEBTOR— (See Assignments.)

Liens, payment of; questions of title, dower, etc.; sale of premises,

etc 132. 133

INSPECTOR OF BUILDING AND LOAN ASSOCIATIONS—

Bond investment companies, statement of, to be filed with; issue of

certificate ; license fees 401-403

INSPECTOR OF MINES—

Appropriations 19, 245. 386

Maps of coal, gas and oil lands; casing and sealing wells; plugging

wells; duty as to. 237-23f»

Minor, employment of; record of employes 1'>1

INSPECTORS OF WORKSHOPS AND FACTORIES—

Accidental death, report of, to; penalty for failure; manufacturer de-
fined 43

Access to shops and factories ^-^

Appropriations 19, 245. 380. 387

Bakeshop inspectors; appointment, etc ' l^J

Blowers where dust-creating machinery used 155-157

Buildings, inspection of 3>

761

INSPECTORS OF WORKSHOPS AND FACTORIES — Concluded. page
Chief inspector —

District inspectors, instructions, etc., for government of; record

of inspections 31

Hand-rails for stairs, duty respecting 88

Minors, school attendance of, authority to enforce 124

Employment of, unlawful, duty as to 124

Salary and expenses ^ 31

Seats for female employes, duty respecting 36*

District inspectors —

Instruction, etc., for government 31

Record of examinations 31

Salaries and expenses 31

Seats for female employes ; how constructed ; dressing rooms and
closets; closets not to be placed in basement; penalty for failure

to provide 30

Shops and factories, notice of necessary alterations in; penalty for

failure to make same; record of examinations, etc 30, 31

INSTITUTION FOR THE BLIND—

Appropriations 23. 251, 392

Officers and employes, compensation of 151, 152

INSTITUTION FOR DEAF AND DUMB—

Appropriations 23, 250, 381 392

Blind and deaf children, admission of; employment of teachers, etc- • 75, 70
INSTITUTION FOR FEEBLE-MINDED YOUTH—

Appropriations 23, 251, 392

Custodial department, establishment of 209-211

INSURANCE — (See Insurance Companies.)

Fair ground property, on 40

INSURANCE COMPANIES-

Actions against, where to bring 125-

Life —

Creditor of insured, company liable to, when 131

Husband may insure his life for benefit of wife and children; in-
surance exempt from claim of creditor; premium paid in

fraud 130,131

Stipulated premium plan, companies may insurance on, organiza-
tion of 343-349

Foreign company to procure license 347

Mutual fire associations, incorporation of 335

Other than life, power of companies 170^

INTOXICATING LIQUORS—

Notice to seller or owner of premises 371

Selling within prohibited distances of certain institutions; penalty... 342'

Tax upon liquor business —

Distribution of revenues and fines . - • • 37

INVENTORY—

Executors, administrators and administrators de bonis non, of 294

Executor who is residuary legatee not required to return, unless di-
rected by court 294

INVESTMENT COMPANIES— (See Bond Investment Companies.)
JACK-

Lien of keeper of; misrepresenting pedigree; penalty 420

JAIL —

Breaking into, for purpose of lynching prisoner 411

Persons in custody may be confined in jail of another county, when., 131

JOINER. ROBERT—

Appropriation 40&

JUDGES AND JUDICIAL DISTRICTS—
Circuit court —

Disqualified judge, transfer of, for judge of other circuit, etc 314,315

Process from: to whom directed; how served; fees for service.. 315

Room for holding court, county commissioners to provide 315

Stationery, reports and statutes, clerk of courts to furnish 315

Criminal bailiff, appointment of • 231

Notaries public, certificate of examination of applicant for appoint-
ment as 33, 405*

762

JUDGES AND JUDICIAL DISTRICTS — Concluded. J*age

Tenth district, first subdivision, additional judge in 6

Third district, first subdivision, additional judge in 52

Trial, new, court can grant but one 217

JUDGES OF ELECTION— (See Elections.)
JUDGMENT— (See Error.)
JUDICIARY—

Appropriations .^. 20, 246, 387

JURISDICTION IN ERROR— (See Error; Supreme Court.)
JURORS— ^

Commissioners of, in Lucas county 330

Penalty for attempting to influence selection of 331

Fees of, in Toledo ; how paid 333

JURY—

Service on, who exempt from 333

Toledo, in, how made up 329

Waived in Hamilton and Cuyahoga counties 428

Deposit for fees required 428

JUSTICES OF THE PEACE—

Appearance of parties 329

Causes for new trial ; notice to opposite party 51

Columbus, in; salary of; how payable; affidavit to be filed by iustice;

vacation of justice, etc 414, 415

Clerk of justices' court; election, term, salary, bond, duties and

powers ; deputies 415-417

Exceptions to decisions ; when to be made 1(H

Signing, filing and transmittal of bill of exceptions to clerk of

court 104

Fees 322

Juries in Toledo ; how made up 329, 330

Fees of jurors, how paid 333

Jurisdiction 146, 147

Summons, style of ^8, 329

Who not held to answer, when issued by non-resident justice; ex-
ceptions 147, 148

Toledo-
Judges and justices of the peace in; election, terms, jurisdiction,

powers, duties, etc; clerk of city and justices' court, etc 323-3^

Vacancy in office 167, 168

KING, WILBER E.—

Appropriation 188

KIRKERSVILLE FEEDER—

Appropriation for repair of 73

KNIGHTS OF PYTHIAS—

Grand lodge of, property of, exempt from taxation 219

LABOR—

Recipient of public relief to perform 273

LAND DEPARTMENT—

Appropriations 243, 384

LAND TRANSFER—

Torrens system, act relating to, repeal of 8

LAW LIBRARY—

Appropriations • 20, 246, 387

LEGISLATION—

Commission for the promotion of uniformity of, in the United States,

appointment of 295

LEGISLATIVE CANAL COMMISSION—

Appropriation 32

LEVEES—

Flood-gate, pump, elevator, etc., assessments for operating expenses

of 166

Naming of 166

Repair of 395

LEVY— (See Taxation.)
LEWISTOWN RESERVOIR—

Dedicated as a public lake 142

763

LIBRARY— (See School Library.) page

County commissioners may receive bequests, etc., for construction of;

levy ' 355

LIBRARY COMMISSIONERS—

State reports, copies of, to be furnished 308

LICENSE—

Bicycle 203

Peddlers, etc., in Cincinnati 190

LIEN—

Judgment, of, restriction of 284

Stallion or jack, lien of keeper of ' • 420

LIFE INSURANCE COMPANIES— (See Insurance Companies.)

LIQUORS — (See Intoxicating Liquors.)

LIVE STOCK COMMISSION—

Appropriations 246, 385

LONGVIEW STATE HOSPITAL—

Appropriations 22, 249,391

LYNCHING—

Breaking into jail or attacking officer for purpose of lynching pris-
oner 411

Damage recoverable by victim or representative 162

MANUFACTURER—

Defined 43

MARRIAGES—

Applicant for license^ statement of 309

Certificate of solemnization to be transmitted to probate judge 310

Consent of minor's parents or guardian necessary 310

License, issue of, when probate judge is the applicant 310

Notice to be printed on license 309

Probate judge, fee of, for issuing license 310

Improper performance of duty ; penalty 310

MARSHAI^

Council may abolish office 169

Hamlet, of, trustees may remove. 289

MASON, SAMUEL SMITH—

Appropriation 258

MASSILLON STATE HOSPITAL—

Admission of patients 26

Appropriations 23, 118, 250, 391

Counties comprising district 25

Opening of 26

Superintendent; appointment, power and duties 26

Transfer of patients from other hospitals 26

MAYOR—
Dayton —

Compensation; office of clerk of mayor's court abolished 376

Halls, duty as to 35

McCRACKEN. H. F.—

Appropriation 188

McDOUGALL, THOMAS-

Appropriation 393

McFARLAND, CHARLES—

Appropriation for family of 257

MEDICAL RELIEF— (See Infirmary Directors; Township Trustees.)

MEMORIAL HALL — (See County Commissioners.)

MIAMI UNIVERSITY—

Appropriation 27

Remission of certain ground rents 231

MILITIA— (See Ohio National Guard.)

MINES—

Coal, weighing of; oath of weighmaster 163

Screening of, unlawful ; penalty .33, 34

Maps of coal, gas and oil lands; copy to be filed with inspector of

mines 237, 238

Minor, ei^ployment of 164

MINING COMPANY—

Actions against, where to bring 125

761

MINORS— - PACE

Employment of, unlawful; night employment; number of hours to be

employed; school attendance 123, 124

Mines, in 1S4

MOORE. OPHA—

Appropriation 188

MOB—

County's right of action against members of 162

Against other county 163

Damages recoverable by victim or representative 162

Prisoner may be confined in jail of another county when jail is in

danger of being broken into 131

MUNICIPAL CODE COMMISSION—

Appointment ; duties ; appropriations, etc 302

MUNICIPAL CORPORATIONS—

Board of city affairs in Cincinnati; appointment, etc 58. 59

Bonds, payment of, levy for 360

Bonds or certificates of indebtedness, issue of, to pay for improve-
ments constructed or contracted for under unconstitutional
acts 297

To be first offered to trustees of sinking fund; refunding of cor-
porate indebtedness 340, 341

Water-works purposes, for, cities second class, third grade b

aifthorized to issue 42,43

City solicitor in Dayton; bond, salary and duties 44

Cleveland —

Fire wardens, medical officer, veterinary surgeon, in, appointment

of: salaries 90,91

Council, members of, compensation of 113

Dead, unclaimed, burial of 274

Electric light plant may be controlled by water-works trustees; au-
thority to sell light \.. 102

Gas or electric light works, council may erect or purchase; trustees of

works ; powers and duties, etc 60, 61

Gas-works board in Toledo, bond and compensation of members of . . 197
Gas-works sinking fund for redemption of gas or water- works bonds;

contract and investment of fund 354

Hamlets; limitation on power; appointment of police officers in;

powers and duties of president of trustees, etc 289

Improvements, cost of; how paid 101

Levies, approval of, by tax commissioners in certain cities 409

Library tax in cities second class, fourth grade 8, 9

Light and water companies, may contract with, for furnishing light

and water; lease of plants 336

Maximum of taxes allowable z 195, 196

In cities of first grade, first class 258

Officers of cities of the second class 169

Persons requiring relief, how notification given to officials of, etc.... 271

Pikes, improvement of 71

Police court, establishment of, in certain cities, former act relating to,

repealed 64

Police justice, appointment of 12

Poor, relief and support of 270, 272,273

Removal of foreign persons to their own county for relief 271

Sinking fund, tax for creating 338

Streets —

Board for care of: appointment, term, etc 38

Cleaning and care 38

Specifications as to improvement of; application of cost when

improvements made on assessment plan 82. 83

Water-pipes, assessments for laying 204. 205

Water-works and electric light fund, deficiencies in operating expense

of. levy to cover 222, 223

MURDER—

First degree: how punished; jury may recommend mercy. ^

MUTUAL FIRE ASSOCIATIONS—

Incorporation of 335

765

NATIONAL GUARD— (See Ohio National Guard.) page

NOMINATION— (See Elections.)

NOTARIES PUBLIC—

Appointment; revocation of commission; examination of applicant,

etc 33, 405

NUISANCE— (See Intoxicating^ Liquors; House of Ill-Fame.)

OFFENSES AGAINST CHASTITY— (See Crimes, Offenses and Pen-
alties.)

OFFENSES AGAINST PUBLIC POUCY— (See Crimes, Offenses aad
Penalties.)

OFFENSES AGAINST THE PERSON— (See Crimes, Offenses and
Penalties.) .

OFFICER—

Ohio national guard, discharge of 412

OHIO AGRICULTURAL EXPERIMENT STATION—

Appropriations , 17, 243, 379, 383

OHIO BOARD OF PHARMACY—

Members of; appointment; organization; compensation, etc 181,182

OHIO DAIRY AND FOOD COMMISSIONER—

Appropriations 18, 244, 379, 385

Assistant commissioners; experts; chemists; agents; inspectors;
counsel; expenses; vacancies; disposition of fines collected; of-
fice; seal; stationery; report 9, 10, 103,104

OHIO HOSPITAL FOR EPILEPTICS—

Appropriations 23, 251, 381, 393

Separate quota for soldiers' home 419

OHIO NATIONAL GUARD—

Appropriations 17, 97, 242, 379, 382

Certain organizations and officers 135

Engineers' battalion 195

First regiment to do duty during gran<i army encampment at Cin-
cinnati 335, 336

Increase of 98

Infantry organization 240

Officer, discharge of 412

Pay of officers and men during encampment 241

OHIO FISH AND GAME COMMISSION—

Appropriations 18, 244, 380, 385

Birds, nests and eggs, to issue permits to take, for scientific purposes. 107

OHIO PENITENTIARY—

Appropriations 22, 248, 380,390

Prisoner from, as witness, may be placed in jail; how costs paid.... 224

OHIO STATE BOARD OF AGRICULTURE^ •

Agriculture statistics, return of, to secretary 14

Appropriations *. 18, 243, 379,384

Interest, on debt 13, 14

Annual meeting; election of members: terms 3

Fair ground improvements, issue of bonds for 110. Ill

OHIO SOLDIERS' AND SAILORS' HOME—

Appropriations 23, 251,392

Separate quota for inmates of home in epileptic hospital 419

OHIO SOLDIERS' AND SAILORS' ORPHANS' HOME—

Appropriations 23, 251,393

OHIO STATE REFORMATORY— *

Appropriations 22, 248. 380, 390

Discipline of institution; labor of inmates; earnings; distribution of

fund 349

Officials and employes ; appointment and compensation * 349

Prisoner, parol of : 350

Pardon, recommendation for 351

System of credits 350

OHIO STATESMEN AND HUNDRED YEAR BOOK—

Appropriation for author 30

Publication and distribution of book, etc 29, 30

766

OHIO STATE UNIVERSITY— ^age

Appropriations 28

'Refunding bonds, issue of 221

OHIO UNIVERSITY—

Appropriations 27

Certificates of indebtedness, issue of 109

OIL WELI^

Casing and sealing of well drilled in coal or other mineral lands;

sealing of abandoned wells, etc 238, 239

OUTSIDE RELIEF— (See Infirmary Directors; Township Trustees.)

PARDON— -

Prisoner, of> in Ohio state reformatory, recommendation for 351

Proof of innocence must be established 223

PARENT—

Abandonment of; penalty " 114

PARKS— (See Public Parks.)

PASSENGER—

Bicycle as baggage 21

PATTERSON, T. M.—

Appropriation 188

PEDIGREE—

Stallion or jack, of, misrepresenting ; penalty 420

PENSION FUND— (See Police Pension Fund; Firemen's Pension
Fund.)

PERKINS, HARRY B.—

Warrant in favor of 410

PERSON—

Indigent aged or infirm, contract for care of 212

PETTIT, G. W.—

Appropriation 257

PHARMACIST—

Assistant 181,182

Certificate, period for which, may be granted; revocation of certificate. 183,184

Examination of applicants , 1^

Other state, of, how, registered 183

Who may retail drugs 181

PHEASANTS— (See Birds, Fish and Game.)

PHYSICIAN— (See Township Trustees.)

PIGEON— (See Carrier Pigeon.)

POLICE—

Board of, in Cleveland ; patrolmen for special duty 149, 150

Life and health insurance fund in Cleveland 232,233

Officers in Cleveland, compensation and salaries of 396, 397

POLICE COURT—

Election ot officers of, former act relating to, repealed W

POLICE JUDGE—

Dayton, in, to perform and exercise powers and jurisdiction of mayor. 376

POLICE JUSTICE—

Appointment ; term ; j urisdiction ; powers ; duties 12

POLICE PENSION FUND—

Board of trustees; how constituted; election of members, etc 76, 77

Disabled member, retirement of; monthly pension 78,79

Exemption from attachment 80

Fines, gifts, etc., to be paid into fund; dues of members 78

Foreign insurance companies, tax on, for benefit of fund 16, 77, 78

Investment of fund 80

Widow, minor children, dependent mother or father, pension of;

beneficiaries under act 79, 80

POLICY-HOLDER— (See Insurance Companies.)

POLITICAL COMMITTEE— (See Elections.)

POOR — (See Infirmary Directors; Township Trustees.)

Additional levy for support of 264

Care of 261-276

Removal of indigent persons to their own counties 98

Township trustees, defense of, in actions against them for non-support

of pauper 112

Transferring person requiring assistance to other city, township or

county to escape expense of caring for same; penalty 268

767

PRISONER— . PAGE

Breaking into jail or attacking officer for purpose of lynching 411

Confined in jail of another county, may be, when 131

Ohio state reformatory, in; labor of; earnings; discipline; parole;

system of credits; release, etc 349-351

Process for return of 132

PROBATE JUDGE AND COURT—
Administration of estates —

Bond of executor who is residuary legatee 293

Assortment* arrangement and preservation of pleadings, accpunts,

vouchers and other papers; compensation of judge 287, 288

Constable, appointment of 62

County levee committee; appointment, term, etc 166

Custodial department of the institution for feeble-minded youth, ad-
mission to, statement as to financial ability of person or parent

upon applying for 211

Inquests of insanity; costs and fees 198

When person becomes again insane 150

Insolvent debtors; payment of liens, etc.; questions of title, dower,

etc.; sale of premises; disposition of proceeds of sale, etc 132,133

Inventory of executors, administrators and administrators de bonis

non 294

Jurisdiction of court not limited in action to foreclose mortgage, quiet

title, etc 133

Marriages —

Applicant for license, statement under oath required of 309

Certificate of marriage to be transmitted to judge; penalty for

failure to do so 310

Consent of parents or guardian of minors necessary 310

Improper performance of duty, penalty for 310

License fee 310

When judge is applicant for licen.se; who to issue license 310

Removal of child from possession of parent, order for; appointment

of guardian for child 296,297

Removal of patient from asylum, warrant for 275

Safe deposit and trust companies, capacities in which may act 337

Sale of realty to pay debts —

Equities and priorities, determination of; distribution; order for

release ; fees 287

Trustee appointed by will, bond of 140

PROCESS—

Prisoner, for return of 132

Circuit court, from; to whom directed, etc 316

PROPERTY—

Certain secret societies, of, exempt from taxation 219

Description of, more definite, to be sold by order of court 256

Dog is property 128

Execution against: publication of notice in German newspapers, etc. 130

Judge may order, to be applied on execution 318

Lien of judgment on, restriction of 284

PROSECUTING ATTORNEY—

Coal, weighing of, duty as to 164

Contracts for buildings to be submitted to 83

Cuyahoga county, solicitor in ; duties^ salary, etc 206

Election and term 125

Halls, duty as to .; 35

Process, etc., for return of prisoner confined in jail of another county. 132
Restraining order, duty as to; failure, refusal or disability to institute

suit ; taxpayer may bring action 408, 409

Road commissioners, is legal adviser to 426

Trusts, duty with respect to 146

Venue, change of, to take charge of and try case on 7

PUBLICATION— (See Supervisor of Public Printing.)

German newspapers, in 130

PUBLIC BUILDINGS—

Contracts for. letting of. etc 83, 84

County building, use of 173

768

PUBLIC DEBT— ^age

Appropriations to pay 50, 400

PUBLIC FUNDS—

Misapplication of, duty of prosecuting attorney as to restraining or-
ders in case of 408

PUBLIC HALLS— (See Hall.)

Stairs to be provided with hand-rails 88

PUBLIC HIGHWAYS— (See Public Ways.)
PUBLIC PARKS^

Toledo; l^ase of city park or grounds to centennial exposition com-
pany 397-399

PUBLIC WAYS—

Brush, briers, Canadian thistles, weeds, etc., destruction of 49, 50

Cincinnati —

Streets, avenues, highways and alleys, repair of; method of pro-
cedure 374-376

County roads —

Viewers, appointment of; conunisstoners to issue orders to

viewers 70, 71

Improved roads, repair of, general tsgc for 411

Levy for improvement of; collection of tax, etc 157

• Obstructing travel on, penalty for 303

Road districts —

Organization; how created; appointment of road commissioners;

their powers and duties, etc., etc ^1-426

Roads, certain public, improvement of 126, 127

Streets, alleys, cleaning and repair of; planting and care of shade trees. 3S

Township roads, specifications as to improvement of; application of

cost where improvement made on assessment plan...., 82,83

Turnpikes, construction of, by county commissioners 234. 235

Power of commissioners with respect to 71

Two-mile assessment pikes—

County commissioners may construct or improve roads; vacation

of roads upon petition 220

Petition for improvement; appointment of viewers; improve-
ments in municipalities 71

RANDOLPH, RICHARD—

Disposition of unclaimed legacies under will and testament of 86. 87

RANKIN. A. B —

Appropriation 410

RAILROADS AND RAILROAD COMPANIES—

Bicycle as baggage 24

Columbus, Hockmg Valley and Athens railroad cmnpany, lease to;

terms and conditions of ^ 216

Compulsory interlocking • 334

Couplers and airbrakes, equipment of cars with 286

Frogs, guard-rails, etc., blocking of 342

Overhead wires; how constructed ^ height, etc 154

Railways in corporate limits —

Agreement as to terms and conditions of grants in case of lease,

etc., repeal of provisions relating to 3

Electric light and power plant, property of, may lease or purchase. 139
Power to lease or purchase, to enter into beneficial arrangement,

etc. ; rights of dissenting stockholder 214. 215

Rights of way forfeited 208

Telegraph or telephone wire, erection and maintenance of • • 88, 89

REAL ESTATE— (See Administration of Estates.)

Agricultural society, of, vests in county, when 360

County commissioners may appropriate for certain purposes 407

Description of, more definite, to be sold under order of court 256

Title to certain transfers guaranteed 101 102

RECEIVER—

Service on foreign corporation in hands of, how, obtained 413. 414

REGISTRATION— (See Elections.)

Land titles, of, act relating to, repealed 8

RELIEF OF POOR— (See Infirmary Directors; Township Trustees.)

769

RELIGIOUS SOCIETIES-(Sec Corporations.) pagb

Title to certain transfers of real estate fl;uaranteed 101, 102

REPORTER OF SUPREME COURT—

Appropriations 21, 248, 389

RESIDENCE—

Pauper, legal settlement of 271

RICHARDS. JOHN K.—

Appropriations 252, 393

RIGHTS OF WAY — (See Corporations; Municipal Corporations.)

ROAD COMMISSION—

Appointment; submission of question of improving roads; terms oi

office of commissioners; oath; compensation, etc 421-426

ROADS— (See Public Ways.)

REVISED STATUTES-

Scction 110 amended 33, 405

Section 112 amended 405

Section 113 amended * 405

Section 114 amended 406

Section 118 amended 406

Section 148c amended 225

Section 148rf created by changing sectional numbering of 3269—5

(amended) 228

Section 202 amended 128

Section 269 amended 293

Section 295 supplemented 33

Section 302 amended 164

Section 453 amended 314

Section 454 amended 315

Section 474—1 amended 231

Section 553 amended 61, 213

Section 567 amended 167

Section 582 amended 146

Section 583 amended 1^

Section 584 amended '. 147

Section 621 amended and supplemented 322, 328

Section 62Ic amended 414

Section 621rf amended 415

Section 621^ amended 417

Section 633 — 15 amended 57

Section 656 amended 105

Section 657 amended 105

Section 658 amended 106

Section 670 amended 151

Section 699 amended 25

Supplemented 26

Section 700 amended 26

Section 709 amended 274

Section 712 amended 150

Section 719 amended 198

Section 752 amended 311

Section 799 amended 83

Section 871 amended 372

Section 879 amended 407

Section 891 supplemented 355

Section 897—1 repealed 556

Section 931a amended ^ 268

Section 9Slb amended ; 269

Section 931c amended 269

Section 945 amended 269

Section 957 amended 261

Section 958 amended 262

Section 959 amended 262

Section 960 amended 262

Section 961 amended 262

Section 962 amended 262

Section 963 amended 263

Section 964 amended and supplemented 264

770

REVISED STATUTES -- Continued.

Sect
Secti
Secti
Sect
Sect
Secti
Sect
Secti
Sect
Secti
Secti
Secti
Secti
Sect!
Sect
Sect:
Sect
Secti
Sect
Secti
Sect:
Sect
Secti
Sect
Secti
Secti
Sect
Sect
Secti
Secti

ion
ion
on
on
ion
on
on

on
on
on
on
on
on
on
on
on

on
on

975
976
979
980
981
984

on 965 amended.

on 966 amended ^

on 967 amended

on 968 amended

on 969 amended

974 amended

amended

amended •

amended

on 985 amended .•

1061 amended

1136—1 amended

1178 amended

1202 amended -. . .

1203 amended

12dOb amended

1267 amended '

1277 amended

1278 amended

on 1282a amended

on 1369 amended

ion 1491 amended and supplemented.

on 1*492 supplemented

on 1493 amended..*.

1494 amended

1495 amended

1493 amended

Supplemented

Section 1497 amended ,

1498 amended

1499—1 amended

1499—2 amended

1499—3 amended

1499—4 amended

1500 amended

1500a amended

1512 amended

1523 amended

1683 amended

Supplemented

Section 1648 amended

Section 1652 amended

Section 1700 amended

Section 1707 amended....

Section 1707i— 32 amended

Section 1744a amended

Section 1831 amended

Section 1905 supplemented

Section 1939 amended

amendeci

amended

amended. . . i

amended

supplemented

amended

Section 2310 amended and supplemented.

Section 2440 amended

Section 2467 amended

Section 2468 amended

Section 24S6 amended

Section
Section
Section
Section
Section
Section
Section
Section
Section
Section

Section 1945

Section 1951

Section 2205

Section 2206

Section 2207

Section ^2231

Section 2273

Section 2293

Section 2308

P.\CE

264
2^
26-5
2^3
265
2W
266

267
267

2«31
376
404
351
3.31
426
125
4ij8

151
•'>70
112
271
271
•^71
271

98
272
273
273
273
273
273
274
274
301

14
113
114
289
2*>
289

376

626

39»>

232

149

101

374

377

9<3

394

• ■'- ■ "" 771 /^;,,i, •': • .. . . :•: ^-

REVISED STATUTES — Continued. r ■--• ^

Section 2487 amended oO

Section 2488 amended 60

Section 2489 amended 52

Section 2491rf(l) amended 197

Section 2505a supplemented 139

Section 2505a amended 214

Section 2505d repealed ^

Section 2515 supplemented 897, 681

Section 2572 amended 34, 85-

Section 25726 amended 35-

Section 25736 amended 115

Section 2573c amended 80,31

Section 2672—19 amended 190-

Section 2680 supplemented 505

Section 2689 amended 258

Sestion 2689a amended 195

Section 2690c amended 409

Section 2712 amended 338

Section 2717 amended 338

Section 2718 amended 338

Section 2720 amended 338

Section 2721 amended and supplemented 258

Section 2722 amended 339

Section 2723 amended 339

Section 2728 amended 339

Section 2709 amended 340

Section 2732—3 amended 219

Section 2814 amended , 13

Section 2825 amended 99

Section 28346 supplemented 172

Section 2834a amended.. 233

Section 28346 amended 218

Section 2836 amended 360

Section 29266—1 amended 41

Section 2926* amended 356

Section 2966—22 amended 189

Section 2966—26 amended 190

Section 2966—53 amended 208

Section 3036 amended 240

Section 3051 amended 412

. Section 3082 amended 241

Section 3135 amended 270

Section 3137 amended 118

Section 3213—1 amended , ». 420

Section 3245 amended 230

Section 3269—5 amended and sectional numbering changed to 148J. . . 228

Section 3365—18 amended 342

Section 3414 amended 208

Section 3490 amended ^ 303

Section 3628 amended 131

Section 3641 amended 170

Section 3686 amended 335

Section 3692 amended 3

Section 3702 supplemented 292

Section 3705 amended ', 360

Section 3763 amended 84

Section 3793 supplemented 136438

Section 3794 supplemented ' 101

Section 3821/ amended 337

Section 3885 amended 165

Section 3886 amended 89, 165

Section 3898 supplemented 505

Section 8915 amended 45

Section 3916 amended 45

Section 3917 amended 45

Section 3918 reenactcd 4S

772

REVISED STATUTES — Continued. ^^^^

Section 3920 amended 46

Section 3921 amended 85,86

Section 3922 amended 47

Section 3926 amended 74

Section 3927 amended • 47

Section 3928 amended 233

Section 3929 amended *^

Section 3978 amended 47

Section 3981 amended 48

Section 3996 amended 191

Section 3998 amended * 1 192

Section 3999 amended and supplemented 192-194

Section 4017 amended 4d

Section 4018 amended 48

Section 4030 amended 312

Section 4073 amended Ho

Sections 4167—1 to 4157—168 repealed 8

Section 4202 amended 129

Section 4208 amended 129

Section 4358 amended 371

Section 4359 repealed 372

Section 4360 repealed 372

Section 4405 amended 181

Section 4406 amended l^^l

Section 4407 amended 1^

* Section 4408 amended 1^2

Section 4409 amended 183

Section 4410 amended .* 183

Section 4411 amended 184

Section 4412 amended 184

Section 4446/ amended Ill

Section 4446^ amended - 112

Section 4452 amended • • 6o

Section 4453 amended 65

Section 4454 amended 65

Section 4455 amended 65,213

Section 4456 amended * 65

Section 4459 amended. 66

Section 4461 amended ^

Section 4475 amended 67, 68

Section 4475—1 amended 68

Section 4476 amended 68, 69

Section 4477 amended 69

Section 4478 amended 69

Section 4495 amended 373

Section 4497 amended 69, 199

Section 4497a amended 7*>

Section 4498 amended 199

Section 4514 supplemented. • 133, 134

Section 4553 amended • 62

Section 4599 supplemented 166

Section 4607 amended ^

Section 4642 amended 70

Section 4730 amended 49

Section 4760 amended 71

Section 4829 amended 220

Section 4831 amended 71

Section 4884 amended 411

Section 4889a amended 73

Section 5026 amended 125

Section 5044 supplemented 413

Section 5189/ amended : 333

Section 5298 amended 299

Section 5306 amended 217

Section 5391 amended 284

Section 5394 amended 130

773

REVISED STATUTES — Concluded. 'agb

Section 5480 amended 316

Section 5441 amended 318

Section 5483 amended 318

Section 5621 amended 318

Section 6648 amended •...; 319

Section 5866 amended 81

Section 5933 amended 81

Section 5981 amended 140

Section 5997 amended 293

Section 6023 amended 294

Section 6113 amended 91

Section 6114 amended 92

Section 6115 amended 92

Section 6120 amended 92

Section 6121 amended 92

Section 6122 amended 93

Section 6128 amended 93

Section 6145 amended 287

Section 6343 amended 290

Section 6344 amended 291

Section 6351 amended 132

Section 6390 amended 309

Section 6391 amended 310

Section 6475 amended 328

Section 6482 amended 329

Section 6489 amended 319

Section 6494 amended 141

Section 6501 amended 321

Section 6549 amended 329

Supplemented 330

Section 6560 amended 51

Section 6564 amended 333

Section 6565 amended 104

Section 6709 amended 56

Section 6710 amended 255

Section 6723 amended 394

Section 6808 amended 223

Section 6923 amended 298

Section 6946 amended 342

Section 6951 amended 15

Section 6959 repealed 149

Section 6960 amended 106

Supplemented 107

Section 6961 amended 4, 107

Section 6963 amended 217

Section 6964 amended 108

Section 6968—1 amended 303

Section 6968—2 amended 304

Section 6968—3 amended 306

Section 6968—4 amended 306

Section 6986 repealed 124

Section 6986£W repealed • 124

Section 6986W repealed 124

Section 6986c repealed ; 124

Section 7002 amended 95

Section 7033 amended 358

Section 7088 amended 168

Section 7264 amended 7

Section 7292 amended 224

Section 7382 amended 131

Section 7386 amended -132

Section 7388—18 repealed 349

Section 738&— 21 amended 349

Section 7388—25 amended 349

Section 7388—29 amended 350

Section 7388—33 amended 350

"~ 774

RYAN. DANIEL J.—

Appropriation 188

SAFE DEPOSIT AND TRUST COMPANIES—

Trust capacities, counties in which, may act in certain 337

SALOONKEEPER— (Sec Intoxicating Liquors.)
SATTERFIELD, BENJAMIN—

Appropriation 257

SATTERFIELD, JOHN R.—

Appropriation 257

SATTERFIELD, TUSSIE—

Appropriation 257

SCHOOL BUILDING— (See School District; Board of Education.)
SCHOOL EXAMINERS—

Teachers' certificates, granting and revocation of; investigatiiig

teacher * 115

SCHOOL DISTRICTS—

Appointments by board of education 48

Ci^ districts, first class : 39

Classification 165

Joint subdistricts —

Township boards may establish by mutual aggreement; control

and support of school 283

Joint township high school district —

Township boards may establish by mutual agreement; control

and support of school 283

Schools, control of, vested in board of education 48

Special district, abandoned, election in 47

How abandoned 7i, 75

Subdirector, term of, to be determined by lot 47

Teacher; election; dismissal; failure to elect or confirm 48

Tie vote for director; failure to elect or refusal to serve 47

Township districts —

Map of; suspension of school; conveyance of pupils to other

district, etc 85, 86

Township board of education —

Constitution and organization 45, 46

Directors and subdirectors, notice of election of; first election;

classification 45

Subdirectors, election and terms of 45

Standing committees 46

Superintendent or teacher, employment and services of, certificate

of; orders for pay 49

Unlawful employment 48

Township clerk is ex ofiicio clerk of board 45

Township or joint township high school district —

Establishment of, petition for; duty of board, etc 281

Vacancy in office of member of board of education or subdirector;

how filled 48

SCHOOL LIBRARY—
Cincinnati —

Board of trustees; appointment; terms; vacancies; powers; em-
ployment of librarian and assistants, etc 192-194

Levy for 191,192

Librarian, appointment of 192

Managers in certain cities, appointment of 192

SCHOOLS— (See School Districts, etc.)

Appropriations in support of 51

Deaf children, for, in Cincinnati and Cleveland 186, 187

Enumeration of school youth, yearly 312

Minors, attendance of, enforcement of 124

Special district, withdrawal from ; how affected 75

Special or village districts, abandonment of 74. 75

Teachers' certificates, granting and revocation of 115

Township and special districts —

Map of; suspension of school; conveyance of pupils to other

district, etc 85, 8S

SCHOOL YOUTH— i^agb

Enumeration of, yearly 812

SCREEN—

Weighing coal, in, unlawful use of; penalty 33, 34

SEALER OF WEIGHTS AND MEASURES^(See County Auditor;
State Sealer )

SECRETARY OF STATE— (See Elections; Corporations.)

Appropriations 20, 247,388

Benevolent societies, articles of consolidation of, to be filed with 137

Board of elections and secretary in Richland and Stark counties, ap-
pointment of 41, 42

Commission to examine voting machines, is member of 278

Deputy supervisors of elections, appointment of 176, 177, 364, 365

Foreign corporations, statements to be filed by 225-227, 227-230

Revocation of certificate of corporation party to a trust 144

SERVICE—

Foreign corporation in hands of receiver, on 413, 414

SEWERS—

Cleveland state hospital, appropriation for construction of sewer at... 63

SHERIFF—

Aid to, penalty for refusal to render - 131

Compensation of sheriff and assistants 131

Counties containing population of 22,500 or more, in 426

Insanity, inquests of, cost and fees in 198

Election, term and bond 351, 362

Person in custody may be confined in jail of another county, when... 131

SHILOH BATTLEFIELD—

Commission to mark positions of Ohio troops on; appropriation.... 418

SHOPS AND FACTORIES— (See Inspectors of Workshops and Fac-
tories.)

Accidental death, report of 43

Alterations in, necessary, notice of; penalty for failure to make;

record of examinations 30, 31

Blowers where dust-creating machinery used 155-157

Female employes, seats for; dressing rooms and closets, etc 36

SHOOTING— (See Birds, Fish and Game.)

SHUPERT. CHRISTIAN—

Appropriation 258

SINKING FUND— .

Board of trustees; organization; meeting; record of proceedings... 338

Bonds, interest, etc., payment of 339

City auditor's report to trustees • 338, 339

Creation of, tax for 338

Gas-works sinking fund creation, control and investment of 354

Investment of funds 339

Investigations by trustees 339

Municipal bonds to be first oflFercd to trustees 340

Trustees' report 258

SOLICITOR— (See City Solicitor; County Solicitor.)

SQUIRREL— (See Birds, Fish and Game.)

STAIRS—

Hand-rails to be provided 88

STALLION—

Lien of keeper; misrepresenting pedigree ; penalty 420

STATE ARCHiCOLOGICAL AND HISTORICAL SOCIETY—

Appropriations 18, 243, 384

STATE BOARD OF AGRICULTURE— (See Ohio State Board of Ag-
riculture.)

STATE BOARD OF APPRAISERS AND ASSESSORS—

Appropriations 18, 243, 384

STATE BOARD OF ARBITRATION—

Appropriations '. 18. 243. 379, 384

STATE BOARD OF HEALTH—

Appropriations 18, 244, 384

Chemical and bacteriological laboratory 260

Secretary to have charge of 260

Contagious diseases, local reports of 260

776

STATE BOARD OF HEALTH — Concluded. page

Epidemics, authority of board to appoint sanitary officer to enforce

orders in case of 260

Registration and vital statistics 259

STATE BOARD OF CHARITIES—

Aged or infirm deaf and dumb persons, may order removal of, to

home 212

Appropriations 18, 244, 384

Counties proportion in state hospital, duty with regard to determining. 26

STATE BOARD OF MEDICAL REGISTRATION AND EXAM-
INATION—
Appropriations 26'i

STATE BOARD OF PHARMACY— (See Ohio State Board of Phar-
macy.)

STATE BOARD OF PUBLIC WORKS—

Appropriations 18, 244, 379,384

STATE BUILDING COMMISSION—

Appropriations 121

Constitution; powers and duties of members; employment of archi-
tect, etc ; 110-121

STATE HORTICULTURAL SOCIETY—

Appropriations 245, 386

STATE HOUSE AND GROUNDS—

Appropriations 17, 242, 379, 383

STATE HOSPITAL FOR INSANEr-(Sec Various Hospitals.)

Counties quota in; how ascertained 26

Districts 25

Inmates of, maintenance of 27

Non-resident, admission of 27

Superintendent to give monthly notice to probate judge of county's

quota; acute case J* 27

STATE COMMISSIONER OF COMMON SCHOOLS—

Appropriations 19, 245, 385

Day schools for deaf children; appointment of teachers 236, 237

STATE LIBRARY—

Appropriations 20, 247,388

Publications, copies of, to be furnished commissioners 308

STATE SEALER OF WEIGHTS AND MEASURES—

City sealer of Toledo to be furnished with copies of standards 201

STATE SUPERVISOR OF ELECTIONS— (See Secretary of State)

STENOGRAPHER—

Supreme court, of 222

STOCKHOLDER—

Cumulative voting in election of directors of corporations 230

Dissenting, rights of ^ 215

STREET RAILROADS—

Agreement as to terms and conditions of grants in case of lease, etc.,

repeal of provisions relating to 8, 4

Lease or purchase of plant and franchise of electric light and power

company 139

Power to lease or purchase, to enter into beneficial arrangements, to

purchase stock, etc. ; right of dissenting stockholders 214. 215

STREETS—

Care of, board for; appointment; terms; vacancies, etc 38

Cincinnati, in, repair of; method of procedure 374-375

Improvement of, specifications as to; application of cost where im-
provements made on assessment plan 82, 83

Sprinkling of, in cities of the first class; dry strip to be left in street. 254

Water-pipes in, laying of 204

SUMMONS—

Foreign corporation in hands of receiver, on, service of; how ob-
tained 413, 414

Style of 328.529

SUNDAY—

Labor on; penalty 358

777

SUPERINTENDENT OF INSURANCE— page

Appropriations ;.... 21, 247, 380, 381>

Deputy; appointment, oath and bond; powers and duties; compen-
sation, etc 293

Life insurance companies on stipulated premium plan, licensing of;

deposit required, etc ^ 343-348

SUPERIOR COURT—

Constables, appointment of 62

SUPREME COURT—

Admission to the bar, applicants for, exempt from certain rule of . . . 308

Appropriations 21, 248, 38J^

Error, in, jurisdiction of 255

Stenographer, official 222

SUPERVISOR OF PUBLIC PRINTING—

Appropriations 21, 248, 380, 389

Ohio statesmen and hundred year book, publication of 29

State reports, copies of, to be furnished library commissioners 308

SUPERVISOR OF ROADS—

Brush, briers, weeds, etc., destruction of 49, 50

SURVEYOR— (See County Surveyor.)

TAXATION—

Agricultural fairs, levy for encouragement of 292

Agfricultural societies, money raised for, use of 316

Borrowing, extending time, or changing debt; levy to meet payment

of bonds issued therefor 233, 234

Buildings, bridges, etc., improvement of 99, 100

County agricultural society, bonds of, levy to pay 359

Flood-gate, pump, elevator, etc., assessment for operating expense of. 166

Highways, improvement of, levy for 157

Improved roads, repairing of, general tax for 411

Intoxicating liquors, distribution of revenues and fines resulting from^

traffic in 37

Joint interstate county ditches, construction of 122"

Libraries in cities second class, fourth grade, tax for 8, 9-

Library, county, tax for maintenance of 355

Levies, approval of, by tax commission of certain cities; limitation

on levy for school purposes in Toledo 40^

Maximum taxes in cities of first grade of the first class 258

Municipal and township bonds, tax shall be levied to pay 360

Municipal taxes, maximum of 195, 190

Distribution of 196-

Municipalities to pay portion of cost of improvements 101

Poor, additional levy for support of 264

Property of certain secret societies exempt from 219"

Reimbursement of holders of bonds issued under unconstitutional acts. 172
Restrictions as to contracts, agreements, obligations, appropriations,

and expenditures 218, 219

School library, levy for, in cities 191-194

Sinking fund, tax for creating 338

Special tax for school subdistrict. 47

Water-works and electric light plants, deficiencies in operating ex-
penses of, municipalities authorized to levy tax to cover 222,223

Water-works purposes in cities second class, third grade b 4^

TAXES— (See Taxation.)

Direct inheritance, refunding of 90

Foreign insurance companies, receipts from, to be paid to police pen-
sion fund 16, 77, 78

TAYLOR, WILLIAM A.—

Appropriation 30^

Purchase of hundred year book from 29

TEACHER—

Certificate of election to be filed with standing committee 49

Certificate, granting and revocation of; investigation of charge

against 115

Deaf and dumb institution, at, employment of; compensation 75

Dismissal of 4iJ

Election of, in subdistrict 4g

778

TEACHER — Concluded. page

Failure to elect or confirm 48

Employment and services, certificate of; orders for pay 49

Notice to elect 46

Township or joint township high school district, in, employment of. . 282
TELEGRAPH—

Railroad company to maintain 88

TELEPHONE—

Railroad company to maintain 88

TELEPHONE AND TELEGRAPH COMPANY—

Overhead wires ; how constructed ; height, etc 154

TENNESSEE CENTENNIAL COMMISSION—

Appropriations 32

TIMBER—

Drift; compensation for securing; failure of owner to pay fees; sale of

property; disposition of proceeds of sale 116, 117

TOLEDO STATE HOSPITAL—

Appropriations 22, 250, 381, 391

Counties comprising district 25

TOLFORD, W. O.—

Appropriation 247

TOWNSHIP clerk-
Is ex officio clerk of township board of education. 45

TOWNSHIP DITCHES— (See Ditches, Drains and Watercourses.)
TOWNSHIP DISTRICTS— (See School Districts.)

TOWNSHIP funds-
How paid out 301

TOWNSHIP OFFICERS—

Original surveyed townships, of, terms of 151

TOWNSHIP treasurer-
How township money paid out; delivery of moneys, books, papers

and other property by treasurer to successor 301

TOWNSHIP TRUSTEES—

Bonds, township, levy of tax to pay 360

Cemetery associations authorized to convey burying grounds to; ac-
ceptance by 153

Children may be bound out by 270

Children, may remove, from improper homes or surroundings and

commit to county home 269

Dead, unclaimed, burial of 274

Defense of, in actions for non-support of pauper 112

Ditches, duty as to cleaning out of 62, 63

Highways, improvement of 157-159

Indigent persons having legal settlement in other county, duty as to.. 98

Infirmary directors, powers of, may exercise, with respect to property

of persons, when 274

Joint township ditches —

Construction of, application for; surveyor's report; compensa-
tion and damages; appeals from trustees* findings 133,134

Justice of the peace, vacancy in office of 167, 168

Outside relief, duty as to 265

Persons requiring relief, how notification given of 271

Poor-
Labor, recipient of public relief to perform 273

Medical relief; contracts for; liabilities of trustees 273

Support of, accounts of, to be. kept 272

Relief of; needy blind persons, relief of; how provided for 270

Power of, to borrow, to extend time, or change debt 233. 234

Removal of foreign persons to their own counties for relief 271

Restrictions as to contracts, agreements, etc 218, 219

Road districts; organization; appointment of road commission; their
powers and duties, etc.; how districts created; submission of

question of improving roads, etc 421-426

Settlement of persons, legal, what is 271

779

TREASURER OF STATE— page

Appropriations 21, 248, 380, 390

Day schools for deaf in certain cities, annual apportionment for 186

TRIAL-

Causes for which justice may grant new; notice to opposite party.... 51

Jury waived in Hamilton and Ci^ahoga counties 428

New, court may grant but one 217

Witness may be placed in jail; how costs paid 224

TRUSTE&-(See Various Institutions.)

Will, appointed under, must give bond 140

TRUSTS—

Definition of; conspiracy against trade; unlawful to own certificates

in, etc 143-146

TURNPIKES-(See Public Ways.)

TWO-MILE ASSESSMENT PIKES-(See Public Ways.)

UNIFORM LEGISLATION— (See Commissioners for the Promotion of
Uniformity of Legislation.)

UNION VETERAN UNION—

Property of, exempt from taxation 219

UNITED STATES—

Governor to issue deed for certain tract of land to 53-56

VENUE-

Criminal cases, in, proceedings on change of , 7

VILLAGES — (See Municipal Corporations.)

VINEGAR—

Brands on casks 185, 186

VOTING MACHINES-

Purchase of. for use in elections; what required of, etc 277-281

WALKER. JAMES C—

Appropriation 188

WAMSLEY, MRS. JANE^

Appropriation 267

WATER-WORKS—

Bonds for, cities second class, third grade a authorized to issue 42, 43

Deficiencies in operating expenses of, levy to cover 222, 223

Trustees of, may control electrict light plant 102

Water-pipes in municipalities, laving of 204

WATER-WORKS COMPANIES—

Contracts with municipalities for furnishing water; lease of plant.... 336

WEEDS—

Destruction of 49, 50

WILBERFORCE UNIVERSITY—

Appropriations 28, 337

County treasurer of Greene county to make certain payment to trus-
tees 87

WILI^

Contest of, time within which to bring; exceptions 81

Trustee appointed under, must give bond; powers of court as to bond. 140

WITNESS—

May be placed in jail; how costs paid 224

WORKMAN LAW—

Amendments to 45-49

INDEX TO LOCAL LAWS.

ADAMS COUNTY— page

Brush creek bridge, construction of 534

Gore, H. R., relief of : 651

McCall, W. C, to be paid for services as teacher in 708

ALLEN COUNTY—

Cemetery in, purchase of land for 544

Jennings creek, improvement of 458

Marion township to establish special school district 583

Marion and Spencer townships divided: Landeck election precmct

formed 697

ASHTABULA COUNTY—

County commissioners authorized to transfer funds 694

Conneaut to build a bridge; tax levy for 566

ATHENS COUNTY—

Athens authorized to transfer funds 434

Commissioners authorized to make additional levy for county fuftd.. 458

Glouster to transfer funds 456

Trimble to issue bonds for street and sidewalk purposes 690

AUGLAIZE COUNTY—

Jackson township board of education to transfer funds 442

New Bremen, appropriation for sewers in 187

St. Mary's river bridge, bonds for 494

BELMONT COUNTY—

St. Clairsville special school district; board of education to pay Clara

A. Alexander 444

BROWN COUNTY—

County officers, duties and compensation of 574

Perry township to create a special school district 524

BUTLER COUNTY—

Bridges, payment for lighting of 573

Hamilton —

Board of public affairs, establishment of 496

Monument committee created in ; duties and powers of 705

Oxford board of water and light trustees established; former act

amended • 640

CARROLL COUNTY—

Original surveyed townships, terms of officers of 151

CHAMPAIGN COUNTY—

Commissioners authorized to transfer funds 547

Roads, repairing of; to borrow money for 673

Township house, erection of; levy for 483

Urbana to transfer funds » 462

CLARK COUNTY—

New Carlisle to transfer funds 680

Springfield —

Authorized to issue water-works bonds 42

Board of park commissioners created in; powers and duties of.. ^

City prison, patrol house and work-house, bonds for 545

Firemen's pension fund, board of trustees to provide for distribu-
tion of : 6jg

Hospital trustees, creation of board; powers, duties, etc 708

Park bonds, authority to issue : 624

CLERMONT COUNTY—

Wayne township trustees to transfer certain cemetery lots ^^

CLINTON COUNTY—

Commissioners authorized to transfer funds 442

Court stenographer, salary and duties of 518

Washington township, special school district established in 429

(780)

781

COLUMBIANA COUNTY— page

Floods, tax levy for damage done by 572

Phillips, Richard, relief of 464

Stalcy, Henry, relief of 453

White, J. Scott, relief of 448

Yoder, Jacob N., relief of 452

COSHOCTON COUNTY—

Clark township and Mechanic township (Holmes county) to create a

joint sub-school district 667

Commissioners authorized to transfer funds 434

CRAWFORD COUNTY—

Birk, John G., relief of 585

Commissioners authorized to transfer funds 435

Cranberry township to improve public roads 700

Galion board of education to issue bonds and levy tax for school

buildings 435

Jefferson township cteated into a special road district 470

Polk township, roads in, improvement of 205

CUYAHOGA COUNTY—
Qeveland-^—

Board of education, reorganization of 517

Bridges, construction of; bonds for 699,700

City hall, erection and furnishing of 549

Fire department in, officers and salaries of 394

Fire wardens, medical officer, veterinary surgeon, in; appointment

of; salaries 90

Flushing tunnel, conduit or drain, construction of; former acts

repealed 623

Foreign insurance companies, taxes from, disposition of 484

Market-houses, building of 668

Navigable watercourses, improvement of 546

Night-soil and garbage, collection, removal and destruction of . . . 594

Non-navigable watercourses, changes of, funds for 530

Parks, improvement, management and control of; former act

supplemented 695

Patrolmen for special duty in 149

Police life and health insurance fund 232

Police officers and patrolmen, in; compensation and salaries of.. 396

School buildings, bond issue for 459

Sewers, right to occupy streets, alleys, etc., in municipal corpora-
tions of other grades and classes for 664

Construction and repair of 526

Commissioners, powers of; former act amended 674

Compensation of county officers 446

Court of insolvency, additional jurisdiction of 464

Dover township, additional levy for public library in 430

Authorized to transfer funds 461

Euclid creek bridge, construction of 554

Fair-grounds, necessary improvement of .' 673

Foreign insurance companies, taxes received from, disposition of . . . . 562

Jury waived in ; deposit for jury fees, etc 428

Newman, Leopold, to change name of 506

Nominations by petition, in 94

Roads, state and county, improvement of 447

Solicitor in; term, duties, salary; assistant solicitor; appointment,

term, etc 206

School buildings, erection of; bonds for 587

Willow bridges, construction of across Cuyahoga river 692

DARKE COUNTY—

Allen, Charles, S., and wife, to correct marriage record of 632

Greenville to transfer funds 433

Infirmary directors, duties and compensation of 557

Wayne township school board to control joint sub-school district

No. 9 541

DEFIANCE COUNTY—

Delaware township divided into two election precincts 441

Defiance township to build school-house 713

Toberan, Asa, reimbursement of 683

782

DELAWARE COUNTY— ^Afi»
Concord township and Jerome township (Union county) create joint

special school district 45$

ERIE COUNTY—

Court stenographer, appointment of; salary, duties, etc 675^

FRANKLIN COUNTY—
Columbus —

Justices of the peace in; salary, etc; clerk of justices' court, etc. 414

Levee bonds, issue and sale of 524

Sinking fund, balance to credit of, to remain in city treasury f

bond of treasurer 339

Streets, cleaning and sprinkling of 489

Water-works fund, surplus in, to be applied on interest on storage

dam bonds, etc 3W

Levees in, repair of 395

Ranck, Francis M., and others, relief of 58d

Washington township divided into two election precincts 477

FULTON COUNTY—

Archbold special school district authorized to levy a tax 442

Bean creek bridge, construction of 697

Public highways, improvement of; levy for 437, 594

Swanton village school district, additional levy for 690

Authorized to issue bonds for street improvements 509

FAIRFIELD COUNTY—

Carroll to extend limits of special school district 580

Lancaster to detach certain lands 529

GALLIA COUNTY—

Court stenographer, appointment of; duties, salary, etc 476

GREENE COUNTY—

Board of education, election of members of 715

County treasurer authorized to make certain payment to trustees of

Wilberforce university 87

Court and election funds, creation of 592

GUERNSEY COUNTY—

Cambridge authorized to issue bonds 580

Senecaville school district created 438

Turnpikes, construction of; salaries of supn^isors, bond, etc 481

HAMILTON COUNTY—
Cincinnati —

Board of city affairs in ; appointment, etc 58

Bonds, railway ; former act supplemented 671

Bridges and viaducts, reconstruction of 555

Contingent fund, certain claims to be paid out of 506

Delaney, Daniel, relief of 677

Fire department, leave of absence of officers and members of . . . . 479

Fire marshal and other officers, appointment and salaries of S7T

Floods, disaster by; relief of suffering 527

License on trades, business and professions; former act amended. 656

Market-houses, construction and improvement of; bonds for.... 678

Park commissioners, to provide a board of 648

Peddlers in. license of 190

Police relief fund; former act amended ^ 6*3^

Railroad, disposition of net earnings and revenue and proceeds

of the sale of 647

Railroad, extension of time of grant in lease of; modification of

terms; former act supploment.ed 637

School library in, board of trustees of; how appointed, vacancies,

powers, etc 192

Sinking fund, trustees of, annual report of 259

Streets, avenues, highways and alleys in, repair of; method of

procedure i 374

Street improvement, issue of bonds to pay for property appra- ^

priated for 65«

Improvement of, property condemned for 68t

Street-cars, time of running of ' 585

Streets, payment for property hereafter appropriated for.. 570,6M

Sturm, Johanna, and children, relief of v 66^

783^

HAMILTON COU>fTY — Concluded. page-
Cincinnati — Concluded^

Taxes in, maximum 258

Trunk sewers, additional construction of 560

Viaducts, construction of 634

Columbiana township to improve Indian Hill avenue; former act

amended 712

Court of insolvency, establishment of; former act amended 669

Delhi township board of education to issue bonds 511

Elections, primary; controlling: of 652

Fair-grounds, improvement of 688

Jury waived in; deposit for jury fees, etc .' 428

Maple Grove cemetery, purchase of, legalized; control and manage-
ment of 495

Nominations by petition, in. . .' 94

Tax upon liquor business; distribution of revenues and fines 37

HANCOCK COUNTY—

Court stenographer, appointment of; duties, salary, etc 450

Home and hospital, relief for 625

Madison township to be divided inta two voting precincts 556

HARDIN COUNTY—

Pleasant township to transfer funds 587

Roundhead township special school district, act creating same re-
pealed 467

Authorized to borrow money to build school-house 467

South Kenton Sunday-school to deed certain church property to Ep-

worth M. E. church 462

Taylor creek and Lynn townships to create joint sub-school district.- 595-
HARRISON COUNTY—

Cadiz township, railroad bonds owned by; disposition of income 548

HENRY COUNTY—

Napoleon to transfer funds 511

Special school district to be established in 689

HIGHLAND COUNTY—

Chaney, Neri, relief of 542

Watts, Edward L., relief of 596

HOCKING COUNTY—

Board of directors for Mellville special school district 632

Commissioners authorized to transfer funds 632

Logan to transfer funds 521

Murray City special school district, levy for 565

Smith. George W., relief of 436

HOLMES COUNTY—

County officers, comptnsation of ....*. 660

Mechanic township and Clark township (Coshocton county) to create

a joint sub-school district'. .'.. 667

Richland township divided into two election precincts 457

Washington township election precinct, act amended 543

JEFFERSON COUNTY—

Smithfield township to transfer certain school territory 441

Springfield township divided into two election precincts; former act

amended 432, 459

Stcubenville, building of bridges in ; bonds for 568

Warren township to create a special school district 590

LICKING COUNTY—

Newark township to transfer funds 670

LORAIN COUNTY—

Court stenographer, appointment of; salary, duties, etc 535

LUCAS COUNTY—

Commissioners of jurors in; appointment, t«rms, oath, «emi-annual
meetings, compensation of; penalty for attempting to influence

selection of jurors; drawing juries, etc 330

Toledo-
Board of education, reorganization of; former act amended 485,625

Authorized to pay teachers 553

Limitation on levy by 400

Building permits, issuing of, fees for 632

City sealer of woigbts ani measures 204

784

LUCAS COUNTY — Concluded. page
Toledo — Concluded.

Gasworks board in, bond and compensation of members of 197

Jail, construction of; levy for 465

Judges and justices of the peace; election, terms, jurisdiction,
powers, duties, etc.; clerk of city and justice court; powers,

etc 323

Lease of city park or grounds to centennial exposition company.. 397
Police pension fund in, tax on foreign insurance companies for

benefit of 16

Parks, relative to the payment of bonds for; former act supple-
mented 681

Village of Maumee to transfer funds 431

Wilson, John, and bondsmen, relief of 483

MAHONING COUNTY—

Lynn, Jonas, relief of ^l

Yoder, John, and sureties, relief of 698

Youngstown —

Justices of the peace, compensation of 711

Municipal government, new form, of ; former act amended.. 567, 671.680

Schools, paying indebtedness of, and continuing 582

MARION COUNTY—

Crane, Marion C, relief of 445

Johnson, Albert C., relief of 561

Kraner, Christian, and sureties, relief of 445, 691

Lingel, George E., relief of 445

Special school district to be established in 686

MEDINA COUNTY—

Wadsworth township to create a special school district 630

MERCER COUNTY—

Wenzlau, Charles P., to change legal residence of 4W

MIAMI COUNTY—

Bradford special school district, bond issue for 573

Piqua board of education to issue bonds and levy a tax 443

Sheriffs expenses, payment of . •. 529

Wilbee, Edwin M., reimbursement of 541

MONROE COUNTY—

Commissioners authorized to transfer funds 528

MONTGOMERY COUNTY—

Bridge, building of, across Great Miami river 641

Commissioners to levy an additional tax for fair-ground improvements. 443
Parish cemetery in Clay township to be managed and controlled by

a board of trustees 437

Dayton-
Bonds, sale of storm- water sewer; former act amended 682

* Levee and storm-water sewer, issue and sale of 525

City solicitor, appointment of; bond, salary, duties, etc 44

Council, members of; compensation 113

Levees, improvement of; cost limited 480

Parks, lands for and improvement of 558

Police judge in, to perform and execute powers of mayor; com-
pensation of mayor; office of clerk of mayor's court abolished. 376

Privy vaults in, deposit of contents of 298

Deputy supervisors of elections, compensation of 353

German township to create a special school district ^

General and judiciary purposes, additional levy for 584

Germantown water-works, bonds for 455

Jackson township and Lanier township (Preble county) to create

joint subdistrict 627

Levees, improvement of, not to exceed a certain amount «0

MORGAN COUNTY—

Malta to issue bonds for street improvements 461

McConnelsville to issue water- works bonds 685

MORROW COUNTY—

Mt. Gilead railway trustees, appointment and terms of; former act

amended 679

James, Amos W., relief of 598

786

MUSKINGUM COUNTY— paob

Roseville board of education to pay Marguerite Diltz 445

OTTAWA COUNTY—

Court-house, building of; levy for 658

PAULDING COUNTY—

Carryall township to detach certain lands 493

Paulding township, separate voting precinct created in 460

Public highways, improvement of; act repealed 537

Ridenour, Mathias M., relief of 469

PERRY COUNTY—

Commissioners authorized to transfer funds 562

Doudna, Frank M., relief of bondsmen of 593, 599

PICKAWAY COUNTY—

County officers, duties and compensation of 507

Court stenographer, salary and duties of 520

Deer creek bridge, foot- walk in connection with 534

Embankments and levees, repair of 73

PIKE COUNTY—

Legg, Geo. W., relief of bondsmen of 522

Road, building of; bonds for 532

PORTAGE COUNTY—

Grundel, W. T., payment to 413

PREBLE COUNTY—

Brouse, George H., relief of 563

Duvall, Rosa, relief of 597

Eaton school district to borrow money 449

Lanier township and Jackson township (Montgomery county) to cre-
ate joint subdistrict 627

PUTNAM COUNTY—

Ottawa and Pleasant townships, joint special school district created in 478

RICHLAND COUNTY—

Belleville electric light plant, construction of; bonds for 482

Board of elections and secretary thereof, appointment, salary, etc., of 41

ROSS COUNTY—

Chillicothe, levees in ; bonds for 530

Commissioners, duties and salary of 556

Turnpikes and improvement of, levy for 557

Union township authorized to accept deed for certain burial grounds 433

North precmct tax levy for cemetery purposes 470

SANDUSKY COUNTY-

Bettsville special school district created in 559

SCIOTO COUNTY—
Portsmouth —

Municipal government of, classification; former act amended 601

SENECA COUNTY—

Bettsville special school district created in 559

SHELBY COUNTY—

Commissioners authorized to make additional levy 698

Cynthian township school board, election of 671

STARK COUNTY—

Board of elections and secretary thereof; appointment, salary, etc., of 41

Canton township clerk, relief of 492

To increase salary of trustees 714

Salary of clerk 674

Trustees, relief of 516

Commissioners to transfer certain funds 628

Court stenographer and assistant, salary and duties of 564

Foot-bridge, erection of; conditions 631

Massillon to levy a tax for library purposes 508, 521

Pike township to be divided into two election precincts 629

Trustees to receive title to Ashbury cemetery 540

SUMMIT COUNTY—
Akron —

Municipal government; rates of taxation; library tax; former act

amended 671

50*

?86

tRUMBULL COUNTY— wGg

Commissioners authorized to transfer funds M7

Rowland township, to increase or decrease the number of election

precincts in 52S

Niles board of education to increase tax levy for school purposes.... 553

TUSCARAWAS COUNTY— »

County officers, duties and compensation of 513

Brown, F. O., and others, relief of 693

Heck, D. v., relief of m

Hochstetler, William B., relief of 536

UNION COUNTY—

Jerome township and Concord township (Delaware county) to create

joint special school district 456

Street labor, citizens exempt from performing 571

VAN WERT COUNTY—

Commissioners authorized to issue bonds and levy tax 439

Jenninffs creek, improvement of 458

Township trustees to improve roads 578

VINTON COUNTY—

Jackson township, additional levy for school purposes in 546

Maple, Edward, to reimburse 680

WASHINGTON COUNTY—

Agricultural and mechanical association authorized to sell certain land 430

Marietta authorized to erect buildings on certain land 55

Roads, improvement of; levy for 665

WAYNE COUNTY—

West Salem town hall bonds, issue of 512

WILLIAMS COUNTY—

Edgerton school district, additional tax levy authorized for 549

WOOD COUNTY—

Bridges, building of; bonds for 548

Freeport to increase the annual tax levy 533

Grand Rapids and Grand Rapids township to erect town hall; condi-
tions thereof 472

Weston township, erection of public vault in cemetery of 591

WYANDOT COUNTY—

Clyde to control part of Western Reserve and Maumee state road;

transfer of 432

Haner, Wm. B., reimbursement of 651

Tymochtee township, special road district created in 474

INDEX TO JOINT RESOLUTIONS.

ADJOURNMENT— 'Age

General assembly 717, 718, 722, 724, 726, 734, 737,739

AMENDMENT—

Changing phraseology in certain act 738

AMERICAN FLAG—

Congress memoralized to enact certain laws in regard to its use 733

ANNUAL REPORT—

Building and loan associations, printing and binding of 732

BATTLESHIP MAINE-

Half-masting of flags in honor of dead heroes of 725

Naming of : 728

BUILDING AND LOAN ASSOCIATIONS—

Annual report, printing and binding of 732

CANVASS-

Votes cast for state officers, convention to witness 717

CENTENNIAL COMMISSION—

Appointment, duties, etc 731

Fixing time and place 736

COLUMBUS STATE HOSPITAL—

Downer, Appleton A., petition for admittance to 729

COMMISSION—

Trans-Mississippi international exposition; appointment, duties, etc.,

of 731

COMMISSIONERS OF PUBLIC PRINTING—

Howe's historical collections of Ohio 721

COMMITTEE— (See General Assembly.)

CONGRESS— (See United States Senator.)

Naming of new battleship Ohio, petition for 728

Resolution recognizing the independence of Cuba 734

To enact laws to prevent the use of the flag, by private enterprises, for

advertising purposes 733

United States senator, election of 716, 734

Vicksburg military park act, urging legislature to labor for passage of 723

CONTRACTS— (See General Assembly.)

None to be entered into pending certain bills 722

CUBA—

Resolution recognizing independence of 734

DAYTON ASYLUM—

Huehn, Arthur, relative to his admission to 727

ELECTION—

United States senator^ election of 716

Vote cast for state ofncers, witnessing of count of 717

GENERAL ASSEMBLY—

Adjournment 717, 718, 722, 724, 725, 726, 734, 737, 739

Arthur Huehn, petition for admission to asylum 727

Appleton A. Downer, petition for admission to central hospital for

insane 729

Contracts —

Managers of penal institutions forbidden to enter into at certain

time 722

Governor, to wait upon 715

To arrange for inauguration of ., 715

Half-masting of flags suggested by; sympathy extended to relatives

pf dead hei'oes of battleship Maine 725

(787)

788

GENERAL ASSEMBLY — Concluded. ^a<^«

House bills, additional copies of 718, 719, 720, 721, 722, 724,

726, 727, 728, 729, 730

Howe's historical collections of Ohio 718, 721

Joint committee —

To notify governor in regard to adjpumment of 739

Rules, joint, to prepare and report. ..,.. 715

Joint convention —

Count of votes for state officers, to witness 717

United States senator, election of 716. 734

Manual of legislative practice 716, 738

Members, officers and committees, printing of list of 720

Secretary of state to return certain acts to 735, 737

Senate bills, additional copies for 721, 722, 727

Sons of veterans granted use of senate chamber and hall of house 730

GOVERNOR—

Inauguration, committee to arrange for 715

Joint committee —

To notify that general assembly is in session 715

To notify that legislature is ready to adjourn 739

Ohio centennial commission to report 731

Trans-Mississippi international exposition commission, appointment

of 731

Vote cast for, convention to witness 717

HOUSE BILLS— {See General Assembly.)

HOSPITAL FOR EPILEPTICS—

Trustees to buy furniture, etc., for, and construct certain roads 729

HOWE'S HISTORICAL COLLECTIONS OF OHIO—

Distribution of what is on hand 718

Printing, binding, distribution and sale of 721

INAUGURATION— (See Governor.)

JOINT COMMITTEE-CSee General Assembly.)

JOINT CONVENTION— (See General Assembly.)

JOINT RULES—

Committee to prepare and report i 715

MANUAL OF LEGISLATIVE PRACTICE^

Printing and binding of 716, 738

NATIONAL MILITARY PARK— (See Congress.)

OHIO CENTENNIAL^

Commission 731

Fixing time and place to be held 736

OHIO STATE UNIVERSITY—

Trustees to grant oermission to street-railway company 739

PHRASEOLOGY—

Changing of in house bill No. 667 738

PRINTING—

House bills, additional copies of 718, 719, 720, 722, 724,

726. 727. 728, 729, 730

Howe's historical collections of Ohio 721

Manual of legislative practice 716, 738

Report of building and loan associations 732

Report of Ohio road commission ' 723

Senate bills, additional copies of 721, 722, 727

RULES— (See Joint Rules.)

SECRETARY OF STATE^

Relative to returning to general assembly a certain act 735, 737

SENATE BILLS— (See General Assembly.)

SENATOR— (See United States Senator.)

SONS OF VETERANS—

Annual meetings, to use senate chamber and hall of house for 730

Guards as a reserve militia infantry 737

STREET-R AI LWAY—

Permission granted by Ohio state university to 739

SUPERVISOR OF PUBLIC PRINTING—

Building and loan associations, printing and binding of report of . . . . 732

Ohio road commission, printing and binding of 723

789

TRANS-MISSISSIPPI EXPOSITION— i*agk

Fixing time and place to be held 1 781

UNITED STATES SENATOR— (See Congress.)

Constitutional amendment as to election of 734

Election of 716

VOTES—

State officers, cast for, committee to witness count of 717

ii 057

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