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erly along the west line of Scott street to the place of beginning known as the mill lot; also a parcel of land at the northwest corner of said mill lot, running north twentysix degrees west to the towing path of the Miami and Erie canal; thence east along the said towing path fifty-two links; thence south twenty-six degrees east to the north side of said mill lot; thence west along said mill lot to the place of beginning.

Being the property conveyed by Phillips and Stafford to the state of Ohio, containing in all, one hundred and three rods, more or less, except a strip of land four rods wide, being a continuation of Front street as surveyed, platted and recorded by Phillips' and Stafford's second addition to the town of Napoleon, Ohio.

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

W. S. MCKINNON,

Speaker of the House of Representatives.

Passed May 6, 1902.

F. B. ARCHER,

President of the Senate.
272G

[House Bill No. 212.]

AN ACT

To amend section 4686-30 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 4686-30 of the Revised Stat- Township tes of Ohio be amended so as to read as follows:

Sec. 4686-30. That the trustees of any township 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 six mills in any one year upon the dollar valuation of the taxable property of such township 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, provided that this act shall not apply to townships in any county where the county commissioners have improved or now are engaged in improving by macadamizing and graveling the highways of said county.

roads:

Levy for improvement of township trus

highways by

tees.

SECTION 2. That said original section 4686-30 of the Repeals, etc. Revised Statutes of Ohio be and the same is hereby repealed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.

W. S. MCKINNON,

Speaker of the House of Representatives.

Passed May 6, 1902.

F. B. ARCHER,

President of the Senate.
273G

Habitual criminal act repealed.

[House Bill No. 291.]

AN ACT

To repeal section 7388-11 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:
SECTION I. That section 7388-11 of the Revised Stat-
utes 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.

W. S. MCKINNON,

Speaker of the House of Representatives.

F. B. ARCHER,

Passed May 6, 1902.

President of the Senate.

274G

Provisions for courts of record:

Court must render decision within what time.

Repeals.

[House Bill No. 685.]

AN ACT

To amend section 557-1 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 557-1 of the Revised Statutes of Ohio be amended so as to read as follows:

Sec. 557-1. That any cause now pending, or that may hereafter be begun in any court of record in this state when submitted on motion or demurrer, or motion for new trial shall be determined and adjudicated thereon by such court within thirty days after such submission, and any such cause when submitted to the court on proceedings in error or on final trial on the issues joined shall be determined and adjudicated within thirty days after such submission.

SECTION 2. That said original section 557-1 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.

W. S. MCKINNON,

Speaker of the House of Representatives.
F. B. ARCHER,

Passed May 6, 1902.

President of the Senate.

275G

Provisions for

courts of

record:

[House Bill No. 1030.]

AN ACT

To amend section 553 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 553 be amended so as to read as follows:

Sec. 553. The court of common pleas and circuit court in any county, and the superior court in any city or 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. 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 the compensation shall be twelve hundred. dollars ($1,200) per annum, and of the first and second grades of the second class, and of the second grade of the first class, the compensation of all court constables shall be one thousand dollars ($1,000) per annum each; and in counties containing a city of the 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 hundred dollars per annum, and in counties containing cities of the third grade of the first class the compensation of such constables so appointed by the court. of common pleas shall be six hundred dollars ($600) per annum, and of those so appointed by the circuit court four hundred dollars ($400) per annum; and in all cases shall be paid out of the county treasury on the order of the court.

SECTION 2. This act shall take effect from and after its passage. W. S. MCKINNON,

Speaker of the House of Representatives.

Passed May 7, 1902.

F. B. ARCHER,

President of the Senate.
276G

[House Bill No. 854.]

AN ACT

To supplement section 1569 of the Revised Statutes.

Be it enacted by the General Assembly of the State of Ohio:

Court conand compen

stables; duties

sation.

SECTION I. That section 1569 of the Revised Stat- Villages and

utes of Ohio is hereby supplemented as follows:

Sec. 1569a. When in any county containing a city of the second grade of the second class a village shall be, or within two years last past has been, incorporated under the provisions of this chapter, the agent of the petitioners shall, if the council shall so authorize, be paid by such village the

hamlets:

Montgomery

County; compensation for

agent of peincorporation

titioners for

of village.

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expenses, which shall include attorney fees, incurred by him and the petitioners in prosecuting the proceeding for incorporation, but not to exceed two hundred and fifty dollars. Any village which has been within two years, or which shall be incorporated under the provisions of this chapter, may, in order to provide money for running expenses until it shall begin to receive taxes and to make the payment above provided for, borrow an amount not exceeding one thousand dollars, at a rate of interest not exceeding six per cent per annum, and for a period not longer than five years, and such loan shall be evidenced by a note signed by the mayor on behalf of the village.

SECTION 2. That this act shall take effect and be in force from and after its passage.

Speaker of the House of Representatives.

Passed May 7, 1902.

W. S. MCKINNON,

F. B. ARCHER,

President of the Senate. 277G

Animals:

Board of live stock commissioners; how consti

tuted; duty as

diseases.

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[House Bill No. 798.]

AN ACT

To amend sections 4211-9, 4211-13, 4211-15, 4211-16, 4211-17 and 4211-18, and to supplement section 4211-16 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That sections 4211-9, 4211-13, 4211-15, 4211-16, 4211-17 and 4211-18 of the Revised Statutes of Ohio be amended, and section 4211-16 be supplemented with sectional numbering to read as follows:

Sec. 4211-9. The Ohio state board of agriculture shall be and is hereby constituted the board of live stock commissioners for the promotion and protection of the live to extirpating stock interests of the state and the prevention of the spread of infectious and contagious diseases among domestic animals and the extermination of the same; and to coöperate with the bureau of animal industry of the United States department of agriculture, in the suppression and extirpation of contagious and infectious diseases among domestic animals. The board may elect such officers as it may deem necessary, and shall have power in its organization and work to prescribe such rules and establish such regulations, not in conflict with law, as it may deem necessary, to secure strict quarantine, and otherwise prevent the spread of infectious and contagious diseases among live stock and extirpate the same so far as it may be able to do.

Officers and

rules and regulations.

Records of

Sec. 4211-13. The board of live stock commissioners board: report, shall keep a record of its acts and investigations of diseases of live stock and report the same to the governor on the first Monday of November, annually, and shall publish and

compensation and expenses.

distribute such bulletins and reports as may be deemed of general interest and information. The supervisor of public printing shall provide for such printing as the board may deem necessary and desirable to benefit the live stock interests of the state, under the same provisions as are made for other state printing. Each member of said board shall receive for his services the sum of three dollars per day and necessary traveling expenses for each day he is actually engaged in the investigation and eradication of diseases of domestic animals by the direction of the board.

Sec. 4211-15. Whenever the governor of the state of Ohio, upon receipt of information from the state board of live stock commissioners, shall believe that any dangerous, contagious or infectious disease has become epidemic in certain localities in other states, territories or countries, or that there are conditions which render domestic animals of such infected district liable to convey such disease, he shall, by proclamation, prohibit the importation of any live stock of the kind diseased into the state, except under such regulations as may be prescribed by the state board of live Stock commissioners and approved by the governor.

Sec. 4211-16. When in the opinion of the commissioners it shall be necessary to prevent the further spread of any dangerous, contagious or infectious disease among the live stock of the state, to destroy animals affected with or which have been exposed to any such disease, it shall determine what, animals shall be killed, and shall appraise or cause the same to be appraised, by disinterested citizens as hereinafter provided, and cause such animals to be killed, and their carcasses to be disposed of as in the judgment of the commission will best protect the health of the domestic animals of the locality; provided, that no animal shall be slaughtered under the provisions of this act unless first examined by a competent veterinarian in the employ of the commission, and the disease with which it is affected or to which it has been exposed adjudged to be a dangerous and contagious malady.

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of veterin

Sec. 4211-161. The board of live stock commissioners Appointment shall appoint a competent veterinarian, whose compensation arian; duties. shall be fixed by the board; such veterinarian to perform all duties prescribed by the board and be subject to such rules and regulations as it may adopt. In case of an outbreak of animal disease, the board may, if it is deemed advisable, appoint temporarily, additional veterinarians or other persons for any special work in furtherance of the live stock interests of the state, and fix their compensation.

Sec. 4211-16b. In the enforcement of any of the provisions of this act or any other laws relating to the board of live stock commissioners, and in the enforcement of the rules and regulations that may be adopted under the authority of this act, the board of live stock commissioners, or any of them or their authorized officers, agents or employes, shall have authority to enter upon any public or private premises,

Power as to

inspection and protection of

live stock.

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