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trict: Tor levying taxes for site, or sites, and building township, or joint township high school house: Against township, or joint township high school district: Against

levying tax for site, or sites, and building township or Counting of joint township high school house: Which ballots shall ballots and returns of elec- be counted and returned by the judges and clerks of elec

tions as in such cases made and provided. Repeals.

SECTION 2. That said original section 4009-15 of the Revised Statutes of Ohio be and the same is hereby repcaled. 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,

President of the Senate. Passeil May 9, 1902.

2020

[House Bill No. 972.]

AN ACT

at time of

be deemed valid notwith

To carry into effect the intention both of officials and parties re

specting certain corinty and municipal instruments and pro

ceedings.

Beit enacted by the General Assembly of the State of Ohio: Contract

SECTION I. That whenever any officer or officers, entered into and valid

boaril or board of officers, of any county, township, city or

incorporated village, have by resolution, ordinance, order making shall

or other proceeding, and in pursuance of any statutory standing

legislation of this state, authorized or caused any county, chiens judiciai township or municipal bonds or other obligations of instruconstruction. ments to be issued or executed and delivered, or any county,

township or municipal contracts, grants, franchises, rights or Privileges to be made or given which were valid according to any rule of judicial construction and adjudication of the state and prevailing at the date of any such action or proceeding and loans or other things of value have leen effected or acquired or expenditures have been made by other parties in reliance upon such construction or adjudication, then and in every such case said bonds, oblisations, contracts, grants, franchises, rights and privileges and each of them, shall be deemed and held in all respects valid and binding notwithstanding such rule of judicial construction and adjudication as to such other similar leg. slation stall have been subsequently changed.

SECTION 2. That 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,

President of the Senate. Passed May 9, 1902.

2936

[House Bill No. 213.)

AN ACT
To provide for an official flag of the state of Ohio, and to designate

its design.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. The flag of the state of Ohio shall be pen- Official flag nant shaped. It shall have three red and two white hori- of Ohio. zontal stripes; the union of the flag shall be seventeen five-pointed stars, white, in a blue triangular field, the base of which shall be the staff end or vertical edge of the flag, and the apex of which shall be the center of the middle red stripe. The stars shall be grouped around a red disc superimposed upon a white circular “O.” The design of the flag shall be according to the following diagram:

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The proportional dimensions of the flag and of its various parts shall be according to the official design thereof on file in the office of the secretary of state.

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,

President of the Senate.
Passed May 9, 1902.

294G

[House Bill No. 297.)

AN ACT
For the relief of William Kelly, late foreman on the state boat on

the Ohio canal, between Bolivar and Trenton, in Tuscarawas

county, Ohio. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That the auditor of the state of Ohio be Warrant in and is hereby authorized and required to issue his warrant favor of Wilon the state treasurer to pay William Kelly, late foreman

on the state boat on the Ohio canal, between Bolivar and Trenton, in Tuscarawas county, Ohio, the sum of two hundred and fifty dollars ($250.00) out of any money in the state treasury to the credit of the general revenue fund, not otherwise appropriated, in full payment of all demands of said William Kelly, against the state of 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.

F. B. ARCHER,

President of the Senate. Passed May 9, 1902.

295G

[House Bill No. 794.)

AN ACT

Supreme court:

Order in which cases shall be docketed and heard.

To amend section 440 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 440 of the Revised Statutes of Ohio be and the same is hereby amended so as to read as follows:

Sec. 440. All cases brought in or taken to the court shall be entered on the docket in the order in which they are commenced, received or filed, and they shall be taken up and disposed of in the same order, except that the court may take up and dispose of the following classes of cases in advance of their order on the docket: Cases where the persons seeking relief have been convicted of felony; cases involving the validity of any tax levied or assessment made, or the power to make such levy or assessment; cases involving the construction or constitutionality of any statute, or any question of practice, where the questions arising are of general public interest; and proceedings in quo warranto, mandamus, procedendo, or habeas corpus; and cases of general interest to the public, where two or more of the circuit courts of the state have held the law directly opposite upon like facts; where the relief sought is damages for personal injury, or for death caused by negligence, and the person injured makes affidavit that he is, or, in case of death, the widow, or any of the next of kin to the deceased, makes affidavit that they are dependent for their livelihood upon their daily labor; and all cases in which any trust fund for the care, support, or education of any minor or care or support of any imbecile person is in question; and all cases involving controversies or questions arising in the administration, under the laws of Ohio, of the estate of any deceased person; and when any case is reached in its order, and there are other cases on the docket involving the same question, or some of them, the latter may be taken out of their order and disposed of with the case so reached; and

when a case is disposed of, and again comes into court, it shall be taken up as if it had its original place on the docket. Provided, that in all cases on the docket of said court where there is involved the construction of the statutes, or any of them providing for the annexation of territory to a municipal corporation, the court may take up and advance said cases out of their order on the application of either party. And this section shall apply to all actions now pending as well as those hereafter to be brought.

SECTION 2. That said original section 440 of the Re- Repeals. vised 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,

President of the Senate.
Passed May 9, 1902.

296G

(House Bill No. 105.)

AN ACT
To further supplement section 1709 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 1709 of the Revised Statutes Officers of of Ohio, as heretofore amended, be further supplemented with supplementary section 1709c as follows:

Term of city Sec. 17090. In cities of the second class, the term of solicitor. the solicitor elected or appointed after the passage of this act, shall be three years from the commencement thereof.

SECTION 2. That 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,

President of the Senate.
Passed May 9, 1902.

297G

[House Bill No. 1074.]

AN ACT

To authorize, upon certain conditions, the sprinkling of streets.

avenues, alleys, public squares and public places in ingici

pal corporations. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. Upon the petition of thirty-five per cent. Petition for of the electors in any municipal corporation in this state to

sprinkling

streets, etc. be certified by the mayor of said municipal corporation to

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the council, board of legislation or other legislative body, such council, board of legislation or other legislative body may by ordinance provide for sprinkling with water any and all or any part of the streets, avenues, alleys, squares and public places within the corporation in the manner provided in this act.

SECTION 2. The ordinance to provide for said sprinkling shall not become operative unless it shall have received the affirmative votes of two-thirds of the members elected to said council, board of legislation or other legislative body.

SECTION 3. Upon the certification of the petition provided for in section i hereof, and the passage of the ordinance authorized in section 2 hereof, the board or officer having charge of the repair of streets in such municipal corporation may purchase the appliances and materials and employ the labor necessary to provide for such sprinkling. or make contracts for all or any part of such sprinkling for periods not exceeding five (5) years.

SECTION 4. In order to provide a fund for the purpose of paying all or any part of the cost of such sprinkling, the board or officer having charge of the repair of streets in such municipal. corporation may each year estimate the cost thereof, and cause to be levied a tax therefor upon the general tax duplicate of the city in the same manner and subject to the same conditions as other levies for municipal purposes, except that such levy may be in addition to the amount now authorized for municipal pur poses, and such levy upon said estimate, shall be made by the council, board of legislation or other legislative body in said municipal corporation. Street railroad companies operating within such corporation shall annually pay into the treasury of said municipal corporation one (1) cent per lineal foot of track upon sprinkled streets as their part of the cost of the sprinkling herein provided for.

SectION 5. 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.

President of the Senate. Passed May 9, 1902.

298G

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