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Additional

judges in Cuyahoga county.

Beginning of

term.

[Senate Bill No. 65.]

AN ACT

Providing for the election of four additional judges in Cuyahoga county of the fourth judicial district.

I.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. There shall be elected in Cuyahoga county, by the electors thereof, under and in pursuance of the general election laws of the state of Ohio governing the election of judges of the common pleas court, at the general election to be held on the first Tuesday after the first Monday in November, A. D. 1902, and every five years thereafter, four judges of the court of common pleas for the fourth judicial district, in addition to the number heretofore provided by law for said district. Said four additional judges shall reside in Cuyahoga county, and shall be elected for the term of five years. Their term shall begin on the first day of January next after their election. They shall each exercise the same powers and jurisdiction, and perform the same duties as other judges of the court of common pleas; and shall receive the same compensation as is now. provided by law for other judges of the court of common pleas in Cuyahoga county.

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.
CARL L. NIPPERT,

Passed March 4, 1902.

President of the Senate. 25G

Officers of civil townships:

Providing for the enclosure of abandoned burial grounds.

[Senate Bill No. 31.]

AN ACT

To amend section 1475-1 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 1475-1 of the Revised Statutes of Ohio be amended so as to read as follows:

Sec. 1475-1. The county commissioners of each county shall, within six months after the passage of this act, enclose with a substantial fence of stone, iron, or posts and boards, all abandoned public burial grounds in the several counties, and from which the remains of the dead have not been removed. The expense of such enclosure shall be paid out Township trus of the general fund of such county. After such enclosure

tees shall keep

in repair.

shall have been made as herein provided, the township trustees shall keep the fence in good repair, and shall remove the undergrowth and weeds from any such abandoned cemetery, at least once a year and pay the expense thereof out of township funds.

SECTION 2.

pealed.

That said original section 1475-1 be re

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.

CARL L. NIPPERT,

Passed March 4, 1902.

President of the Senate
26G

Repeals.

[House Bill No. 293.]

AN ACT

To amend section 2267 of the Revised Statutes of Ohio.

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

SECTION I. That section 2267 of the Revised Statutes Assessments: of Ohio be and the same is hereby amended so as to read as follows:

Sec. 2267. No public improvement, the cost or part of cost of which is to be especially assessed on the owner of adjacent property, and no order appointing assessors of damages, or confirming their report, shall be made without the concurrence of the council, and it shall be essential that two-thirds of the whole number of members elected to [the] council concur, unless two-thirds of the owners to be charged, petition in writing therefor; and in villages not situated in a county containing a city of the first class no special assessment shall be made except for sidewalks and gutters, and main or trunk line sew

When tworequisite.

thirds vote

ers, and such other sewers, as are provided with a
good and sufficient outlet unless it first receives the assent
in writing of a majority of the owners to be charged there-
with. Provided, that in cities of the third grade of the first Toledo.
class no public improvements (except sidewalks, sewers,
and the appropriating or otherwise acquiring, lots or lands
for the purpose of laying off, opening, extending, straighten-
ing or widening streets, alleys, or other public highways, for
the power to make which improvement no petition shall be
necessary) the cost or part of the cost of which is to be
assessed on the owners of adjacent property shall be made
until a majority of the owners of the property to be assessed
shall have petitioned to the common council asking for said
improvement, and a statement of title showing the existing
owners of said property shall have been prepared by the
solicitor thereof.

give bond.

Before said solicitor shall prepare such statement he Solicitor shall shall enter into a bond of ten thousand dollars ($10,000.00) to said cities, approved by the mayor thereof, to cover his term of office that he will faithfully ascertain the names of the property owners as appear by the records of the county

in which such cities are located, and that said solictor shall Compensation.

Repeals.

receive the sum of one dollar and fifty cents ($1.50) as reasonable compensation in addition to his salary, for each description of property ascertained and certified by him in any statement of title by him made, and that said compensation shall be paid said solicitor out of the general fund of such cities of the third grade of the first class, upon the completion of said statement of title, and that no improvement shall be made until said petition is approved by the city solicitor and his certificate endorsed thereon.

Provided further, that after the bids for any such improvement are received and before any contract therefor is entered into by any cities of the third grade of the first class, the solicitor thereof shall search the records of the county in any such cities to ascertain if any changes in ownership have taken place, and if there still exists a majority of the property owners asking for said improvement shall prepare an amended statement of title, certifying thereon the actual condition of the ownership at the date last aforesaid, and there shall be paid the solicitor of said cities of the third grade of the first class, as reasonable compensation for such further examination as aforesaid, the sum of seventyfive ($0.75) cents per description out of the general fund of the corporation.

SECTION 2. That said section 2267 be and the same is hereby repealed.

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

Speaker of the House of Representatives.

Passed March 4, 1902.

W. S. MCKINNON,

CARL L. NIPPERT,

President of the Senate. 27G

Gas companies:

[House Bill No. 203.]

AN ACT

To repeal sections 2491c and 2491d (1) of the Revised Statutes of

Ohio.

Be it enacted by the General Assembly of the State of Ohio:
SECTION I. That sections 2491c and 2491d (1) of the
Revised Statutes of Ohio be and the same are hereby re-
pealed.

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 March 4, 1902.

CARL L. NIPPERT,

President of the Senate.

28 G

[House Bill No. 47.]

AN ACT

To amend section 751-3 of the Revised Statutes of the state of Ohio.

Be it enacted by the General Assembly of the State of Ohio: That section 751-3 of the Revised Statof Ohio be amended so as to read as fol

SECTION I. utes of the state lows:

Ohio hospital for epileptics:

Apportionment.

Sec. 751-3. All insane persons who are also epileptic, Who admissible and whose disease has developed during their residence in as inmates. [this] the state, together with all epileptics who have been residents of the state of Ohio for one year next preceding an application for admission, shall be considered admissible as inmates of this institution; the number of inmates to be apportioned among the several counties of the state according to their population. Such persons as are admitted to such institution shall, however, be deemed, for the purpose of voting, taxation, and all other purposes, residents of the counties from which they are sent. And their residence shall continue in the counties from which they are sent until they are finally discharged from such institution.

Inmates shall

be considered residents of

county from

which sent.

SECTION 2. That said section 751-3 is hereby repealed Repeals, etc. and this act shall take effect and be in force from and after its passage.

W. S. MCKINNON,

Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate.

Passed March 4, 1902.

29 G

[House Bill No. 241.]

AN ACT

To amend section 4009-9 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio:
SECTION I.
That section 4009-9 of the Revised Stat-
utes of Ohio be amended so as to read as follows:
Sec. 4009-9. That upon application by a board of
education or school council of any school district of this
state to the state commissioner of schools, he shall grant
permission to such board of education or school council and
such board of education or school council shall thereupon
be empowered to maintain within its limits one or more day
schools, having an average attendance of not less than five
pupils, for the instruction of deaf persons over the age of
three and under twenty-one years, residents of the state of

Schools and at

tendance enforced:

Day schools for

deaf children.

Repeals, etc.

SECTION 2. That said original section 4009-9 be and is hereby repealed, and this act shall take effect and be in force from and after its passage.

A. G. COMINGS,

Speaker pro tem. of the House of Representatives.
CARL L. NIPPERT,

Passed March 5, 1902.

President of the Senate. 30G

Arbor day.

Repeals.

[House Bill No. 153.]

AN ACT

For the development and maintenance of forests, and for the protection of birds.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That the governor of said state shall, not later than April appoint and set apart one day in the spring season of each year, as a day on which those in charge of the public schools and institutions of learning under state control, or state patronage, shall, for at least two hours, give information to the pupils and students concerning the value and interest of forestry, and the duty of the public to protect the birds thereof, and also for planting forest trees. Said day shall be known as Arbor day.

SECTION 2. That the joint resolution passed April 11th, 1892 (79 O. L., p. 243), be and the same is hereby rescinded.

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

A. G. COMINGS,

Speaker pro tem. of the House of Representatives.
CARL L. NIPPERT,

Passed March 5, 1902.

President of the Senate. 31G

Life insur

[House Bill No. 243.]

AN ACT

To amend section 3591 of the Revised Statutes and section 3598 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 3591, Revised Statutes, and ance companies: section 3598 of the Revised Statutes of Ohio be amended so as to read as follows:

Whole capital must be paid in and invested.

Sec. 3591. No joint stock company shall be organized under this chapter with a less capital than one hundred thousand dollars, and the whole capital shall, before proceeding to business, be paid in and invested in treasury

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