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"Certain officers authorized to sell portion of a state lot to George Kephart.

[house Bill No. 592]

AN ACT

To authorize the sale of a portion of a state lot on the Miami and Erie canal, in the village of Spencerville, Allen county, Ohio, being at lock No. 38, numbering from Toledo.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That the governor, attorney general and the canal commission be and they are hereby authorized to sell to George Kephart, at an appraisement to be fixed by said canal commission, so much of the state lot at lock No. 38, numbering from Toledo, in the village of Spencerville, Allen county, Ohio, as is described as follows:

Commencing at the southeast corner of a lot that was conveyed to the state of Ohio by William Tyler and wife January 28th, 1853, and running thence northerly along the easterly line of said lot, 51.83 feet; thence westerly, at right angles, 94 feet; thence southerly, at right angles, 51.83 feet to the southerly line of said lot; thence easterly, at right angles, along the southerly line of said lot, 94 feet to the place of beginning, and containing 4872 square feet. SECTION 2. The deed conveying said property shall be erty to be ex-made subject to the provisions of an oil lease granted by the state of Ohio to W. M. Neely, October 9th, 1900. SECTION 3. This act shall take effect and be in force from and after its passage.

Certain prop

cepted from

deed.

W. S. MCKINNON,

Speaker of the House of Representatives.

Passed May 6, 1902.

F. B. ARCHER,

President of the Senate. 246G

Executors and .administra

tors:

How

unclaimed

money to be invested.

[House Bill No. 157.]

AN ACT

To amend section 6191 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 6191 of the Revised Statutes of Ohio be amended so as to read as follows:

Sec. 6191. If any sum of money directed by a decree or order of the court to be distributed to heirs, next of kin, or legatees, shall remain for the space of six months. unclaimed, the executor or administrator who was ordered to pay over the same, shall by order of the court, loan the same on bond or mortgage, as the court shall direct, to accumulate for the benefit of the persons entitled thereto, and such loan shall be made in the name of the judge of the court for the time being, and shall be subject to the order of the judge and his successors in office, as hereinafter pro

vided; and the person making such loan shall file in the
court a memorandum thereof, with the original bond or note
and mortgage, as the case may be, which shall be allowed
as a sufficient voucher for such payment under the said
order or decree; or, if the amount be not so loaned for the
further space of six months, the same shall be turned into
the county treasury and credited to the general fund, with-
out liability for interest thereon, and the receipt of the
county treasurer taken for said amount and filed as a suffi-
cient voucher; provided, that the statute of limitations shall Proviso.
not be set up as a defense or bar to an action against any
executor or administrator who fails or neglects to comply
with the foregoing requirements of this section.

SECTION 2. That said section 6191 of the Revised Repeals, etc.. Statutes of Ohio be, and the same is hereby repealed, and

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

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To amend sections 5228 and 6721 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That sections 5228 and 6721 of the Revised Statutes of Ohio be amended so as to read as follows: Sec. 5228. A party in any trust capacity, or a county treasurer in his official capacity, who has given bond in this state with sureties according to law, shall not be required. to give bond and security to perfect an appeal; and in such case, the clerk of the common pleas court, at the expiration of thirty days from the entering of such judgment or order upon the journal of the court, shall, if not otherwise directed, make a transcript, which together with the papers and pleadings filed in the case he shall transmit to the clerk of the circuit court as in other cases of appeal.

Sec. 6721. Executors, administrators, guardians and county treasurers acting in their respective trust capacities. who have given bond in this state, with surety, according to law, shall not be required to give the undertaking mentioned in section sixty-seven hundred and eighteen.

Trial on appeal:

Who not required to give

undertaking.

Transmission of papers.

Who not reundertaking.

quired to give.

SECTION 2. That original sections 5228 and 6721 of Repeals, etc. the Revised Statutes of Ohio, be and the same are hereby

repealed.

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Creation of corporations,

etc.:

When mortgage of certain corpora

to be duly recorded.

[House Bill No. 648.]

AN ACT

To supplement section 3256 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 3256 of the Revised Statutes of Ohio be supplemented with sectional numbering as follows:

Sec. 3256a. Such mortgage of real and personal property when heretofore or hereafter made by a company ortions deemed ganized to operate a line or lines of telegraph, telephone, district telegraph messenger service, or for the purpose of supplying gas or electricity [or hot water] for lighting, fuel or other purposes, or hot water, or steam, for heating or fuel purposes, shall be held to be duly recorded if the same is recorded in the office of the recorder of deeds in the county, and each of the counties in which the real or personal property intended to be mortgaged is situate or employed; and the mortgage so recorded shall be held to be a good and sufficient lien from the date of the filing of the same for record in each county where it is recorded as well upon the personal as the real property of the company. This act shall take effect and be in force passage.

When lien effective.

SECTION 2. from and after its

W. S. MCKINNON,

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

Passed May 6, 1902.

President of the Senate. 249G

For relief of
Henry
Higgins.

[House Bill No. 672.]

AN ACT

For the relief of Henry Higgins, of company C, ninth battalion,
O. N. G.

Be it enacted by the General Assembly of the State of Ohio:
SECTION I. That there is hereby appropriated out of
the general revenue fund of the state, not otherwise appro-
priated, the sum of sixty ($60.00) dollars; and the auditor
of state is hereby authorized and required to issue his war-

rant on the state treasurer for said amount, to pay Henry Higgins, a private in company C, ninth battalion, Ó. N. G., in full liquidation and payment of all expenses and lost time. by reason of injuries received on the 30th day of April, 1898, while in the discharge of his duties as a member of the Ohio national guard.

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.
250G

[House Bill No. 620.]

AN ACT

To amend section (1545-282) (1) Sec. 15, relative to rate of tax

ation in certain cities.

Be it enacted by the General Assembly of the State of Ohio:
SECTION I. That Sec. (1545-282) (1) Sec. 15 of the
Revised Statutes be amended to read as follows:

Akron and
Youngstown:

Rate of taxa

tion.

funds.

Sec. (1545-282) (1) 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 schoolhouse purposes, shall not exceed in any one year eleven mills; provided, however, that the city commissioners of such cities shall annually, at the time the rate of levy is fixed, provide by resolution for the distribution of the tax among the several departments of the corporation in such proportion to the needs as may be deemed necessary, and at no time thereafter shall the amount specified as nec- Transfer of essary for the purpose named be changed, and all transfer of funds from one account to another are hereby expressly prohibited; and, provided, further, that in any such city in which there is established and maintained a public library Library tax. 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 four-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 library association, to be used in the purchase of books, pamphlets, magazines, newspapers, rent 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 the council may levy an annual tax for the years 1900, 1901, 1902 and 1903, in addition to said above aggregate amount of taxes, and the tax for a public library not exceeding one mill on each dollar of valuation.

Additional tax for fire engine houses and equipment

thereof.

Bonds in anticipation of levy.

Repeals, etc.

of all taxable property within such city, and the proceeds of such levy shall be applied exclusively for the construction of fire engine houses and the equipment thereof; and the council of such city may anticipate the whole or a part of the annual levy for said purposes, by borrowing an amount of money not to exceed in the aggregate the amount that will be raised by said levy of one mill for the years aforesaid. at a rate of interest not to exceed six per cent per annum, and issue bonds therefor, payable on the collection of said taxes.

SECTION 2. That said original Sec. (1545-282) (1)
Sec. 15 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.
F. B. ARCHER,

Passed May 6, 1902.

President of the Senate.

2516

Consent of this state given to acquisition by United States of any land required for purposes of government,

Exclusive jurisdiction over such land

ceded to

United States; exception.

When such jurisdiction shall vest.

[House Bill No. 820.]

AN ACT

Ceding to the United States exclusive jurisdiction over certain lands acquired for public purposes within this state, and authorizing the acquisition thereof.

SECTION I.

Be it enacted by the General Assembly of the State of Ohio: That the consent of the state of Ohio is hereby given, in accordance with the seventeenth clause, eighth section, of the first article of the constitution of the United States, to the acquisition by the United States, by purchase, condemnation, or otherwise, of any land in this state required for sites for custom houses, court houses, postoffices, arsenals, or other public buildings whatever, or for any other purposes of the government.

SECTION 2. That exclusive jurisdiction in and over any land so acquired by the United States shall be, and the same is hereby, ceded to the United States, for all purposes except the service upon such sites of all civil and criminal process of the courts of this state; but the jurisdiction so ceded shall continue no longer than the said United States shall own such lands.

SECTION 3. The jurisdiction ceded shall not vest until the United States shall have acquired the title to the said lands by purchase, condemnation or otherwise; and so long as the said lands shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be and continue exempt and exonerated from all state. county and municipal taxation, assessment or other charges which may be levied or imposed under the authority of this state.

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