canal, together with its water supplies, reservoirs, dams, feeders and adjacent lands from Cleveland to Dresden on the Muskingum river. to be purstate if canals chased by are abandoned. SECTION 2. That all boats hereafter built for use upon Canals boats either of said lines of canal for freight transportation shall be paid for by the state at their then true value in money if, at any time in the future, the policy of the state shall be changed by abandonment of either or both of said lines of canal so as to make such boats useless for transportation purposes. Governor to appoint board sioners to indition of Ohio of commis vestigate con canal. SECTION 3. It is hereby declared as the settled policy of this state that the water supplies, reservoirs, dams, feeders and adjacent lands thereto of the southern division of the Ohio canal from Dresden Junction to Lockbourne, and from Columbus to Portsmouth shall be retained and maintained. That within sixty (60) days after the passage of this act, the governor of the state shall appoint a nonpartisan commission consisting of two members, who, together with the state engineer, shall constitute a board of commissioners. The board of commissioners when appointed shall, with the assistance of a stenographer, which it is hereby authorized to employ to take all necessary testimony, proceed to investigate fully the condition of the southern division of the Ohio canal, and all the facts bearing upon the question of its improvement, maintenance, its present and future usefulness as a canal, together with all possible information bearing upon this subject, and report Report. the same, together with recommendations to the next general assembly, pending which report the same shall be kept open for navigation. SECTION 4. The said board of commissioners, together with the board of public works, shall within the present year investigate all present water rate contracts on the two lines of canal mentioned in section 1, and revise and readjust them upon a fair and equitable basis as to the rents to be paid in the future. The board of commissioners and the board of public works shall also investigate the water rent contracts upon the lines of the canal mentioned in section 3, and make a special report to the next general assembly as to what extent the rates for water rent may be increased. Investigation and readjust ment of water rate contract. of members of board. SECTION 5 The members of the board of commis- Compensation sioners, other than the said engineer, shall each receive as compensation for their services under this act, the sum of $10.00 per day, provided the time employed in the performance of said duties shall not exceed ninety days, unless such time be extended on the certificate of the governor filed in the office of the auditor of state. Said members shall also be entitled to receive their actual expenses incurred while in the performance of their duties, and such reasonable compensation for the services of a stenographer as the board of commissioners may allow, and shall be paid by warrant on the treasurer of state, upon vouchers being filed in the office of the auditor of state and approved by the state engineer. SECTION 6. This act shall be in force from and after Annexation: How territory municipal corporation and attached to townships. [House Bill No. 231.] AN ACT To amend section 1616 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 1616 of the Revised Statutes of Ohio be amended so as to read as follows: Sec. 1616. Upon petition of a majority of the freedetached from hold electors owning lands in any portion of the territory of a city, village or hamlet accurately described in such petition, with an accurate map or plat thereof, praying to have the said portion of territory detached from said city, village or hamlet, the commissioners of the county in which such portion of territory is situated, shall, with the assent of the council of the city or village or trustees of the hamlet, given in an ordinance passed for that purpose, and not otherwise, detach such portion of the territory from such city, village or hamlet and attach the same to any township contiguous thereto; and the petition, map, ordinance, and the order of the commissioners, certified by the county auditor, shall be recorded in the plat-book in the office of the county recorder, and as soon as the record is made, the proceeding shall be deemed complete, both as to the detaching of such territory from the municipal corporation and the annexation thereof to the township. Repeals. SECTION 2. Said section 1616 of the Revised Statutes of Ohio 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 pro tem. of the Senate. 99G Passed April 10, 1902. [House Bill No. 286.] AN ACT To amend section 6565 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 6565 of the Revised Statutes Trial, and its of Ohio be amended so as to read as follows: incidents: Bills of extrial before justice, mayor judge. ceptions on or police tions taken. Sec. 6565. That in all cases before a justice of the peace, mayor or police judge, whether tried by jury or the justice, mayor or police judge, either party shall have the right to except to the decisions of the justice, mayor or police judge, upon any matters of law arising in the case. The party objecting to the decision must except at the time the decision is made, and time shall be given to reduce the exceptions to writing, but not more than ten days nor less than five days beyond the date of overruling the motion for a new trial, if such motion be made, or from the date on which the decision of the justice, mayor or police judge, is rendered; when the decision objected to How excep is entered on the record and the grounds of the objection appear in the entry, the exception may be taken by the party causing same to be noted at the end of the entry, that he excepts, but when the decision is not entered on the record or the grounds of the objection do not sufficiently appear in the entry, or exception is to the decision of the court on a motion to direct a nonsuit, or to arrest the testimony from the jury, or for a new trial, because the verdict, or if a jury is waived the finding of the court is against the law and the evidence, or on the admission or rejection of evidence, the party excepting must reduce this. exception to writing and present the same to the trial justice, mayor or police judge, or his successor, within the time herein limited, and if the same is correct he shall sign said bill of exceptions and file the same with the papers in the case, and note such signing and filing in his docket, and transmit the same with the transcript of his docket and original papers, within ten days of the date of such 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 of the justice, mayor or police judge, therefor in advance. Signing, filing and transmis sion to clerk of courts. SECTION 2. Said original section 6565 of the Revised Repeals, etc. Statutes of Ohio 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, President pro tem. of the Senate. Passed April 10, 1902. Penalty for forcing entrance into safe, vault or depository box. [House Bill No. 354.] AN ACT Prescribing the penalty for maliciously blowing or attempting to blow, or force an entrance, by any instrument, device or explosive whatsoever, into any safe, vault, or depository box wherein is contained any money or thing of value. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. Whoever, at any time of the day or night, maliciously and forcibly, by and with the aid and use of any instrument, device, or explosive, whatsoever, blows or attempts to blow, or forces or attempts to force, an entrance into any safe, vault or depository box wherein is contained any money or thing of value, shall upon conviction of said offense, be imprisoned in the penitentiary not more than twenty years nor less than one year. SECTION 2. This bill to be in full force and effect on and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. F. B. ARCHER, President pro tem. of the Senate. Passed April 10, 1902. Agricultural corporations: Commission ers may levy tax for encouragement of agricultural fairs. House Bill No. 444.] AN ACT To amend sections 3702b and 3705a of the Revised Statutes of Ohio. Sec. 3702b. 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 agricultural society, or in the county 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 incorporated company, the county commissioners are authorized for the purpose of encouraging agricultural fairs, to annually levy taxes of not exceeding one-tenth of one mill upon all the taxable property of the county, for the purpose 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 the agricultural society, except in case of such lease by such society when such sum shall be paid to the treasurer of such lessee society, association, or incorporated company upon an order from the county auditor duly issued therefor; and the county commissioners, 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 treasury any sum not exceeding one thousand dollars, as herein provided, out of the money in the general fund not otherwise appropriated. Sec. 3705a. That the county commissioners of any county are hereby authorized to keep insured all buildings owned by the county agricultural society, or by the county, for the benefit of the county agricultural society, or the county, as the case may be, if deemed proper by said commissioners. Insurance on fair ground property. SECTION 2. Said original sections 3702b and 3705a Repeals, etc. of the Revised Statutes of Ohio be and the same are 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, President pro tem. of the Senate. Passed April 10, 1902. [House Bill No. 457.] AN ACT To amend section 481-88 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 481-88 of the Revised Statutes of Ohio be amended so as to read as follows: Sec. 481-88. There shall be elected in the first subdivision of the ninth judicial district of Ohio, composed of the counties of Columbiana, Carroll and Stark, 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 court of common pleas, at the township election, on the first Monday of April, A. D., 1886, one judge of the court of common pleas in addition to the two judges heretofore provided for by law for said subdivision of said ninth judicial district. Said additional judge shall be elected for the term of five years; his term of office shall begin on the third Monday of April, A. D., 1886, and he shall have all the powers and be subject to all the obligations, and shall perform all the duties pertaining to said office of judge of the common pleas court. He shall receive the same compensation as other common pleas judges, and vacancies, if any occur in his office, shall be filled as now provided by law in such cases, and his successor shall be elected at the next annual general election, which shall be Judges and judicial districts: |