[House Bill No. 753.]

AN ACT

To amend section 2406-95 of the Revised Statutes of Ohio.

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

SECTION I. That section 2406-95 of the Revised Stat- Sewers and utes of Ohio be amended so as to read as follows:

assessments therefor:

Certain cities

authorized to construct sew

ers and assess

cost on abut

ting property.

Sec. 2406-95. That in any city of the third grade of the second class having a board of public affairs or city council, the said board of public affairs or city council shall have authority to construct sewers through any streets, avenues or alleys or parts thereof of the said city and to certify to the said council of any such city the estimated cost of the said construction to the end, that the same shall be paid for and assessed upon the property abutting upon those streets, avenues or alleys, or the parts thereof through which said sewers may be constructed in accordance with the provisions of this supplement and in accordance with the various provisions of law now enacted or hereafter to be enacted applicable thereto and not inconsistent with this act. Pro- Petition vided that before any such improvement shall be ordered by any such city council there shall be filed with the city. clerk a petition praying for the same signed by the owners of a majority of the lots and lands to be assessed therefor counted in feet abutting upon the streets, avenues and alleys in which any such sewer is to be constructed.

therefor.

SECTION 2. That said original section 2406-95 of the Repeals, etc. Revised Statutes of Ohio be and the same is hereby re

pealed 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 April 23, 1902.

CARL L. NIPPERT,

President of the Senate.
140G

[Senate Bill No. 163.]

AN ACT

To amend section 1271 of the Revised Statutes, as amended March 8, 1889, as amended March 8, 1893, as amended February 26, 1896.

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

attorney:

SECTION 1. That section 1271 of the Revised Statutes Prosecuting of Ohio, as amended March 8, 1889, as amended March 8, 1893, as amended February 26, 1896, be hereby amended so as to read as follows:

Assistant

prosecuting

attorneys in

Hamilton

Sec. 1271. In Hamilton county the presiding judge of the court of common pleas, the presiding judge of the superior court of Cincinnati, and the probate judge, may appoint a first assistant and a second assistant prosecuting In Cuyahoga attorney. In Cuyahoga county the judges of the court of

county.

county.

Special

assistants.

In Franklin county.

In Lucas county.

Salary.

Term.

Repeals

common pleas may appoint three assistant prosecuting at-
torneys, who shall also be assistant court solicitors. And
said judges may, from time to time, appoint such special
assistants to aid the prosecuting attorney, as in their opin-
ion the public business may require, who shall be paid out
of the treasury of the county, on the warrant of the county
auditor, such sum as the court may approve and order. In
Franklin county the judges of the common pleas court re-
siding therein may appoint a first assistant and a second
and a third assistant prosecuting attorney. In Lucas county
a majority of the judges of the court of common pleas re-
siding therein may appoint an assistant prosecuting attor-
ney. Such assistant prosecuting attorneys or assistant
prosecuting attorneys shall be appointed as aforesaid only
upon the nomination of the prosecuting attorney of such
counties, respectively, and shall receive such salary as shall
he fixed by the judges appointing them, not exceeding, in
Hamilton county, twenty-five hundred dollars to the first
assistant or eighteen hundred dollars to the second assist- .
ant; and not excceding, in Cuyahoga county, twenty-five
lundred dollars, nor less than two thousand dollars per an-
num and not exceeding, in Franklin county, two thousand
dollars per annum to the first assistant prosecuting attorney,
and fifteen hundred dollars per annum to the second assist-
ant prosecuting attorney; and not exceeding in Lucas
county, eighteen hundred dollars per annum to the assist-
ant prosecuting attorney. Such salary shall be paid out of
the treasury of the respective counties on the warrant of
the auditor of such county. The term of appointment for
such assistant prosecuting attorneys or assistant prosecut-
ing attorneys shall be one year from and after the day of
appointment, and when there is a vacancy the appointing
judges may renew the appointment as hereinbefore pro-
vided.

SECTION 2. Said section 1271, as amended February 26, 1896, 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.

Passed April 23, 1902.

CARL L. NIPPERT,

President of the Senate. 141G

[House Bill No. 348.]

AN ACT

To approve the sectional numbering in the third edition of Bates'
Annotated Ohio Statutes.

Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That the sections, subsections and sec-
tional references of acts of the general assemblies of this
state, as now incorporated in the third edition of Bates'
Annotated Ohio Statutes, be and the same are hereby ap-
proved; and the said edition of said statutes shall ever be
held prima facie evidence of the laws of this state so far
as they are contained in said edition, and all acts of the
75th general assembly which repeal, amend or supplement
any statute by reference to the sections, subsections and
sectional references as sections of Revised Statutes of Ohio,
is hereby declared to mean as contained in said Bates' Stat-
utes, and shall be held to repeal, amend or supplement the
original acts.

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

W. S. MCKINNON,

Speaker of the House of Representatives.

Bates AnnoStatutes (third edition) approved.

tated Ohio

Passed April 23, 1902.

CARL L. NIPPERT,

President of the Senate.
142G

[House Bill No. 415.]

AN ACT

To amend sections 3713-7 and 3713-8 of the Revised Statutes of

Ohio.

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

SECTION I. That 3713-7 and 3713-8 of the Revised Agricultural Statutes of Ohio, be amended so as to read as follows:

corporations:

Sec. 3713-7. That whenever any person or persons, Trespass. corporation or association, whether incorporated or otherwise, shall be possessed of, as owners, or shall have the lawful custody of any tract or parcel of land within this state, for the purpose of an agricultural or other fair grounds, or for the purpose of meetings of pioneers, or for public or private entertainments or other lawful assemblages, or for the protection of trees, plants and shrubs, or either of them, or the fruits and products thereof, or for any one or all of said purposes, it shall be unlawful for any person or persons to enter or go upon said grounds, either through or over any fence, or in any manner, without the consent and permission of the owner or owners thereof, or other person having lawful control of the same, or in violation of the regulations of the same; and, in case of the

Penalty.

Repeals, etc.

holding a state, county, township, or independent fair, it shall be unlawful for any person or persons to injure, molest, remove or in any way to disturb any exhibits or property of any kind contrary to the rules of the state, county, township or independent board or society, or industrial association, under the control and management of which said. fair may be held.

Sec. 3713-8. Whoever shall wilfully, and in violation. of the provisions of section 3713-7 of the Revised Statutes of Ohio, enter or go upon any lands referred to in said section, or shall injure or destroy any tree, plant, shrub or other property thereon, or shall take or carry away any fruit, nut or other thing of value, or shall wilfully damage or destroy any fence enclosing said lands, or shall injure, molest, remove or in any way disturb any exhibit or property of any kind contrary to rules, shall on conviction thereof be fined in any sum not exceeding three hundred dollars nor less than five dollars, or be imprisoned in the jail of the proper county, or in any city, town, or village prison or lockup (when the offense shall have been committed within the corporate limits thereof) for any period not exceeding three months, and until said fine and costs are paid, or both fine and imprisonment, at the discretion of the court; and shall moreover be liable, in a civil action to the party damaged thereby, in double the value of the property taken, carried away or destroyed, and in double the amount of the damage thereto, to be recovered before a justice of the peace or other court of competent jurisdiction.

SECTION 2. That said original sections 3713-7 and 3713-8 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.
CARL L. NIPPERT,

Passed April 23, 1902.

President of the Senate. 143G

Power to bor

row money

and issue

bonds:

Dayton:

When may be

sold at private sale.

[House Bill No. 746.]

AN ACT

To supplement section 2709 of the Revised Statutes of Ohio, with sectional numbering 2709-1.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 2709 of the Revised Statutes of Ohio be supplemented by the enactment of supplemental statute 2709-1, as follows:

Sec. 2709-1. That whenever in any city of the second grade of the second class bonds of the corporation are issued, and have been offered to the officers of the city hav

ing charge of its indebtedness in their official capacity, and said officers have refused to take all or any part of such bonds at par and accrued interest for the benefit of such corporation, sinking fund or debt, the board of city affairs. of such city may, before advertising such bonds for sale, offer them to the trustees of the policemen's benefit fund of such city, and to the trustees of the firemen's relief fund of such city, at par and accrued interest, and if such offer be made, then only such part of such bonds as such trustees refuse to take, shall be advertised and sold at public sale, in accordance with section 2709 of the Revised Statutes of Ohio.

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

W. S. MCKINNON,

To amend section 3692 of the Revised Statutes of Ohio

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

SECTION I. That section 3692 of the Revised Stat- Ohio state utes of Ohio be amended so as to read as follows:

board of agriculture:

ing of

Sec. 3692. There shall be held in the city of Columbus Annual meeton the first Thursday after the second Monday in January, board. an annual meeting of the Ohio state board of agriculture, together with the president of each county agricultural society or the duly authorized delegate therefrom who shall for the time being be ex officio members of the state board of agriculture for the purpose of deliberation and consultation as to the wants, prospects and conditions of agriculture throughout the state; and at such meeting the several reports from the societies shall be delivered to the president of the state board of agriculture; provided that in any county having no agricultural society, the presidents of the farmers' institutes of the county, and holding meetings under the auspices and by the direction of the state board of agriculture, or a majority thereof, are hereby authorized and empowered to choose a representative to the annual meeting, who shall upon presentation of the proper certificates be entitled to all the privileges conferred on ex officio members by this section. At this annual meeting Election of there shall be elected two members of the state board of officers. agriculture whose term shall be five years and until their successors are elected. Only the presidents of county agricultural societies or the duly authorized delegates there