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Repeals.

from and representatives chosen by the president of farmers' institutes not members of the board shall be entitled to vote for members of the board.

SECTION 2. That section 3692 of the Revised Statutes be and the same is hereby repealed.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.
CARL L. NIPPERT,

Passed April 23, 1902.

President of the Senate. 145G

Cities of second class, fourth grade, authorized to issue bonds

for cemetery purposes.

Denomination, time, rate, etc.

Tax levy.

[House Bill No. 740.]

AN ACT

To authorize cities of the second class, fourth grade, to issue bonds for cemetery purposes.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That the council of any city of the second class, fourth grade, three-fourths of the whole number of members of council elected thereto concurring and declaring the same to be necessary, be and it is hereby authorized and empowered to issue bonds of said city not exceeding in the aggregate the sum of five thousand dollars for the purpose of buying real estate and improving the same for cemetery purposes.

SECTION 2. Such bonds shall be in such denominations, run for such length of time not exceeding twenty years, and bear such rate of interest not exceeding six per centum per annum, payable semi-annually, as such council may by ordinance determine. Such bonds shall be designated cemetery bonds, shall be signed by the mayor and city clerk of such city, and sealed with the seal of the corporation, and shall be advertised and sold in the manner now, or which may hereafter be, provided by law for the sale of municipal bonds, and the proceeds of the sale thereof shall be applied exclusively to the purpose for which such bonds are issued.

SECTION 3. The council of any such city is hereby authorized, empowered and directed to levy and collect, from time to time, upon all taxable property of said city, a tax sufficient in amount to pay the principal and interest of any bonds which may be issued under authority of this act. Said tax to be levied and collected in the manner of levying and collecting other municipal taxes in the corporation.

SECTION 4. 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.
146G

[House Bill No. 589.]

AN ACT

To amend section 3959 of the Revised Statutes of Ohio, as amended
March 22, 1900; April 16, 1900, and February 18, 1902.

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

SECTION 1. That section 3959 of the Revised Statutes School funds: of Ohio be amended to read as follows:

levy in

Cincinnati.

Sec. 3959. Such estimate and levy shall not exceed, Maximum in cities of the first grade of the first class, three and onefourth mills; provided, however, that the boards of education in said cities may levy one mill additional for every five thousand pupils over and above twenty-five thousand enrolled in the public schools of said cities, which levy, however, shall in no case exceed four and one-tenth mills; and in cities of the second grade of the first class boards of Cleveland. education may levy for a period of five years and no longer, in addition to the seven mills, and the one mill for schoolhouse sites and buildings, hereinafter provided for, a tax not to exceed one-half of a mill on the dollar of valuation of taxable property within said districts, which said levy shall be used for the purchase of school-house sites and the erection of school buildings thereon and for the equipment of the same and for no other purpose whatever, and for the purpose of paying for such sites or for the construction of such buildings or for the equipment of the same such boards of education may issue certificates of indebtedness in anticipation of such levy payable at such times, and not exceeding one year from date of issue, as they may designate, but bearing no interest before maturity. Boards Other city of education in all city districts, except cities of the first grade of the first class, by an affirmative vote of threefourths of all the members elected, may levy, in addition. to all taxes allowed by law to be levied, a tax not to exceed one mill on the dollar of valuation of taxable property within said district, which levy shall be used for the purchase of school-house sites, the erection of school buildings thereon and the payment of indebtedness created for such purposes, and for no other purpose whatever; and for the purpose of paying for such sites or for the construction of such buildings such boards of education may issue certificates of indebtedness in anticipation of such levy, payable

districts.

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at such times not exceeding one year from date of issue as they may designate, but bearing no interest before maturity. In all township, special, and village districts in the state, such estimate and levy shall not exceed ten mills on each dollar of valuation of taxable property in the district. In all school districts not herein provided for, such estimate and levy shall not exceed seven mills on each dollar of valuation of taxable property in the district. A greater tax than is authorized above, except in city districts of the first class, may be levied for either of the purposes specified in section 3958 of the Revised Statutes of Ohio, if the proposition to make such levy shall have been first submitted by the board of education to a vote of the electors of the school district, under a resolution prescribing the time, place and manner of voting on the same, and approved by a majority of those voting on the proposition, notice of which election must be given by publication of the resolution for three consecutive weeks prior thereto, in some newspaper published and of general circulation in the district, or by posting copies thereof, in five of the most conspicuous places in the district, for a like period, if no such paper is published therein.

SECTION 2. Section 3959 of the Revised Statutes of. Ohio, as amended March 22, 1900; April 16, 1900, and February 18, 1902, 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.
CARL L. NIPPERT,

Passed April 23, 1902,

President of the Senate. 147G

Inspection

and examination of public institutions.

Auditor of state to appoint inspec

tor.

[House Bill No. 789.]

AN ACT

To provide for an inspection and examination of the public institutions of the state.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. A thorough and critical inspection and examination shall be made not less than six times each year of the financial transactions of all the public institutions of the state, and also such further inspection and examination of said institutions shall be made as may be deemed necessary by the governor and auditor of state, in order to provide a more efficient management of the affairs of said institutions. The auditor of state is hereby authorized and required to appoint a competent person, who shall employ all his time in making the inspections and examinations herein provided for and of the monthly financial statements now required by law to be filed by the officers of said insti

tutions with the auditor of state. Such inspections and examinations shall be made without giving any previous knowledge or notice of such intended inspections or examinations to any person, official or board connected with such institutions, whose books are to be inspected; and said inspector shall report the result of such inspections and examinations to the auditor 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.

CARL L. NIPPERT,

Passed April 23, 1902.

President of the Senate.
148G

[House Bill No. 703.]

AN ACT

To amend section 1709a of the Revised Statutes of Ohio.

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

SECTION I. That section 1709a of the Revised Stat- Officers of utes of Ohio be amended so as to read as follows:

cities and villages; Cincinnati.

Sec. 17094. In cities of the first grade of the first class Terms. the mayor, auditor, treasurer, police judge, corporation counsel, prosecuting attorney, and clerk of the police court shall each serve three years; and the city clerk shall serve three years provided that the incumbents of all of said offices, except comptroller and city solicitor, both in cities. which now are, and in those which may hereafter become cities of said class and grade, shall hold the same until the expiration of the terms of office for which they were respectively elected or appointed without change of compensation, and if the term of office of any such incumbent Vacancies. expire, whether from death, resignation or otherwise, before the time for holding such a general municipal election as provided in section 1708a, the vacancy thus caused and created shall be filled by the mayor with the advice and consent of the board of legislation, such appointee for such vacancy to hold until his successor, to be elected at the next following general municipal election for the election of mayor, auditor, treasurer, police judge, clerk of police court and corporation counsel, shall have been elected and qualified. Upon the election of the auditor and corporation Offices counsel as herein provided, the offices of city solicitor and abolished. comptroller shall cease and determine, and the auditor and corporation counsel shall in all respects be deemed successors of the comptroller and city solicitor, and, except as herein otherwise provided, shall perform the same duties, and have the same powers now conferred upon or required of the comptroller or city solicitor. The said officers, ex- Salaries.

cept incumbents, holding over as aforesaid, shall receive yearly salaries as follows: Mayor, $6,000; auditor, $5,000; corporation counsel, $5,000; treasurer, $3,500; the judge, prosecuting attorney, and clerk of the police court, the salaries which now are or may hereafter be prescribed by law and the city clerk, $3,500; which said several salaries shall be payable in monthly installments, and shall not be increased or diminished during the term of office of any of said officers, and none of said officers shall receive any Disposition of other or further compensation whatsoever. The compensation of all officers shall be stated by salary; and all fees and perquisites authorized by law or ordinance shall bet paid into the city treasury, and unless other wise provided, shall be credited to the general fund.

fees.

Repeals, etc.

SECTION 2. That said section 1709a of the Revised. Statutes of Ohio 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.

CARL L. NIPPERT,

Passed April 23, 1902.

President of the Senate. 149G

Labels and marks:

Registration

of names or other marks of ownership upon bottle or other vessel.

Publication.

[House Bill No. 333.]

AN ACT

To amend sections 4364-42, 4364-43, 4364-44 and 4364-45 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That sections 4364-42, 4364-43, 4364-44 and 4364-45 of the Revised Statutes of Ohio be amended so as to read with sectional numbering as follows:

4364-42. Any person or persons engaged in the selling of any merchandise, food or beverage in bottles or other vessels, and having a name or names, or other marks of ownership stamped or in any manner designated upon such bottles or vessels, or upon covers or stoppers or other attachments of the same, or upon boxes or receptacles used for the handling or transportation of the same, may file in the office of the secretary of state a copy or description of such name or names or marks of ownership so used by them, and cause a certified copy of such filing to be published once a week for four successive weeks in a newspaper printed in the English language in the county wherein their principal place of business is located, and if this be in a county where a German newspaper is printed, also in a newspaper printed in the German language, or if there be no such principal place of business in the state, then in a newspaper printed in the English language and in a newspaper printed in the German language in any county in the

state.

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