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failure to

rules of board.

with United

or within any building where live stock is housed, or to enter any railway car or any boat or other conveyance used in the transportation of live stock, for the purpose of inspec

tion and for the protection of the live stock of the state. Penalty for Sec. 4211-16c. The failure of any individual, company comply with or corporation to comply with the rules of the board of live

stock commissioners, or to respect its regulations with regard to diseased animals, when notified so to do, shall subject the offender to a penalty of not less than fifty ($50) dollars hor more than five hundred ($500) dollars, to be recovered by civil action in the county where the offense is committed or in the county of Franklin, and in addition to the penalty above provided, a person violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and 011 conviction shall be fined not less than fifty ($50) dollars nor more than two hundred ($200) dollars; slich fines and penalties to be collected in the name of the state of Olio, for the use of the board of live stock com

missioners. Coöperation Sec. 4211-16d. The board of live stock commissioners, States depart

is authorized to accept on behalf of the state the rules and ment of agri- regulations prepared by the commissioners of agriculture

- under and in pursuance of section three, of an act of congress, approved May 29, 1888. entitled "An act for the establislıment of a bureau of animal industry, to prevent the exportation of diseased cattle and to.provide means for the suppression and extirpation of pleuro-pneumonia and other contagicus diseases among comestic animals," and to cooperate with the authorities of the United States in the en

forcement of the provisions of sucli act. Power of in- Sec. 1211-166. The inspector of the bureau of animal

industry of the United States shall have the right of intry mod United spection, quarantine and condemnation of animais affected

of States. with any contagious, infectious, or communicable disease,

or suspected of being so affected, or that have been exposed to any such disease; and for these purposes are authorized and empowered to enter upon any ground or premises in the state. They shall have power to call upon any constables and peace officers to assist them in the discharge of their duties in carrying out the provisions of said act of congress; and it is made the duty of said officers to assist them when so requested. The inspectors shall have the same powers and protection as peace officers while engaged in the

discharge of their duties. Compensation Sec. 4211-17. In case of destruction of any animal

under the provisions of this act, the compensation to be destroyed.

made for the same by the state shall be computed upon the basis of the actual value of the diseased animal, if any, at the time of slaughter; for any animal that has been kept in the same building or enclosure two-thirds of such value, and in case of other animals destroyed for the extinction of such disease, the full value of the same without reference to the suspicion of contagion; provided, that no compensa

Spector of bureau of

for animals

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how made.

tion shall be made to any person who may have brought animals into the state affected with such contagious disease, or from a district in which such contagious disease existed, or who may have wilfully concealed the existence of such disease among his stock or on his premises, or may have by wilful neglect or purposely contributed to the spread of such contagion; and in appraising animals to be slaughtered as herein provided, no allowance shall be made on account of such animal being thoroughbred, or pedigree stock.

Sec. 4211-18. All claims against the state by owners Appropriation of animals slaughtered under the provisions of this act, shall, to pay claims; when approved by the board of live stock commissioners, be reported by said commission to the governor, to be by him communicated to the legislature with the recommendation, if the matter is approved by him, that the proper appropriation be made to pay such claims.

SECTION 2. That said original sections 4211-9, 4211- Repeals, etc. 13, 4211-15, 4211-16, 4211-17 and 4211-18 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 of the Senate.
Passed May 7, 1902.

278G

taxation:

cities.

[House Bill No. 815.]

AN ACT
To amend section 2690c of the Revised Statutes of Ohio.
Be it enacted by the General Issembly of the State of Ohio:

SECTION 1. That section 20900 of the Revised Stat- Finance and utes of Ohio be so amended as to read as follows:

Sec. 2690C. No tax shall be levied upon the property Approval of of any such city by the council thereof or any other authority levies by tax therein, except by the boards of education in cities of the of certain first grade of the first class, cities of the third grade of the first class, and cities of the first grade of the second class, for school and educational purposes, until approved by the board of tax commissioners aforesaid. Provided, that in Limitation of cities of the third grade of the first class boards of education levy, . shall not levy in excess of seven (7) mills on the dollar of the tax property thereof, in any one year.

SECTION 2. That said original section 26000 of the Repeals. Revised Statutes of Ohio 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.

F. B. ARCHER,

President of the Senate. Passed May 7, 1902.

279G

[House Bill No. 610.)

AN ACT

To further supplement section 2334 of the Revised Statutes of Ohio.

Assessments:

Sidewalks in cities in Hamilton county.

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

SECTION 1. That the following section be enacted as supplementary to section 2334 of the Revised Statutes of Ohio, with sectional numbering as follows:

Sec. 2334d. The provisions of sections 23340, 23346 and 23340, of the Revised Statutes of Ohio, shall apply to all cities in counties containing a city of the first grade of the first class in the same manner as the same is applicable to villages in such counties, and in cities of the first grade of the first class the board of public service shall have all the powers and perform all the duties authorized or required by said sections to be performed by council, and the president of said board of public service shall have all the powers and perform all the duties authorized or required in said section to be performed by the mayor, and no action or concurrence of council or of the board of legislation or the mayor of such cities shall be necessary.

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.

President of the Senate. Passed May 7, 1902.

280G

(House Bill No. 559.]

AN ACT

To supplement section 4047 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: Tica»wer of SECTION I. That section 4047 of the Revised Statutes school funds:

of Ohio be supplemented with sectional numbering as fol

lows: (incinnati;

Sec. 4047a.

In city districts in cities of the first grade of bord of edu- of the first class the receipts of the board of education from

any and all sources shall be paid to the treasurer of the paid to treat urer of school school funds, and such receipts shall be accepted by such

treasurer only after the order of the clerk of the board therefor has been approved by the auditor of the city located in whole or in part within such district, and no school money shall be paid out by the treasurer until the order signed by the president and countersigned by the clerk of the board of education therefor has been approved by the auditor of such city.

cation to be

fund

SECTION 2. That 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 of the Senate, Passed May 7, 1902.

2816

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To amend section 4002-18 of the Revised Statutes of Ohio.

maintain

exist.

Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 4002-48 of the Revised Stat- Schoolhouses

and libraries: utes of Ohio be amended so as to read as follows: Sec. 4002-48. Said board of education shall require Library asso

. said library association to render an account as often as it ciation to

render shall deem proper of all taxes so received by it, and how account. the same have been expended. Said association shall keep Shall maintain up and maintain in a public place in such city a public library free public lifree to all the inhabitants thereof, and to all persons residing within said school district. Provided further, triat if said City shall public library association shall for any cause cease to exist. brary if assothen all property of said association, real and personal, shall ciation cease immediately become vested in the city wherein said library association is established and maintained, and that had heretofore been taxed for the purpose of maintaining the same; and it shall become the duty of said city or municipality to have the charge of and care of such property in the same manner as other property of said city, and to carry out the educational purposes for which this act was originally in tended, and may, if occasion require, levy taxes for said May levy tax purposes upon the personal and real property of said city. and collect the same as other taxes are now levied and collected.

SECTION 2. That said original section 4002-48 of the Repeals. Revised Statutes of Ohio 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.

F. B. ARCHER,

President of the Senate.
Passed May 7, 1902.

282G

[Senate Bill No. 339.]

AN ACT

Bills of exceptions:

Time of its allowance and signing.

Absence of trial judge.

Filing and record.

Entry upon journal.

To amend section 5302 of the Revised Statutes of Ohio, as amended

April 16, 1900, as amended March 26, 1902, as amended April

28, 1902 relative to bills of exceptions. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 5302 of the Revised Statutes of Ohio, as amended April 16, 1900, (O. L., vol. 94, p. 397), as amended March 25, 1902, as amended April 28, 1902, be amended so as to read as follows:

Sec. 5302. If the exception be not true, then after it is corrected, the trial judge, or a majority of the judges composing the trial court, must allow and sign it before the case proceeds; or if the party excepting consents within fifty days after the overruling of the motion for a new trial, or the decision of the court when a motion for a new trial is not necessary; or in case of the absence of the trial judge or judges from the district or circuit, on or before the fifth day of the next ensuing term of the court, in accordance with the provisions of section 5301; the bill of exceptions shall be filed with the pleadings, and if the party filing the same shall request it, made a part of the record, but not spread upon the journals. And an entry of the allowance and signing of the same must be entered upon the journal of the court within the time fixed for such allowance and signing. Provided, that where exceptions are not allowed and signed during the progress of the trial, the party excepting shall submit the bill of exceptions to the opposite counsel for examination not less than ten days before the expiration of said fifty days, which counsel shall return the same within five days thereafter, and which bill of exceptions, after such submission to counsel shall not be altered, changed, interlined or in any manner mutilated by any person except by order of the trial judge, or judges authorized to sign the same, but if counsel have objections to any art of the bill he may so state in writing on a separate paper; and whoever violates this section by any such alteration, change, interlineation or mutilation shall be, by order of the trial judge or judges, punished as for contempt of court. .\nd unless the trial judge or judges shall be absent from the district or circuit as provided in section 5301, the same

hall be submitted for his or their signature, not less than live days before the expiration of said fifty days, and if aid trial judge or judges find the bill of exceptions to be ;ot correct, he or they shall correct the same or furnish tierewith to counsel written minutes wherein the same is 1o be corrected. Provided, further, that the trial judge or indges may at his or their discretion extend the time for

igning such bill of exceptions for a period not exceeding en days beyond the expiration of said fifty days; which exension must be endorsed on the bill of exceptions by said trial judge or judges.

Submission to opposite counsel.

Submission to trial judge or judges for signature.

:

Extension of time for signing.

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