(4364-89p) Sec. 5. The chief examiner and dis. examiners shall give their whole time and attention to the duties of their offices respectively. The chief examiner shall be located in Columbus, and shall have his office in the state house, where shall be kept the records of his office, and for the purpose of keeping such records shall be allowed one clerk at a salary not to exceed $1,000 per annum, said clerk to be appointed by the chief examiner, with the approval of the governor, and to give a bond in the sum of $1,500. The chief examiner shall issue such instructions, make such rules and regulations for the government of the district examiners, not inconsistent with powers and duties vested in them by law, as shall secure a uniformity of action and proceedings throughout the different districts. The chief examiner shall receive a salary of $1,800 per annum, and the district examiners shall each receive a salary of $1,200 per annum, which salary and all necessary traveling and office expenses incurred by said examiners in the discharge of their duties, shall be paid out of the treasury of the state from any fund therein not otherwise appropriated, on the warrant of the auditor, on the presentation to him of the proper vouchers. The chief examiner shall give a bond in the sum of $3,000, and the said district examiners shall each give a bond in the sum of $2,000. All bonds required by this act to be given shall be approved by the governor.

Duties, bond, salaries, etc.

obtained.

(4364-899) Sec. 6. Any person who desires to act License, how as a steam engineer shall make application to any district examiner of steam engineers for a license so to act, upon a blank furnished by the examiner; provided, however, that said applicant shall have had not less than one year's practical experience as a fireman, or oiler, and if, upon examination, the applicant is found trustworthy and competent, a license shall be granted him to have charge of, or to operate such plant as for which he has taken an examination. Such license shall continue in force for one year, unless after a proper hearing it is sooner revoked for intoxication or other sufficient cause, the said license to be renewed yearly.

Who entitled to out examination.

license with

(4364-89r) Sec. 7. Any person to whom a license is issued under the provisions of this act shall at the expiration of one year from the date thereof be entitled to a renewal thereof for one year, uness, in the opinion of the district examiner of his district such renewal should be refused, in which event such person shall have the right to appeal to the chief examiner provided for in section 9. (4364-89s) Sec. 8. The fee for license and exam- Fees, reports, ination shall be $2.00 and the fee for renewal of license shall be $1.00. All fees collected and received by the district examiners from the issue of licenses and the renewal of the same shall be, on or before the 5th day of each month, remitted to the chief examiner at Columbus, to- . gether with a monthly report of the business of their offices.

etc.

Anneals from decision of district examiners.

Notice.

Penalties.

Exhibition of license.

Repeals.

Said chief examiner shall pay into the treasury, to the credit of the general revenue fund, all moneys and fees by him received from the district examiners, and on or before the Ioth day of each month, said chief examiner shall file a monthly report with the governor, of the business of his office and the amount of money received by him and paid into the state treasury.

(4364-897) Sec. 9. Any person dissatisfied with the action of any district examiner in refusing or revoking a license may appeal to the chief examiner, who shall investigate the action of said district examiner; if, upon such investigation, said chief examiner finds that the district examiner was justified in refusing or revoking such license, he shall sustain the district examiner in his action, but should said chief examiner find that the district examiner was not justified in refusing or revoking such license, he shall order said district examiner to issue a license to the person making the appeal.

(4364-89) Sec. 10. It shall be the duty of each district examiner to notify every person operating a boiler or engine in his district mentioned in section 1, and not included in the exceptions therein specified, to apply for a license under this act, and to give such person a reasonable opportunity to take the examination therefor; provided, that all persons holding license issued to them under the act of the general assembly of the state of Ohio, passed March 1st, 1900 (94 O. L., 33-36) shall not be required to submit to a further examination during the period covered by such license first issued. But such former license shall evidence the qualifications of such person to operate the kind of steam plant, and for the period as therein designated, unless such license is sooner revoked for cause.

(4364-897) Sec. 11. Any owner, user or engineer, who after being notified, as provided in section 10 of this act, violates any of the provisions of this act, shall be fined not more than $100 nor less than $10. The examiners shall have the authority and are hereby empowered to visit any and all engine rooms or boiler rooms in the state, at all reasonable hours.

(4364-89w) Sec. 12. It shall be the duty of every engineer to exhibit his license under glass in a conspicuous place in his engine room. Any violation of this section shall be punishable by a fine not exceeding $5.00.

SECTION 2. 2. That said original sections 4364-891, 4364-89m, 4364-891, 4364-890, 4364-89p, 4364-899, 436489r, 4364-895, 4364-89t, 4364-89u, 4364-89v, and 4364-89w of the Revised Statutes of Ohio be and the same are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after May 1st, 1902.

W. S. MCKINNON,

Speaker of the House of Representatives.

Passed March 13, 1902.

CARL L. NIPPERT,

President of the Senate. 40G

[Senate Bill No. 79.J

AN ACT

To supplement section 1271 of the Revised Statutes of Ohio, relating to the appointment of assistant prosecuting attorneys.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 1271 of the Revised Statutes Prosecuting of Ohio be supplemented so as to read as follows:

Sec. 12714. That the judges of the court of common pleas of Franklin county, Ohio, residing therein, may, whenever the business of the office requires in the manner and as provided in section 1271 of the Revised Statutes for the appointment of assistant prosecuting attorneys in said county, appoint a third assistant prosecuting attorney whose salary shall not exceed twelve hundred ($1,200) dollars per year. SECTION 2. This act shall take effect and be in force from and after its passage.

A. G. COMINGS,

Speaker pro tem. of the House of Representatives.

F. B. ARCHER,

President pro tem. of the Senate.

attorney:

Assistant prosney in Frank

ecuting attor

lin county.

Salary.

le amend section 4730 of the Revised Statutes of Ohio, as amended

April 16, 1900.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 4730 of the Revised Statutes Supervisors and of Ohio be amended so as to read as follows:

road work:

Destruction of weeds, etc., on highways.

brush, briers,

Sec. 4730. All pike superintendents and turnpike directors having control of and being charged with the duty of repairing macadamized, graveled and improved roads and turnpikes, all supervisors of county and township roads. and the street commissioners of any city or village shall between the first and twentieth days of June, and between the first and twentieth days of August, and if necessary, between the first and twentieth days of September of each year, cut and burn, or destroy, or cause the same to be done, all brush, briars, burrs, vines, Russian and Canadian or common thistle, or other noxious weeds, growing or being within the limits of any county or township road, turnpike, improved, graveled or macadamized road, street, or alley Compensation. within his jurisdiction; such supervisor, turnpike director, or pike superintendent shall be allowed reasonable compensation which shall not exceed $1.50 per day for all necessary labor employed by him in the performance of said work, to be allowed in the case of county and township roads by the trustees and paid by the treasurer of the town

Owner or tenant may perform such labor; compensation.

Destruction of briers, brush, etc., on toll roads and railways; penalty.

Repeals, etc.

ship out of the road fund, or general fund, and in the case of macadamized, graveled and improved roads and turnpikes, such labor is to be allowed and paid for out of the turnpike fund of the county and in the same manner as would be done in the event of a repair thereof, but a street commissioner shall be allowed and paid, for any such services performed by him, by the proper municipal authorities; the supervisor or superintendent of any such roads shall allow any land owner or tenant to cut and destroy any such brush, briers, burrs, vines, thistles or other noxious weeds, growing or being on such roads along the lands abutting on such roads owned or occupied by such land owner or tenant, but before the said work is performed shall fix a reasonable compensation therefor, which shall be credited on the road tax of that year assessed against said premises; provided, however, that such land owner or tenant shall do said work or cause the same to be done before the first day of the month in which such work is required to be done as specified in this section. The superintendent, or manager of any toll, steam or electric road shall cut, burn or destroy, or cause the same to be done, all brush, briers, burrs, vines, Russian, Canada or common thistle, or other noxious weeds growing or being within the limits of any such road between the days of each month as above specified in this section, and in default thereof, and for five days thereafter, the trustees of any township through which any such road passes, shall cause the same to be done, and shall have the right of action against any such toll, steam or electric road company for the amount of such work, together with one hundred per cent. penalty, and cost of action to be recovered before any justice of the peace of such county.

SECTION 2. That said section 4730, as amended April 16, 1900, is hereby repealed, and this act shall take effect and be in force from and after its passage.

Officers of civil townships:

Settlement of persons.

[Senate Bill No. 11.]

AN ACT

To amend section 1493 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 1493 of the Revised Statutes be amended so as to read as follows:

Sec. 1493. Any person who has a legal settlement in any county in this state shall be considered as having a legal settlement in any township, or corporation therein,

in which he or she may have last resided continuously and supported himself or herself for three consecutive months without relief, under the provisions of law for the relief

of the poor.

SECTION 2. That said original section 1493 be and the Repeals. same is hereby repealed.

SECTION 3. This act shall take effect and be in force

from and after its passage.

W. S. MCKINNON.

To amend sections 4241 and 4242 of the Revised Statutes of Ohio.

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

SECTION I. That sections 4241 and 4242 be amended Fences: so as to read as follows:

Sec. 4241. When the inclosures of two or more persons are divided by a partition fence of any kind, and either of the parties think proper to vacate his part of such inclosure, or to make a lane or passage between such adjoining inclosures, such person may remove his share or part of such partition fence, on giving six months' notice in writing of such intention, to the party owning or occupying the adjoining inclosure, or his agent, if such party is not a resident of the county, provided that the foregoing provisions of this section shall not be applicable to owners of narrow strips of land not more than two rods in width between adjoining farms of other persons while used and occupied by such owners for the purpose of farm outlets, to and from public highways; in such case the owners thereof unless otherwise provided for, shall keep and maintain in good repair, one-half of such partition fence, on either side of such farm outlet, or private right of way (whether such farm outlet or private right of way be wholly enclosed or not.) Sec. 4242. When any controversy arises about the rights of owners of adjoining lands, both of which are enclosed, (or one of which is enclosed, and one of which is a farm outlet or private right of way to a public highway), in relation to building or maintaining partition fences, and their obligation to build and maintain the same in good repair, either party may apply to the trustees of the township in which such premises or fence are situate, who, on application, after not less than ten day's written notice to all parties interested in the title or possession of the premises or the construction or repair of the fence, proceed to view the fence,

When party may remove his tion fence.

share of parti

Duty and ship trustees in controversies fences.

power of town

over partition