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or premises where the fence is to be built, and assign, in

writing, to each party his equal share thereof, to be by him Assignment of

constructed or kept in repair so as to be in all respects a good fence to be constructed or re and substantial fence; the assignment shall also specify the ties; how made. time within which such fence and each of its parts shall be

constructed or repaired; and shall be binding upon the parties and all succeeding occupants of the premises for one year thereafter, and until a new assignment is made. Provided, however, that if the owner is a nonresident of the county, then the notices provided for in this section and section four thousand two hundred and forty-three, may be served on his authorized agent or the person occupying the premises, and at the same time they shall mail a notice to the

owner if his postoffice address is known. Repeals, etc.

SECTION 2. That said sections 4241 and 4242 be and the same are hereby repealed, and this act shall be in force from and after its passage.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 March 14, 1902.

44G

(Senate Bill No. 103.)

AN ACT

Classification and change of districts: Township dis. tricts may be come village districts.

To aniend section 3891 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 3894 of the Revised Statutes of Ohio be amended to read as follows:

Sec. 3894. The board of education of any township district may decide to submit, and, on petition of two-thirds of the electors of the district, shall submit, at the first regular election for township officers after such decision is made or petition received, the question whether such township district shall be governed by the provisions of this title relating to village districts; and the board shall give notice of the vote to be taken, by posting up written or printed notices, in ten or more public places in the township, at least twenty days prior to such election.

SECTION 2. Section 3894 of the Revised Statutes of Ohio is hereby repealed, and this act shall take effect and be in force from and after its passage.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. l'assel Varch 17, 1902.

Repeals, etc.

45G

(Senate Bill No. 5.)

AN ACT

To amend section 7332 of the Revised Statutes of Ohio, as amended

April 17, 1882.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 7332 of the Revised Statutes Verdict, and of Ohio be amended so as to read as follows:

proceedings

thereon: Sec. 7332. Upon sentence of any person for felony, the officers claiming costs made in the prosecution shall de- Cost bill in case liver to the clerk itemized bills thereof, who shall make and made up and certify, under his hand and the seal of the court, a complete certified. bill of the costs made in the prosecution, including any sum paid by the county commissioners for the arrest and return of the convict on the requisition of the governor, or on the request of the governor made to the president of the United States, which said complete bill of costs shall be presented by the clerk to the prosecuting attorney, and it shall be his duty to examine into the correctness and legality of each and every item therein charged, and to certify to the same if correct and legal.

SECTION 2. That said original section 7332, as amended Repeals, etc. April 17, 1882 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 March 14, 1902.

46G

[House Bill No. 70.)

AN ACT

To provide for the appointment of an additional official stenographer

for the supreme court of the state of Ohio. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That the supreme court of the state of Additional Ohio may, if in the opinion of a majority of the court it

stenographer for

supreme court. shall be deemed necessary after the passage of this act, appoint one official stenographer in addition to the one already appointed, for the use of said court, for the term of three years from the date of said appointment, and may thereafter, every three years, appoint a successor for the same term of

office.

SECTION 2. The stenographer, appointed under this Salary. act, shall receive a salary of one thousand dollars per year, payable in monthly installments, out of the state treasury upon the certificate of the chief justice.

SECTION 3. Said stenographer shall take an oath of Oath, duties, office as official stenographer of said court, and shall perform such duties as said court shall designate, and may be re

removal, etc.

Equipment.

moved by the court at any time for incompetency, neglect of duty, or other good cause. In case of removal, appointment may be made for the unexpired term.

SECTION 4. The state shall furnish to such stenographer a typewriting machine, and all necessary materials for use in the performance of the duties of stenographer to said court, which shall be and remain the property of the state of Ohio.

SECTION 5. 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 March 14, 1902.

47G

[House Bill No. 270.)

AN ACT

Sheriff and coroner:

powers, duties and salaries.

To amend and supplement section 1209a and to amend section 1221

of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 1209a be and the same is

hereby amended so as to read as follows: Coroner's as - Sec. 1209a. The coroner in all counties having a city sistants in Ham ilton county;

of the first grade of the first class may appoint a clerk, at a salary not to exceed $1,200.00 per annum; and a deputy coroner at a salary not to exceed $1,500.00 per annum, who shall be a pathologist and shall make all autopsies required by the coroner, and who shall have full power to do and perform all duties imposed by law upon the coroner of such counties, in the absence or inability of the coroner or when directed by the coroner to perform such duties; and an official stenographer, at a salary not to exceed $1,200.00 per annum, whose duty it shall be to report all testimony taken orally before the coroner; and a special constable at a salary not to exceed $1,200.00 per annum, whose duty it shall be to serve all writs authorized by law, to be issued by the coroner, and who shall give bond as required by law of other constables; and such clerk, deputy coroner, official stenographer and special constable shall continue in office at the

pleasure of the appointing coroner but not beyond his term. Deputy coroner And the coroner in all counties having a city of the first class in Cuyahoga county: powers, of the second grade may appoint a deputy coroner, who shall duties and sal-' have power to do and perform all duties imposed by law

upon the coroner of said county in his absence, at a salary

not to exceed $1,500.00 per annum, and said coroner in all Stenographer.

counties having a city of the first class of the second grade may appoint a stenographer at a salary not to exceed $780.00 per annum, and the term of office of such deputy coroner and stenographer shall expire with the term of the appoint

ing coroner. And the auditor of each county aforesaid is authorized to draw monthly his warrants for the respective salaries aforesaid on the county treasurer, who shall pay the same out of any fund not otherwise appropriated.

SECTION 2. That said section 1209a be supplemented by the enactment of the following section, with sectional numbering as follows: Sec. 120gb. In counties containing a city of the first Coroner's fees

in Hamilton grade of the first class, the coroner shall be authorized to

county. charge for transcripts of verdicts, inquests or other proceedings of his office, the following fees: For transcript of a verdict, one dollar; for transcript of testimony or other proceedings, the same fees that are fixed by Sec. 480 Revised Statutes for transcripts made by official stenographers. Such fees shall be paid by the person ordering such transcripts, and shall be accounted for by the coroner as provided in section 1341. SECTION 3.

That section 1221 be amended so as to read as follows:

Sec. 1221. When information is given to any coroner Inquest by coro that the body of a person whose death is supposed to have

ner and proceed

ings thereon. been caused by violence, has been found within his county, he shall appear forthwith at the place where such body is, shall issue subpoenas for such witnesses as he deems necessary, and administer to them the usual oath, and proceed to inquire how the deceased came to his death, if by violence from any other person or persons, by whom, whether as principals or accessories before or after the fact, together with all the circumstances relating thereto; the testimony of the witnesses shall be reduced to writing, by them respectively subscribed, except when stenographically reported by the official stenographer of the coroner, and with the finding and recognizances hereinafter mentioned, if any, shall be by the coroner returned to the clerk of the court of common pleas of the county, and he shall, if he deem it necessary, cause the witnesses attending as aforesaid, to enter into recognizance, in such sum as may be proper, for their appearance at the succeeding term of the court of common pleas of the county, to give testimony concerning the matter aforesaid, and he may require any and all of said witnesses to give security for their attendance, and if they or any of them neglect to comply with the requirements made, he shall commit the person so neglecting to the prison of the county, to remain until discharged hy due course of law.

SECTION 4. That said sections 120ga and 1221 of the Repeals, etc. Revised Statutes of Ohio as now existing 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 March 14, 1902.

48G

(House Bill No. 202.] ·

AN ACT

County roads:

Roads vacated when unopened for seven years.

To amend section 4668 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 4668 of the Revised Statutes of Ohio be amended so as to read as follows:

Sec. 4668. Whenever, after the lapse of two years from the date of an order establishing a county road, the same or any part thereof remains unopened; and a petition setting forth such facts is presented to the county commissioners, signed by three or more of the original petitioners, or freeholders, resident along the line of said road, the county commissioners may in their discretion cause said road, or part thereof, to be opened by contract, but any county road, or part thereof, which has heretofore or may hereafter be authorized, which remains unopened for public use for the period of seven years after the order establishing said road is made or authority granted for opening the same, shall be, and the same is hereby vacated, and the authority granted for erecting the same barred by lapse of time.

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 pro tem. of the Senate. Passed March 14, 1902.

49G

(House Bill No. 393.)

AN ACT

To amend section 3924 of the Revised Statutes of Ohio.

Special districts:

Election of members of school board.

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

SECTION I. That said section 3924 of the Revised Statutes of Ohio be so amended as to read as follows:

Sec. 3924. There shall be elected annually, by ballot, on the first Monday of April, in each special district, by the qualified electors thereof, at the usual time and place of holding school elections in such district, one judicious and competent person to serve as member of the board for three years from the second Monday succeeding his election, and until the election and qualification of his successor; but in special districts hereafter established the first election for members of the board shall be held within twenty days after such establishment, at least five days' previous notice of which, stating the time and place of meeting, and signed by at least three electors of the district, shall be posted in

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