[Senate Bill No. 180.] AN ACT To amend section 6710 (as amended 93 O. L., 255) of the Revised Be it enacted by the General Assembly of the State of Ohio: Sec. 6710. A judgment rendered, or a final order made, by any circuit court, or a judge thereof, court of common pleas, or a judge thereof, probate court, insolvency court, or the superior court, or a judge thereof, may be reversed [vacated] or modified by the supreme court, on petition in error, for errors appearing on the record, in any case in quo warranto, mandamus, habeas, corpus, procedendo, or in which is involved the construction of the constitution of the United States, or the state of Ohio, or the jurisdiction of any court of this state, or the construction or validity of a treaty or statute of, or authority exercised under the United States, or in which the decision is contrary to that of any circuit court, and not in accord with a previous decision in the supreme court; but no petition in error in such cases, except as to the judgment or final order of the circuit court, or a judge thereof, or of the general term of the superior court of Cincinnati, shall be filed without leave of the supreme court, or judge thereof, and the supreme court shall not in any civil cause or proceeding, except when its jurisdiction is original, be required to determine as to the weight of evidence; and on application of any party excepting to a ruling or decision of the circuit court during the trial, or on motion for a new trial, such court shall find from the evidence and state on the record the facts upon which the alleged error arises, or which may be material in determining whether error has intervened or not. SECTION 2. error: Jurisdiction of supreme court in error. That section 6710 of the Revised Statutes Repeals. of Ohio, as amended April 25, 1898, be and the same is hereby repealed. SECTION 3. This act shall take effect from and after its passage, and shall apply to all causes of action existing, and actions pending at that time in all courts inferior to the supreme court. W. S. MCKINNON, Speaker of the House of Representatives. Passed May 12, 1902. F. B. ARCHER, President of the Senate. Finance and taxation: Municipal levies for special purposes. [Senate Bill No. 109.] To amend section 2683 of the Revised Statutes of the state of Ohio, Be it enacted by the General Assembly of the State of Ohio: Sec. 2683. In addition to the taxes specified in the last section, the council in each city and village may levy taxes annually, for any improvement authorized by this title, and for the following purposes: 1. For the real estate and right of way for any improvement authorized by this title. 2. For sanitary and street cleaning purposes, and for street improvements and repairs. And in cities of the second grade of the first class, such part of the funds raised for any of these purposes as the council deems necessary shall, upon the recommendation of the board of improvements, be appropriated monthly for keeping in repair the paved streets of such cities. 3. For improving highways leading into the corporation. 4. For wharves and landings on navigable lakes and rivers, and keeping the same in repair. 5. For constructing levees and embankments, and keeping the same in repair. 6. For constructing and maintaining bridges. 7. For improving any water course passing through the corporation. 8. For the erection and maintenance of infirmaries, and support of the out-door poor. 9. For the erection and maintenance of workhouses. IO. For erecting, enlarging, or improving corporation prisons. II. For the erection of houses of refuge and correction, and for the expense of maintaining and administering the same, above the receipts arising from the labor of persons confined therein, such sum as may be necessary to meet the same. 12. For the erection and repair of market houses, and for lighting, watching, and cleaning the same. 13. For erecting, enlarging, maintaining and improv ing hospitals. 14. For erecting, enlarging, and improving halls and public offices. 15. For the erection of school buildings, and such rate as may be prescribed by law for schools and schoolhouse purposes. 16. For the erection of buildings required by the fire department, the construction of reservoirs, the purchase of steam or other fire engines, and other apparatus, and for keeping the same in repair, and for the support of the fire department. 17. For erecting, enlarging, and improving waterworks, and for supplying the corporation with water. 18. For erecting, enlarging, and improving gas works, and for lighting the corporation. 19. For grounds for cemeteries and park purposes, inclosing, improving, embellishing, enlarging and keeping the same in repair. For the construction and repair of sewers, drains, and ditches; and where the corporation is divided into sewer districts, the levy shall be by such districts. 21. For the payment of the marshal and police authorized by this title. 22. To pay the interest on the public debt of the corporation, and to provide a sinking fund therefor, a sum sufficient to satisfy the interest as it accrues annually, to be applied to no other purpose. For the purpose of keeping up and maintaining a free public library and reading room; but no tax shall be levied for this purpose unless a suitable lot and building therefor, supplied with library furniture and fixtures, shall first be donated or leased to, or rented by the corporation. The council shall determine the amount to be levied for each of the purposes herein specified, and such part thereof must be placed on the tax list and collected annually as it shall by ordinance prescribe. SECTION 2. That said original section 2683 be and Repeals, the same is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. Speaker of the House of Representatives. Passed May 12, 1902. W. S. MCKINNON, F. B. ARCHER, President of the Senate. [Senate Bill No. 91.] AN ACT To provide for the recording by the probate court of receipts and memoranda in the conditional grants or devises of land or real estate. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That when any lands or real estate are left incumbered by the provisions or conditions of any deed or will, or other instrument of record, with the payment of money, or the performance of any act or acts, by the grantee or devisee, said grantee or devisee or their heirs Same by county recorder. or assigns, may, upon the payment of said money or the performance of the said act or acts, present the receipt of the payment of the money, or the proof of the performance of the act or acts, to the probate court of the county in which said lands or real estate is situate, whose duty it shall be to enter said payments and the proof of the performance of said act or acts, on the journal of the probate court and record said receipts and the proof of the performance of said act or acts, on the margin of the will record wherein said incumbrances are created, and order that the same shall be done in like manner on the margin of the deed record in the recorder's office by the county recorder and the same shall operate to relieve said lands and real estate from said incumbrances except for fraud; provided that no such record of said receipts or orders shall be made by the probate judge nor shall the probate judge enter proof of the performance of said act or acts as herein required until notice thereof has been given as is required by law for the settlement of administrators' and executors' final accounts. 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. Passed May 12, 1902. President of the Senate. 398G Preamble: [Senate Bill No. 127.] AN ACT Providing for the payment of certain expenses incurred by Troop "A" of the Ohio national guard. WHEREAS, The state of Ohio should be properly represented on public occasions through its military organizations and otherwise; and WHEREAS, Troop "A" of the Ohio national guard, aggregating 61 men equipped and mounted, accepted an invitation from the late president, William McKinley, to act as his personal escort or guard of honor during the ceremonies incident to his inauguration as president of the United States in the city of Washington, during the month of March, 1901, and thereby incurred large expense, part of which has been paid by the organization, and the balance secured by their personal obligations; therefore Be it enacted by the General Assembly of the State of Ohio: SECTION I. That there be and is hereby appropriated for troop "A", out of moneys in the treasury to the credit of the general revenue fund not otherwise appropriated the sum of eighteen hundred ($1,800.00) dollars to pay the expense in Appropriation 9. N. G. curred by said organization by reason of participation in the said presidential inauguration of the late President William McKinley. The auditor of state is directed to draw his warrant for said amount, payable to the commanding officer of said organization, upon vouchers approved by the adjutant general of Ohio. 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, Passed May 12, 1902. President of the Senate. [House Bill No. 764.] AN ACT To amend section 1027 of the Revised Statutes of Ohio. SECTION I. That section 1027 of the Revised Sta- County tutes of Ohio be amended so as to read as follows: auditor: amine records. Sec. 1027. The county auditor or any person author- Right to exized by him, in writing shall at all reasonable times have a right to examine and make memoranda from the records of deeds, mortgages and leases in any county in this state, free of charge. SECTION 2. That said original section 1027 of the Re- Repeals. vised 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, Passed May 12, 1902. President of the Senate. [House Bill No. 726.] AN ACT To amend section 1365-25 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 1365-25 of the Revised Sta- Fees and tutes of Ohio be amended so as to read as follows: costs: tension of Sec. 1365-25 Sec. 8. It shall be the duty of the county Cuyahoga commissioners to see that the provisions of this act are county exfaithfully complied with and that the county commissioners time for payshall also have power to extend at their discretion, for ment of taxes thirty days, the time for the payment of taxes. |