three of the most conspicuous places in the district; at such meeting a chairman and clerk shall be chosen, and there shall be elected three members of the board, one to serve until the second Monday of April next succeeding his election, and one to serve for one year and one for two years from said second Monday, and each to serve until the election and qualification of his successor. SECTION 2. That said original section 3924 be and the Repeals, etc. same is hereby repealed; and this act shall take effect on and after its passage. Speaker of the House of Representatives. W. S. MCKINNON, CARL L. NIPPERT, Passed March 19, 1902. President of the Senate. [House Bill No. 244.] AN ACT To amend section 3637 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 3637 of the Revised Statutes Insurance com of Ohio be so amended as to read as follows: Sec. 3637. No company organized under this chapter, or incorporated under any law of this state, for the purposes provided in section thirty-six hundred and thirty-two, shall invest its capital or any part thereof, otherwise than in: 1, United States bonds; 2, Ohio state bonds; 3, bonds of a county, township, or municipal corporation in this state, issued in conformity with law; 4, bonds and mortgages on unincumbered real estate within this state, worth double the amount loaned thereon; if the amount loaned shall exceed one-half the value of the land mortgaged exclusive of structures thereon, such structures shall be insured in an authorized fire insurance company other than the company making such loan in an amount not less than the difference between one-half the value of such land exclusive of structures, and the amount loaned, and the policy assigned to the mortgagee; 5, the stock of any national bank located in this state, organized under the provisions of an act of congress entitled "An act to provide a national currency, secured by the pledge of United States stocks, and to provide for the circu.ation and redemption thereof," approved February 25, 1863, and acts amendatory thereof and supplementary thereto; or, 6, first mortgage bonds of railroads within this state, upon which default in the payment of the interest coupons has not been made within three years previous to the purchase thereof, panies other than life: How company capital. must invest its Repeals. SECTION 2. That original section 3637 be and the same is hereby repealed.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. Passed March 19, 1902. CARL L. NIPPERT, President of the Senate. 5IG Conveyances and incumbrances: Vendor of property conditionally sold may session without repaying cer tain part of price paid; exception. [Senate Bill No. 21.] AN ACT To amena section 4155-3 regulating conditional sales of personal property. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 4155-3 of the Revised Statutes of Ohio, be amended so as to read as follows: Sec. 4155-3. Whenever such property except machinery equipment and supplies for railroads and contractors, not retake pos- and for manufacturing brick, cement and tiling, and for quarrying and mining purposes, is so sold or leased, rented, hired or delivered it shall be unlawful for the persons who so sold, leased, rented, hired delivered or his assigns or the agent or servant of either their agent or servant to take possession of said property, without tendering or refunding to the purchaser, lessee, renter, or hirer thereof or any party receiving the same from the vendor, the sum or sums of money so paid after deducting therefrom a reasonable compensation for the use of such property, which shall in no case exceed 50 per cent. of the amount so paid, anything in the contract to the contrary notwithstanding, and whether such condition be expressed, in such contract or not, unless such property has been broken, or actually damaged, and then a reasonable compensation for such breakage or damage shall be allowed. Provided, that the vendor shall not be required to tender or refund any part of the amount so paid unless said amount so paid to the vendor exceeds 25 per cent. of the contract price of the property. Proviso. Repeals. SECTION 2. Said section 4155-3 of the Revised Statutes of Ohio 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. Passed March 19, 1902. CARL L. NIPPERT, President of the Senate. 52G [House Bill No. 547.] AN ACT To provide for the administration of charitable trusts in certain cases. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. Whenever, by the last will and testament of any person which has heretofore been, or shall hereafter be, duly admitted to probate in this state or elsewhere, any decedent has devised or bequeathed, or may devise or bequeath, his or her property, or any portion thereof, for charitable uses within this state, or for the establishment and maintenance of any industrial or educational school or institution to be located at any place within this state; and whenever, in any such will and testament it has been, or may be, provided that the executor or executors thereof shall organize a corporation under the laws of this state for the purpose of receiving the property so devised or bequeathed, and carrying out the charitable purposes in such will expressed, or establishing and maintaining the institution or school therein provided for, and such will further provides for the management of such corporation by a board of trustees or directors, consisting, in part, of officials of this state, of the county in which such charities are to be administered or such institution or school located, the officials of any municipal incorporation in said county, and the member of congress for the district of which said county forms a part, or any o. such officials, and names any other person or persons to be associated with said officials or any of them, and provides for the appointment of a successor or successors to the person or persons so appointed to act with such officials in any manner specified in said will, such executor or executors, or his or their successors in office, and the persons hereinafter named, may constitute themselves a body corporate, with the general power of benevolent incorporations. SECTION 2. Such executor or executors, or his or their successors, shall associate with himself or themselves not more than two citizens and residents, other than the persons named in said will, of the county in which such charities are to be administered, or such institution or school located, and he or they and such associates shall execute and acknowledge and file with the secretary of state of the state of Ohio, articles of incorporation; or, in case he or they do not file such articles within sixty days from and after the passage of this act, or, in case of any will which may hereafter be so probated, within six months of such probate, then a minority of the officials for the time being named in any such will or testament may execute, acknowledge and file such articles, which shall in either case set forth: Administration trusts in certain of charitable cases. Articles of incorporation to be filed. What shall be set forth there I. A copy of the will or testament for the carrying out in. of whose provisions the incorporation is organized. 2. The name of the corporation, which shall include the name of the maker of such will, unless otherwise therein provided; and Who members and directors of corporation. Succession. Attorney general given proceedings to enforce such devise or bequest. 3. The location of such corporation. SECTION 3. The officers or officials named in such will or testament, together with the persons therein named, and in case the articles are filed by the executor or executors as hereinbefore provided, the citizens of said county, not exceeding two in number, who execute and acknowledge the same with such executor or executors, shall thereupon become the members and directors of such corporation; and as the term of any official expires, his successor shall thereupon, by virtue of his office, become one of the members and directors of such corporation, so that the officials named in said will shall, for the time being and from time to time, be directors of said incorporation. Upon the death or resignation of the person or persons named in such will as directors associated with such officials, his or their successor or successors shall from time to time be appointed in the manner provided in such will or testament, if provision therefor be made, otherwise by the board of directors, and he or they shall thereupon become members and directors of such incorporation. Upon the death or resignation of the two citizens of the county, or either of them, who have become directors by reason of joining in said articles of incorporation, his or their successor or successors shall from time to time be chosen by the board directors, and he or they shall thereupon become members and directors of such incorporation. SECTION 4. The attorney general of the state of Ohio power to bring shall in his official capacity have power to bring proceedings in any court of record to enforce any such devise or bequest, whenever he deems such action necessary for the protection and carrying out of the purposes named in said last will and testament, without waiting for the organization of such corporation. Officers of corporation. Constitution and by-laws. Directors to meet where. SECTION 5. The officers of such corporation shall consist of a president, secretary and treasurer, and such other officers as the board of directors may deem necessary. The president shall be a member of the board of directors. SECTION 6. The board of directors may adopt, and from time to time change, such organic rules, regulations and by-laws as they may deem expedient, not inconsistent with the constitution and laws of this state. SECTION 7. Until the estate shall be finally settled, the board of directors may meet in the state of the domicile of the testator. SECTION 8. This act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. Passed March 19, 1902. CARL L. NIPPERT, President of the Senate. 53G [Senate Bill No. 99.] AN ACT To amend section 4958 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 4958 of the Revised Statutes Specific duties of Ohio be so amended as to read as follows: Sec. 4958. The clerk shall enter on the appearance docket, at the time of the commencement of an action or proceeding, the names of the parties, in full, with names of counsel, and forthwith index the case, direct and reverse, in the name of each plaintiff and defendant; and in like manner and at the time it occurs, he shall also index the name of each person who may thereafter become a party to such action or proceeding; and he shall also enter, at the time it occurs, under the case so docketed, the issue of the summons or other mesne process or order, and the filing of each paper; and he shall record in full the return on such writ or order, with the date of its return to the court, which entry shall be evidence of such service. of certain offi cers: Entries on appearance docket and their effect. SECTION 2. That said original section 4958 as exist- Repeals, etc. ing before the passage of this act be and the same is hereby repealed, and this act shall take effect and be in force from Supplementary to section 2813a of the Revised Statutes of Ohio, Sec. 2813b. Each member of a decennial city board for the equalization of real property in any city of the second grade of the first class, who served as such member in the year 1900, or thereafter; or who served as a member of such board while sitting as a board of revision in the year 1901, or who has so served in the year 1902, agreeably to the provisions of section 2813a of the Revised Statutes, shall be entitled to receive compensation for any such services, as a member of either board, for his period of service, at the rate of ten dollars per diem, such compensation to be paid |