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in any court of competent jurisdiction in the city, special, village or township district in which the offense occurs, for such failure, and upon conviction, the parent, guardian or other person in charge, shall be fined not less than five dollars nor more than twenty dollars, or the court may in its discretion, require the person so convicted to give a bond in the penal sum of one hundred dollars, with sureties to the approval of the court, conditioned that he or she will cause the child under his or her charge to attend some recognized school within two days, thereafter and to remain at such school during the term prescribed by law; and upon the failure or refusal of any such parent, guardian or other person to pay said fine and costs or furnish said bond according to the order of the court, then said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days.

Sec. 4022-8. If the parent, guardian or other person Proceedings in charge of any child shall, upon the complaint under the juvenile disor -last section for a failure to cause the child to attend a derly persons. recognized school, prove inability to do so, then he or she shall be discharged, and thereupon the truant officer shall make complaint that the child is a juvenile disorderly person within the meaning of section 4022-4 of the Revised Statutes of Ohio. If such complaint be made before any mayor, justice of the peace, or police judge, it shall be certified by such magistrate to the probate judge. The probate judge shall hear such complaint, and if he determine that the child is a juvenile disorderly person within the meaning of section 4022-4 of the Revised Statutes of Ohio he shall commit the child if under ten years of age, and eligible for admission thereto, to a children's home, or if not eligible, then to a house of refuge if there be one in the county or to the boys' industrial school or the girls' industrial home, or to some other juvenile reformatory. No child over ten years of age shall be committed to a county children's home, and any child committed to a children's home, may on request of the trustees of such home and it being shown that it is vicious and incorrigible, be transferred by the probate judge to the boys' industrial school or the girls' industrial home. A child committed to any juvenile reformatory under this section, shall not be detained there beyond the age of sixteen years and may be discharged sooner by the trustees under the restrictions applicable to other inmates. Any order of commitment to a juvenile reformatory may be suspended, in the discretion of the probate judge, for such time as the child may regularly attend school and properly conduct itself. The expense incurred in the transportation of a child to a juvenile reformatory and the costs in the case in which the order of commitment is made, or the child discharged, or in which judgment is suspended, shall be paid by the county where the offense was committed, after the manner provided in section 759 of the Revised Statutes of Ohio. Provided, further, that if for

to

any cause the parent, guardian or other person in charge of any juvenile disorderly person as defined in section 4022-4 of the Revised Statutes of Ohio shall fail to cause such juvenile disorderly person to attend school, then complaint against such juvenile disorderly person shall be made, heard and determined in like manner as provided in case the parent proves inability to cause such juvenile disorderly per

son to attend school. Relief to

Sec. 4022-9. When any truant officer is satisfied that attend school any child, compelled to attend school by the provisions of required time. this act, is unable to attend school because absolutely re

quired to work, at home or elsewhere, in order to support itself or help support or care for others legally entitled to its services, who are unable to support or care for themselves, the truant officer shall report the case to the authorities charged with the relief of the poor, and it shall be the duty of said officers to afford such relief as will enable the child to attend school the time each year required under this act. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. In case the child, or its parents or guardian, refuse or neglect to take advantage of the provisions thus made for its instruction, such child may be committed to a children's home or a juvenile reformatory, as provided for in section 4022-8 of the Revised Statutes of Ohio. In all cases where relief is necessary it shall be the duty of the board of education to furnish text books free of charge and said board may furnish any further relief it may deem necessary, the expenses incident to furnishing said books and relief to be paid from the contingent funds of the school

district. As to institu- Sec. 4022-10. The provisions of this act shall apply

to children entitled under existing statutes, to attend school institution for

at the institution for the deaf and dumb or the institution for the blind, so far as the same are properly enforcible. Truant officers shall, within sixty days after the passage of this act, and annually between the first day of July and the first day of August, report to the probate judge of their respective counties the names, ages and residence of all such children between the ages of eight and eighteen years, with the names and postoffice address of their parents, guardians or the persons in charge of them; also a statement whether the parents, guardians or person in charge of each child is able to educate and is educating the child, or whether the interests of the child will be promoted by sending it to one of the state institutions mentioned. Upon information thus or otherwise obtained, the probate judge may fix a time when he will hear the question whether any such child shall be required to be sent for instruction to one of the state institutions mentioned, and he shall thereupon issue a warrant to the proper truant officer or some other suitable person, to bring the child before such judge at his office at the time fixed for the hearing; and shall also issue

tion for deaf and dumb or

the blind.

an order on the parents, guardian or person in charge of the child to appear before him at such hearing, a copy of which order, in writing, shall be served personally on the proper person by the truant officer or other person ordered to bring the child before the judge. If, on the hearing, the probate judge is satisfied that the child is not being properly educated at home, and will be benefited by attendance at one of the state institutions mentioned, and is a suitable person to receive instruction therein, he may send or commit such child to such institution. The cost of such hearing, and the transportation of the child to such institution shall be paid by the county after the manner provided, where a child is committed to a state reformatory under section 4022-8 of the Revised Statutes of Ohio; provided nothing in this section contained shall be construed to require the trustees of either of the state institutions mentioned, to receive any child not a suitable subject to be received and instructed therein, under the laws, rules and regulations governing such institutions.

Sec. 4022-11. Any officer, principal, teacher or other Penalties, person mentioned in this act, neglecting to perform any duty imposed upon him by this act, shall be fined not less than twenty-five dollars nor more than fifty dollars for each offense. Any officer or agent of any corporation violating any provision of this act, who participates or acquiesces in or is cognizant of such violation, shall be fined not less than twenty-five dollars nor more than fifty dollars. Any person who violates any provision of this act for which a penalty is not elsewhere in this act provided, shall be fined not more than fifty dollars. Mayors, justices of the peace, police Jurisdiction. judges, and probate judges shall have jurisdiction to try the offenses described in this act, and their judgment shall be final. When complaint is made, information filed, or indict- Violations by ment found against any corporation for violating this act,

corporations. summons shall be served, appearance made, or plea entered, as provided in section 7231, Revised Statutes of Ohio, except that in complaints before magistrates, service shall be made by the constable. In all other cases process shall be served, and proceedings had, as in cases of misdemeanor. In every case of complaint against a child involving commitment to any children's home or juvenile reformatory, the board of county visitors shall be notified and must attend and protect the interest of the child on the hearing, as provided in section 633-18 of the Revised Statutes of Ohio; and the order of commitment of the child to a state reformatory must show that the county visitors were so notified and attended the hearing. All fines collected under the pro- Disposition of visions of this act shall be paid into the funds of the school fines collected. district in which the offense was committed. Boards of Employment education are authorized to employ legal counsel to prosecute any case arising under the provisions of this act when it shall deem the same necessary, and the services of such counsel shall be paid for from the contingent fund of the district.

of attorney; compensation.

· Repeated

Sec. 4022-12. Every person who, after being once conviolations.

victed for violating any of the provisions of this act, shall be convicted of again violating any of the provisions of this act, may, in addition to the punishment by way of a fine elsewhere provided for, be imprisoned not less than ten days nor more than thirty days. On complaint, before a mayor, justice of the peace, or police judge of a second violation of this act involving punishment by imprisonment, if a trial by jury be not waived, a jury shall be chosen and the case tried, after the manner provided. in section 37180,

of the Revised Statutes of Ohio. Sufficient

Sec. 4022-13. It is hereby made the duty of every school accommelations to board of education in this state to provide sufficient accombe provided.

modations in the public schools for all children in their district compelled to attend the public schools under the provisions of this act. Authority to levy the tax and raise the money necessary for such purpose, is hereby given the

proper officers charged with such duty under the law. Costs in

Sec. 4022-14. No person or officer instituting prounder this act. ceedings under this act shall be required to advance, or

give security for costs; and if a defendant is acquitted or discharged, or if convicted and committed to jail in default of payment of fine and costs, the justice, mavor, police judge or probate judge, before whom such case was brought shall certify such costs to the county auditor, who shall examine and, if necessary, correct the account, and issue his warrant to the county treasurer in favor of the respective per

sons to whom such costs are due for the amount due to each. Repeals, etc.

SECTION 2. That said original sections 4022-1, 4022-2, 4022-3, 1022-4, 1022-5, 1022-6, 4022-7, 4022-8, 4022-9, 4022-10, 1022-11, 4022-12, 1022-13 4022-14, 4025, 4027 and 4029 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 12, 1902.

427G

[House Bill No. 738.]

AN ACT

To amend and supplement section 3235 and to amend section 3263

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

SECTION 1. That sections 3235 and 3263 of the Revised Statutes of Ohio, be amended and section 3235 be supplemented with sectional numbering as follows:

Creation of corporations, cic.:

Sec. 3233. Corporations may be formed in the manner for what purprovided in this chapter for any purpose for which indi- tions may be viduals may law fully associate themselves, except for carrying on professional business; but nothing in this section shall prevent the formation of corporations for the purpose of erecting, owning and conducting sanitoriums for the receiving of and caring for patients and for the medical, surgical and hygienic treatment of the diseases of such patients, and for instruction of nurses in the treatment of diseases and in hygiene; provided, that the articles of incorporation formed for the purpose of buying or selling real estate shall expire by limitation in twenty-five years from the date of being issued by the secretary of state. In case any real estate owned by any such corporation is not sold or disposed of by any such corporation within twenty-four years from the date of their respective articles of incorporation are issued, it shall be forthwith the duty of the board of directors of such corporation to institute action against the corporation and owners of liens upon or against such real estate proposed to be sold, by filing a petition in the court of common pleas in the county where such real estate is situated, praying for a sale of the real estate in the petition described ; and should any of such board of directors refuse to direct any officer to institute action as hereinbefore mentioned, and should such action not be instituted within sixty days after the expiration of the twenty-four years hereinbefore mentioned, it shall be the duty of the prosecuting attorney of the county wherein such real estate is situated, upon the expiration of said sixty days, to institute such action. Service of summons upon the defendants, appraisement and sale of such real estate, and distribution of the proceeds of the sale shall be made as provided in actions of foreclosure of mortgages and marshalling liens; provided, however, the court may allow the plaintiff, in case he be the prosecuting attorney, a just and proper attorney fee which shall be taxed with the costs of the action.

Sec. 3235a. If the organization is for profit, it must Corporations have a capital stock. Such stock may consist of common stock may be and preferred, or of common only, but at no time shall the common or

preferred. amount of preferred stock exceed two-thirds of the actual capital paid in in cash or property; and if both common and preferred it may be provided in the articles of incorporation that the holders of the preferred stock shall be entitled to dividends not exceeding eight per cent. per annum, payable quarterly, half yearly, or yearly, out of the surplus profits of the company each year in preference to all other stockholders, and such dividends may be made cumulative. Every corporation issuing both common and preferred stock Provisions in may create such designations, preferences, and voting reference to powers, or restriction or qualification thereof, as shall be stock. stated and expressed in the certificate of incorporation, and such preferred stock may, if desired, be made subject to redemption at not less than par, at a fixed time and price, to be expressed in stock certificate thereof. In case of the

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