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out of the county treasury upon the warrant of the county Reimbursement auditor. Provided, that in any county having a city of the of fund; levy for.

second grade of the first class, for the reimbursement for all such compensation, so allowed and paid, the county commissioners shall, at their June session of the year 1902, levy a tax upon the taxable property of the county, in addition to the amounts otherwise authorized by law, sufficient in amount for said purpose, and at the settlements of the tax collections for the year 1902, the county auditor shall apportion from the taxes collected on said levy to the gen

eral county fund the amount used as above provided for. Certain sections SECTION 2. That the provisions of sections 1365-1, I of Revised Statutes shall 1365-2, 1365-3 and 1365-6 of the Revised Statutes shall not not apply.

apply to the compensation provided for by this act, or provided for by section 2813a, of the Revised Statutes, for the year 1900 and thereafter. And further, that the provisions of section 2813aa, known as senate bill No. 7, as passed January 24th, 1902, in so far as it conflicts with this act and not otherwise, be and the same is hereby repealed.

SECTION 3. That this act shall take effect and be in force from and after its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate. Passed March 25, 1902.

55G

[Senate Bill No. 64.]

AN ACT

Time of its allowance and

To amend section 5302 of the Revised Statutes of Ohio as amended

April 16, 1900. Relative to bills of exceptions.

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

SECTION 1. That section 5302 of the Revised Statutes exception:

of Ohio, as amended April 16, 1900, O. L., Vol. 94, P. 397 be amended so as to read as follows:

Sec. 5302. If the exception be not true, then, after it signing.

is corrected, the trial judge, or a majority of the judges composing the trial court, must allow and sign it before the case proceeds; or if the party excepting consents within fifty days after the overruling of the motion for a new trial or the de

cision of tlie court when a motion for a new trial is not necesAbsence of trial sary; or in case of the absence of the trial judge or judges judge.

from the district, on or before the fiftieth day of the next

ensuing term of the court, in accordance with the provisions Filing and of section 5301; the bill of exceptions shall be filed with the record.

pleadings, and if the party filing the same shall request it,

[graphic]

rature.

made part of the record, but not spread upon the journals. Entry upon

journal. And an entry of the allowance and signing of the same must be entered upon the journal of the court within the time fixed for such allowance and signing. Provided, that where ex- Submission to ceptions are not allowed and signed during the progress of spposite counthe trial, the party excepting shall submit the bill of exceptions to the opposite counsel for examination not less than ten days before the expiration of said fifty days, which counsel shall return the same within five days thereafter, and which bill of exceptions, after such submission to counsel shall not be altered, changed, interlined or in any manner mutilated by any person except by order of the trial judge, or judges authorized to sign the same, but if counsel have objections to any part of the bill he may so state in writing on a separate paper; and, whoever violates this section by any such alteration, change, interlineation or mutilation shall be, by order of the trial judge or judges, punished as for contempt of court. And unless the trial judge or judges Submission to shall be absent from the district as provided in section 5301, judges for sig. the same shall be submitted for his or their signature, not less than five days before the expiration of said fifty days, and if said trial judge or judges find the bill of exceptions to be not correct, he or they shall correct the same or furnish therewith to counsel written minutes wherein the same is to be corrected. Provided, further, that the trial judge Extension of

time for signor judges may at his or their discretion extend the time for ing. signing such bill of exceptions for a period not exceeding ten days beyond the expiration of said fifty days, which extension must be endorsed on the bill of exceptions by said trial judge or judges.

SECTION 2. Said section 5302 as amended April 16, Repeals. 1900 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.

Carl L. NIPPERT,

President of the Senate. Passed March 25, 1902.

56G

[Senate Bill No. 27.]

AN ACT
To amend section 5725a of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 5725a of the Revised Statutes Dower: of Ohio be amended so as to read as follows:

Sec. 57250. That any real estate 'or interest therein, Conveyance of coming to any person by purchase after the husband or wife from dower, if of such person is adjudged insane, and is an actual inmate wife of hus

.

band is insane.

of any asylum for the insane provided by this state, or confined in the insane department of any epileptic hospital of this state, or any state of this union, may be conveyed by such person, at any time while such insane husband or wife remains an inmate of any such asylum, free and clear, from any dower right, or expectancy of such insane person, and dower shall not attach to any such real estate both so acquired and conveyed during said time as aforesaid in favor of such insane person, and the indorsement upon the instrument of conveyance, by the superintendent of any such asylum that such husband or wife is an insane inmate of such asylum stating when received therein, signed officially by him, shall be sufficient evidence of the fact that such husband or wife is such insane inmate and such indorsement shall be a part of such instrument of conveyance.

SECTION 2. That section 5725a 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, Spearer of the House of Representatives.

Carl L. NIPPERT,

President of the Senate. Passed March 25, 1902.

Repeals.

57G

[Senate Bill No. 22.]

AN ACT

Trial on appeal:

Notice of appeal to circuit court and undertaking therefor.

To amend section 5227 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 5227 of the Revised Statutes of the state of Ohio be amended so as to read as follows:

Sec. 5227. A party desiring to appeal his cause to the circuit court shall, within three days after the judgment or order is entered on his docket by the trial judge file a written notice (1) of such intention, and, within thirty days after the entering of such judgment or order by the trial judge, (2) give an undertaking with sufficient surety, to be approved by the clerk (3) of the court or a judge thereof, as hereinafter provided.

SECTION 2. Said original section 5227 of the Revised Statutes of Ohio is hereby repealed and this act shall take effect and he in force from and after its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate. Passed March 25, 1902.

58G

Repeals, etc.

(Senate Bill No. 8.)

AN ACT

sewers.

To amend section 2397 of the Revised Statutes of Ohio, and to

supplement said section by adding thereto section 2397a. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 2397 of the Revised Stat- Assessments: utes of Ohio be and the same is hereby so amended as to read as follows: Sec. 2397. The council may provide for the construc- Construction of

branch or local tion of branch or local sewers within any street, or other public ground, within the corporation, wherein a main sewer is not established or built, which local sewers shall connect with a main sewer convenient thereto in the corporation, or with a main or branch sewer in an adjoining corporation, if, in the opinion of the council, the same be more convenient and advantageous; and if the corporation is divided into sewer districts, such connections, within the corporation, shall be with a main sewer in the district wherein said local sewers are constructed; but no sewer shall be considered local, except such as are intended and used exclusively for the drainage and accommodation of lots abutting thereon.

SECTION 2. That said original section 2397 of the Re- Repeals. vised Statutes of Ohio, be and the same is hereby repealed.

SECTION 3. That said section 2397 of the Revised Statutes of Ohio, be and the same is hereby supplemented by adding thereto section 2397a as follows:

Sec. 2397a. If, in the opinion of the council of any corporation, any branch or local sewer in any street or public grounds can be more conveniently and advantageously connected with a sewer of an adjoining corporation, such council may make application to the council of such adjoining corporation for the right to make and maintain such sewer connection, and just and reasonable compensation for such right shall be agreed upon between said councils and shall be paid by said corporation, and if the same be divided into sewer districts, shall be paid from the fund of the district wherein said streets or public grounds are situated. The manner of constructing said sewer connections and of making payment of said compensation shall be according to the terms of agreement between said councils.

SECTION 4. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

CARL L. NIPPERT.

President of the Senate. Passed March 25, 1902. .

59G

consent of

(Senate Bill No. 20.]

AN ACT
Fixing a penalty for the unauthorized presentation of dramatic plays

and musical compositions. Be it enacted by the General Assembly of the State of Ohio: Unlawful to

SECTION 1. That any person who causes to be publicly perform drainatic composi

performed or represented for profit any unpublished or untion without

dedicated dramatic composition or musical composition owner; penalty. known as an opera, without the consent of its owner or

proprietor, or who, knowing that such dramatic or musical composition is unpublished or undedicated and without the consent of its owner or proprietor permits, aids or takes part in such a performance or representation, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars and not more than three hundred dollars, or be imprisoned not less than thirty days or more than three months, or both.

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.

Carl L. NIPPERT,

President of the Senate. Passed March 25, 1902.

60G

(Senate Bill No. 122.]

AN ACT

Water works
in certain cities.

To authorize the council of any city of the fourth grade, second

class, which at the last federal census had a population exceeding 16,000, to issue and sell bonds to enlarge and extend water

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

SECTION 1. That the council of any city of the fourth grade, second class, which at the last federal census had, or which at any subsequent federal census may have a population exceeding sixteen thousand (16,000), in which city water works have been wholly or partially constructed, and in which a board of trustees has been elected therefor, is hereby authorized and empowered to enlarge and extend said water works; and the city council of any city for the purpose of any such enlargement and extension, is hereby authorized to issue the bonds of the city, not exceeding in the aggregate $50,000.00.

The bonds herein authorized to be issued may run any length of time not exceeding thirty years, at a rate of interest not exceeding six per cent, per annum, payable semiannually to be issued and sold according to law; the proceeds

Bonds.

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