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titled, "An act to create and perpetuate a board of trustees of the firemen's pension fund, and to provide and distribute such fund for the pensioning of firemen, and the widows and minor children and dependent mothers and fathers of deceased firemen; to authorize the retirement from all service, or the relief from active service, and the pensioning of any such member of the fire department, and for other purposes in connection therewith, in cities in the first grade of the second class"; an act passed March 29th, 1883, entitled, “An act to amend section i of an act entitled, 'An act to provide for tlie relief of disabled firemen in cities of the second grade of the first class,' as amended April 16th, 1881 (78 0. L., 137), and to amend sections 2 and 3 of said original act (77 O. L., 309)”; an act passed April 27th, 1896, entitled, “An act to create and perpetuate a board of trustees of the firemen's pension fund; to provide and distribute such fund for the pensioning of disabled firemen and the widows and minor children and dependent mothers or fathers of deceased firemen in cities of the third grade of the second class”; an act passed April 25th, 1898, entitled, “An act to create and perpetuate a board of trustees of the firemen's pension fund; to provide for the distribution of such fund, for the pensioning of disabled firemen and the widows and minor children of dependent mothers or fathers of deceased firemen in cities of the second class, third grade A”; an act passed January 21st, 1889, entitled, “An act to provide for the payment of one-half the taxes received from foreign insurance companies, in counties containing a city of the first grade of the first class, to the police relief fund of such city (1903-1)"; an act passed April 7th, 1893, entitled, “An act to amend an act entitled 'An act to provide for the payment of one-half the taxes received from foreign insurance companies in counties containing a city of the second grade of the first class, to the police department fund, to the police pension fund, and to the fire department pension fund,' passed March 22nd, A. D. 1893 (1945-1)"; an act passed March 23rd, 1898, entitled, “An act to provide for the payment of the whole of the taxes received from foreign insurance companies in counties containing a city of the second grade of the first class, to the fire department pension fund, to the police department pension fund and to the sanitary police force pension fund of such cities (1945-2)"; an act passed April 21st, 1898, entitled, “An act to amend an act passed March 23rd, 1898, entitled, “An act to provide for the payment of the whole of the taxes received from foreign insurance companies in counties containing a city of the second grade of the first class, to the fire department pension fund, to the police department pension fund, and to the sanitary police force pension fund of such cities (1945-2)"; an act passed February 23rd, 1898, entitled, "An act to provide for the payment of one-half the taxes received by cities of the third grade of the first class from foreign insurance companies, in counties containing a city of the third grade of the first class, to the police pen

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sion fund of such city (1997-1)”; an act passed April 15th, 1900, entitled, “An act to provide for pensioning policemen in cities of the second grade of the second class”; an act passed February 9th, 1900, entitled, “An act to amend section 5 of an act entitled, “An act to provide for the creation, maintenance and distribution of a policemen's pension fund in certain cities in which the tenure of office of members of the police department is during good behavior,' passed March 30th, 1898 (O. L., V. 93, 76).”

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 Senote.
Passed April 23, 1902.

135G

[House Bill No. 373.)

AN ACT

served.

To amend section 5044 of the Revised Statutes of Ohio, relating to

service of summons upon infants. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 5044 of the Revised Stat- Actual service: utes of the state of Ohio be amended as follows:

When the defendant is a minor, the service of summons Infants, how must be upon him, and also upon his guardian, or the father, or when neither can be found, upon the mother, or the person having the care of such infant, or with whom he lives, and the manner of service shall be the same as in the case of adults, and shall be made on said persons in the order named herein. SECTION 2. Section 5044 is hereby repealed.

Repeals.
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 April 23, 1902.

136G

[Senate Bill No. 179.]

AN ACT

Sewers and assessments therefor:

Certain cities authorized to consiruct sewers and assess cost on abutting property.

To amend secuon 1 of an act entitled, "An act to provide for the

Construction of sewers in cities of the third grade of the second class having a beard of public affairs,” passed April 15. 1889, (0. L, vol. 86, p. 360), as amended April 18, 1890, (O. L.,

vol. 92, p. 197). Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section I of an act entitled, “An act to provide for the construction of sewers in cities of the third grade of the second class, having a board of public affairs," passed April 15, 1889 (0. L., vol. 86, p. 360), as amended April 18, 1896 (O. L., vol. 92, p. 197), be amended so as to read as follows:

Sec. i. That in any city of the third grade of the second class having a board of public affairs or city council, the said board of public affairs or city council, shall have authority to construct sewers through any streets, avenues or alleys or parts thereof of the said city, and to certify to the said council of any such city the estimated cost of the said construction to the end, that the same shall be paid for and assessed upon the property abutting lipon those streets, averlies cr alleys, or the parts thereof through which said sewers may be constructed in accordance with the provisions of this supplement and in accordance with the various provisions of law now enacted or hereafter to be enacted applicable thereto and not inconsistent with this act. Provided, that before any such improvement shall be ordered by any such city council, there shall be filed with the city clerk a petition praying for the same, signed by the owners of a majority of tie lots and lands to be assessed therefor counted in feet abutting upon the streets, avenues and alleys in which any such sewer is to be constructed.

SECTION 2. Section 1 of an act, entitled, “An act to provide for the construction of sewers in cities of the third grade of the second class, having a board of public affairs," passed April 15, 1889 (0. L., v. 86, p. 360), as amended April 18, 1896 (O. L., V. 92, P. 197), be and the same 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 Representatices.

CARL L. NIIPERT,

President of the Senate. Passed April 23, 1902.

137G

Petition therefor.

Repeals, etc.

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(Senate Bill No. 23.)

AN ACT

To amend section 5023 of the Revised Statutes of Oliio.

to be

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

STION I. That section 5023 of the Revised Stat- Where action utes of Ohio be amended so as to read as follows:

brought: Sec. 5023. An action other than one of those men- Actions

against cortioned in the four preceding sections, against a corporation porations created under the laws of this state, may be brought in the other than county in which such corporation is situated, or lias or had tioned in secits principal office or place of business, or in which such 5023; where to corporation has an office or agent, or in any county in which bring. a summons may be served upon the president, chairman president of the board of directors or trustees or other citi officer ; but if such corporation is an insurance cmpany, the action may be brought in the county wherein t?“ Tags of action, or some part thereof, aruse; and if such ? isporation be organized for the purpose of mining us oera:ing for petroleum oil or gas, either exclusively or innection with other business, the action may be bros hi in any county where such corporation owns or operates a mine or a well for petroleum oil or gas, and the caus' oi action, or some part thereof, arose.

SECTIUN 2 Said original section 5023 is hereby re- Repeals, ctc. pealel, and this act stall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatiei's.

CARL L. NIPIERT,

President of the Senate - Passed April 23, 1902.

138G

institutes :

[House Bill No. 323.]

AN ACT
To amend sections 4086 and 4088 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 4086 and 4088 of the Re- Teachers' vised Statutes of Ohio be amended to read as follows:

Sec. 4086. A teachers' institute may be organized in Organization: any county, by the association of not less than thirty prac- teachers tical teachers of the common schools residing therein, who institutes. shall declare their intention in writing to attend such instifute, the purpose of which shall be the improvement of such teachers in their profession; such institute shall elect annu- Election of ally, by ballot, a president, secretary, and one member of

officers. an executive committee, said member of the executive committee to serve for a term of three years; provided, tha' at Term.

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utive commit

Bond.

to be held.

the first annual election held after the organization of any institute, there shall be elected three members of the executive committee; the one receiving the highest number of votes to serve for three years; the one receiving the next highest number of votes to serve two years; and the one receiving the next highest number of votes to serve one year. The president and secretary of the institute shall be ex officio members of the executive committee and shall

act as chairman and secretary of said committee. Vacancies.

Any vacancy in the office of president, secretary, or member of the executive committee caused by death, resignation, removal from the county or other cause, may be filled by the executive committee, the person elected to fill

such vacancy to serve until the next annual meeting of the Duty of exec- institute. It shall be the duty of this executive committee

to manage the affairs of the institute; which committee shall enter into a bond, payable to the state of Ohio, with sufficient surety, to be approved by the county auditor in double the amount of the institute fund in the county treasury, for the benefit of the institute fund of the county, and conditioned that the committee shall account faithfully for the money which will come into its possession, and make

the report to the commissioner of common schools, required When election by section four thousand and eighty-eight, and such election

of officers shall be held during the session of such institute and at time fixed by the executive committee thereof, of which election at least three days' notice shall be given the members of such institute by posting conspicuously in a room, where such institute is held, a notice of the time and place of holding such election and of the officers to be voted

for at such election. Report of

Sec. 4088. The secretary shall, within five days after the adjournment of the institute, report to the state commissioner of common schools the number of teachers in attendance at the institute, the names of instructors and lecturers attending said institute, the amount of money received and disbursed by the committee and such other informa

tion relating to the institute as the commissioner may reHis com- quire; the secretary may be allowed compensation not to pensation.

exceed ten dollars for making such report and for his services as secretary, to be paid out of the institute fund of the county, but no other compensation shall be allowed any officer or member of the executive committee; on failure to make such report, the secretary shall forfeit nd pay to

the state the sum of fifty dollars. Repeals, etc, SECTION 2. Sections 4086 and 4088 of the Revised

Statutes of Ohio are hereby repealed and this act shall take effect on its passage.

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

CARL L. NIPPERT,

President of the Senate. Passed April 23, 1902.

139G

secretary.

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