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Cities and villages; enumeration of powers.

[House Bill No. 156.]

AN ACT

To supplement section 1692 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 1692 of the Revised Statutes of Ohio be supplemented by the enactment of supplemental statute 1692i, as follows:

Sec. 16921. To provide for the cutting, mowing, keeping down or removal of tall, unsightly or noxious weeds, vines or grass on vacant lots, commons or other unoccupied property, and to prescribe penalties for the enforcement thereof.

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,

President pro tem. of the Senate.

Passed April 25, 1902.

173G

Dissolution

of corporations:

Affidavit to be attached to petition.

Repeals, etc.

[House Bill No. 250.]
AN. ACT

To amend section 5653 of the Revised Statutes of Ohio.

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

SECTION I. That section 5653 of the Revised Statutes of Ohio be amended so as to read as follows:

Sec. 5653. To every such petition there shall also be annexed an affidavit of one or more of the applicants, or in case they are all nonresidents of the county in which the petition is filed, then an affidavit of the agent or attorney of one or more of the applicants, that the facts stated in the application, and the accounts, inventories, and statements contained therein or annexed thereto, are just and true, so far as the affiant knows, or has the means of knowing.

SECTION 2. vised Statutes of

That said original section 5653 of the ReOhio be, and the same is hereby repealed.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,

President pro tem. of the Senate. 174G

Passed April 25, 1902.

[Senate Bill No. 312.]

AN ACT

To amend section 5302 of the Revised Statutes of Ohio, as amended, April 16, 1900, as amended March 26, 1902, relative to bills of exceptions.

ceptions:

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 5302 of the Revised Statutes Bills of exof Ohio, as amended April 16, 1900, O. L. Vol. 94, p. 397, as amended March 25, 1902, be amended so as to read as follows:

lowance and signing.

Absence of

trial judge.

record.

counsel.

Sec. 5302. If the exception be not true, then, after it Time of its alis 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 is not necessary; or in case of the absence of the trial judge or judges from the district or circuit, on or before the fifth day of the next ensuing term of the court, in accordance with the provisions of section 5301; the bill of exceptions shall be filed with the pleadings, and if the party Filing and filing the same shall request it, made part of the record, but not spread upon the journals. And an entry of the Entry upon allowance and signing of the same must be entered upon journal. the journal of the court within the time fixed for such allowance and signing. Provided, that where exceptions Submission to are not allowed and signed during the progress of the trial, opposite 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, shall be absent from the district or circuit as provided in section 5301, 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 or judges may at his or their discretion extend the time for 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.

Submission to trial judge or judges for signature.

Extension of time for sign

ing.

Repeals.

SECTION 2. Said section 5302 as amended April 16. 1900, as amended March 25, 1902, 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,

President pro tem. of the Senate.

Passed April 28, 1902.

175G

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[Senate Bill No. 1.]

AN ACT

Fixing the penalty for an attempt upon the life of certain public officers.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That whoever maliciously, willfully and within this state shall make an attempt by any means whatsoever, to take the life of the president or vice president of the United States, or of any cabinet officer in the line of succession to the presidency under the laws of the United States, shall, on conviction, if such attempt results in the death of the person upon whom such attempt is made, suffer the death penalty.

If any such attempt shall not result in the death of the person upon whom such attempt is made, the person making such attempt, shall, on conviction, be imprisoned in the penitentiary for life.

SECTION 2. Whoever maliciously, willfully and within this state shall make an attempt by any means whatsoever to take the life of the governor or lieutenant governor of the state of Ohio, or of the governor or lieutenant governor of any state, territory or possession of the United States shall, on conviction, if such attempt results in the death of the person upon whom such attempt is made, suffer the death penalty.

If any such attempt shall not result in the death of the person upon whom such attempt is made, the person making the attempt shall, on conviction, be imprisoned in the penitentiary for not less than twenty years, and such person may in the discretion of the court, be imprisoned in the penitentiary for life.

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,

President pro tem. of the Senate.

Passed April 28, 1902.

176G

[Senate Bill No. 44.]

AN ACT

For the control and management of lakes, reservoirs and state lands dedicated to the use of the public for park and pleasure resort purposes.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That all lakes, reservoirs, and state lands that have been heretofore or that may hereafter be dedicated or set apart for the use of the public, for park and pleasure resort purposes, shall be under [the] control and management of the board of public works, the chief engineer of the public works and the Ohio canal commission acting jointly, as said boards now discharge their official duties when leasing state lands; provided, that in case the said board of public works, the chief engineer of the public works, or the Ohio canal commission, or either of them, shall be discontinued by statutory provision or otherwise, then said management and control shall devolve upon the remaining members of said joint board or their successors having charge of the leasing of state lands.

SECTION 2. And be it further enacted that the said board of public works, the chief engineer of the public works and the Ohio canal commission, in the discharge of their luties relating to the management and control of said public parks and pleasure resorts, shall have power to describe and enforce such rules and police regulations, subject to statutory provisions, as may by them be deemed necessary for the proper protection and safety of the public, and in carrying out such police regulations, the joint board, provided for in the first section of this act, may expend for police patrol purposes upon each of said parks or pleasure resorts, a sum not exceeding $350.00 per annum out of the receipts or rentals derived from the lease of lands or special privileges made or granted in connection with the use of such parks or reservoirs as pleasure resorts but no sum greater than such earnings of any park or pleasure resort shall be expended upon it for such purposes.

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of police

powers.

SECTION 3. The joint board provided for in the first Appointment section of this act shall have power to appoint police patrol- rolmen. men to preserve order and protect the public at any state reservoir and adjacent state land that has been dedicated or set apart for a public park or pleasure resort, and such police patrolmen shall have the same power and authority, in the discharge of their official duties, as is conferred by the statutes of Ohio on constables, and their jurisdiction Jurisdiction. shall be coextensive with the counties touching or including any portion of such public park or pleasure resort, and before entering upon the duties of his office, each police patrolman shall give bond to the state of Ohio in any sum Bond. not exceeding $1,000.00 nor less than $500.00, to be approved by the joint board provided for in the first section of this act, conditioned for the faithful and diligent dis

Oath.

Fund for maintaining, improving and policing such parks.

Secretary of board of public works shall act as secretary to joint board; duties.

Report of canal col

lectors.

charge of his duties, and shall take an oath of office, to be administered by the president of the board of public works, which oath shall be indorsed on the back of the bond, which shall be filed for safe keeping in the office of the state board of public works.

SECTION 4. And be it further enacted that all revenues derived from the granting of special privileges connected with such parks or pleasure resorts as aforesaid, shall be set apart as a special fund, for the purpose of maintaining, improving and policing the same, and such of receipts not more than two thousand dollars during the first year, nor more than one thousand dollars during any subsequent year shall be expended under [the] direction of the joint board provided for in the first section of this act upon warrants drawn by the president of the board of public works, after a majority of the members of each board, [comprising] composing said joint board, have approved the bills or accounts for which such warrants are drawn at any regular or called session of said joint board.

SECTION 5. It shall be the duty of the secretary of the board of public works to keep a regular journal of all the proceedings of the joint board meetings relating to such parks or pleasure resorts, and enter the same in a separate book to be kept for that purpose. The said secretary shall also keep a separate account of all revenues derived from leases of state lands in and adjacent to said parks or pleasure resorts, likewise of all funds derived from the sale of special privileges in connection with the same, and shall credit, in a separate account, to each park or pleasure resort, all moneys derived from the lease of lands or sale of special privileges in connection with such parks or pleasure resorts. Said secretary shall also furnish, as often as may be necessary to such canal collectors as are charged with the duty of collecting the rentals to be derived from land leases and from the sale of special privileges in connection with such parks or pleasure resorts, a list embracing the names of all persons from whom such revenues are to be collected, together with a description of the lands embraced in such leases, likewise of the special privileges for which rentals are to be collected.

SECTION 6. The canal collectors charged with the duty of collecting the rentals for leases of state land in or adjacent to said parks, and for special privileges in connection therewith, shall keep such accounts in separate books to be provided for that purpose, and in transmitting such funds to the state treasurer, such canal collectors shall accompany the same with a separate statement, giving the names of the persons from whom and for what purposes such moneys were collected, and to what park or pleasure resort such funds are to be accredited, and shall furnish duplicate statements to the board of public works and auditor of state.

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