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Repeals.

of said county that, in the opinion of the commissioners of said county the agricultural interests of said county will best be promoted by the establishment of another and additional society and site whereon to hold fairs; upon the organization of such additional society in the manner provided herein, said additional society shall be entitled to receive out of the county treasury the sum provided in this section and also be entitled to the provisions of other sections of the statutes in reference to county agricultural societies.

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Ohio penitentiary:

Appointment, salaries and

bonds of offi

employes.

[Senate Bill No. 154.]

AN ACT

To amend section 12 of an act entitled "An act relating to the appointment and salaries of officers of the Ohio penitentiary,” as amended April 10th, 1896 (O. L., vol. 92, p. 142), and numbered as section 7388-15 in the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 12 of an act entitled “An act relating to the appointment and salaries of officers and other employes of the Ohio penitentiary as amended April 10th, 1896 (O. L., vol. 92, p. 142) and numbered as section 7388-15 in Revised Statutes, be amended so as to read as follows:

(7388-15) Sec. 12. It shall be the duty of the warden with the advice and consent of the board of managers to cers and other appoint the following named officers whose compensation shall be as follows: Deputy warden, at a salary of twelve hundred dollars per year, and who shall give bond for the sum of five thousand dollars, payable to the warden, for the benefit of the state of Ohio; a clerk at a salary of fifteen hundred dollars per year, who shall give a like bond in the sum of ten thousand dollars; an assistant clerk whose salary shall be at the discretion of the board, not exceeding ten hundred dollars per year; the chaplain who shall also act as librarian at a salary not to exceed one thousand [dollars] per year; the steward at a salary of twelve hundred dollars per year who shall also give a bond, conditioned the same as the deputy warden for the sum of ten thousand dollars; a physician at a salary of ten hundred dollars per year; the assistant deputy warden at ten hundred dollars per year;

guards.

the superintendent of school at eight hundred dollars per year; and said superintendent shall be accredited as a guard; one superintendent of construction, at not to exceed twelve hundred dollars per annum; and the following named officers at a salary not exceeding nine hundred dollars per annum: One day assistant physician, who shall also be superintendent of the hospital; one night physician, one storekeeper, one postmaster, one superintendent of subsistence, one superintendent of transfers and halls, one superintendent of piece price, one superintendent of state shops, one day captain of the guard room, one night captain of the guard room, one captain of the night watch, one superintendent of yards, one superintendent of gas and electric (lights), salary not to exceed twelve hundred dollars per annum; one stenographer, at a salary not to exceed forty dollars each calendar month; the male guards, sixty-five dollars, and the female guards who shall (also) be matron and assistant matron, fifty dollars each calendar month; provided each guard shall be allowed not to exceed four- Vacation of teen days vacation each year without reduction of pay; provided, that no guard shall be required to work more than Hours of labor sixty-six hours in any one week; the warden may also appoint as hereinbefore provided, such other officers and employes as may be necessary to carry on the moral and religious features of the institution, each of whom shall receive not to exceed seven hundred and eighty dollars per year. The appointees herein provided for, shall be selected Qualification for their fitness and qualifications for the position to which employees. they may be appointed or employed, and shall hold their offices or places for two years, or unless (sooner) removed Removals. in accordance with the provisions of section 7413; provided Representafurther, that one guard, or one of the minor officers, shall be appointed from each county until the necessary number is secured. Provided, however, the board may appoint a secretary of the board of managers, at a salary not to exceed fifteen hundred dollars per annum, who shall serve during the pleasure of the board. All the appointees herein provided for shall be paid monthly out of the state treasury on the warrant of the state auditor.

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.

Passed May 6, 1902.

F. B. ARCHER,

President of the Senate.
270G

per week.

and term of

tion from each county.

Secretary of managers.

the board of

Payment of

salaries.

Procedure in probate court:

When appeals

may be taken from probate

of common

pleas.

[Senate Bill No. 272.]

AN ACT

To amend section 6407 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 6407 of the Revised Statutes be amended so as to read as follows:

Sec. 6407. In addition to cases specially provided for, appeals may be taken to the court of common pleas, from court to court any order, decision or judgment of the probate court in settling the accounts of an executor, administrator, guardian, and trustees, and assignees, trustees and commissioners of insolvents; from an order removing or refusing to remove an executor, administrator, guardian, assignee, trustee or other officer appointed by the probate court; in proceedings for the sale of real estate for the payment of debts; in proceedings to increase or diminish the allowance made by appraisers of any estate to any widows or minor child or children for their support one year; in proceedings against persons suspected of having concealed, embezzled or conveyed away the property of deceased persons; in cases for the completion of real contracts, and from order or decision in the administration of insolvents' estates by assignee, trustee or commissioners; and in proceedings to appoint guardians for trustees for lunatics, idiots, imbeciles, or drunkards, by any person against whom such order, decision, or decree shall be made, or who may be affected thereby; and the cause so appealed shall be tried, heard, and decided in the court of common pleas in the same manner as though the said court of common pleas had original jurisdiction thereof.

Repeals.

SECTION 2. That said original section 6407 of the Revised Statutes of Ohio be and the same are hereby repealed. SECTION 3. This act shall take effect and be in force. from and after its passage and shall apply to all cases pending in any court.

W. S. MCKINNON,
Speaker of the House of Representatives.
F. B. ARCHER,
President of the Senate.
271G

Passed May 6, 1902.

Preamble.

[House Bill No. 593]

AN ACT

To authorize the governor of Ohio to convey certain lands in Henry county, Ohio, to John Vocke.

WHEREAS, On and for some time prior to the 13th day of December, A. D. 1853. J. D. Phillips and Samuel E. Stafford were the owners in fee simple of the following described tracts or parcel of land, situate in the town of Napoleon, county of Herry, and state of Ohio, to wit:

Commencing at a point where the west line of Scott street intersects the south side of Front street, thence westerly along the south side of Front street, three chains, thence south twenty-six degrees east and parallel with Scott street, two chains to the Maumee river, thence along the Maumee river to the west side of Scott street, thence northerly along the west line of Scott street to the place of beginning known as the mill lot; also a parcel of land at the northwest corner of said mill lot, running north twenty-six degrees west to the towing path of the Miami and Erie canal, thence east along the said towing path fifty-two links, thence south twenty-six degrees east to the north side of said mill lot, thence west along said mill lot to the place of beginning.

Being the property conveyed by Phillips and Stafford to the state of Ohio, containing in all one hundred and three rods, more or less, except a strip of land four rods wide, being a continuation of Front street as surveyed, platted and recorded as Phillips' and Stafford's second addition to the town of Napoleon, Ohio; and,

WHEREAS, On the said 13th day of December, 1853, the said J. D. Phillips and Samuel E. Stafford, in consideration of a certain lease to Augustus Pilliod who contracted to purchase said premises from said Phillips and Stafford for a mill site, whch lease to said Pllliod was for the period of thirty years from the 1st day of November, 1853, of certain water privileges in connection with the use of said premises, for such term by the board of public works of the state of Ohio, executed in due form of law, their deed of conveyance, wherein the said J. D. Phillips and the said Samuel E. Stafford conveyed the said premises to the state of Ohio, which deed of conveyance is duly recorded in vol. 7 on page 332 of the record of deeds of said county; and

WHEREAS, Afterward, to-wit: About the first day of January, 1854, the said J. D. Phillips and Samuel E. Stafford executed and delivered to said Augustus Pilliod a good and sufficient deed releasing and quit-claiming to said Augustus Pilliod and his heirs and assigns forever all their right, title, and interest in said premises; and on the 7th day of September, 1864, the said Augustus Pilliod by a like deed sold and conveyed all his right, title, and interest in said premises to John H. Vocke; and on the 28th day of June, 1884, the administrator of said John H. Vocke, by order of the probate court of said county, duly sold and conveyed the right, title, and interest of the said John H. Vocke to Caroline Vocke, who on the 19th day of December, 1888, by her deed of that date, remised, released and forever quitclaimed to Herman H. Vocke, and John Vocke, their heirs and assigns forever all her right, title, and interest in and to said premises; and afterwards the said Herman H. Vocke, by his last will and testament, duly bequeathed and devised all his right, title and interest in and to said premises to the said John H. Vocke, his heirs and assigns forever; and

Governor authorized to

and to John

Vocke.

WHEREAS, On the 19th day of May, 1876, the board of public works of the said state of Ohio, leased to the said John H. Vocke, additional water privileges, to be used in connection with said lease made by said board of public works to said Augustus Pilliod, January 9th, 1854, which 'said last lease, was then owned by said John H. Vocke; and WHEREAS, On the 8th day of May, 1894, the said lease of said premises and water privileges so made by said board of public works to said Augustus Pilliod January 9th, 1854, having expired and the said Herman H. Vocke, and John Vocke having succeeded to all the rights of said Augustus Pilliod in and to said premises, the said board of public works of said state of Ohio, renewed said lease to the said Herman H. Vocke, and John Vocke for a further period of thirty years from the first day of November, 1883; and on the 12th day of May, 1896, the same board of public works leased to said Herman H. Vocke and John Vocke additional water privileges to be used in connection with said prior leases; and

WHEREAS, For a long time prior to September 5th, A. D., 1900, the said board of public works being unable to furnish the water privileges provided for in the said leases, to Herman H. Vocke and John Vocke, and in the lease to said John H. Vocke of date of May 8th, 1876, the said leases were fully paid up to said date of September 5th, 1900, and surrendered to the said board of public works for cancellation, leaving the title to the said premises in the state of Ohio with no power under the laws of the said state to reconvey the same to said Herman H. Vocke and John Vocke; and

WHEREAS, The said John Vocke is now in the use and occupancy of said premises and save and except any claim thereon or interest therein, of the state of Ohio, is the sole owner of said premises in fee simple, and entitled to have and to hold the same with the appurtenances thereunto, belonging to himself his heirs, and assigns forever; now therefore

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That the governor of said state of Ohio, convey certain be, and he hereby is authorized and empowered upon satisfactory proof to him of the truth of the several recitals in the foregoing preamble, to make, execute, sign, seal and deliver to the said John Vocke, a deed of conveyance therein and thereby conveying to the said John Vocke, his heirs and assigns forever, all right, title and interest of the state of Ohio in and to said above described tract or parcel of land to-wit:

Commencing at a point where the west line of Scott street intersects the south side of Front street, thence westerly along the south side of Front street, three chains; thence south twenty-six degrees east and parallel with Scott street two chains to the Maumee river; thence along the Maumee river to the west side of Scott street; thence north

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