SECTION 2. That said section 6835 be, and the same FREEMAN T. EAGLESON, Speaker of the House of Representatives. . JAMES M. WILLIAMS, Passed April 9, 1908. Approved April 10, 1908. ANDREW L. HARRIS, Governor. 63G. [House Bill No. 1039.] AN ACT To amend sections 1, 2 and 3 of an act entitled, "An act authorizing the burial of honorably discharged ex-Union soldiers who served in the War of the Rebellion of 1861 to 1865," as amended April 16th, 1900, to provide an increased fund for burial of indigent soldiers. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That sections 1, 2 and 3 of an act entitled, "An act authorizing the burial of honorably discharged ex-Union soldiers who served in the War of the Rebellion of 1861 to 1865," as amended April 16th, 1900, be and the same is hereby amended so as to read as follows: Duties of missioners. county com Undertaker. how selected. Sec. 1. That it shall be the duty of the county commissioners of each county in the state to appoint two suitable persons in each township and ward in their respective counties, other than those prescribed by law for the care of paupers and the custody of criminals, whose duty it shall be to contract with the undertaker selected by the friends of any of the persons hereinafter mentioned, and cause to be interred, in a decent and respectable manner, in any cemetery or burial ground within the state, other than those used exclusively for the burial of paupers, and criminals, the body of any honorably discharged soldier, sailor or marine having at any time served in the army or navy of the United States, or the mother, wife or widow of any Mother, wife such soldier, sailor or marine, or any army nurse who did or widow. service at any time in the army of the United States, who shall hereafter die, not having the means to defray the necessary funeral expenses, at a cost not to exceed seventy- Maximum five dollars. cost. Forms of The committee so appointed shall use certain forms of contracts herein prescribed and hereafter described, and abide by the regulations provided by this act. Such committee contracts. so appointed shall hold their appointment so long as they serve to the satisfaction of the county commissioners. Whenever a vacancy occurs in such committee said commissioners shall appoint a suitable person or persons to fill such vacancy. Vacancies The members of said committee shall re- filled, how. Compensation. Duties of appointees. Report to commission ers. Itemized statement. Undertakers' blanks. ceive one dollar each from the general fund of said county for each service so performed. It shall be the duty of said committee to see that undertakers furnish all items specified in contract, and that in no case where the benefits of this act are claimed shall the entire cost of said funeral exceed the amount herein agreed upon. Sec. 2. It shall be the duty of the persons appointed in the foregoing section, before they assume the charge and expense of any such burial, to first satisfy themselves beyond a reasonable doubt, by careful inquiry, that the family of such soldier, sailor, marine, wife, widow, mother, dependent father, or army nurse, as before mentioned, is unable, for want of means, to defray the expenses, or that the family may be deprived of means actually necessary for their immediate support. Whereupon they shall cause to be buried such soldier, sailor or marine, wife, widow, mother, or army nurse, as provided in section 1 of this act; and they shall also report the same to the county commissioners of their county, setting forth the fact that they found the family of such deceased person in indigent circumstances, and unable to pay the expenses of burial, together with the name, rank and command to which he belonged if a soldier or sailor, the date of death, place where buried, occupation while living, also an accurate itemized statement of the expenses incurred by reason of said burial. Provided, however, that in any county in this state, where there is a home for indigent mothers, wives or widows of soldiers, or for army nurses, upon the death of any inmate of such home, the matron of such home may upon certificate, signed by the attending physician of said home, certify to the death of said inmate to the commissioners of the county from which the mother, wife, widow or army nurse was admitted to said home, and said commissioners shall proceed as provided in section 3 of this act. The undertaker so employed to perform such service herein described shall use blanks herein provided, specifying what he is to furnish for such service, signing the contract and leaving a copy with the committee with whom he makes his contract to read as follows: I, undertaker, residing at hereby agree to furnish the followwho and died ing items for the burial of body for burial when so requested; to furnish two carriages ...... bill, presented where. Distribution auditors. The undertaker must present his itemized bill and con- Itemized tract to the county auditor, using only blanks herein described, making oath that he has honestly and faithfully performed his contract, and that the bill and contract attached herewith presented is a true copy of the one left with the parties who engaged his services, and covers the entire expense of said funeral, before he can obtain his warrant. County auditors are hereby authorized by this act to have printed necessary blanks herein described, and of blanks by distribute the same to clerks of townships in their counties from whom undertakers can procure them, or at the county auditor's office, If, by reason of donations of carriages, owning of cemetery lot, or other items mentioned in the bill of particulars, a saving of money is effected, the amount of such saving shall go to the families of the deceased, or those who may have cared for the deceased in life, or remain in the general fund, of the county, at the discretion of the committee. Should it appear that a life insurance, or any fraternity funds should be coming to the family of Life insurthe deceased, the committee shall withhold their signatures to the contract until such matters are definitely settled. Discretion of committee. ance. Book to be kept by com Sec. 3. It shall be the duty of the county commissioners upon securing the report and statement of the expenses provided for in section 2 of this act, to transcribe in a book to be kept for that purpose, all the facts contained in such report, concerning such deceased soldier, etc., missioners. shall certify to the expenses thus incurred, to the county auditor, who shall draw his warrant for the same, payable to the person or persons designated by the county commissioners, upon the county treasurer, to be paid out of the county fund of said county. It shall be the duty of the county commissioners, upon the death and burial of any such soldier, sailor, or marine, etc., residing within their county at the time of death, to make application to the proper authorities, under the United States government, for a suitable headstone as provided by act of congress, and Headstone. cause the same to be placed at the graves of deceased soldiers, sailors, or marines. SECTION 2. That said sections 1, 2, and 3 be and the same are hereby repealed. Speaker of the House of Representatives. FREEMAN T. EAGLESON, JAMES M. WILLIAMS, President of the Senate. Passed April 9, 1908. Approved April 10, 1908. Township [House Bill No. 1060.] AN ACT To amend section 17 of an act entitled, "An act to authorize the improvement of public roads of townships including streets of cities or villages," passed April 22, 1904, relating to the issuing of bonds. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 17 of an act entitled, "An act to authorize the improvement of public roads of townships including streets of cities or villages" be amended so as to read as follows: Sec. 17. For the purpose of providing the money necessary to meet the expenses of improving such roads and streets the trustees of any township may, if in their opinion it be advisable, issue the bonds of the township, payable at such times as they may determine, not exceeding thirty years, in the sum of five hundred dollars each, bearing interest at a rate not to exceed five per centum per annum, payable semi-annually; and such bonds shall not be sold for less than their par value, and accrued interest, and the aggregate amount of the bonds of any township, at any one Not to exceed time outstanding, shall not exceed one hundred thousand $100,000.00. Sold to highest bidder. dollars. The sale of such bonds shall be advertised for at least thirty days and the same sold to the highest bidder, at the office of the trustees of such township. SECTION 2. That section 17 of an act entitled, “An act to authorize the improvement of public roads of townships including streets of cities or villages" be and the same is hereby repealed. FREEMAN T. EAGLESON, Speaker of the House of Representatives. To amend section 3439 of the Revised Statutes of Ohio and section 30 of the Municipal Code of 1902 in relation to the written consent of property owners to the construction of street railway tracks. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 3439 of the Revised Statutes of Ohio and section 30 of the Municipal Code of 1902 be amended so as to read as follows: Sec. 3439. No such grant shall be made until there is produced to council, or the commissioners, as the case may be, the written consent of the owners of more than one-half of the feet front of the lots and lands abutting on the street or public way, along which it is proposed to construct such railway or extension thereof; and the provisions of sections two thousand five hundred and one and of two thousand five hundred and three to two thousand five hundred and five, inclusive, so far as they are applicable, shall be observed in all respects, whether the railway proposed is an extension of an old or the granting of a new route; provided, however, that when such grant is made by the council of a municipal corporation for the construction of a street railway, either as a new route or as an extension of an existing route, on and along any part of any street or public way upon which a street railway has been operated within one year preceding under a grant or renewal of a grant which has expired or will expire within two years, it shall not be necessary to produce to such council any written consents from the owners of the lots and land abutting on such part of any street or public way; provided the number of tracks on any street, public way or part thereof is not increased beyond the number for which consents were originally obtained. Public notice of applica tion. Sec. 30. Nothing mentioned in section 2501 of the Revised Statutes of Ohio shall be done; no ordinance or resolution to establish or define a street railroad route shall be passed, and no action inviting proposals to construct and operate such railroad shall be taken by the council; and no ordinance for the purpose specified in section 2501 of the Revised Statutes of Ohio shall be passed until public notice of the application therefor has been given by the clerk of the corporation once a week, for the period of at least three consecutive weeks in one or more of the daily papers, if there be such, and if not, then in one or more weekly papers published in the corporation; and no such grant as mentioned in section 2501 of the Revised Statutes of Ohio shall be made, except to the corporation, individual or individuals, that will agree to carry passengers upon such proposed railroad at the lowest rates of fare, and shall have previously ob- Lowest rates. tained the written consent of a majority of the property holders upon each street or part thereof, on the line of the proposed street railroad, represented by the feet front of the property abutting on the several streets along which such road is proposed to be constructed; provided, however, that when within the year preceding there shall have been operated a street railway upon such street or part thereof, under a grant or renewal of a grant which has expired or will expire within two years, it shall not be necessary to No consent obtain the consent of the property holders abutting thereon; provided the number of tracks on any street, public way or part thereof is not increased beyond the number for which be increased. consents were originally obtained; and provided, further, that no grant nor renewal of any grant for the construction required. Number of tracks not to |