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Sec. 7. As soon after the passage of this act as the aggregate compensation of the deputies, assistants, bookkeepers, clerks and employes of the various officers is fixed by the commissioners as provided in section 3, and on the first Monday of April, July, October and January, whenever necessary, during three years after said original act took effect, but not thereafter, the said commissioners shall enter an order on their journal transferring to the county officers' fee funds from any other fund or funds of the county in their discretion, such sums as may be necessary to make good any deficiencies in said funds, found by Deficiencies, them likely to arise during the next ensuing quarter, in how made consequence of the payment of the respective officers, deputies, assistants, bookkeepers, clerks, or other employes during such period, from the amounts then in or estimated to come into said funds for said period, derived from said respective offices.

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But nothing herein shail authorize any such transfer to be made for the payment of the county recorder or any Recorder, person appointed or employed by him.

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At the end of any quarter as fixed herein, the board of Quarterly county commissioners shall transfer from the county officers' fee funds any amount therein, derived from any of the aforesaid offices, in excess of what is considered necessary to pay the salary and compensation of such respective officer and his deputies, assistants, bookkeepers, clerks or employes, for the next ensuing quarter; and in case any transfer of moneys shall have been theretofore made to said fee funds, the funds from which they were taken shall be fully reimbursed, and thereafter, or where no such previous transfer has been made, such funds shall be taken from the said fee funds and placed to the credit of the general fund of the county. Such transfers may be made upon the authority of this act alone, any law to the contrary notwithstanding; and from the action of the commissioners thereon an appeal may be taken to the common pleas court by a taxpayer of the county, which shall be heard and determined by said court or a judge thereof within twenty (20) days after being perfected.

SECTION 2. That said original section 7 of an act entitled, "An act to fix the salaries of probate judges, county auditors, county treasurers, county recorders, clerks of the court of common pleas and sheriffs, and to provide for the employment and compensation of their clerks, deputies and assistants," passed March 22, 1906, be and the same are hereby repealed.

FREEMAN T. EAGLESON,

Speaker of the House of Representatives.
JAMES M. WILLIAMS,

Appeal.

President of the Senate.

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ANDREW L. HARRIS,

II2G.

Governor.

14 G. & L. A.

Detention hospital.

Power of probate judge.

Discharged, when.

[House Bill No. 1103.]

AN ACT

To provide for places of detention for alleged insane persons, and to provide for the commitment of such persons to such places, and for the care, control and management of such places and the persons committed thereto.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That upon the request of the probate judge of any county, the county commissioners of the county may establish a place to be known as the detention hospital for alleged insane persons. Such place shall consist of a hospital or ward, or other suitable place available for this purpose which shall be in close proximity to the probate court, and which place shall be under the charge, supervision and control of a superintendent, who shall be a registered physician, appointed by the probate judge, and such other assistants as may be required, who shall be appointed by the superintendent with the approval of the probate judge; provided, however, that in counties wherein a municipality owns and controls a hospital the county commissioners may contract with the authorities having charge and control of such municipal hospital for the care of such alleged insane persons.

SECTION 2. The probate judge shall have power to commit to such detention hospital all persons brought before him, alleged to be insane, whose cases are doubtful or whose insanity is likely to be temporary, and also all insane persons who can not be committed to or received into the state asylum. Any person so committed shall be detained in said hospital until such time as it shall be determined by the superintendent and the probate judge that the person so committed is cured, or is a fit subject for the state asylum. Whenever it is so determined that any person committed to said hospital is cured, he or she shall be discharged, and whenever it is so determined that any person committed to said hospital is a fit subject for the state asylum, application shall be made for his or her admission to such asylum as in other cases.

SECTION 3. The person or persons in charge of such detention hospital shall be, and they are hereby deemed to be, the guardians of the persons committed to such hospital for the purpose of retaining them therein, but all persons so committed shall have the privilege of freely writing to and corresponding with their relatives, friends, physicians and legal advisers, without censorship, and they may also receive visits from them, except when it is deemed inadvisable by

the superintendent. A physician representing the family, Family physior patient, shall however be admitted at all times.

Speaker of the House of Representatives.

cian.

FREEMAN T. EAGLESON,

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To regulate the manufacture, handling and storage of explosives.

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

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SECTION 1. Each person, partnership or corporation Handling exwithin the state of Ohio engaged or engaging in manufac- plosives reguturing, handling or storing gunpowder, blasting powder, dynamite, nyalite, jovite, dynalite, masurite, fuiminates, nitro-glycerine, any nitro explosive compound, any chlorate of potash explosive compound, any picric acid explosive compound, or any other explosive substance, shall file with the chief inspector of workshops and factories, upon blanks furnished by him upon application, a complete statement of the location of such factory, storehouse or magazine owned or controlled by such person, partnership or corporation, together with the kind and character of the explosive substance or substances manufactured, handled or stored and intended to be manufactured, handled or stored thereat, the quantity stored or kept on hand and the quantity intended to be stored or kept on hand, the number of persons employed at each factory, storehouse or magazine and the number of persons intended to be employed thereat, and the distance which such factory, storehouse or magazine is located or will be located from the nearest factory, workshop, mercantile or other establishment, occupied dwelling, church, schoolhouse, building in which people are accustomed to assemble, railroad or public highway.

SECTION 2. Such statement, when filed, shall be submitted by the chief inspector of workshops and factories, for examination, correction and investigation, to the district inspector of explosives, who shall make a personal examination of each such factory, storehouse or magazine, and if such site, factory, storehouse or magazine is found to be located at a safe distance from the nearest factory, workshop, mercantile or other establishment, occupied

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Certificate of chief inspector.

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dwelling, church, schoolhouse, building in which people are accustomed to assemble, railroad or public highway, and to be so planned and managed as to insure as great safety as is consistent with the nature of the business, and if the facts required in such statement are fully set out therein, and found to be true, then the chief inspector of workshops and factories shall grant a certificate approving the plans and location of such factory, storehouse or magazine as set forth in such statement.

SECTION 3. Such certificate shall remain good and in force from the date of issue, except when otherwise ordered for cause by the chief inspector of workshops and factories, and such certificate will become void and a new statement and certificate shall be required of such person, partnership or corporation whenever any change is made in the manufacturing, handling or storing of such explosives as to the location of any factory, storehouse or magazine, or as to the kind or character of explosives manufactured, handled or stored, or whenever the number of men employed or the amount of explosives manufactured, handled or stored becomes greater than the number or amount designated in the last statement made to the chief inspector of workshops and factories.

SECTION 4. No person, partnership or corporation shall manufacture gunpowder, blasting powder, dynamite, ing regulated. nyalite, jovite, dynalite, fulminates, nitro-glycerine, nitro explosive compounds, chlorate of potash explosive compounds, picric acid explosive compounds, or any other explosive substance, or store a quantity of the same exceeding one hundred (100) pounds, within the limits of any municipal corporation, or within sixty (60) rods of any factory, workshop, mercantile or other establishment, occupied dwelling, church, schoolhouse, or building in which people are accustomed to assemble, or manufacture the same within ten (10) rods of any adjoining property not owned or leased by such person, partnership or corporation; provided that the distance at which such explosives may be stored with relation to the factories, workshops and other buildings owned and used solely for the purpose of manufacturing such explosives, as a part of a manufacturing plant shall not be governed by the above provision as to distance but shall be determined and regulated by the chief inspector of workshops and factories upon inspection of the district inspector of explosives. No person, partnership or corporation shall manufacture such explosives or store exceeding Bond required. One hundred pounds of the same without giving bond in the sum of five thousand dollars ($5,000.00) in each county in which such explosives are manufactured or stored, with good and sufficient surety, to the county commissioners of such county with such surety or sureties as shall be approved by the judge of the probate or common pleas court of such county, conditioned for the payment of all damages that may be caused to persons or property by reason of

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any explosion of any of said substances, or without filing with the chief inspector of workshops and factories a sworn statement that such bond has been approved and filed.

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SECTION 5. No person, partnership or corporation Transportashall transport or carry any of such explosives in any lated. vehicle, railroad car, water craft or other conveyance upon which any passenger for hire is at the same time being conveyed, or in any vehicle, railroad car, water craft or other conveyance, upon two sides and the rear of which there shall not be printed or placarded in plain and dis- Placard. tinct letters the words "EXPLOSIVES-DANGEROUS," or carry any of such explosives in any box, keg, can or package upon which is not clearly written or printed the words "EXPLOSIVES-DANGEROUS," together with the name of the explosive substance contained therein.

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SECTION 6. Whoever, either as principal, or servant, agent or officer of such person, partnership or corporation, violates any provisions of this act, or manufactures, handles or stores any of such explosives at any time without having first filed such bond and statement, or without having at such time a valid certificate from the chief inspector of workshops and factories, obtained as provided in section I of this act, shall be fined not less than one hundred dollars, nor more than one thousand dollars.

SECTION 7: Nothing in this act shall be held to apply to persons, partnerships or corporations who store not to exceed twenty-five (25) pounds of gunpowder or blasting powder in any one place at one time, nor to the manufacturing or storing of drugs.

SECTION 8. It shall be the duty of the chief inspector of workshops and factories and the district inspector of.explosives to enforce the provisions of this act.

SECTION 9. That sections 1, 2 and 3 of an act entitled, "An act to regulate the manufacture, saie and use of dynamite within the state of Ohio," passed April 30, 1885, and section 4 of the same act, as amended March 17, 1892, sections 1 and 2 of an act entitled, "An act to regulate the manufacture, handling and storage of high explosives," passed April 22, 1904, and section 6953 of the Revised Statutes, as amended April 16, 1900, are hereby repealed. This act shall take effect and be in force

on and after August 1, 1908.

Speaker of the House of Representatives.

President of the Senate.

FREEMAN T. EAGLESON,

JAMES M. WILLIAMS,

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ANDREW L. HARRIS,

Governor.

Penalty.

Exceptions.

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