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the death occurs from some disease that is held by the state board of health to be infectious, contagious, or communicable, and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the registrar, except under such conditions as may be prescribed by the state board of health. If a certificate of birth is incomplete, he shall immediately notify the informant, and require him to supply the missing items, if they can be obtained. He shall then number consecutively the certificates of birth and of death, in two separate series, beginning with "number one" for the first birth and the first death in each calendar year, and sign his name as registrar in attest of the date of filing in his office. He shall also make a complete and accurate copy of each birth and death certificate registered by him, upon a form identical with the original certificate, to be filed and permanently preserved in his office as the local record of such birth and death, in such manner as directed by the state registrar. And he shall, on the fifth day of each month, transmit to the state registrar all Original certificates of death registered by him during the preceding month. And he shall, on the tenth day of each month, transmit to the state registrar all original certificates of birth registered by him during the preceding month. And if no deaths or births occur in any month, he shall, on the fifth and tenth day of the following month, report that fact to the state registrar, on a card provided for this purpose.

SECTION 19. Each local registrar shall be entitled to be paid the sum of twenty-five cents for each birth and each death certificate properly and completely made out and registered with him, and correctly copied, and duly returned by him to the state registrar as required by this act: Provided, that in cities, in which the city clerk, health officer, or other official acting as local registrar, receives a fixed salary, in lieu of fees, he shall be entitled to five cents for each birth and each death certificate properly and completely made out, registered with him, and correctly copied, and duly returned by him to the state registrar as required by this act. And in case no births or deaths were registered during any month, the local registrar shall be entitled to be paid the sum of twenty-five cents for each report, to that effect, promptly made in accordance with this act. All amounts payable to registrars under provisions of this section shall be paid by the treasurer of the county in which the registration districts are located, upon certification by the state registrar. And the state registrar shall annually certify to the treasurers of the several counties the number of births and deaths registered, with the name of the local registrars, and the amounts due each at the rates fixed herein.

SECTION 20.

The state registrar shall, upon request, furnish any applicant a certified copy of the record of any birth or death registered under provisions of this act, for

making and certification of which he shall be entitled to a
fee of fifty cents, to be paid by the applicant. And any
such copy of the record of a birth or death, when properly
certified by the state registrar to be a true copy thereof,
shall be prima facie evidence in all courts and places of the
facts therein stated. For any search of the files and records
when no certified copy is made, the state registrar shall be
entitled to a fee of fifty cents for each hour or fractional
hour of time of search, to be paid by the applicant. And
the state registrar shall keep a true and correct account of
all fees by him received under these provisions, and turn
the same over to the state treasurer on or before the fifteenth
day of each month, and he shall give a bond satisfactory to
the secretary of state in the sum of ten thousand dollars:
Provided, that in cities certified copies of any birth or
death may be furnished by the local health authorities. The
fee for such copy or search of record to be the same as
herein provided, and all such fees shall be paid into the
treasury of said cities for the use of the board of health.
SECTION 21.
If any physician, who was in medical
attendance upon any deceased person at the time of death,
shall neglect or refuse to make out and deliver to the under-
taker, sexton, or other person in charge of the interment, sician.
removal, or other disposition of the body, upon request, the
medical certificate of cause of death, hereinbefore provided
for, he shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than five dollars
nor more than fifty dollars. And if any physician shall Penalty.
knowingly make a false certification of the cause of death, False
in any case, he shall be deemed guilty of a misdemeanor, clan.
and, upon conviction thereof, shall be fined not less than Penalty.
fifty dollars nor more than two hundred dollars.

Neglect or re

fusal of phy

certificate by physi

And any physician or midwife, in attendance upon a case of confinement, or any other person charged with responsibility for reporting births, who shall neglect or refuse to file a proper certificate of birth with the local reg- birth, neglect istrar, within the time required by this act, shall be deemed or refusal to guilty of a misdemeanor, and, upon conviction thereof, shall file.

Certificate of

be fined not less than five dollars nor more than fifty dol- Penalty. lars.

And if any undertaker, sexton, or other person acting Burial withas undertaker, shall inter, remove, or otherwise dispose of, out permit. the body of any deceased person, without having received

a burial or removal permit as herein provided, he shall
be deemed guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than twenty dollars nor more Penalty.
than one hundred dollars.

And any registrar, deputy registrar, or sub-registrar who shall neglect or fail to enforce the provisions of this act in his district, or shall neglect or refuse to perform any of the duties imposed upon him by this act or by the instructions and directions of the state registrar, shall be

20-G. & L. A.

Neglect or fallure to perform duty by registrar.

Penalty.

cer

Altering tificate, etc.

Penalty.

False informa

tion, etc., furnishing of.

Penalty.

Common carrier transporting without permit.

Penalty.

Local regis

trars charged

ment of this

act.

deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars.

And any person who shall wilfully alter any certificate of birth or death, or the copy of any certificate of birth or death, on file in the office of the local or state registrar, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned in the county jail not exceeding sixty days, or suffer both fine and imprisonment, in the discretion of the court.

And any other person or persons who shall violate any of the provisions of this act, or shall wilfully neglect or refuse to perform any duties imposed upon them, by the provisions of this act, or shall furnish false information to a physician, undertaker, midwife, or informant, for the purpose of making incorrect certification of births or deaths, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars nor more than one hundred dollars.

And any transportation company or common carrier transporting or carrying, or accepting through its agents or employes for transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than two hundred dollars: Provided, that in case the death occurred outside of the state, and the body is accompanied by a certificate of death, burial or removal or transit permit issued in accordance with the law or board of health regulation, in force where the death occurred, such death certificate, burial or removal or transit permit, may be held to authorize the transportation or carriage of the body into or through the state.

SECTION 22. Local registrars are hereby charged with the strict and thorough enforcement of the provisions of with enforce this act in their districts, under the supervision and direction of the state registrar. And they shall make an immediate report to the state registrar of any violations of this law, coming to their notice by observation or upon complaint of any person, or otherwise. The state registrar under the direction of the secretary of state is hereby charged with the thorough and efficient execution of the provisions of this act in every part of the state, and with supervisory power over local registrars, to the end that all of the requirements shall be uniformly complied with. He shall have authority to investigate cases of irregularity or violation of law, personally or by accredited representative, and all registrars shall aid him, upon request, in such investigations. When he shall deem it necessary, he shall report cases of violation of any of the provisions of this act to the prosecuting attorney of the proper county, with a statement of the facts and circumstances; and when any such case is reported

to them by the state registrar, all prosecuting attorneys shall forthwith initiate and prosecute the necessary proceedings against the parties responsible for the alleged violations of law. And upon request of the secretary of state, the attorney general shall likewise assist in the enforcement of the provisions of this act.

SECTION 23. That sections 2116 and 2141 of the Revised Statutes be amended so as to read as follows:

President pro of health.

tem. of board

Sec. 2116. The board of health in cities and villages shall elect one of their number president pro tem., who shall preside in the absence of the mayor, and shall do and perform all duties incumbent upon the president. The board shall meet for the transaction of business at least once in each calendar month, and as much oftener as is necessary for the prompt and thorough transaction of its business. All special meetings of the board shall be called by the pres:dent or three members thereof. The cierk of the board shall keep a full and accurate record of all proceedings of the board, together with a record of all cases of contagious. diseases reported to the health officer, and at the expiration of his term of office shall turn over to his successor all books, records, papers, and other matter belonging to the board. Each board of health, or the health officer where there is no board of health, shall procure suitable books, blanks, and other things actually necessary to the transaction of its business. Among the books to be procured and Record for kept shall be a suitable book for the registration of cases of diseases. infectious or contagious disease.

Sec. 2141. The board of health may create a complete and accurate system of registration of births, marriages, deaths and interments occurring within its jurisdiction, for the purpose of legal and genealogical investigations, and to furnish facts for statistical, scientific and sanitary inquiries; and no corpse shall be buried or cremated within the state of Ohio, or taken out of the state without a permit from the local registrar.

SECTION 24. That said sections 2116 and 2141, and sections 6395, 6396, 6397, 6398, and 6399 of the Revised Statutes of Ohio, and section 3 of an act entitled, "An act to create and establish a state board of health in the state of Ohio," passed April 14, 1886, be and the same are hereby repealed.

FREEMAN T. EAGLESON,

Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.

contagious

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Passed May 1, 1908.
Approved May 5, 1908.

ANDREW L. HARRIS,

Governor.

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State highway department, establishment of.

Assistant, appointment of.

Bond of employes.

Object and purpose.

[Senate Bill No. 286.]

AN ACT

To amend certain acts creating a state highway department, to provide for state aid in the construction of highways.

I.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. A state highway department shall be established by the appointment of the governor of the state with the advice and consent of the senate, for a term of four years, of a state highway commissioner, who shall be a competent civil engineer, and experienced in the construction and maintenance of improved roads. Said state highway commissioner shall receive a salary of two thousand five hundred dollars per annum, and shall be allowed his actual traveling expenses, not exceeding seven hundred and fifty dollars, while officialiy employed. He shall furnish a bond in the sum of ten thousand dollars for the faithful performance of his duty, said bond to be approved by the governor, and he shall give his whole time and attention to the duties of his office. Provided, further, that the state highway commissioner may appoint, as the work of the department requires, and subject to the approval of the governor, one assistant who shall be a capable and competent civil engineer and experienced in road building, who shall receive an annual salary of one thousand eight hundred dollars and shall be allowed his actual traveling expenses, not to exceed seven hundred and fifty dollars, when on official business; and he may also appoint three capable and competent civil engineers each of whom shall receive an annual salary of one thousand five hundred dollars and shall be allowed their actual traveling expenses not to exceed seven hundred and fifty dollars each; a chief clerk at an annual salary of twelve hundred dollars per annum, and may employ not to exceed four additional clerks or stenographers, at an expense not to exceed nine hundred dollars per annum, each. The state highway commissioner may require the employes of the department to give bond for the faithful performance of their duty, in suitable and reasonable amounts.

SECTION 2. The object and purpose of this department shall be to instruct, assist and co-operate in the building and improvement of the public roads, under the direction of the highway commissioner in such counties and townships of the state of Ohio as shall comply with the provisions of this act. The highway commissioner may make inquiries in regard to systems of road building and management throughout the United States, and make investigations and experiments in regard to the best methods of road making and the best kinds of road material, and investigate the chemical and physical character of road materials, and has authority to pay freight and express charges

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