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tion, and may proceed, to examine the matter, either by evi-
dence, by reference to a master commissioner or otherwise;
and if satisfied that such construction is reasonably required
to accommodate the public, or to avoid excessive expense,
in view of the small amount of traffic on the highway or
railroad, and considering the future uses to which said high-
way may be adapted, or in view of the difficulties of other
methods of construction, or for other good and sufficient
reasons, then it shall make an order or orders permitting court, may
such crossing at grade or diversion to be established; and prescribe
it may, in such order, or orders, in its discretion, prescribe
that gates, signals, watchmen, or other safeguards shall be
maintained by the railroad company, in addition to the sig-
nals and safeguards prescribed by statute, and all such or-
ders shall be binding upon the parties and shall be observed
by them. All costs and expenses of the proceedings shall costs and
be ascertained and allowed by the court of common pleas
and shall be paid by such party as it shall decide, or by it
apportioned between the parties, and may be collected by
execution out of said court. · Appeals may be taken and Appeals.
error prosecuted from the decision of the common pleas
court to the circuit court as in civil actions, and the deci-
sion of such circuit court shall be final and conclusive. In
both the common pleas and circuit courts proceedings
brought hereunder shall be advanced over other civil causes.

SECTION 2. That section 4 of an act entitled “An act
to provide how railroad and highway crossings may be con-
structed,” passed April 25, 1904, is hereby repealed.

Speaker pro tem. of the House of Representatives.


President of the Senate.
Passed April 2, 1908.
Approved April 3, 1908, at 9:50 o'clock a. m.


Governor. 33G.

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[House Bill No. 836.]


To amend sections 3324, 3325 and 3326 of the Revised Stat

utes, to more effectually protect life and property in the
operation of railroads.

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

SECTION 1. That sections 3324, 3325 and 3326 of the
Revised Statutes be amended to read as follows:

Sec. 3324. A company or person having control or
management of a railroad shall construct, or cause to be



Temporary (rossings.

constructed, and maintain in good repair on each side of such road, along the line of the lands of the company owning or operating the saine, a fence sufficient to turn stock; and when such fence is constructed out of barbed wire, or separate lateral strands not connected by inter-woven wire, or cross perpendicular wire not more than fifteen inches apart, there shall be securely fastened to the posts, at the top of the same, at right angies thereto, at least one board, not less than one and one-eighth inches thick and five inches wide, and extending the entire length thereof; and before operating such road shall cause to be maintained at every point where any public road, street, lane or highway used by che public, crosses such railroad, safe and sufficient crossings, and on each side of such crossings cattle-guards sufficient to prevent domestic animals from going upon such railroad; and such company or person shall be liable for all damages sustained in person or property in any manner by reason of the want or insufficiency of any such fence, crossing or cattle-guard, or any neglect or carelessness in the construction thereof, or in keeping the same in repair. That provided, where any road now in process of construction, or any proposed road, passes through any inclosed land, that the company or person having control of any such road shall, during the construction of the same, provide suitable crossings for the owner or occupant of each farm, and make and keep in repair fences along the line of such road through such inclosed fields, and protect any crops growing thereon; and further provided, that where the company or person agrees with the owner of the lands through which any railroad passes, that said owner shall build and keep in repair any portion of the fencing, and should said fencing be destroyed or clamaged by fire from passing trains or by the elements, said company or person owning or operating such road shall rebuild or repair said ience, provided the property-holder should demand it; and provided, that if any raiiroad company shall fail or refuse to construct any fence in the manner hereinbefore provided within six months after the passage of this act, and after having received written notice so to dlo from the owner or occupant of any lands through which the road may pass, that then said owner or occupant may, after thirty days from the time of serving such notice upon the agent of such company nearest said lands, proceed to construct the same, and the company shall be liable to such person for the cost thereof, together with the attorney's fees as provided for in section 3325. This act shall apply to all fences now built, as well as those hereafter constructed.

Sec. 3325. If such company or person neglect or refuse to construct such fence, as is provided for in the preceding section, the owner of any land abutting on the line of the land of the railroad may construct the fence therein provided for, so far as his land abutt on the iailroad lands; and when he has completed the same he may present for

Damage by fire.

Attorney's fees.




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of $25.00.

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payment to the agent of the company for receiving and
shipping freight at the station nearest to the tract of land
so fenced, a sworn itemized account of the expense thereof, itemized ac-
including materials and labor; and if such company or
person neglect or refuse, for thirty days, to pay such ac-
count, such land owner may recover from the owner or
lessee of the road, the reasonable cost of such fence, and
in addition thereto, provided recovery is had for an amount
not less than the amount of the verified itemized account
as presented to such corporation or person, all reasonable
attorney fees not to exceed the sum of twenty-five dollars
($25.00) to be assessed and awarded by the court or jury Attorney's fee
trying the issue.

Sec. 3326. When the fence is completed the company
shall keep it in good repair; and if any such company or
person permit any part of the fence on the line of its roaci
to get out of repair, or said fence is damaged or destroyed
by fire or the elements, so that it will not turn stock, the
owner of the land abutting on the railroad lands where the
fence is out of repair may notify the agent of the company Notice served
for receiving and shipping freight at the station on the on agent.
road nearest to the place where the fence is out of repair,
that a portion of the fence on the line of the road is out of
repair, stating where, how, and the

the probable cost of repairing the same; and if such company or person shall fail, for twenty-four hours thereafter, to repair or replace the fence so that it will turn stock, the owner of the land may furnish materials and repair or replace the same,

repair fences. and present to such agent, for payment, a sworn itemized account of the expense thereof, including materials and labor, and if the same be not paid within thirty days thereafter, such land owner may recover from the owner or lessee of the road the reasonable expense of such repairs, and in addition thereto, attorney's fees as is provided for in section 3325.

SECTION 2. That said sections 3324, 3325 and 3326
are hereby repealed.

Speaker of the House of Representatives.


President of the Senate.
Passed April 2, 1908.
Approved April 3, 1908, at 9:50 o'clock a. m.



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[House Bill No. 745.]


To provide for county hospitals for the care and treatment

of inmates of county infirmaries and other residents of the county suffering from tuberculosis.

County hospital for tuberculosis.

Levy tax and sale of bonds.

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

SECTION 1. That on and after January 1, 1909, it shall be unlawful to keep any person suffering from pulmonary tuberculosis, commonly known as consumption, in any county infirmary except in separate buildings to be provided and used for that purpose only.

SECTION 2. The board of county commissioners are hereby authorized and directed to construct in each county a suitable building or buildings, which shall be separate and apart from the infirmary buildings, to be known as the county hospital for tuberculosis; and they shall also provied for the proper furnishing and equipment of said hospital; provided that there is not already established a hospital in the county for treatment and maintenance of tuberculosis patients; and whenever in any county funds are not available to carry out the provisions of this act, the county commissioners shall levy for that purpose, and set aside the sum necessary, which shall not be used for any other purpose, and the commissioners of the county may issue and sell the bonds of said county in anticipation of said levy. The infirmary directors shall provide for the treatment, care and maintenance of patients received at said county hospital, and for necessary nurses and attendants, and all expenses so incurred shall be audited and paid as are other expenditures for county infirmary purposes. An accurate account shall be kept of all moneys received from patients or from other sources, which shall be applied to-. wards the payment of maintaining said county hospital ; and the infirmary directors shall have authority to receive for the use of such hospital gifts, legacies, demises or conveyances of property, real or personal, that may be made, given or granted to for the use of said county hospital, or in its name, or in the name of said directors,

SECTION 3. The commissioners and infirmary directors of any county, in lieu of providing for the erection of a county hospital for tuberculosis, may contract with the infirmary directors of any other county or with the board of public service of any municipality where such hospital has been constructed for the care and treàtment of the inmates of such infirmary or other residents of the county who are suffering from pulmonary tuberculosis, and the infirmary directors of the county in which such patients reside shall pay into the poor fund of the county or into the proper fund of the city receiving such patients the actual cost incurred in their care and treatment and other necessaries;

Accounts to be kept.

Actual cost.

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and shall also pay for their transportation. The probate
judge of any county in which such hospital has been pro-
vided may, upon a proper presentation of the facts and
the recommendation of the state board of health, order any
inmate of the infirmary who is suffering from pulmonary
tuberculosis removed to the county hospital for tubercu- Removal to
losis of some other county, and there confined, provided another
that such removal shall not be made without the consent
of such inmate if a suitable place outside of the infirmary
is provided for his or her care and treatment.

SECTION 4.. The county hospital for tuberculosis shall
be devoted to the care and treatment of those admitted to
the county infirmary who are afflicted with pulmonary tu-
berculosis, and of other residents of the county who may
be suffering from said disease and who are in need of
proper care and treatment; and the board of infirmary di-
rectors shall investigate all applicants for admission to the Applicants,

investigation county hospital for tuberculosis who are not inmates of the of. county infirmary and require satisfactory proof that they are in need of proper care, and have pulmonary tuberculosis; provided, that the infirmary directors may require from any such applicant admitted a payment of not to exceed $3.00 a week, or such less sum as they may determine, for hospital care and treatment. The physician to Physicians. the county infirmary shall have the medical care of patients in the county hospital: provided, that any patient not an inmate of the county infirmary shall have the privilege of calling other medical attendance in consultation with the regular infirmary physician, but not at the expense of the county.

SECTION 5. The state board of health shall have gen- State board
eral supervision of all county hospitals for tuberculosis, and supervisión.
shall prescribe, and is hereby authorized to enforce, such
rules and regulations for their government, and for the
protection from infection of other inmates of the county
infirmary and of nurses and attendants in the county
hospital for tuberculosis, and others, as they may deem nec-
essary; and it shall be the duty of all persons in charge of
or employed at such hospitals, or residents thereof, to
faithfully obey and comply with any and all such rules
and regulations; and said board, acting with the board of
state charities, shall approve the location and plans for all plans an-
county hospitals for tuberculosis.

Speaker of the House of Representatives,

JAMES M. Williams,

President of the Senate.
Passed April 2, 1908.
Approved April 3, 1908, at 9:50 o'clock a. m.


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