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if upon such hearing the court is of the opinion that the offense is only a misdemeanor and that the court may ascertain jurisdiction of it under the last section a plea of guilty of such misdemeanor may be received and sentence and judgment pronounced.

SECTION 3. The court shall have power to issue process, preserve order and punish contempts, summon and impanel jurors, grant new trials and motions in arrest of judgment, suspend execution of sentence upon notice of intention to apply for leave to file a petition in error, and such other powers as may be necessary for the exercise of the jurisdiction herein conferred, and the enforcement of the judgments and orders of the court.

SECTION 4. Prosecution for offenses against the laws of the state shall be brought and conducted in the name of the state and prosecutions for violations of city ordinances shall be brought and conducted in the name of the city of Canton, and in any case a new trial may be granted and for the same cause as in like cases in the court of common pleas.

SECTION 5. The court shall have power to compel the attendance of witnesses, jurors and parties; jurors shall have the qualifications and be subject to the challenges of those in court of common pleas in like cases; they shall be selected, summoned and impaneled in accordance with an ordinance of the council; or if no such ordinance is in force, in accordance with a rule of the court and they shall receive the same fees as are allowed jurors and witnesses in courts of justice of the peace; other fees shall be the same as before the justice of the peace in like cases.

SECTION 6. The criminal courts shall always be open for the transaction of business, but may adjourn from day to day or from time to time and shall be considered as holding monthly terms, each commencing on the first Monday of the month.

SECTION 7. The judge shall adopt such rules of practice and procedure as will give each party a proper statement of any charge against him and a full opportunity of being heard.

SECTION 8. The judge shall be elected by the electors of the city of Canton at the regular fall election in 1909 for a term of four (4) years; commencing on the first day of January next after his election. He shall be an elector of the city, and an attorney and counsellor at law, duly admitted and licensed to practice law in this state.

Any vacancy caused in said office by reason of death, removal, resignation or otherwise, shall be filled by the governor until a successor is elected and qualified, and such successor shall be elected for the unexpired term at the first municipal election that occurs more than thirty days after the vacancy shall have happened.

SECTION 9. The bond and compensation of said judge shall be fixed by the council.

SECTION 10. The city solicitor of the city of Canton, Ohio, shall be the prosecuting attorney of said court.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed May 9. 1908.
Approved May 9, 1908.

ANDREW L. HARRIS,

Governor. 18L.

[Senate Bill No. 464.]

AN ACT

To authorize the board of county commissioners of Jefferson county, Ohio, to

turn over certain trust funds to the Children's Bethel of Smithfield, Ohio, for the establishment of a home for the care of children.

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

SECTION I. That the board of county commissioners of Jefferson county, Ohio, be and the same is hereby authorized to turn over and pay to the Children's Bethel, located at Smithfield in said county, the sum of $14,273.98, being the amount, with accumulations of interest, realized from the sale of lands deeded to said county by one Annie H. G. Brown for the support of a children's home in said county, to be used by said the Children's Bethel in the establishment of a home for the support and education of needy and destitute children, under, a contract between said board and said The Children's Bethel, securing the repayment of said fund, without interest, in case said The Children's Bethel should for any reason cease to exist or to be used as a children's home.

SECTION 2. That for the purpose of carrying out the powers conferred in section I of this act, said board of county commissioners is empowered to take a mortgage from said The Children's Bethel for the sum of $14,273.98, covering the real estate and buildings purchased and crected by it with said fund, conditioned that so long as the said The Children's Bethel shall maintain and support a home, at Smithfield in said county, for the support, care and education of the needy and destitute children, it may have the use of said trust fund of $14,273.98 aforesaid free and clear of any interest charge therefor, but that should said property covered by said mortgage ever cease to be used as a home for children as aforesaid, then said trust fund of $14,273.98 shall be repaid to the board of county commissioners and in default thereof, that said mortgage may be foreclosed and said property of said The Children's Bethel sold to repay said trust fund, and no statute of limitations shall be pleaded or interposed as a defense to the enforcement of said mortgage or the collection of said trust fund by said The Children's Bethel, its successors or assigns, and the waiver of the statute of limitations, on the part of said The Children's Bethel, shall and hereby is made one of the conditions for the transfer to it of said trust fund by said board of county commissioners.

SECTION 3. That upon the execution of the contract and mortgage embodying the conditions and limitations referred to in sections 1 and 2 of this act, said commissioners of Tefferson county, Ohio, are authorized to pay said trust fund of $14,273.98 to said The Children's Bethel for the purposes aforesaid and none other.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate,
Passed May 9, 1908.
Approved May 9, 1908.

ANDREW L. HARRIS,

Governor.

39–G. &. J.. A.

[Senate Bill No. 602.]

AN ACT

To authorize the board of education of Auglaize township, Allen county, Ohio,

to pay Kate Turner for services as teacher.

WIIEREAS, By reason of the resignation on March 4, 1907, of the regular teacher of the public schools in dis.rict No. 6 in Auglaize township, Allen county, Ohio, Miss Kate Turner at the request of the board of education of said township, and under a contract duly entered into, taught said school to the entire satisfaction of said board of education and the patrons of said school during the remainder of said term, but was unable, until after the 29th day of March, 1907, to obtain a certificate, from the board of county school examiners, and by reason thereof has received no compensation for her services from the 4th day of March to the 29th day of March inclusive, being twenty school days, therefore,

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

SECTION 1. That the board of education of Auglaize township, Allen county, Ohio, be and they are hereby authorized and instructed to pay to said Kate Turner out of any funds under their control and not otherwise appropriated, the sum of forty-eight dollars, being the sum due her for twenty days at forty-eight dollars per month, to-wit: beginning March 4th and ending March 29th, 1907.

SECTION 2. Upon the order of the board of education of said township, the clerk of said board is hereby authorized and instructed to issue his warrant, and the treasurer of said board is hereby authorized and directed to pay said warrant in favor of said Kate Turner out of any funds under the control of said board of education of said township and not otherwise appropriated.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed May 9, 1908.
Approved May 9, 1908.

ANDREW L. HARRIS,

Governor. 20L.

[Senate Bill No. 614.]

AN ACT

To authorize the village council and the board of education of the village of

Milan, Erie county, Ohio, to pay to the heirs of Lucius L. Stoddard accrued interest.

WHEREAS, Lucius L. Stoddard, late of the village of Milan, Erie county, Ohio, advanced on orders duly issued during the years 1903, 1904 and 1905, by the board of education of the village of Milan, Erie county, Ohio, the sun of thirty-one hundred and seven dollars and thirty-three

cents to the village of Milan, Ohio, on orders duly issued during the years, 1903, 1904 and 1905, the sum of twelve hundred and eighty-two dollars and forty cents; and,

WHEREAS, The principal of said money so advanced was fully paid to said Lucius L. Stoddard during his life time, leaving unpaid thereon accrued interest as follows: On moneys advanced to the board of education of the village of Milan, Erie county, Ohio, the sum of four hundred and sixty-one dollars and fifty-seven cents; and on moneys advanced to the village of Milan, Ohio, accrued interest in the surn of one hundred and sixty-five dollars and thirty cents, respectively; and in all the sum of six hundred and twenty-six dollars and eighty-seven cents, the same being wholly unpaid.

WHEREAS, The state bureau of inspection being of opinion that there is no legal authority authorizing the payment of accrued interest hereinbefore set forth, to the heirs of the aforesaid Lucius L. Stoddard, without a special act of the general assembly, therefore,

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

SECTION I. That the board of education of the village of Milan, Erie county, Ohio, be, and hereby is, authorized to pay to the heirs of the said Lucius L. Stoddard, the sum of four hundred and sixty-one dollars and fifty-seven cents, or so much thereof as may be necessary to pay the accrued interest charged against said board of education in full of all demands against said board of education, and that the village council of the village of Milan, Erie county, Ohio, be and hereby is authorized to pay to the heirs of said Lucius L. Stoddard the sum of one hundred and sixty-five dollars and thirty cents, or so much thereof as may be necessary to pay said accrued interest charged against the village council of the village of Milan, Erie county, Ohio; the same to be in full of all demands against said village.

FREEMAN T. EAGLESON,
Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed May 9, 1908.
Approved May 9, 1908.

ANDREW L. HARRIS,

Governor. 2IL.

[Senate Bill No. 615.]

AN ACT

To authorize the governor to execute a deed for the conveyance of the lot and

building owned by the state of Ohio situated on the grounds of the James. town Ter-Centennial Exposition Company in the state of Virginia and to provide for the custody of the same.

WHEREAS, The Ohio commission appointed pursuant to Joint Senate Resolution No. 18, adopted March 8th, 1906, has erected a building permanent in character on a lot of land situated on the grounds of the Jamestown Ter-Centennial Exposition Company in the state of Virginia, and,

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WHEREAS, Said Ohio commission has secured for the state of Ohio a deed in fee simple to said lot of land, and,

WHEREAS, Said Ohio commission is without authority to execute a proper deed for the conveyance of the same,

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

SECTION 1. That the governor of Ohio be and he is hereby authorized to execute and deliver a proper deed conveying the lot and building situated on the grounds of the Jamestown Ter-Centennial Exposition Company in the state of Virginia to such a purchaser as shall be secured by said Ohio commission to the Jamestown Ter-Centennial Exposition.

SECTION 2. That said Ohio conimission shall have the care and custody of said building and lot until such time as the same shall be sold.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed May 9, 1908.
Approved May 9, 1908.

ANDREW L. HARRIS,

Governor. 22L.

[House Bill No. 1077.]

AN ACT

To authorize the governor of the state of Ohio to convey to the city of St.

Marys, Ohio, a part of what is known as Chestnut street in St. Marys, Ohio.

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

SECTION 1. The governor of the state of Ohio is hereby authorized, empowered and directed by and' on behalf of the state of Ohio to convey to the city of St. Marys, Ohio, a perpetual easement for street and sidewalk purposes in the following described premises, to-wit:

Beginning at the northwest corner of lot number ten (10) of block number thirty-two (32) of the east addition to the city of St. Marys, Ohio, and running thence southerly along the westerly line of said lot ten (10) a distance of ninety-one (91) feet; thence westerly sixty-eight (68) feet, more or less, to a point in the easterly line, produced, of the Home Bank building that is seventy-three (73) feet south of the southerly line of Spring street, measured at right angles thereto; thence northerly along the casterly line of the Home Bank building seventy-three (73) feet to the south line of Spring street; thence easterly along the south line of Spring street sixty-three and eight-tenths (63.8) feet to the point of commencement; but no right or privilege herein granted shall in any way interfere with the maintenance or usefulness of either the canal, or the hydraulic raceway that flows across the tract of ground intended to be conveyed by this act, and if at any time the city of St. Marys shall cover over said hydraulic raceway it shall erect and maintain such superstructure in accordance with plans and specifications to be approved by the board of public works and the chief engineer, and said city shall main

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