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Ascertainment and adjustment of compensation and damages to land-owners.

Filing of

amount tendered and costs

in certain proceedings.

Location upon
state, county or
township
road, etc.

Repeals, etc.

SEC. 4761. When said commissioners and the owner or owners fail to agree as to the amount of compensation and damages, then the same shall be ascertained and determined by the board of county commissioners, and if said board of county commissioners and the owner or owners fail to agree as to the compensation and damages, or when the owner is unknown, non-resident, or incapable of contracting, then the same shall be ascertained and adjusted by proceedings had in the name of the county commissioners, under the law providing for the appropriation of private property by corporations; provided, however, when any owner or owners not unknown, or not non-residents, or not legally incapacitated from entering into a contract, and said commissioners fail to agree as aforesaid, they shall cause to be filed with the proceedings brought in the name of the county commissioners the amount of compensation and damages by them tendered in writing to such owner or owners, and unless said owner or owners shall be allowed by the jury in said proceedings compensation and damages in excess of the amount allowed and tendered by said commissioners, then said owner or owners shall pay all costs made in said proceedings in the name of the board of county commissioners; and the county commissioners may authorize the viewers or commissioners by them appointed to locate the road upon the whole or any part of any state, county, or township road hertofore laid out and established within the county, and widen, alter, change, or vacate the same, or any part thereof, subject to the rules as to compensation or [for] property appropriated as aforesaid.

SECTION 2. That said original section 4761 is hereby repealed, and this act shall take effect and be in force from and after its passage.

DAVID L. SLEEPER,

Speaker of the House of Representatives.
ASAHEL W. JONES,

:

Passed March 30, 1896.

President of the Senate. 92G

Duplicate war rant in favor of Selwyn N. Owen.

[Senate Bill No. 156.]

AN ACT

Authorizing the auditor of state to issue a duplicate warrant on the state treasury.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of state is hereby authorized to issue duplicate warrant in favor of Selwyn N. Owen, chairman of state board of arbitration, for twentyfive dollars. Said original warrant No. 4292, issued April 3, 1895, was lost in transmission, and never reached the payee nor otherwise appeared.

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SECTION 2. This act shall take effect and be in force

from and after its passage.

DAVID L. SLEEPER,

Speaker of the House of Representatives.

Passed March 30, 1896.

ASAHEL W. JONES,

President of the Senate.
93G

[House Bill No. 153.]

AN ACT

To supplement section 897 of the Revised Statutes of Ohio.
SECTION 1. Be it enacted by the General Assembly of

County commis

the State of Ohio, That section 897 of the Revised Statutes of
Ohio as amended April 24, 1893, be and the same is hereby sioners:
supplemented as follows:

SEC. 897r. That in counties which by the federal census of 1890 had a population of not less than 24,885 nor more than 24,915 each county commissioner, from and after the passage of this bill [act,] shall receive a salary of eight hundred ($800) dollars per annum payable in monthly instalments out of the county treasury upon the warrants of the county auditor. And in such counties the said county commissioners shall devote all their time or so much thereof as may be necessary to attend to all and singular the duties required of them as such commissioners to protect the best interest of the people of such counties, and said commissioners shall not receive any additional compensation, directly or indirectly by way of expenses, mileage or otherwise except when traveling outside of their said county on official business at which times they shall be paid the necessary expense incurred in the discharge of their duties, an itemized statement of which shall be prepared in writing and approved by the probate judge and prosecuting attorney of the county and paid as above provided.

SECTION 2. This act shall take effect and be in force from and after its passage.

DAVID L. SLEEPER,

Speaker of the House of Representatives.

Passed March 30, 1896.

ASAHEL W. JONES,

President of the Senate.

94G

Salary, duties and expenses in Williams

county.

Supervisors and road work:

Destruction of Canada or Russian thistles, wild lettuce or wild mustard growing on lands in townships.

[House Bill No. 333.]

AN ACT

To amend section 1 of an act passed April 25, 1893 (O. L., 90 v., pages 301, 302, 303 and 304), entitled "An act to amend sections 4240-2, 4240-3, 4240-4, 4240-5, 4732 and 4732a of the Revised Statutes of Ohio" as passed February 14, 1884 (81 v., p. 17), and February 26 (81 v., p. 26).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4732 of the Revised Statutes. of Ohio, passed February 21, 1884 (81 v., 22), February 14, 1884 (81 v., 17), and February 26 (81 v., 26), and amended April 25, 1893, be amended so as to read as follows:

SEC. 4732. The trustees of any township of this stateupon information in writing, that Canada or Russian thistles,. wild lettuce or wild mustard are growing on any lands in their township, and are about to spread or mature seed between the first day of June and the fifteenth day of October of each year, said trustees shall cause notice in writing to be served upon the owners, lessee, agent or tenant having charge of any such lands notifying such owner, lessee, agent, or tenant that Canada or Russian thistles, or other noxious weeds mentioned in this section, are growing on such lands, and that such Canada thistles, or other noxious weeds, shall be cut and destroyed within five days after the service of such notice; and in default thereof, the said township trustees shall enter upon such lands and cut and destroy such thistles, or other noxious weeds; and that the cost of cutting the same with the cost of such notice, will become a lien against said lands. Any constable or deputy, marshal of any city or village, or deputy, is hereby authorized to make service and return of any such notice, and the fees of such service and return shall be the same as are allowed for service and return of summons in civil cases before magistrates. If any owner, lessee, agent or tenant having charge of any such lands shall fail to comply with such notice, the township trustees shall cause said thistle or other noxious weeds aforesaid to be cut and destroyed, and may employ any person to perform such labor, and allow such person fifteen cents per hour for the time occupied in performing such labor, and pay the sum for such labor out of any money in the treasury of said township not otherwise appropriated, and take receipt for the same. Said township trustees shall make return in writing to the board of commissioners of their county, with a statement of the charges for their services, the amount paid to the person for performing such labor, together with the fees of the officers who made the service of notice and return with a proper description of the premises; and the same having been allowed, shall be entered upon the tax duplicate, and shall be a lien against said lands, from and after the date of such entry on the duplicate, and shall be collected as other taxes, and returned to the township with the general fund.

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SECTION 2. That section 4732 as amended April Repeals. 25, 1893 (O. L., 90 vol., p. 302), is hereby repealed.

SECTION 3. This act shall take effect and be in force

from and after the first day of May, 1896.

DAVID L. SLEEPER,

Speaker of the House of Representatives.
ASAHEL W. JONES,

President of the Senate.
95G

[Senate Bill No. 17.]

AN ACT

To supplement section 3643 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 3643 of the Revised Statutes Insurance combe supplemented as follows:

panies other than life:

Insertion of coinsurance clause in policy unlaw

ful

SEC. 3643a. It shall be unlawful for any insurance company doing business in this state, to insert, or cause to be inserted, any condition in any policy of insurance issued in this state, upon property therein, any clause prescribing that the insured shall carry any given per cent. of insurance upon insured property, or in case the assured failed to do so, he shall be held to be a coinsurer to the amount of the difference between the insurance carried and the amount required to be carried, by any per cent. clause set out in any policy of insurance; and any insurance company violating Penalty for this section, the superintendent of insurance shall forthwith violation. revoke and recall the license or authority of it to do or transact business within this state, and no renewal of authority shall be granted to it for three years after such revocation; and it shall thereafter be prohibited from transacting any business in this state until again duly licensed and authorized. Provided, that the provisions of this section Railroad or mashall not apply to railroad or marine insurance.

SECTION 2. This act shall take effect and be in force

from and after April 1, 1896.

DAVID L. SLEEPER,

Speaker of the House of Representatives.

ASAHEL W. JONES,

President of the Senate.

96G

rine insurance.

Public library

cities.

[House Bill No. 256.]

AN ACT

To authorize certain cities to issue bonds for public library purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of any city of the second bonds of certain class, third grade or of any city excepting cities of the second class, third grade "a," which according to the federal census of 1890 had, or which according to any subsequent federal census shall have not less than 27,000 nor more than 34,000 inhabitants, may issue and sell their bonds for the purpose of purchasing the real estate for a public library building and the erecting of a public library building thereon in any sum not exceeding $125,000, in denominations not exceeding $1,000 and not less than $100 each, bearing interest not exceeding six per cent. per annum, payable semi-annually, and payable at any time not more than twenty-five years from the date of their issue, as such council may determine. Such bonds shall be known as "public library bonds" and shall not be sold for less than their par value, and in all respects not herein provided for their issuance and sale shall be in accordance with the provisions of section 2709 of the Revised Statutes of Ohio.

Tax to pay interest and principal.

Submission of question to voters.

SECTION 2. To pay the interest and principal upon such bonds as the same shall become due, such council shall, annually levy upon all the taxable property of such city, a tax sufficient in rate and amount to pay the interest and to provide a sinking fund to pay such bonds at maturity, and such tax may be additional in rate and amount to all other taxes authorized to be levied for any and all other purposes. Such taxes shall be levied and collected as other taxes of such cities.

SECTION 3. Before any bonds are issued or taxes levied as hereinbefore provided, the question of issuing said bonds shall be submitted to the voters of the city at a general or special election, and whenever the council of said city shall, by resolution, declare it necessary to issue and sell the bonds of said municipal corporation for the purpose hereinbefore mentioned in any amount specified in such resolution not exceeding the amount hereinbefore provided and shall by such resolution fix a date upon which the question of issuing and selling such bonds shall be submitted to the electors of the municipality and shall cause a copy of such resolution to be certified to the board of elections of said city and such board of elections shall, within ten days thereafter, proceed to prepare the ballots and make all other necessary arrangements for the submission of such question to the electors of said municipal corporation at the time fixed in said resolution. Such election, if held at the time of a general election, shall be held at the regular place or places of voting in such municipality and shall be con. ducted, canvassed and certified in the same manner, except

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