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cluded.

scribed in this act; but this act shall not include the making what not in-
of garments or other goods by any person for another by
personal order, and when received for wear or use direct
from the maker's hands, and all violations of the provisions
of this act shall be prosecuted by the inspector with the ad-
vice and consent of the chief inspector of workshops and
factories.

By whom violations prose

cuted.

Penalty for violation; disposi

tion of fine.

SECTION 6. Any person, firm or corporation who shall violate any of the provisions of this act shall, upon conviction thereof, be fined in any sum not less than fifty dollars nor more than one hundred dollars for each offense, or imprisoned not less than thirty nor more than sixty days or both, at the option of the court, such fine to be collected by the court in which conviction is had and turned over to the chief inspector of workshops and factories, and by him to be paid into the state treasury to be credited to the general revenue fund; and in all prosecutions brought by or under Costs in prosethe direction of the inspector of workshops and factories for cutions. the violation of this act, he shall not be held to give security for costs, or adjudged to pay any costs, but in all cases where the accused be acquitted or is found to be indigent, the costs shall be paid out of the county treasury of the county in which proceedings are brought, the same as the costs in all other cases of misdemeanor.

SECTION 7. This act shall take effect and be in force
on and after its passage.

DAVID L. SLEEPER,
Speaker of the House of Representatives.

JNO. C. HUTSINPILLER,

Passed April 27, 1896.

President pro tem. of the Senate.
215G

[House Bill No. 114.]

AN ACT

To repeal section 16 of an act entitled "An act to prevent adultera-
tion of and deception in the sale of dairy products, and supple-
mentary to chapter II, title I, part 4, of the Revised Statutes.
(Passed and took effect May 17, 1886; 83 O. L., 178.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 16 of an act entitled "An act to prevent adulteration of and deception in the sale of dairy products, and supplementary to chapter II, title I, part 4, of the Revised Statutes," passed and took effect May 17, 1886, 83 O. L. 178, be and the same is hereby repealed.

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 April 27, 1896.

ASAHEL W. JONES,

President of the Senate.

216G

section providing compensaers repealed.

tion for inform

Creation of corporations:

Certification of official character

of officer before

whom acknowledged; filing

and recording of

articles and subsequent certificates; evidence of existence; same or similar name.

Repeals, etc.

[Senate Bill No. 163.]

AN ACT

To amend section 3238 of the Revised Statutes.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 3238 of the Revised Statutes of Ohio be so amended as to read as follows:

SEC. 3238. The official character of the officer before whom the acknowledgment of articles of incorporation is made shall be certified by the clerk of the court of common pleas of the county in which the acknowledgment is taken, and the articles shall be filed in the office of the secretary of state, who shall record the same, and a copy duly certified by him shall be prima facie evidence of the existence of such corporation, and all certificates thereafter filed in the office of the secretary of state, relating to the corporation shall be recorded; but the secretary of state shall not in any case file or record any articles of incorporation in which the name of the corporation is the same as one already adopted or appropriated by an existing corporation of this state or so similar to the name of such existing corporation as to be likely to mislead the public, unless the written consent of such prior existing corporation signed by its president and secretary, be at the same time filed with such articles of incorporation.

SECTION 2. That said original section 3238 of the Revised Statutes be and the same 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.

JNO. C. HUTSINPILLER,

Passed April 27, 1896.

President pro tem. of the Senate. 217G

Insurance com

panies other than life:

Sufficiency of bonds, recognizances and undertakings executed or guaranteed by companies.

[Senate Bill No. 118.]

AN ACT

To amend section 3641c of the Revised Statutes of Ohio, as amended
April 11, 1893, and to further supplement section 3641 of the
Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 3641c of the Revised Statutes of Ohio, as amended April 11, 1893, be amended so as to read as follows:

SEC. 3641c. In all cases in which any bond, recognizance or undertaking is now, or hereafter may be required or permitted by law, with one or more sureties, the execution of the same or the guaranteeing thereof, as the case may be, as sole surety, shall be sufficient by a company au

sum paid com

pany.

thorized to guarantee the fidelity of persons holding places of public or private trust, to guarantee the performance of contracts other than insurance policies, and to execute and guarantee bonds and undertakings in actions or proceedings or by law allowed; and when so executed and guaranteed, shall be in all respects, a full and complete compliance with every requirement of law, ordinance, rule or regulation that such bond, undertaking or recognizance shall be executed and guaranteed by one surety or two or more sureties, or that such sureties shall be residents or householders or freeholders; and any judge, court or officer, Allowance for whose duty it is to pass upon the account of any assignee, trustee, receiver, guardian, executor, administrator or other fiduciary, required by law to give bond as such, and whenever such assignee, receiver, trustee, guardian, executor, administrator or other fiduciary, has given bond with a surety company as surety thereon, shall allow, in the settlement of the account of such assignee, receiver, trustee, guardian, executor, administrator or other fiduciary, a reasonable sum paid a company authorized under the laws of this state so to do, for becoming his surety on such bond, not exceeding, however, one-half of one per cent. per annum on the amount of such bond; unless such bond shall be in double the amount of the liability of such fiduciary, when the sum so allowed shall not exceed the sum of one-fourth of one per cent. per annum; provided, however, that such company has complied and continued to comply with the laws of this state relative to such companies, and with such requirements as to justification, as may be prescribed by the head of the department, court, judge, or officer required to approve or accept the same, and provided that such bond, recognizance or undertaking be approved by the head of the department, court, judge or officer required to approve or accept the same. This section shall apply to and authorize any surety company above defined to become surety upon the bond required by law of any state officer, (except the superintendent of insurance,) and of any county, township or municipal officer. Such surety company may be accepted by the officer or officers required to approve such bond, in lieu of the sureties now required by law.

SECTION 2. Section 3641 is further supplemented by the following section, numbered as indicated:

SEC. 3641d. Every company organized for the purpose of guaranteeing the titles to real property shall before commencing business in this state, deposit an amount equal to one-half of its capital stock, and in no event less than the sum of two hundred and fifty thousand dollars, with the superintendent of insurance, in the securities permitted by sections 3637 and 3638 of the Revised Statutes, and the entire stock of such title guaranty and abstract company shall be paid up, and with the exception of the deposit aforesaid, shall be invested only as the board of directors of said company may prescribe.

Provisos.

Bonds of public officers.

Deposit required of title guaranty company; restock.

and abstract

quirements as to

Repeals, etc.

SECTION 3. Section 3641c of the Revised Statutes, as amended April 11, 1893, 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 April 27, 1896.

President of the Senate. 218G

Tavern:

Liability for loss of or injury to certain property

of guest; special

arrangement as to other property.

[Senate Bill No. 174.]

AN ACT

To amend and supplement section 4427 of the Revised Statutes of
Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4427 of the Revised Statutes of the state of Ohio be amended so as to read as follows:

SEC. 4427. No innkeeper, whether individual, partnership or corporation, who constantly has in his inn an iron safe, or suitable vault in good order, and fit for the safe custody of money, bank-notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and who keeps on the doors of the sleeping rooms used by his guests suitable locks and bolts and on the transoms and windows of said rooms suitable fastenings, and who keeps a copy of this section printed by itself in large, plain pica type and framed, constantly and conspicuously suspended in the office, bar-room, saloon, reading, sitting and parlor-rooms of his inn, and also a copy printed by itself, in ordinary sized, plain pica type, posted upon the inside of the entrance door of every public sleeping room of his inn, shall be liable for the loss of or injury to any such property suffered by any guest, unless such guest has offered to deliver the same to such innkeeper for custody, in such iron safe and such innkeeper has refused or omitted to take it and deposit it in such safe for custody and to give such guest a receipt therefor. Provided, however, that the keeper of any inn shall not be obliged to receive from any one guest for deposit in such safe or vault any property hereinbefore described exceeding a total value of five hundred dollars, and shall not be liable for any excess of such property whether received or not; but such innkeeper may by special arrangement with a guest receive for deposit in such safe or vault any property upon such terms as they may agree to in writing; but every innkeeper shall be liable for any loss of the above enumerated articles by a guest in his inn, caused by the theft or negligence of the innkeeper or any of his servants.

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SECTION 2. That section 4427 of said Revised Statutes be supplemented as follows:

SEC. 4427a. The liability of the keeper of any inn whether individual, partnership, or corporation, for loss of or injury to personal property placed by his guests under his care, other than that described in the preceding section, shall be that of a depositary for hire; provided, however, that in no case, shall such liability exceed the sum of one hundred and fifty dollars for each trunk and its contents, fifty dollars for each valise and its contents, and ten dollars for each box, bundle or package, and contents, so placed under his care, unless he shall have consented in writing with such guest to assume a greater liability.

Character of liability as to such limitations.

other property;

SECTION 3. That section 4427 of the Revised Stat- Repeals, etc. utes is hereby repealed, and this act shall take effect from

and after its passage.

DAVID L. SLEEPER,

Speaker of the House of Representatives.

ASAHEL W. JONES,

1

Passed April 27, 1896.

President of the Senate.
219G

[Senate Bill No. 203.]

AN ACT

To supplement section 5809 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of

the State of Ohio, That section 5809 of the Revised Statutes Actions to sell of Ohio be supplemented as follows, to wit:

SEC. 5809a. Money arising from such sales, may, under the direction and approval of the court be invested in bonds which are either a portion, or the whole of an issue of bonds secured by first mortgage or trust deed, upon the real estate so sold, under such restrictions as said court may prescribe, which investment shall be reported to the court and be subject to its approval and confirmation.

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 April 27, 1896.

ASAHEL W. JONES,

President of the Senate.

220G

entailed and other estates:

Further investment of pro

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