Insolvent debtors:

Procedure when petition seeks to have land laid out into town lats.

[Senate Bill No. 205.]

AN ACT

To supplement section 6351 of the Revised Statutes of Ohio as amended May 19, 1886 (O. L., 83, p. 236).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 6351a be enacted as supplementary to section 6351 of the Revised Statutes as follows: SEC. 6351a. When any assignee or trustee shall commence a civil action under the provisions of section 6351 of the Revised Statutes in the common pleas court or probate court of the proper county, making all persons in interest, parties to such proceedings; and at the time appointed for the hearing of the petition, and the court being satisfied that all of the parties in interest have been duly notified of the pendency of said petition, according to law, and that such real estate ought to be sold; and if such petition seeks. to have the land or any part thereof laid out into town lots, and the court finds it will be to the advantage of all parties. in interest to have the same done, the court shall also authorize the survey and platting of the land described in the petition, and if the court approve the survey and plat made for that purpose, the court shall also authorize the assigneeor trustee, on behalf of all the parties in interest, to sign, seal and acknowledge the plat in that behalf for record according to law.

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

Speaker of the House of Representatives..

Passed April 27, 1896.

DAVID L. SLEEPER,

ASAHEL W. JONES,

President of the Senate: 221G

Arbitration:

Adjustment of differences be

[Senate Bill No. 211.]

AN ACT

To amend sections 4, 13 and 14 of an act entitled "An act to provide for a state board of arbitration for the settlement of differences between employers and their employes and to repeal an act entitled 'an act to authorize the creation and to provide for the operation of tribunals of voluntary arbitration, to adjust industrial disputes between employers and employes,' passed February 10, 1885," as amended May 18, 1894.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 4, 13 and 14 of said above entitled act be amended so as to read as follows:

SEC. 4. Whenever any controversy or difference not tween employer involving questions which may be the subject of a suit or action in any court of the state exists between an employer

and employes.

25

(whether an individual, copartnership or corporation) and
his employes, if, at the time, he employs not less than twenty-
five persons in the same general line of business in this
state, the board shall, upon application as hereinafter pro-
vided and as soon as practical thereafter, visit the locality
of the dispute and make careful inquiry into the cause
thereof, hear all persons interested therein who may come
or be subpoenaed before them, advise the respective parties
what, if anything, ought to be done or submitted to by
either or both to adjust said dispute. The term employer
in this act includes several employers coöperating with re-
spect to any such controversy or difference, and the term
employes includes aggregations of employes of several em-
ployers so coöperating. And where any strike or lockout Apportionment
extends to several counties the expenses incurred under this of expenses to
act not payable out of the state treasury shall be apportioned
among and paid by such counties as said board may deem
equitable and may direct.

SEC. 13. Whenever it is made to appear to a mayor
or probate judge in this state that a strike or lockout is
seriously threatened, or has actually occurred, in his vicinity,
he shall at once notify the state board of the fact, giving the
name and location of the employer, the nature of the trouble,
and the number of employes involved, so far as his informa-
tion will enable him to do so. Whenever it shall come to
the knowledge of the state board, either by such notice or
otherwise, that a strike or lockout is seriously threatened,
or has actually occurred, in this state, involving an employer
and his present or past employes, if at the time he is em-
ploying, or, up to the occurrence of the strike or lockout,
was employing not less than twenty-five persons in the same
general line of business in the state, it shall be the duty of
the state board to put itself in communication, as soon as
may be, with such employer and employes.

what included and employes."

in "employer"

Mayor or probate judge to notify state board of strike

or lockout.

State board to communicate

with employer and employes.

deavor to effect amicable settle

ment or induce investigate and and assign responsibility.

arbitration,

report cause

SEC. 14. It shall be the duty of the state board in the Board to enabove described cases to endeavor, by mediation or conciliation, to affect an amicable settlement between them, or, if that seems impracticable, to endeavor to persuade them, to submit the matters in dispute to a local board of arbitration and conciliation, as above provided, or to the state board; and said board may, if it deem it advisable, investigate the cause or causes of such controversy and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and may make and publish a report finding such cause or causes, and assigning such responsibility or blame. The board shall have the same powers for the foregoing purposes as are given it by section 9 of this act; provided, if neither a settlement nor an arbitration be had because of the opposition thereto of one party to the controversy, such investigation and publication shall, at the request of the other party, be had. And the expense of any publication under this act shall be certified and paid as provided therein for payment of fees.

Repeals, etc.

SECTION 2. That said sections 4, 13 and 14 are repealed, and this act shall take effect on its passage.

DAVID L. SLEEPER,

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

Passed April 27, 1896.

President of the Senate.. 222G

Fences:

Partition fence where division line in stream.

[Senate Bill No. 225.]

AN ACT

To supplement section 4242 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4242 of the Revised Statutes of Ohio be supplemented by an additional section numbered as follows:

SEC. 4242a. Where the division line of adjacent land owners is in a stream of water along which division line it is impractical to construct and maintain a partition fence, and where such partition fence is necessary to prevent domestic animals of one of said land owners from trespassing upon the land of the other, and where the trustees of any township have heretofore or may hereafter assign to each of said land owners his part or share of such fence to be constructed and kept in repair, as provided by section 4242 of the Revised. Statutes, the part so assigned to each land owner shall be built and maintained upon his own premises along the bank of said stream, and the parts of the fence so assigned shall be joined together by each land owner constructing a fence or water gate from the end of said fence so assigned to him nearest to the end so assigned the other land owner to the division line in said stream of water; and for the purpose of determining the liability of one of said land owners by reason of the trespass of domestic animals upon the lands of the other, such fence shall be considered and held to be a partition fence.

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

VID

DAVID L. SLEEPER,

Speaker of the House of Representatives..

Passed April 27, 1896.

ASAHEL W. JONES,

President of the Senate:

223G

1

ولو

[House Bill No. 229.]

AN ACT

To supplement section 897 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of

the State of Ohio, That section 897a be enacted as supple- County commismentary to section 897 of the Revised Statutes, as follows:

SEC. 897a. In counties which by the last preceding federal census had a population of not less than 29,040 nor more than 29,075, each county commissioner shall on and after June first, 1896, devote his entire time to the duties of his office if so required, and shall receive a salary at the rate of one thousand ($1,000) dollars per annum to be paid in equal monthly instalments upon the warrant of the county auditor. Said salary shall be in full payment for all services rendered, mileage or any other expenses of any kind incurred except when traveling on official business outside the county each commissioner may be paid his actual expenses after filing with the county auditor an itemized statement of the same attested by his oath and approved by the prosecuting attorney.

sioners:

Duties, salary,

and expenses in Highland county.

SECTION 2. This act shall take effect and be in force Taking effect. from and after June 1, 1896.

DAVID L. SLEEPER,

Speaker of the House of Representatives.

Passed April 27, 1896.

ASAHEL W. JONES,

President of the Senate.
224G

[Senate Bill No. 233.]

AN ACT

To amend section 5545 of the Revised Statutes.

SECTION 1. Be it enacted by the General Assembly of

the State of Ohio, That section 5545 of the Revised Statutes Proceedings of Ohio be amended so as to read as follows:

SEC. 5545. If the defendant, or other person on his behalf, at any time before judgment, cause an undertaking to be executed to the plaintiff, by sufficient surety resident in the county, to be approved by the court, in double the amount of the plaintiff's claim as stated in his affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment shall be discharged, and restitution made of any property taken under it, or the proceeds thereof; and such undertaking shall also discharge the liability of a garnishee in the action, for any property of the defendant in his hands; provided that, when plaintiff's claim is for causing death or a personal injury by a negligent or wrongful act, the undertaking required shall be in such

upon attachment:

Discharge of atliability of garnishee by under

tachment and

taking.

Amount when ing death or injury, etc.

claim for caus

Repeals, etc.

amount as shall be fixed by the court where the action is pending, or a judge thereof, if application is made in vacation.

SECTION 2. That said original section 5545 be, and the same is hereby repealed, and this act shall take effect on its passage.

DAVID L. SLEEPER,
Speaker of the House of Representatives.
JNO. C. HUTSINPILLER,
President pro tem. of the Senate.
225G

Passed April 27, 1896.

Partnership:

Signing and acknowledging of certificate.

New certificate on change in membership: joint stock company or banking partnership.

Fee of clerk.

[Senate Bill No. 239.]

AN ACT

To amend sections 3 and 4 of an act "To prohibit the use of fictitious names in partnership," passed May 19, 1894 (O. L., vol. 91, pp357, 358), as amended February 10, 1896.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 3 and 4 of an act "To prohibit the use of fictitious names in partnership," passed May 19, 1894, as amended February 10, 1896, be amended so as to read as follows:

SEC. 3. The certificate filed with the clerk of the court of common pleas provided in section 1 of this act, must be signed by the partners. and acknowledged by some officer authorized to take acknowledgments of conveyances of real estate; except that in case of a joint stock company or a commercial or banking partnership, whose capital stock is represented by shares or certificates of stock transferable on the books of the concern and whose business is conducted by a board of directors and officers, the president, secretary or cashier of such company or commercial or banking partnership, may sign and acknowledge such certificate, giving therein the names of all the persons interested as partners or shareholders in such company or partnership.

SEC. 4. On every change of the members of a partnership transacting business in this state under a fictitious name or designation which does not show the names of the persons interested as partners in the business, except in the cases mentioned in section 2 of this act, a new certificate must be filed with the clerk of the court of common pleas, as required by this act, on the formation of such partnership; except that in case of a joint stock company or banking partnership, it shall be sufficient, if the certificate provided for in section 1 of this act, is filed once in each year, on or before the first Monday in April; and for the filing and indexing of each certificate under the provisions of this act, said clerk shall be entitled to charge the partnership filing the same the sum of forty cents.