jail not less than twenty nor more than sixty days, or both for each subsequent offense. SECTION 9. The word "person" as used in this act, shall include persons, corporations and companies. SECTION 10. An act entitled "An act to regulate the branding of cheese in the state of Ohio, and to prevent fraud in its manufacture and sale," as passed May 19, 1894, is hereby repealed, and this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed March 3, 1896. Crimes against the person: Rape. Repeals. [Senate Bill No. 113.] AN ACT To amend section 6816 of the Revised Statutes of Ohio, as passed SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 6816 of the Revised Statutes of Ohio as passed March 13, 1894 (O. L., vol. 91, p. 61), be amended so as to read as follows: SEC. 6816. Whoever has carnal knowledge of a female person, forcibly and against her will, or, being eighteen years of age, carnally knows and abuses a female person under sixteen years of age, with her consent, is guilty of rape. SECTION 2. That said section 6816 of the Revised Statutes, as passed March 13, 1894 (O. L., vol. 91, p. 61), be, and the same is hereby repealed. SECTION 3. That this act shall take effect and be in force from and after its passage. CHARLES II. BOSLER, Speaker pro tem, of the House of Representatives. INO. C. HUTSINPILLER, President pro tem. of the Senate. 49G Passed March 3, 1896, Penalty for man- of goods improp- ling silver," "sil ver" or solid silver" [House Bill No. 47.1 AN ACT To regulate the sale of goods marked "sterling," "sterling silver,” "coin" or "coin silver." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That a person who makes or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of any article of merchandise marked, stamped, or branded with the words "sterling," or "sterling silver," or incased or inclosed in any box, package, cover or wrapper or other thing in, by or which the said article is packed, inclosed, or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trade-mark, indicating or denoting by such stamping, branding, engraving or printing, that such article is silver, sterling silver or solid silver, unless nine hundred and twenty-five one-thousandths part of the component parts of the metal of which said article is manufactured is pure silver, is guilty of a misdemeanor, and be fined in any sum not exceeding one hundred ($100.00) dollars. SECTION 2. A person who makes or sells, or offers to sell or dispose of, or has in his possession with intent to seil or dispose of, any article of merchandise marked, stamped or branded with the word "coin," or "coin silver," or encased or inclosed in any box, package, cover or wrapper or other thing in, by or which the said article is packed, inclosed or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trade-mark, indicating or denoting by such mark ing, stamping, branding, engraving or printing that such article is coin or coin silver, unless nine hundred onethousandths part of the component parts of the metal of which the said article is manufactured is pure silver, is guilty of a misdemeanor, and be fined in any sum not exceeding one hundred ($100.00) dollars. SECTION 3. To take effect on and after the first day of July, 1896. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed March 5, 1896. Penalty for man ufacture or sale of goods improp erly marked silver." "coin" or "coin. [House Bill No. 118.] AN ACT To amend section 6942 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 6942 of the Revised Statutes be amended so as to read as follows: SEC. 6942. A keeper of a place where intoxicating liquors are sold in vioiation of law shall be fined not more than one hundred nor less than fifty dollars, or imprisoned not more than thirty nor less than ten days, or both; and upon conviction of such keeper, the place where such liquor is sold shall be deemed to be a common nuisance, and the court shall order him to shut up and abate the same, unless he make it appear to the court that he does not then sell liquor therein in violation of law, or gives bond, payable to the state of Ohio, in the sum of one thousand dollars, with sureties to the acceptance of the court, that he will not sell Giving away, etc., deemed unlawful sale. Repeals, etc. liquor therein in violation of law, and will pay all fines, costs and damages assessed against him for violation of the laws relating to the sale of intoxicating liquor; and the giving away of intoxicating liquor, or other shift or device to evade the provisions of this section, shall be deemed and held to be unlawful selling. SECTION 2. Said original section 6942 is hereby repealed and this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed March 5, 1896. Additional judge in third subdivision of second district. First election and term of office. Jurisdiction, powers, duties and penalties. Vacancy caused by death, resignation, etc. [House Bill No. 167.] AN ACT To authorize the election of one additional judge of the court of common pleas in the third subdivision of the second judicial district. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, Two-thirds of all the members elected to each branch thereof concurring, that there shall be one additional judge of the court of common pleas in and for the second judicial district, who shall reside in the third subdivision thereof, and who shall be elected by the qualified electors of the counties of Clinton, Greene, Montgomery and Warren, such counties comprising said third subdivision, and such additional judge shall be in addition to the other additional judges of said court residing, and to reside, in said third subdivision, and heretofore provided for by law. SECTION 2. That the first election of such additional judge shall be held on the first Tuesday after the first Monday of November, 1896, and he shall be elected for the term of five years, commencing on the fourth Monday of November, 1896. SECTION 3. That such additional judge provided for by this act, when elected and qualified, shall in every respect have the same jurisdiction, possess the same powers, discharge the same duties and incur the same penalties as are now or hereafter may be enforced or enjoined by the constitution and laws of the state of Ohio upon the judges of the court of common pleas. SECTION 4. That any vacancy that may occur in the office of such additional judge by death, resignation or otherwise shall be filled as in cases of vacancy in the office Election of suc of the other judges of the court of common pleas, and every five years after the said first election of such additional cessor. judge, his successor shall in like manner be elected for the same term of office as is provided for by the constitution and laws of the state of Ohio for the election of other judges of the court of common pleas. SECTION 5. That this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. President pro tem. of the Senate. To provide for the refunding of certain outstanding bonds and certificates of indebtedness of this state. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of the sinking State refunding fund, for the purpose of refunding the bonds of the perma- bonds. nent debt of this state, amounting to two hundred and fifty thousand ($250,000) dollars, falling due July 1, 1896, and the bonds of the permanent debt of this state, amounting to two hundred and fifty thousand ($250,000) dollars, falling due July 1, 1897, be and they are hereby authorized and empowered to issue the bonds of this state, bearing interest at the rate of not exceeding three per cent. per annum, payable semi-annually on the first day of January and the first day of July of each and every year, to the amount of five hundred thousand ($500,000) dollars, two hundred and fifty thousand ($250,000) dollars of such refunding bonds to be issued in the year 1896 and made payable July 1, 1901, and two hundred and fifty thousand ($250,000) dollars thereof to be issued in the year 1897 and made payable July 1, 1902; the proceeds of such bonds to be placed to the credit of the sinking fund and the bonds themselves to be payable, interest and principal, out of the sinking fund. SECTION 2. For the purpose of refunding and extending the time of payment of certificates of indebtedness of the temporary loan of the state amounting to two hundred and fifty thousand ($250,000) dollars, falling due July 1, 1896, the commissioners of the sinking fund are hereby authorized and empowered to issue the certificates of indebtedness of this state, bearing interest at the rate of not exceeding three per cent. per annum, payable semi-annually on the first day of January and the first day of July of each and every year, to the amount of two hundred and fifty thousand ($250,000) dollars, payable July 1, 1897; the proceeds of said certificates of indebtedness to be placed to the credit of the sinking fund, and used for the payment of two State refunding certificates of indebtedness. www. hundred and fifty thousand ($250,000) dollars in amount of the five hundred thousand ($500,000) dollars of certificates of indebtedness, falling due July 1, 1896; the certificates of indebtedness issued under this act to be payable, interest and principal, out of the sinking fund. SECTION 3. This act shall take effect and be in force on and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed March 5, 1896. Treasurer of school funds: Annual settlement by treasurer with county auditor. Repeals, etc. [House Bill No. 372.] AN ACT To amend section 4044 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4044 of the Revised Statutes be so amended as to read as follows: SEC. 4044. The treasurer shall, annually, within the first ten days of September, settle with the county auditor for the preceding school year, and for that purpose shall make a certified statement showing the amount of money received, from whom, and on what account, and the amount paid out, and for what purpose; he shall produce vouchers for all payments made; if the auditor, on examination, find the statement and vouchers to be correct, he shall give the treasurer a certificate of the fact, which shall, prima facie, be a discharge of the treasurer for the money paid; and for making such settlement he shall be entitled to receive the sum of one dollar, and also five cents per mile for traveling to and from the county seat, to be paid out of the county treasury, on the order of the county auditor. When the treasurer's term begins on the first day of September the annual settlement shall be made by the outgoing treasurer. SECTION 2. That section 4044 be and the same is hereby repealed and this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. JNO. C. HUTSINPILLER, President pro tem. of the Senate.. 54G Passed March 5, 1896. |