Sec. 3440. When the council or commissioners make such Appropriation of property for grant, the company or person to whom the grant is made such railways. may appropriate any property necessary therefor when the owner fails to expressly waive his claim to damages by reason of the construction and operation of the railway; and in any Toledo. city of the third grade of the first class any person, persons or company which is authorized to construct and operate and has constructed and is operating a street railway, may appropriate any property necessary for the purpose of occupying and using under section 3438 any existing street railway track or tracks, subject to the limitations of said section, and for not more than one-eighth of the entire distance between the termini of the route as actually constructed, operated and run over, of the appropriating company or person at the time appropriation proceedings are begun, such appropriation to be made in the mode and manner provided for the appropriation of property in part third, title 2. chapter 8, of the Revised Statutes; and in counties containing a city of the Cuyahoga second grade of the first class the power to appropriate may county. be exercised, as herein before provided, for the purpose of constructing a street railway along a highway occupied by a turnpike or plank road company when the person, persons or company authorized to construct such street railway can not agree with such turnpike or plank road company upon the terms and conditions upon which such highway may be occupied, and when such appropriation will not unnecessarily interfere with the reasonable use of such highway by such turnpike or plank road company; provided, nothing herein contained shall affect the rights of property owners to give or withhold their consent concerning the right of way for street railroads upon any street or road. SECTION 2. Said section 3440, as amended April 11, A. Repeals, etc. D. 1890, be and the same is hereby repealed; and this act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN Speaker of the House of Representatives. President of the Senate. Passed April 16, 1892. 284G [House Bill No. 592.] AN ACT To amend section 863 of the Revised Statutes. missioners: SECTION 1. Be it enacted by the General Assembly of the State County comof Ohio, That section 863 of the Revised Statutes of Ohio be so amended as to read as follows: Sec. 863. Where a bridge or [on] any state or county road, or any public building, the property of or under the control or supervision of any county, is injured or destroyed, or when any state or county road or public highway has been injured Damages for injuries to ings and bridges, build roads. Repeals, etc. or impaired by placing or continuing therein, without lawful authority, any obstruction, or by the changing of the line, filling up or digging out of the bed thereof, or in any manner rendering the same less convenient or useful than it had been previously, by any person or corporation, such person or corporation shall be subject to an action for damages; and the board of commissioners of the proper county is authorized to sue for and recover of such person or corporation so causing or having caused such injury or impairment, such damages as have accrued by reason thereof, or such as are necessary to remove the obstruction or repair the injury; but in case the county commissioners shall neglect, fail or refuse to bring such action for ten days after being petitioned so to do by at least ten owners of property adjoining such county road or living within one mile of such bridge or public building, then any one or more of such owners of property shall have the right and are hereby authorized to bring suit in the name of the prosecuting attorney of the county in which such property is situated, and recover of such person or corporation so causing or having caused such injury or impairment, such damages as have accrued by reason thereof, or such as are necessary to remove the obstruction or repair the injury; and the money so recovered shall, when so collected by the proper officer, be paid into the treasury of the proper county and shall be appropriated by the commissioners thereof in repairing such bridge, building or road, or removing such obstruction, as the case may be, or to reimburse the county for expenditures in that behalf; the court may, in case of a recovery, make such order as is deemed necessary to repair the injury or remove the obstruction complained of; and the statute of limitations shall not run in favor of any person or corporation committing any acts, injuries or obstructions concerning any such road or public highway. SECTION 2. Said original section number 863 is hereby repealed, and this act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN. Speaker of the House of Representatives. President of the Senate. Fish: To amend section 4219 and repeal sections 4220 and 4221 of the Revised SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4219 of the Revised Statutes of the state of Ohio be amended to read as follows: Sec. 4219. There shall be erected and maintained by the county commissioners of any county in this state where there is a dam across any river or creek, upon the petition of not less than five freeholders of said county, a sufficient passageway or chute for the passage of fish over such dam, which chute shall be kept open and free for the passage of fish, said commissioners to let the work of erecting such passageway or chute, and providing the materials therefor, to the lowest responsible bidder, and when built and accepted by the commissioners all expense attendant upon the erection or maintenance of the same shall be paid by the said commissioners out of the funds of said county not otherwise appropriated; provided, however, when any dams are owned by the state across said streams, said chutes or passageways shall be built by the board of public works. Chutes for passage of fish over dams. SECTION 2. That said original sections 4219, 4220 and Repeals. 4221 are hereby repealed. SECTION 3. This act shall take effect and be in force To amend section 2 of an act supplementary to "An act authorizing county commissioners and city councils to aid and encourage industrial schools and children's homes, for the benefit of neglected and destitute children," passed and took effect April 22d, 1890. SECTION 1. Be it enacted by the General Assembly of the State Children's of Ohio, That section two of an act supplementary to "An act home: authorizing county commissioners and city councils to aid and encourage industrial schools and children's homes for the benefit of neglected and destitute children," passed and took effect April 22, 1890, be so amended as to read as follows: to buildings, Sec. 2. When such commissioners have contributed the Contributions whole amount of said purchase money, and find the build- for additions ings are not sufficient to enable such incorporated children's improvement home to accommodate all the neglected and destitute children and repairs. of such county, they are hereby authorized to contribute, subject to the conditions provided in section one of this act, such amount as they deem sufficient to construct the necessary additions to such buildings and to make the necessary improvements of such property, and they are hereby authorized to contribute an amount not exceeding three hundred dollars in any one year for the purpose of keeping such property in repair. Repeals. SECTION 2. Said original section 2 is hereby repealed. SECTION 3. from and after its passage. LEWIS C. LAYLIN. Passed April 16, 1892. ` 287G President of the Senate. Appropriation for heating, lighting - nd equipping Ohio cottagent national wom en's relief corps home. [House Bill No. 727.] AN ACT Making appropriation for furnishing, heating, lighting and equipping cottage at national women's relief corps home. SECTION 1. Be it enacted by the General Assembly of the Slate of Ohio, That there be and hereby is appropriated out of any moneys in the state treasury to the credit of the general revenue fund not otherwise appropriated the sum of five thousand dollars ($5,000.00) for the purpose of heating, lighting and equipping the cottage erected on the grounds of the national women's relief corps home at Madison, Lake county, Ohio, erected according to the provisions of an act passed. March 17th, 1891 (88 O. L. page 140). The said sum of money shall be drawn from the treasury according to the provisions of said act of March 17th, 1891, and this shall be in lieu of all liabilities or supposed liabilities of the state of Ohio to said board of construction of said home, and no deficiency shall hereafter be allowed in favor of said home by any authority of the state having the right to authorize deficiencies in certain contingencies. SECTION 2. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN. Speaker of the House of Representatives. Passed April 16, 1892. 288G President of the Senate. Assessments: [House Bill No. 731.] AN ACT To amend and to supplement section 2264 of the Revised Statutes of Ohio, as amended March 31st, 1891 (88 O. L., 250). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 2264 of the Revised Statutes as amended March 31st, 1891, be so amended and supplemented as to read as follows: which may be to Cleveland. Sec. 2264. In the cases provided for in the last section, Assessments and in all cases where an improvement of any kind is made, made special; except in cities of the second grade of the first class, of an ex- exception as isting street, alley or other public highway, the council may decline to assess the costs and expenses in the last section mentioned or any part thereof, or the costs and expenses or any part thereof of such improvement, except as hereinafter mentioned, on the general tax list, in which event such costs. and expenses or any part thereof which may not be so assessed on the general tax list, shall be assessed by the council on the abutting and such adjacent and contiguous or other benefited lots and lands in the corporation, either in proportion to the benefit which may result from the improvement, or according to the value of the property assessed or by the foot front of the property bounding and abutting upon the improvement, as the council by ordinance setting forth specifically the lots and lands to be assessed may determine before the improvement is made, and in the manner and subject to the restric Toledo. tion herein contained; and the assessments shall be payable Installments. in one or more installments, and at such times as the council may prescribe; but this section shall be subject to the provisions of chapter two of this division, and in cities of the Cincinnati and first and third grades of the first class, at the time when the council determines that the cost of such improvement is to be assessed as above provided, it shall also determine in how many installments said assessments shall be payable; at what intervals, if payable in more than one installment; also whether or not bonds shall be issued in anticipation of such assessment; and when bonds are issued in anticipation of the collection of such a sessment, the interest accrued and to accrue on said bonds shall be considered and treated as part of the costs and expenses of such improvement for which assessments may be made. In cities of the third grade of Toledo, the first class, such assessments, when made, shall become due and payable at the time and in the manner provided by the council, and if said assessments or any installment thereof shall not be paid at the time the same becomes due, a penalty of fifteen (15) per centum shall thereupon attach to such unpaid assessment or installment, and thereafter such unpaid assessment or installment shall bear interest until the payment thereof at the same rate as the bonds issued in anticipation of the collection of such assessment; and the county auditor shall, annually, place upon the tax duplicate the penalty and interest herein provided for. When the council of said cities of the third grade of the first class shall determine to issue bonds in anticipation of the collection of assessments provided for in this section or required by section twentytwo hundred and seventy-four (2274), the provisions of section two thousand seven hundred and two (2702) shall not apply; nor shall said section 2702 apply when a part, not in excess of one-third of the cost and expenses of any such improvement or appropriation is to be paid by any such city by levy or assessment upon the general tax list, issue of bonds, or otherwise, as may be provided by law; and any such city of the third grade of the first class is hereby authorized to |