the same having first been audited and allowed by the board at the rate of compensation allowed by law for road work; and the amount so paid shall be entered upon the duplicate Entering of against the land on which the said trees or diseased branches expenses upon tax duplicate; were so removed and destroyed, and collected the same as collection. other taxes, and returned to the county fund; but the owner, Notice to lessee or agent of any land upon which such trees so diseased owner, lessee are situated, shall be first notified by some person interested, lan at least five days previous to th entering thereon by the supervisor. 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. or agent of Passed March 2, 1892. 50G President of the Senate. [House Bill No 240.] AN ACT To amend section 8976, as passed April 14, 1888. missioners: SECTION 1. Be it enacted by the General Assembly of the State County comof Ohio, That section 8976 of the Revised Statutes, as passed April 14, 1888 (85 O. L., page 266), be and the same is hereby amended so as to read as follows: Allowance for expenses county). (Franklin Sec. 8976. In counties which contain a city of the first grade of the second c'ass, each commissioner shall be allowed for expenses incurred by said commissioner in the proper dis charge of his duties within said county, the sum of eight hundred dollars ($800.00) per annum, said sum to be paid out of the county treasury on the warrant of the county auditor. SECTION 2. Said section 8976, as passed April 14, 1888, Repeals is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN, Speaker of the House of Representatives. Passed March 2, 1892. ANDREW L. HARRIS, President of the Senate. State roads: Commissioners to view and survey [House Bill No. 173.] AN ACT To amend section 4617 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the S'ate of Ohio, That section 4617 of the Revised Statutes of Ohio be amended so as to read as follows: Sec. 4617. On application by petition signed by at least. twenty freeholders of each county through which it is proposed proposed road. to lay out and establish any state road, the board of commissioners of each county shall appoint one disinterested freeholder of their respective counties as a commissioner to act with other commissioners so appointed from each county to view and survey the proposed road; provided, that when said proposed road affects but two counties the county commissioners of the county in which three-fifths or more of such proposed road is to be located shall appoint two such commissioners to view and survey the same; provided further, that when such proposed road affects but two counties and the sections of the same in the several counties are approximately equal in length the surveyor or engineer appointed in pursuance of section 4619 herein shall be a third commissioner to view and survey the same. Repeals. SECTION 2. Said original section 4617 be and the same is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN Speaker of the House of Representatives. ANDREW L. HARRIS, Passed March 2, 1892. 49G President of the Senate. Destruction of trees afflicted with blackknot. [House Bill No. 178.] AN ACT To eradicate the disease known as "black-knot" on plum and cherry trees. SECTION 1. Be it enacted by the General Assembly of the Sate plum or cherry of Ohio, That the supervisor of any road district in this state, or the street commissioner of any city or incorporated village, when notified in writing by any person that any plum or cherry trees within his district are afflicted with the disease known as the "black-knot," shall cause the said trees to be cut down and burned, or, where practicable, the diseased branches of same to be so destroyed, during November and December of each year, so as to prevent the spread of said disease; and make return in writing to the board of county commissioners of his county, with his bill of expenses and charges therefor, which bill shall be paid from the county fund, Return to county commissioners; payment of expenses. the same having first been audited and allowed by the board at the rate of compensation allowed by law for road work; and the amount so paid shall be entered upon the duplicate Entering of against the land on which the said trees or diseased branches expenses upon tax duplicate; were so removed and destroyed, and collected the same as collection. other taxes, and returned to the county fund; but the owner, Notice to lessee or agent of any land upon which such trees so diseased owner, lessee are situated, shall be first notified by some person interested, lau at least five days previous to th entering thereon by the supervisor. 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. or agent of Passed March 2, 1892. 50G President of the Senate. [House Bill No 240.] AN ACT To amend section £976, as passed April 14, 1888. missioners: SECTION 1. Be it enacted by the General Assembly of the State County comof Ohio, That section 8976 of the Revised Statutes, as passed April 14, 1888 (85 O. L., page 266), be and the same is hereby amended so as to read as follows: (Franklin Sec. 8976. In counties which contain a city of the first Allowance for grade of the second c'ass, each commissioner shall be allowed expenses for expenses incurred by said commissioner in the proper dis- county). charge of his duties within said county, the sum of eight hundred dollars ($800.00) per annum, said sum to be paid out of the county treasury on the warrant of the county auditor. SECTION 2. Said section 8976, as passed April 14, 1888, Repeals is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. Passed March 2, 1892. LEWIS C. LAYLIN, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate. Sewer bonds (Paulding). Amount. Issue, advertisement, sale and form. Denominations; when payable. Interest. Construction of sewers. Additional tax levy. Payment of bonds and interest. [House Bill No. 346.] AN ACT To authorize the council of any incorporated village having a population by the last federal census, or any following federal census of not less than 1,875 or more than 1,885 to construct sewers and issue bonds for the payment thereof. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of any incorporated village of the state of Ohio, having a population by the last federal census of not less than 1,875 nor more than 1,885, or which may have such population at any subsequent federal census, be and are hereby authorized and empowered, two-thirds of the whole number of the members elected to the council concurring thereto, to issue and sell the bonds of such villages and upon its corporate credit in any sum not exceeding the sum of fifteen thousand dollars ($15,000) for the purpose of constructing sewers in such villages. SECTION 2. Said bonds shall be issued, advertised and sold according to law. They shall express upon their face the purpose for which issued and sold, the act of the general assembly of the state of Ohio, under which authorized, and shall be signed by the mayor and attested by the clerk. SECTION 3. Such bonds shall be issued in such denominations and payable at such times within a period of twenty years as the council of such villages shall by ordinance determine, and shall bear a rate of interest not to exceed six per centum per annum, payable semi-annually; and the sum of money, principal and premium, realized from the sale of such bonds shall be placed in the sewer fund, and be disbursed in the building of such sewers, and as the council may provide. SECTION 4. For the purpose of paying such bonds and the interest thereon as they may become due, the council of such villages are hereby authorized to levy annually a tax upon all the taxable property, both real and personal, of such villages in addition to the amount otherwise allowed by law, to be collected as other taxes; and the money so collected shall be used for the payment of the bonds and the interest thereon, and for no other purpose. SECTION 5. This act shall t..ke effect and be in force from and after its passage. LEWIS C. LAYLIN Speaker of the House of Representatives, Passed March 2, 1892. President of the Senate. [Senate Bill No. 9.] AN ACT To supplement section 6563 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the S'ate Trial, and its of Ohio, That section 6563 of the Revised Statutes be supple- incidents: mented as follows, to-wit: But fee in action for wages. Sec. 6563a. If the plaintiff in any action for wages re- Attorney's cover the sum claimed by him in his bill of particulars, there shall be included in his costs such fee as the court may allow but not in excess of five dollars for his attorney. no such attorney fee shall be taxed in the costs unless said wages have been demanded in writing, and not paid within three days after such demand. If the defendant appeal from On appeal.. any such judgment, and the plaintiff on appeal recover a like sum exclusive of interest from the rendition of the judgment before the justice, there shall be included in his costs such additional fee not in excess of fifteen dollars for his attorney as the court may allow. 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. ANDREW L. HARRIS, President of the Senate. Passed March 3, 1892. 53G [IIouse Bill No. 29.] AN ACT To amend section 5190 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 5190 of the Revised Statutes of Ohio be and the same is hereby amended so as to read as follows: Trial by jury, and verdict: Sec. 5190. When the jury is sworn the trial shall pro- Mode of conceed, except as provided in the next section, in the following ducting the order, unless the court for special reasons otherwise direct: trial. 1. The plaintiff must briefly state his claim, and may Plaintiff's briefly state the evidence by which he expects to sustain it. statement. 2. The defendant must then briefly state his defense, Defendant's. and may briefly state the evidence he expects to offer in statement.. support of it. 3. The party who would be defeated if no evidence were Evidence. offered on either side must first produce his evidence, and the adverse party must then produce his evidence. 4. The parties shall then be confined to rebutting evi- Rebutting dence, unless the court, for good reasons, in the furtherance evidence. of justice, permit them to offer evidence in their original case. |