Of bituminous coal, eighty pounds. Of corn in the ear, seventy pounds, until the first of January next after it is raised, and after that date, sixty-eight pounds. (66 v. 28, § 1; 66 v. 117, 34, § 1; 72 v. 14, § 1; 74 v. 33, § 1. SEC. 2. That said original section 4443, as amended February 22, 1882, be and the same is hereby repealed; and this act shall be in force and take effect on and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed April 10, 1884. President of the Senate. When probate court may accept resignation of trustee, or remove him. [House Bill No. 322.] AN ACT To amend section 6334 of the revised statutes of Ohio, as amended SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-three hundred and thirty-four of the revised statutes of Ohio, as amended March 5, 1883 (O. L. v. 80 p. 43), be amended to read as follows: Section 6334. The probate court may accept the resignation of any trustee accounting therein, or who has been appointed thereby, or may remove any such trustee for any cause for which the guardian of a minor may be removed, or because the interest of the trust requires such removal; and when the minor for whom the trustee was appointed has, since the appointment, become a resident of the state and for whom a resident guardian has been appointed, the probate court shall remove such trustee and require an immediate settlement of his account, and upon the resignation, removal or death of any such trustee, the probate court may appoint a successor, who shall give bond in the same manner and with like conditions as required by law of guardians of minors. SEC. 2. That said original section 6334, as amended March 9, 1881, and March 5, 1883, be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed April 10, 1884. President of the Senate. [Senate Bill No. 113.] AN ACT To authorize cities of the first grade of the first class to levy a tax for certain purposes therein named. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all the cities of the first grade of the first class having a population of more than one hundred and fifty thousand, and wherein there is a pest-house or hospital for the care and treatment of pestilential and contagious diseases, governed and controlled by a board of trustees, said board of trustees be and they are hereby authorized to levy a tax not exceeding three twenty-fifths of a mill on the dollar valuation on the grand duplicate of all taxable property in said city, for the year 1884 only, and to certify the same to the auditor of the county wherein said city is situated, on or before the first Monday of June, 1884; and said auditor shall place the same on the tax duplicate of said county, the receipts whereof shall be paid into the county treasury of said county as a special fund for the payment of all expenses incurred by said board of trustees in the care and maintenance of the patients, in such pest-houses or hospital for the care and treatment of pestilential and contagious disease during an eruption of such pestilential and contagious disease, and in extinguishing and paying any existing indebtedness of said hospital incurred in such care and maintenance, and the city treasury of such city shall disburse the same on the order of said board of trustees. signed by the president and countersigned by the secretary of said board. SEC. 2. This act shall take effect and be in force fron and after its passage. A. D. MARSH, Speaker of the House of Representatives. Certain cities may levy tax for pest house purposes. Passed April 10, 1884. President of the Senate. [House Bill No. 290.] AN ACT To amend section 4567c of the revised statutes of Ohio, as amended April 19, 1883 (O. L. vol. 80, p. 201), to clean out water-courses. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section forty-five hundred and sixty-seven (c) of the revised statutes (amended, O. L. v. 80, p. 201) be amended so as to read as follows: Section 4567c. If the commissioners find that the bond has been filed and notice given, they shall proceed to hear and determine the petition, and shall proceed to view the premises along the proposed improvement and the lands of the petitioners affected by said mill dam or mill-dams, and health, com missioners may purchase and dams. Estimating cost of removing same. If conducive if they find that such improvement and removal of said to public mill-dam or mill-dams will be conducive to the public health, convenience or welfare, they shall at once proceed to negotiate with and purchase of the owner or owners of such mill-dam or mill-dams, all rights, title and interest they remove mill may have to or in the same, and all franchises pertaining thereto, receiving thereby the absolute right to remove the same for the free passage of water in the channel of such stream. Said purchases to be made upon such terms and for such price as may seem reasonable and just to said commissioners; at the same time said commissioners shall take with them a competent surveyor or engineer, who shall make a careful estimate of the necessary cost of removing said mill-dam or mill-dams for the free passage of water in the channel of such stream. Said commissioners shall fix a day for further hearing, and order that due notice be served, in writing, by the principal petitioners, upon each and every one of said petitioners, of the time and place of said hearing. If, on said hearing, it appears to the commissioners that the notice herein provided for has not been given, the commissioners shall adjourn to some future time, not exceeding twenty days, and shall order such notice to be given. On the day fixed by the commissioners for final hearing, they shall meet at the time and place appointed, and shall then and there state and make known to the petitioners the amount asked by the owner or owners of such mill-dam or mill dams of all their right, title and interest to and in the same and the franchises pertaining thereto, and for the right to remove the same so that the waters of such stream shall pass through without hindrance; and the necessary cost of removing said mill-dam or milldams, as estimated by said engineer or surveyor, together with all other taxable costs of the proceedings. And if, upon such statement, no objections be made thereto, by said. petitioners, or either of them, said commissioners shall make Cost of to be a record thereof. Said commissioners shall then apportion apportioned to each of said petitioners, in a fair and equitable manner, according to according to the benefits to be derived therefrom, as nearly as can be done, all costs of the proceedings, as in county ditch cases, the amount asked by the owner or owners of said mill-dam or mill-dams, and agreed upon as above, and the amount of cost necessary to the removal of said mill-dam or mill-dams, as reported by the surveyor or engineer. (But in any case, where a mill has become useless or has been destroyed, and has so remained for more than ten years, without any attempt to repair or rebuild the same, the milldam and water-rights and privileges belonging to the same shall be deemed abandoned and the right thereto as against the public health, convenience and welfare, under this act, shall cease and be barred; and the commissioners may, under this act, without bargain or compensation, cause such milldam to be removed and the water course upon which it is located cleaned out and improved, when an apportionment has been made, as herein before stated.) The commissioners benefits. When right to compensa tion barred. Cost of to be taxed against real estate of petitioners. shall then order the said amounts to be placed upon the tax duplicates, against the real estate of said petitioners benefited by the removal of such dam, and to be collected within the time and to meet the payments as far as practicable, in conformity with the provisions of the county ditch law, agreed upon between said commissioners and said mill-dam owner or owners, adding to the first year's assessment the taxable costs of the proceedings, and the estimated costs of removing said mill-dam or mill-dams. Said assessment shall be collected the same as other assessments against real estate, and paid into the treasury of the county wherein said petitioners. reside, and wherein said mill-dam or mill-dams are situated, and shall be paid out by the county treasurer on the warrant of the county auditor, who shall issue his warrants in accordance with the records and orders of the county commissioners. The surveyor or engineer appointed by the Surveyor to commissioners, shall sell at public outcry the work of remov- sell work by ing such mill-dam or mill-dams, and supervise the same, as public outstated in sections forty-four hundred and seventy-five, forty- cry. four hundred and seventy-six, forty-four hundred and seventyseven and forty-four hundred and seventy-eight of the revised statutes of Ohio. From the action of said commissioners in apportioning the costs, expenses and assessments provided herein, there shall be no appeal. SEC. 2. That said original act (section) 4567c be and the same is hereby repealed. SEC. 3. This act shall take effect from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed April 11, 1884. President of the Senate. [House Bill No. 403.] AN ACT To amend sections 6017, 6047, 6049, 6175, 6178, 6187, 6191 and 6192, and to repeal section 6048 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections sixty hundred and seventeen, sixty hundred and forty-seven, sixty hundred and forty-nine, sixtyone hundred and seventy-five, sixty-one hundred and seventyeight, sixty-one hundred and eighty-seven, sixty-one hundred and ninety-one and sixty-one hundred and ninety-two of the revised statutes of Ohio be amended to read as follows: Section 6017. The probate court may at any time remove any executor or administrator, he having twenty days' notice thereof, for habitual drunkenness, gross neglect of duty, incompetency, fraudulent conduct, removal from the state, or Removal of executor or administrator, and cause therefor. How return may be enforced. that there are unsettled claims or demands existing between him and the estate, which in the opinion of the court may be the subject of controversy or litigation between him and the estate, or persons interested therein, or any other cause which in the opinion of such court renders it for the interest of the estate that such executor or administrator be removed, and the other executor or administrator, if any there be, may proceed in discharging the trust, as if the executor or administrator so removed were dead, and if there be no other executor or administrator to discharge the trust, the court may commit the administration of the estate not already administered to some other person or persons, in like manner as if the executor or administrator so removed were dead. Section 6047. If any executor or administrator shall of inventory neglect or refuse to return such inventory within three months after his appointment, the probate court shall issue an order requiring such executor or administrator, at a short day therein named, to return an inventory according to law, or to show cause before the court why an attachment should not issue against him. Removal for neglect to return inventory. Executor to render account, etc. When executor or guardian Section 6049. If such order cannot be served personally by reason of such executor or administrator absconding or concealing himself, or if, after personal service, as provided in the preceding section, such executor or administrator shall neglect for thirty days to make and return such inventory, the court may remove him, and new letters shall be granted as provided in section sixty hundred and seventeen. Section 6175. Every executor or administrator shall, within eighteen months after his appointment, render his account of his administration upon oath, and he shall in like manner render such further accounts of his administration, and every twelve months thereafter, and also at such other times as may be required by the court, until the estate shall be wholly settled, and he may be examined upon oath on any matter relating to his accounts and the payments therein mentioned, and also touching any property or effects of the deceased, which have come to his hands. Section 6175a. Where an executor or administrator has died, or shall by reason of insanity or other incompetency, as provided by law, be placed under guardianship before the shall render estate is fully administered, it shall be the duty of the executor, administrator, or guardian of such deceased or incompetent executor or administrator, to render a final account of such decedent's or ward's administration within six months after his appointment. final account. How compelled to render account. How account may be Section 6178. If any executor or administrator shall fail to render his accounts as herein before directed, he may be compelled to do so, as in case of failing to file an inventory, and the same proceedings may be had to attach and remove him and to appoint a successor. Section 6187. When an account is settled in the absence of any person adversely interested, and without actual notice opened after to him, the account may be opened on his filing exceptions to the account at any time within eight months thereafter; settlement. |