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 b the outgoing treasurer. Passed March 5, 1896. liquor * or 6960. No person shall, at any time, catch, kill or injure, or pursue with such intent, any sparrow, nuthatch, warbler, flicker, vireo, wren, robin, cat-bird, tanager, bobolink, bluejay, oriole, grosbeak, creeper, red start, wax-wing, woodpecker, hummingbird, lark, cuckoo,. thrush, swallow, blue-bird, bunting, red-wing, starling, purple-martin, brownthrasher, American goldfinch, chewink ground robin, pewee or phoebe-bird, chick-adee, or eagle. No person shall at any time, destroy the eggs or. nests of any of the birds named in this section. And any person violating any of the provisions of this act, shall be. guilty of a misdemeanor, and on conviction shall be fined as provided in section sixty-nine hundred and sixty-eight; provided that nothing in this act shall prohibit the killing of the house sparrow at any time, or prohibit the kill3951. For the purpose of affording the advan-ing of the American robin, by the owner or tages of a free education to all the youth of the tenant of any premises where it is found destate, there shall be levied annually a tax on stroying berries or fruit growing on such · the grand list of taxable property of the state, premises. which shall be collected in the same manner as other state taxes, and the proceeds of which shall constitute "the state common school Sec. 1. Be it enacted by the General Assembly fund;" and for the purpose of higher, agricul- of the State of Ohio, That whoever engages in tural and industrial education, including the playing of any public games on decoration manual training, there shall be levied and col day during the rendition of the program, withlected in the same manner a tax on the grand in a radius of one mile from the speaker's list of taxable property of the state, which stand, shall be guilty of a misdemeanor, and shall constitute "the Ohio state university be fined in any sum not exceeding twenty-five fund." The rate of such levy in each case shall be designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the rate for any year, the same shall be for "the state common schoo! fund," one mill; and for "the Ohio state university fund" one-tenth of one mill. upon each dollar of valuation of such taxable property. [88 O. L., 159.] 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. [91 O. L., 61.] Passed March 3, 1896. dollars. GAMES ON DECORATION DAY. PREFERENCES TO SOLDIERS AND SAILORS. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the act of April 3, 1888, be so amended as to read as follows: That in every public department, and all public departments in all municipal corporations, and upon all public works of the state of Ohio, honorably discharged union soldiers, sailors and marines of the late rebellion, shall be preferred for appointment and employment; age, loss of limb or other physical impairment, which does not, in fact, incapacitate, shall not be deemed to disqualify them; provided, however, that the applicant shall have 6942. A keeper of a place where intoxicating office or position is located, for at least one been a resident of the county in which the liquors are sold iu violation of law shall be fined not more than one hundred nor less than year, and possesses the other requisite qualifififty dollars, or imprisoned not more than thirty nor less than ten days, or both; this act shall be deemed a misdemeanor, and Sec. 2. Any violation of the provisions of and upon conviction of such keeper, the place where such liquor is sold shall upon conviction in any court of competent be deemed to be a common nuisance, and the jurisdiction, shall be punishable by a fine of court shall order him to shut up and abate the lot less than fifty dollars ($50.00) and not more same, unless he make it appear to the court than one hundred dollars ($100.00). [85 v. 149]. 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 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 cations. ADDITIONAL JUDGES. Sec. 1. Be it enacted by the General Assembly of the State of Ohio. Two-thirds of all the members elected to each branch thereof coneurring, that there shall be ore 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 over individuals, by the county commissioners of the county in which such institution, or in-. stitutions, are situated, or by the board of health of the municipality in which the same is situated, shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than $25 or six nonths' imprisonment, or both, and for each subsequent offense a fine of not less than $100 and six months' imprisonment. elected by the qualified electors of the counties ercise a reformatory or correctional influence 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 sudivision and heretofore provided for by law. Sec. 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. Sec. 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. Sec. 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 of the other judges of the court of common pleas, and every five years after the said first election of such additional 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. Passed March 5, 1896. VISITATION OF REFORMATORY AND TIONAL INSTITUTIONS. Sec. 5 This act shall take effect and be in force from and after its passage. ADDITIONAL, JUDGES. dockets exists in the courts of common pleas of Section 1. Be it enacted by the General Assembly of the State of Ohio, That for the of the state of Ohio there shall be two addifirst subdivision of the fourth judicial district tional judges of the court of common pleas, who shall be residents of said subdivision of said district, composed of the counties of Erie, Huron, Lucas, Ottawa and Sandusky, to be elected by the qualified voters of said counties as herein provided. Sec. 2. The first election of said additional CORREC-judges shall be held pursuant to the general election laws of the state of Ohio governing the election of judges of the court of common Sec. 1. Be it enacted by the General Assembly pleas, at the general election for state and of the State of Ohio, That every private or pub-county officers on the first Tuesday after the lic hospital, reformatory home, house of deten- first Monday in November, A. D. 1896. And tion, private asylum, and any institution ex-the term of office of said judges shall comercising or pretending to exercise a reformatory or correctional influence over individuals in the state of Ohio, shall be open at any and all times to the inspection of the commissioners of the county in which any such institution is situated, or the board of health of the township, or other municipality in which any such institution is situated. Sec. 2. It shall be the duty of each and every county commissioner to visit, unannounced, every private or public hospital, reformatory home, house of detention, private asylum, and any institution exercising or pretending to exercise a reformatory or correctional influence over individuals situated in his county, at least once every six months to note the sanitary condition thereof, and the condition and treat ment of the inmates thereof. Sec. 3. It shall be the duty of the county commissioners to file a full and complete report of the investigations of the above-named institutions with the prosecuting attorney of the county, which report shall be opened to the examination of the public. Sec. 4. Any official, agent or employee, or other person refusing to permit or in any manner interfering with the inspection of any such public or private hospital, reformatory home, house of detention, private asylum, or any institution exercising or pretending to ex mence on the second Monday of February, 1897, and shall continue for five years; and their successors shall be elected on the first Tuesday after the first Monday in November, 1901, and every five years thereafter. Sec. 3. It shall be the duty of the sheriff of each county of said subdivision to give notice by proclamation as is now provided by law, of the time and place of holding such elections, which shall be conducted and the returns thereof made in the same manner as required by law in cases of the election of judges of the court of common pleas. Sec. 4. Said judges, when elected and qualified, shal receive the same compensation as other judges of said court, and shall also in every respect have the same jurisdiction, possess the same powers, discharge the same duties, and incur the same penalties, as are now or may hereafter be conferred or enjoined by the constitution and laws of the state of Ohio, upon other judges of said court. Sec. 5. If a vacancy occur in the office of said additional judge or judges by death, res ignation, or otherwise; such vacancy shall be filled in the manner now provided by law in vac mcies in the office of the other judges of said court. The publishers of the LEGAL NEWS now have the contract for publishing the Supreme Court Reports of the state, and are enabled to attach advance sheets of these volumes to the LEGAL NEWS, as a second supplement. without charge. These sheets are only for temporary use and do not include indexes. New Subscriptions New subscriptions can begin at any time, and back numbers of the part devoted to the LEGAL NEWS to the beginning of the subscription year will be supplied if desired: but no advance sheets of the Ohio Decisions will be supplied back of the commencement of the current volume. vember 23, 1895. Vol. 1 of Ohio Decisions. Lower Courts, began November 23. 1895. Judge Caldwell, presiding judge of the eighth circuit, was nominated for re-election on the third ballot at the judicial convention which was held in Cleveland, April 25. As a nomination is equivalent to an election in that circuit we are therefore safe in welcoming Judge Caldwell back to the eighth circuit. The supreme court of Minnesota, in the case of Osborne & Co. v. Cargill Elevator Co. (64 N. W. Rep., 1135), in treating of the doctrine relating to the confusion of goods, hold, that when goods of the same kind and value, belonging to different owners, are intermingled and confused by one owner wilfully but not in bad faith, the other owner does not thereby become the owner of the whole, but when the part of the whole mass belonging to the latter is by reason of such confusion made uncertain, every reasonable doubt, as to the amount of his share must be resolved in his favor. The courts of Indiana will be called upon to decide a novel case, and one that is, perhaps," without a parallel in the history of unique litigation. One Palmer Morgan attended revival services at Fairmount, in that state. He became crazed by religious excitement, and died suddenly in church. The coroner's jury decided that death resulted from over excite Vol. 1 of Ohio Decisions, Circuit Courts, began No-ment, and an action has been brought against the church for $25,000 damages, the complainant alleging that, as a religious body conducting and responsible for the services which produced the causes resulting in death, the church is responsible. Bound Volumes. Bound copies of Vol. 1. Vol. 2 and Vol. 3 of the Ohio Decisions can be had at $2.50 per volume. if bound in full sheep, or $2.25 per volume in half sheep. Bound volumes of Vol. 1. OHIO LEGAL NEWS (Toledo Legal News) will be furnished at $2.00 per volume. Bound copies of Vols. 1, 2 or 3 of Ohio Decisions, or of the LEGAL NEWS will be sent in exchange for the advance sheets. at $1.00 per volume in full sheep or 73 cents in half sheep. No sooner has the legislature adjourned thau : certain corporations in Toledo, through their attorneys, are preparing to attack the validity Entered at the Postoffice, Norwalk. Ohio, as second of the Goodale law. The Goodale law, it will class matter. be remembered, provides for the levy of a tax of one-half of one per cent upon the gross As a result of the West side sew trial, incomes of street and steam railroad compawhich has just ended in Columbus, one of the nies, waterworks other than municipal electric jurymen, Frank D. Klotts, has gotten himself light plant, gas plant, both natural and artiinto trouble with the court. It is claimed ficial, pipe lines and messenger service comthat while a juror on the case, he made cer- panies. Should the corporations be successtain assertions to the effect “that if he (Klotts) | ful and knock out this law, it would then begot on the jury, it would cost the defendants come necessary for Governor Bushnell to call some money, or the defendants would go to an extraordinary session of the legislature, to the penitentiary." Klotts most emphatically provide means for defraying the current exdenies ever making any such statement. penses of the state. The revenue which would Judge Pugh has set the case for hearing for be realized from this tax is estimated at about next Saturday morning, May.2. $410.000. In the case of Emery v. Bradley (34 Atl. R., 167), it was held that when a vendor of the plant and good will of a business stipulates, as a part of the contract of sale, that he will not go into or carry on that kind of business in that place, he can be enjoined by a decree in equity from carrying on that business in that place as clerk or agent of some other person. Several of the mayors of cities in La Salle county, Illinois were indicted by the grand jury at the January term of court for a failure to keep the saloons of their respective cities closed on Sunday. Judge Blanchard, of the circuit court, in filing his opinion regarding these cases, says: That the mayor is an executive and administrative officer and not a legislative or judicial one. That he is only responsible for the exercise of care that the laws and ordinances of his respective city are enforced, and not for the enforcement of state laws which do not come under the act for the incorporation of cities and villages and are not created by any power given through it. If Judge Fiedler's opinion in the recent piano case tried in the police court in Cleveland, is sustained, there will be a turning over in the installment business, so it is thought by some of the men engaged therein. The judge's opinion is that a firm has no right to take a piano out of a house when part of the purchase money has been paid, unless that part of the purchase money is returned. It is said on good authority that if this decision is definite in the police court a test case will be made and carried to the supreme court. It is easy to see how the business of the installment men would receive a black eye with the decision sustained, inasmuch as the protection against loss was the right to retake the goods. We take great pleasure in announcing to the members of the bar, the completion of a new treatise on the law of code pleading, edited by George L. Phillips, LL. D., at present assistant corporation counsel at Cleveland, and who for twelve years was judge of the court of common pleas at Zanesville. We are safe in stating that this work is one coming from a master mind, and one that can be truthfully relied on, for those who know Judge Phillips know him to be very careful and accurate, and also that he is a person possessing a remarkable power for sound reasoning, and being an able jurist, a book coming from such a source will be highly appreciated by the members of the bar, throughout the country. An entirely new question was lately presented to the appellate court of Indiana for judgment, in the case of the C. U. Telephone Co. v. Swoveland (42 S. E. Rep., 1035), the substance of which was: Is a telephone company, which maintains a line between different cities and towns, with stations in such towns for the use of the public on payment of tolls, under obligation to furnish a suitable messenger service for the purpose of notifying persons within a reasonable distance when its patrons at other stations desire to communicate with them? The court decided this question affirmatively, and held a telephone company responsible, within proper limits, for the neglect or omission of such messengers. The court compared the service of telephone companies to that of telegraph companies, in that they are both engaged in business connected with the public interest, and all such companies are public servants, and the law makes it their duty to serve the public impartially and in good faith. It is the general doctrine, supported by the The grand jury which began its work in weight of authority, that an attorney is liable Zanesville, Muskingum county, April 8, has for negligence in the conduct of his profesreported finding five indictments each for sional duties, arising only from ignorance or malfeasance in office against County Com- want of due care, to his client alone, and not missioner Swope and ex-Commissioner Mer- to third parties. The exceptions to this gencer, and four indictments against ex-Commis-eral doctrine, if they may be deemed such, are sioner Rider. where the attorney has been guilty of fraud or The jury was charged by the judge when collusion, or of a malicious or tortuous act. impanelled to inquire thoroughly into the offi- The responsibility for a fraudulent act is indecial conduct of the commissioners and not to pendent of any contractual relation between hesitate if there were grounds for indictments. the guilty party and the one injured; and The charges are that the commissioners paid one committing a malicious or tortuous act, to $100 for the preparation of the commissioners' another's injury, is liable therefor without report, against the advice of the prosecutor, reference to any questions of privity existing and drew money for expenses never incurrred. between himself and the injured person. Where neither of the above elements enter into the above transaction, the rule remains universal that for an injury arising from mere negligence, however gross, there must exist between the wrong doer and the injured party some privity, by contract or otherwise, by reason of which the former owes some legal duty to the latter. Basing its conclusions on the foregoing reasons, the supreme court of California, in the case of Buckley v. Gray (42 Pac. Rep., 900), held that an attorney employed to draw a will is not liable to a person who, through the attorney's negligence and ignorance in the dischage of his professional duties, was deprived of the portion of the estate which the testator instructed the attorney should be given such person by the will. The Detective Faculty. The aim of the author, is to enable the lawyer, detective and examining magistrate, to ascertain and identify the suspected party to the crime or fraud, to warn him against false or deluding appearances, to suggest the proper mode of cross examining. This the author does by illustrations of numerous instances drawn from the record of crime and fraud, as well as from actual occurrences, giving a careful discussion of their tendency and effect. It is a handy book that every lawyer should read, by W. H. Bailey, Sr., LL. D. Delivered in cloth, $1.50. The Robert Clarke Co., Cincinnati, Ohio. SUPREME COURT OF OHIO. TUESDAY, April 28, 1896. 3416. Edward L. Harper et al. v. The Tiffin National Bank. Error to the superior court of Cincinnati. Where a municipal corporation, acting Statutes, improves a public street, the proviunder chapter 4, div. 7, of title XII, Revised sions of section 2303, prescribing the mode and time of advertising for bids, are mandatory, the compliance with which is a condition enter into a valid agreement in respect there of. precedent to the power of the municipality to Judgment affirmed. 3449. Henry Varwig v. The Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. SPEAR, J. 1. A purchaser of land who has paid a valuable consideration therefor is a bone fide purchaser within the terms of the act of February 22, 1831, 1 S. & C., 458. Morris v. Daniels, 35 Ohio St., 406, approved and followed. 2. Where prior to the purchase of land abutting upon a village street, a railway company. has, with the consent of the owner of such, land, laid in the street in front of the premises purchased, a single track of its road and is operating cars thereon, such condition is notice to the purchaser of a right to maintain such track, and his easement in the street, as owner of abutting land, is, to the extent of such possession and user, affected thereby., But such right will not be affected by an unreH., for his own use, procured M. to make and corded deed from his grantor executed more indorse a note for $6,000 in his own name, and than six months prior, giving to the company attach thereto certain shares of stock trans-permission to lay additional tracks, if, at the ferred to him by H. for that purpose; on this note with the collateral attached, the agent through a broker, and without disclosing his principal, obtained from a bank, which had no knowledge of the facts, a loan for the amount of the note; the agent had no interest in the transaction other than the accommodation of MINSHALL, J. time of his purchase, the purchaser acts in good faith and has no knowledge of the existence of such conveyance. 3. The burden of proving bad faith or knowledge is on the company. 4. And where, in a proper action, a purchaser brings himself within the protection of the |