Section 985 makes it unlawful to transport any indigent person to any place in this state, with intent to make such place chargeable with the support of such pauper, and prescribes a penalty therefor. Section 1499 of the Revised Statutes pro- provides that those provisions shall only apply vides: "When the trustees of a township in to counties in which there is a county and any county having no county infirmary, are city infirmary. satisfied that any person in such township ought to have public relief, they shall afford such relief at the expense of their township as in their opinion the necessities of such person require * * *; but if the legal settlement of such person is not within this state, or is unknown, said trustees shall keep an accurate account of all moneys so expended, and certify the same, with the vouchers therefor to the county commissioners, who shall cause the amounts so paid to be refunded to the township out of the county treasury, on the warrant of the county auditor." Section 1623 as amended in 87 O. L., 370, provides: "When the corporate limits of a city become identical with those of 街 a township, the office of township trustee in such township shall be abolished; and, also, provides for the appointment of three directors of the city infirmary. Section 1624 provides; "Such directors shall be clothed with all the powers and perform all the duties of township trustees in relieving and removing paupers and they shall have the power of recovering, in the name of the corporation, such expense as may be chargeable to other municipal corporations or persons." Section 1625 provides: "The duties of treasof such township shall be per urer * formed by the 谢 * treasurer of the corauthorized by law to be paid to the township treasurer shall be paid to such corporation treasurer." Section 2168 provides; "The management of the affairs of all corporation infirmaries , and the care of the inmates thereof * and the granting of out-door relief to the poor, shall be vested in a board of * directors, which shall be called 'the Board of Infirmary Directors;"" but this section so far as it applied to Cleveland was repealed by poration; and all moneys section 85 of the Federal Plan Act found on page 121 of 88 O. L.; and the powers and duties granted to infirmary directors in the city of Cleveland were conferred upon the director of charities and correction by section 67 of the Federal Plan Act found on page 117 of 88 O. L. Section 969, while not applicable to Cuyahoga county because of there being no county infirmary here, is suggestive of the policy of our legislation upon the subject of the transportation of paupers whose legal settlement is in another state. That section provides that directors of infirmaries may remove any person becoming a charge upon the county, who has no legal settlement in the state, to the county and state where such person has a legal settlement. I understand it to be implied in that section that the expense of such removal may be paid out of the county poor fund. OPINION. In view of the provisions of the statutes above referred to I am of the opiniou: I. That the county is liable to the city for the maintenance and care of those paupers whose legal settlements are either unknown or not within this state. BURIALS. II. I am further of the opinion that the county is liable to the city for the expense of the burial of those paupers named in said account whose legal settlements were either unknown or were not within the state of Ohio. TRANSPORTATION III. Of paupers whose legal settlements are unknown a. To places within the state. In my opinion the county may legally pay for such transportation, unless the intent of such transportation be to make the place to which the pauper is sent chargeable with his support; but, if such be the intent, then, the act of transportation is unlawful (985), and imposes no obligation upon the county. b. To places beyond the state line. The county may lawfully pay for the transportation for this class of paupers, at least to the state line, and for a reasonable distance beyond the state line. TRANSPORTATION OF PAUPERS WHOSE LEGAL SETTLEMENTS ARE KNOWN. Section 2175 relieves all counties in which there is both a county and a city infirmary from payment of the expenses incurred by the city in furnishing relief to persons having no- c. The county is not liable to the city for the legal settlement within the state, or whose transportation of paupers to any point within place of residence is unknown; but expressly the state of Ohio if the legal settlements of such paupers be also within the state and be known; but in that case the city must look for reimbursement to the local authorities at the place where such legal settlement is. Section 707 provides: "If a person found insane cannot be admitted into the asylum, the probate judge shall direct * some *suitableperson to take charge of such insane perd. Following out the policy of section 969, son until the cause of non-admission be reand applying that policy to our own county, I moved, * and if all things needful are not incline to the opinion that the county may law-otherwise supplied, he shall furnish them, and fully pay the expenses of removing a pauper in that case, they shall be paid out of the who has no legal settlement in this state, to county treasury, on the certificate of the prothe county and state where such pauper has a bate judge, but he shall not, in any case, furlegal settlement. nish anything * to a person who is not in needy circumstances." I would, however, suggest that before any large expenditures are incurred by the city for the transportation of this class of paupers, the assent of the county commissioners thereto be first obtained. EXPLANATORY. In my opinion the term "relief," as used in sections 1491, 1499, and related sectious of the Revised Statutes of Ohio, is broad enough to include expenditures incurred for the burial or transportation of paupers under the circumstances above indicated. Section 720 provides: "The words 'needy circumstances,' when applied to a person without a family means one whose estate, after the payment of his debts, and excluding from the estimate such part of his estate as is exempt from execution, is worth less in cash than five hundred dollars; and the same words, when applied to a person having a family, means one whose estate, estimated as aforesaid, is worth less in cash, after the payment of his debts and the support of his family for one year, than one thousand dollars; provided, that AS TO THE CARE AND SUPPORT OF INSANE when the words are applied to a married PERSONS. woman, her estate, and that of her husband,` By section 699 the state is divided into five shall be estimated, as aforesaid, and the asylum districts. The district of the Cleveland asylum for the insane is composed of Cuyahoga county and nine other counties. Section 700 provides that each county is entitled to send patients to the asylum of the district in which such county is situated, in proportion to the population of such county; that no person shall be admitted into the asylum except an inhabitant of the district in which the asylum is located, * person shall be considered an inhabitant amount shall détermine the question whether she be in needy circumstances or, not within the meaning of this chapter." Said section also provides as follows: "A person with a family is one who has a wife and child, or either." "And. Section 704 provides as follows: if, upon the hearing of the testimony he is satisfied that the person so charged is insane, he shall cause a certificate to be made out that no which shall set forth the following:" Here the statute gives twenty-one different items, among which is the following: "5. Previous place of abode." who has not resided within the state one year next preceding the date of his or her application, and no person is entitled to the benefit of the provisions of the chapter relating to asylums for the insane except whose insanity has occurred during the time such person has resided within the state. Sections 702, 703 and 704 confer power upon the probate judge to adjudge persons insane, and upon pronouncing such judgment section 705 makes it the duty of the probate judge to apply to the superintendent of the asylum for the insane, situated in the district in which such patient resides, for admission of such insane person thereto; upon receiving the application the superintendent shall immediately advise the probate judge whether the patient can be received. Section 708 provides: "When an insane person, not entitled to admission into an asylum is at large, and being so at large is dangerous to himself or others, and such fact is estab lished to the satisfaction of the probate judge, he shall immediately order such lunatic to be confined and provided for, as directed by the next preceding section," The next preceding section provides that the expense incurred shall be paid out of the county treasury, under the circumstances named in section 720. Section 702 provides the following form of an affidavit to be made and filed with the probate judge for the arrest of a person charged with being insane: I am fully persuaded that it is the intention of all parties concerned to furnish the information suggested in my communication so far as it is within their power to do so. I have intended to furnish your honorable body with a full statement of the law appertaining to the accompanying claim, so as to leave nothing for the commissioners to do except to ascertain the facts and apply the law to the facts as they shall be found to exist. The amount of compensation to be paid for under the control of the county commissioners, unless such amounts have been fixed by contract previously entered into. In view of the provisions of the foregoing statutes, it is my opinion that this county is liable to the city of Cleveland for the care and maintenance of the insane persons mentioned in the accompanying account, if all the follow-the several purposes named in said account is ing facts and conditions exist: that is to say, if (1) they have been adjudged insane by the probate judge of this county, and (2) the probate judge has made application to the CleveIn determining the amounts to be paid for land state hospital for their admission to that the care and maintenance of the insane perinstitution, and has been advised by the super-sons named in said account, I advise that the intendent that they cannot be received, and (3) commissioners accord high respect to any they had resided in Ohio at least one year next arrangements entered into or suggestions preceding such application for admission, and made by the probate judge of this county. had a legal settlement in this county at the same time they were adjudged insane, and (4) the cause of their non-admission to said institution has not been removed, and (5) they are in "needy circumstances" as those words are defined above in section 720, and, (6) the probate judge has directed that they should be cared for and maintained in the city infirmary and they have ten cared for and maintained in said infirmary. I am further of the opinion that, if any of those persons, when adjudged insane by the probate judge of this county, were at large and were dangerous to themselves or others, this county is liable to the city for their care and maintenance, even though their residence was not in the state of Ohio at that time. The city ought to furnish the county commissioners with reasonably satisfactory evidence of the existence of the above enumerated facts and conditions. This evidence may consist of the affidavit of officials or persons cognizant of the facts or such other evidence as will furnish the commissioners reasonable ground for believing that such facts and conditions do really exist. For the sake of convenience and dispatch of business it would be well that such evidence be incorporated in, or accompany each monthly account. In my communication to you upon the accompanying claim, dated April 4, 1896, I suggested certain detailed items of information to be furnished by the city and by the probate judge, most of which, but not all, appears in said account. P. H. KAISER, County Solicitor. CLEVELAND, O., April 3, 1896. New Cases. New cases filed in the supreme court since July 24, 1896: 5099. William T. Higbee et al. v. William R. Caulkins. Error to the circuit court of Cuyahoga county. C. F. Morgan, for plaintiffs. W. J. Hamilton, for defendant. Adelbert College, &c. et al. Error to the circuit court of Lucas county. Rush Tagart, for plaintiff. George Hoadly, James M. Brown, R. R. Kinkead, J. C. F. Gardner and Doyle & Lewis, for defendants. 5100. The Wabash Railroad Co. v. The 5101. Emory E. Case, Guard., &c., v. F. S. Monnett, Assignee. Error to the circuit court of Crawford county. L. C. Feighner, A. E. Waldon, for plaintiff. F. S. Monnett, F. Adams, for defendant. bus. Error to the circuit court of Franklin 5102. Ella Frederick v. The City of Columcounty. J: T. Holmes, F. A. Davis and Cyrus Huling, for plaintiff. Barger & Irvine, for defendant. 5103. Ella Frederick, Admx., v. The City of Columbus. Error to the circuit court of Franklin county. J. T. Holmes, F. A. Davis and Cyrus Huling, for plaintiff. Barger & Irvine, for defendant. 5104. Cyrus V. Osborn et al. v. Frank T. court of Montgomery county. McMahon & Huffman, Treas., et al. Error to the circuit McMahon, for plaintiffs. E. P. Mathews, for defendants. OHIO LEGAL NEWS. FOREMOST OHIO PUBLICATION Contains all the Supreme Court Decisions, Circuit Court Decisions, Lower Court Decisions, Federal Court Decisions, and all the important items of Legal News. Subscription Only $2.00 Per Year. The Laning Printing Co., Publishers, Norwalk, O. THE TORRENS LAND ACT For Registration of Land Titles in Ohio. 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