Who permitted to ride upon freight trains. Repeals, etc. Sec. 3375a. Physicians in the discharge of their professional duties and sheriffs and deputy sherifs in the performance of their official duties shall be permitted to ride, at their own risk, and take a prisoner or prisoners upon freight trains, between stations where such trains stop, paying therefor the regular passenger fare. SECTION 2. That said original supplementary section 3375a be and the same is hereby repealed and this act shall take effect and be in force from and after its passage.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. Passed April 13, 1892. 231G President of the Senate. Physical culture in com mon schools of cities first and second class, and certain educational institutions. [House Bill No. 457.] AN ACT Requiring instruction and practice in the common schools of cities of the first and second class and certain educational institutions of physical culture. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That physical culture which shall include calisthenics, shall be included in the branches to be regularly taught in the common schools in cities of the first and second class, and in all educational institutions supported wholly or in part by money received from the state, and it shall be the duty of boards of education of cities of the first and second class, and boards of such educational institutions, to make provision in the schools and institutions under their jurisdiction for the teaching of physical culture and calisthenics, and to adopt such methods as shall adapt the same to the capacity of the pupils in the various grades therein. SECTION 2. This act shall take effect and be in force from and alter its passage. LEWIS C. LAYLIN. Speaker of the House of Representatives. Passed April 13, 1892. 232G President of the Senate. Additional [House Bill No. 486.] AN ACT To authorize the election of one additional judge in the second subdivision of the ninth judicial district. SECTION 1. Be it enacted by the General Assembly of the State ond subdivis. of Ohio, That there shall be elected in the second subdivision Judge in sec of the ninth judicial district of Ohio, composed of the counties ion ninth disof Trumbull, Mahoning and Portage, by the electors thereof, trict; election. under and in pursuance of the general election laws of the state of Onio governing the election of judges of the court of common pleas, at the regular November election held in 1892, one judge of the court of common pleas in addition to the two judges heretofore provided for by law for said subdivision of said ninth judicial district. Said additional judge shall be Term. elected for the term of five years; his term of office shall begin on the fourth Monday of April, A. D. 1893, and he Powers, obligashall have all the powers and be subject to all the obligations duties. and shall perform all the duties pertaining to the said office tions and of judge of said curt of common pleas; he shall receive the Compensasame compensation as other common pleas judges, and vacan- tion; vacancies, if any occurring in his office, shall be filled as provided by law in such cases. 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. cies. Passed April 13, 1892. 233G [House Bill No. 490.] President of the Senate. AN ACT To apportion the state of Ohio into districts for the inspection of oils, and to amend sections 395, 396, 398 and 402 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State Inspectors of of Ohio, That sections 395, 396, 398 and 402 of the Revised oils: Statutes of the state of Oaio be and the same are hereby amend. d so as to read as follows: oils; first dis S. c. 395. For the purpose of inspection of oils, as pro- Districts for vided in this chapter, the state of Ohio shall be and is hereby inspection of divided into oil districts as follows: The counties of Ashta- trict. bula, Lake, Cuyahoga, Lorain, Ottawa, Lucas, Fulton, Williams, Defiance, Henry, Wood, Sandusky, Erie, Huron, Medina, Summit, Portage, Geauga, Trumbull, Mahoning, Columbiana, Stark, Wayne, Seneca, Hancock, Putnam, Paulding, Van Wert, Allen, Hardin and Wyandot shall compose the first district. The counties of Jefferson, Carroll, Harrison, Second disTuscarawas, Coshocton, Holmes, Licking, Knox, Ashland, trict. Richland, Crawford, Morrow, Delaware, Marion, Union, Logan, Champaign, Shelby, Auglaiz, Mercer, Darke, Miami, Clark, Madison, Franklin, Muskingum. Guernsey, Belmont, Monroe, Noble, Washington, Morgan, Perry, Fairfield, Pickaway, Fayette, Greene, Montgomery, Preble, But er, Warren, Clinton, Hamilton, Clermont, Brown, Adams, Highland, Ross, Pike, Scioto, Lawrence, Jackson, Vinton, Hocking, Athens, Meigs, Gallia and the Pittsburgh district shall compose the second Inspectors of oils: appointment and term. Vacancies. Present state inspector. Deputies. ties. Duties of inspectors and deputies. district. Immediately upon the taking effect of this act the governor shall appoint by and with the consent of the senate two skilled and suitable persons who are not interested in manufacturing, dealing or reducing any illuminating oils manufactured from petroleum, one of whom shall be the inspector of oils for the first district of Ohio, and one of whom shall be the inspector of oils for the second district of Ohio, whose term of office shall be for two years, to commence from the 15th day of May, 1892, and continue until his successor shall be appointed and qualified; and in case of a vacancy occurring by death, resignation or otherwise, the governor shall fill the same as provided in section twelve of the Revised Statutes of Ohio; provided that the present state inspector of oils shall continue in office and perform the duties of inspector of oils under this act until May 15th, 1832. The inspectors when so appointed and qualified are empowered to appoint a suitable number of deputies who are not interested in manufacturing, dealing or vending any illuminating oils manufactured from petroleum, who are empowered to perform the duties of inspection, and are liable to the same penalties as the inspectors; and the inspectors may remove any of the deputies for reasonable cause and appoint others in their Present depu- place; provided, that all deputy supervisors [inspectors] of oils now in office shall remain and perform the duties thereof under this act until May 15th, 1892. The inspectors and their deputies shall provide themselves at their own expense with the necessary instruments and apparatus, and stencils, brands and stamps for testing and marking the quality of illuminating oils, and when called upon for that purpose to promptly inspect all oils herein mentioned, and to reject for illuminating purposes, for consumption in this state, all oils which, by being adulterated with naphtha, benzine, paraffine or other light oils or other substance, or for any other reason, will not stand and be equal to the test herein prescribed. The inspectors shall prepare the forms of all stencils, brands and stamps provided for in this chapter, and also such general regulations and rules for inspection, not inconsistent with the terms and provisions of this chapter, and such rules and regulations shall be uniform and binding on all deputy inspectors in both the districts of the state. The inspectors and their deputies are required to test the quality of all mineral or petroleum oils, or any oil, fluid, or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found as a constituent element, which is offered or intended to be offered for sale for illuminating purposes in this state, and if, upon such testing or examination, the same meets the requirements herein specified, the inspector or his deputies shall affix by stencil or brand on any package, cask or barrel containing the same, and by a stamp subscribe with his official signature, the word "approved," Lawful sale of with the date of such inspection; and it will then be lawful for any manufacturer, vender or dealer to sell the same to be consumed within the state as an illuminator; but if the oil so tested does not meet such requirements he shall mark by stencil or brand, in plain letters, on any package or barrel illuminating oil. . ing oil; pen alty. containing the same, and by stamp subscribe with his official signature, the words "rejected for illuminating purposes," giving the date of such inspection; and it shall be unlawful Unlawful sale for the owner thereof to sell oil so branded as rejected, to b of illuminatconsumed within the state for illuminating purposes; and if any person sells or offers for sale oil so rejected, he shall be deemed guilty of a misdemeanor, and shall be subject to a penalty in any sum not less than one thousand dollars, or be imprisoned in the county jail not exceeding twenty days, or both. Oil inspected in one district in accordance with the Reinspection. provisions of this act and approved shall not be subject to reinspection in the other district, except in case of fraud, mistake or error in the original inspection; but in no case shall a second fee be charged for inspection. deputies. ties. Fees of inspect ors and dcpu Sec. 396. Whoever is appointed inspector or deputy Oath of ininspector, shall, before he enters upon the discharge of the spectors and duties of his office, take an oath of office and file the same in the office of the secretary of state. Each inspector must Bond of inexecute a bond to the state in the sum of twenty thou- spectors. sand dollars, with sureties to be approved by the secretary of state, conditioned for the faithful performance of the duties imposed upon him by law, which bond shall be for the use of all persons in any way aggrieved or injured by the acts or neglect of the inspector, and the same shall be filed with the secretary of state. The deputy inspectors must each Bond of depuexecute a bond to the state, in the sum of five thousand dollars, with sureties to be approved by the judge of probate of the county where the deputy is located, and file the same with the clerk of the court of common pleas of the county where he resides. Each inspector or deputy inspector is entitled to demand and receive from the owner or party calling t on him, or for whom he performs the inspection, the sum of forty cents for a single barrel, package or cask; twenty-five cents each when the lot does not exceed ten in number; fifteen cents each when the lot does not exceed twenty in number ; ten cents each when the lot does not exceed fifty in number; and five cents each for all lots exceeding fifty barrels; and all fees so accruing shall be a lien on the oil so inspected; each in- Record of inspector, or deputy inspector, shall keep a true and accurate spections. record of all oils so inspected and branded by him, which record shall state the date of inspection, number of barrels, and the name of the person for whom inspected, and such record shall be open to examination of any and all persons interested; and every deputy inspector shall, on the first Monthly reMonday in each month, make a true and accurate return to turns of deputhe chief inspector of his district of all such inspections for the preceding month, giving the quantity inspected, the date of the inspection and the name of the persons for whom it was inspected; on the second Monday of November of each Annual report. year, each chief inspector shall make and deliver to the governor a report of the inspection by himself and deputies during the preceding calendar year. ties. of inspectors. Penalty for Sec. 398. Whoever knowingly uses for illuminating purposes any oil or product of petroleum, except such oil using unin spected oil. Duty of inspectors and violations of law; penalty. known as crude petroleum, before the same has been inspected and branded by a chief inspector or his deputy, as hereinbefore provided, shall be fined in any sum not exceeding one hundred dollars nor less than twenty dollars. Sec. 402. Any inspector or deputy inspector who deputies as to shall know of the violation of any of the provisions of this chapter shall enter complaint before any court of competent jurisdiction against any person so offending; and in case any inspector or deputy inspector, having knowledge of the violation of the provisions of this chapter, shall neglect to enter complaint as required by and provided for in this chapter, he shall be fined in any sum not exceeding five hundred dollars, and be removed from his position as such inspector or deputy inspector. SECTION 3 [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 13, 1892. 234G President of the Senate. Board of revis county). [House Bill No. 512.] AN ACT To provide for the meeting of the decennial county board of equalization in any county containing a city of the first grade of the first class. SECTION 1. Be it enacted by the General Assembly of the State ion (Hamilton of Ohio, That the county auditor of any county containing a city of the first grade of the first class, shall call together the decennial county board of equalization, heretofore constituted under the provisions of the Revised Statutes of Ohio, to meet on the third Monday of April, 1892, and organize as a board of revision. Session. Duties; laws governing. Powers. Salary of members. Payment of salaries. SECTION 2. The session of said county board of revision shall not be held for a longer period than six months. SECTION 3. Said board shall consider only such of its previous acts as the county auditor, or any taxpayer may present to it for revision, and in all other respects shall be governed by the laws passed for the government of the decennial board of equalization. SECTION 4. The said board shall have power to appoint a clerk at a salary not to exceed $5.00 per day, to cite any owner of real estate before it, compel his or her attendance, examine witnesses and administer any oath necessary to the proper discharge of its duties. SECTION 5. Each member of said county board shall receive the sum of five dollars per day, for each day actually employed in the performance of the duties herein provided for, which salary as well as the salary of the clerk shall be paid out of the county treasury. |