Board to control property of fire department. Expenses of departments under board, how paid. Application of certain sections. Repeals. one thousand dollars. Said bonds to be approved by the board. SECTION 30. Said board of public affairs shall have possession and control of all property, fire engines, horses, wagons, etc., and the fire alarm telegraph, and everything connected with said fire department. SECTION 31. The necessary cost and expense of providing for, and the maintenance of the several departments, under the control of the board of public affairs shall be a city charge, and all moneys now in the city treasury to the credit of the street, bridge and fire department, and police funds shall be subject to the order of said board of public affairs. And said board shall on or before the first day of May in each year submit to the city council for approval, an estimate in detail of the costs and expenses of providing for and maintaining the several departments under the control of said board of public affairs, and the city council shall provide for the same in the general assessment and the money when collected shall be paid into the city treasury and shall be drawn therefrom on the warrant of the secretary of said board of public affairs, countersigned by the acting president thereof, which warrant shall be drawn upon the city treasurer against the proper fund, shall be made payable to the order of the person or persons entitled to receive said moneys, and shall state the fund to which it is chargeable. Said board shall audit all claims created under existing laws, and the same when thus audited shall be paid in the manner provided for the payment of expenses incurred under this act. SECTION 32. That sections 1953, 1954, 1955, 1956, 1957, 1963, 1964, 1971, 1972, 1980, 1981, of the Revised Statutes, be and the same are hereby made applicable to cities of the second class and third grade having a population at the last federal census of twelve thousand one hundred and twenty-two, as though said sections were in this act repeated; that section 1945 as amended April 19, 1881, 1998, as amended April 9, 1884, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, as amended April 9, 1884, be and the same are hereby repealed, in so far as they may apply to cities of the second class and third grade having a population at the last federal census of twelve thousand one hundred and twentytwo; that all acts and parts of acts inconsistent or in conflict with the provisions of this act be and the same are hereby repealed, in so far as they may apply to cities of the second class and third grade having a population at the last federal census of twelve thousand one hundred and twenty-two; and that all ordinances of such cities aforesaid, heretofore adopted which may be inconsistent or in conflict with the provisions of this act, be and the same are hereby set aside, repealed and held for naught, in so far as the same are inconsistent or in conflict with the provisions of this act. SECTION 33. This act shall take effect and be in force SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three thousand five hundred and fortytwo (3542) of the Revised Statutes of the State of Ohio, be and the same is hereby amended so as to read as follows: Sec. 3542. Such company may purchase, or appropriate in the manner provided by law, and hold such real estate as, in the opinion of its directors, will be required for the site of the bridge, and of suitable avenues or approaches leading thereto, and may locate the same on, or construct the same over, any public street, road, avenue, or alley; provided, that in constructing the same over any public street, road, avenue or alley, the said bridge shall be constructed at such height as not to interfere with travel passing on, over or along the same; and provided further, that no pier, or other obstruction, shall be constructed or built upon such street, road, avenue or alley, without the consent of the municipal or other authorities having charge or control of the same. And the company shall be responsible for injuries done to private property, adjacent or near to such bridge, by its elevation and construction, which may be recovered in a civil action brought by the owner, at any time within two years from the completion thereof. SECTION 2. Said original section 3542 is hereby repealed; and this act shall take effect from and after its passage. ELBERT L. LAMPSON, Speaker of the House of Representatives. WM. C. LYON, Passed February 8, 1889. [House Bill No. 30.] AN ACT To re-enact sections 1255, 1256 and 1257, as repealed February 7, 1885 (Vol. 82, page 39.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 1255, 1256 and 1257 be re-enacted to read as follows: Sec. 1255. The clerks of the several common pleas, circuit and superior courts shall make an alphabetical index of the names of all plaintiffs and defendants to pending suits and living judgments, showing therein, in separate columns the names, court and number of the suit or execution, and when there is more than one suit or judgment for or against the same party, it shall be sufficient to index the name but once and make entries opposite thereto, of the court and the number of the suit or execution; provided, that no such index shall be made in counties where the same has already been done. Sec. 1256. The index required by the preceding section shall be made up within six months from the passage of this act, and thereafter all new suits shall be so indexed at the time of the filing of the petition, and all judgments at the time of the filing of the rendition, revival, or a transcript thereof. Sec. 1257. The clerks shall receive the same fee for making such indexes as is provided by law for making indexes to judgments. SECTION 2. This act shall take effect and be in force from and after its passage. ELBERT L. LAMPSON, Speaker of the House of Representatives. Passed February 8, 1889. WM. C. LYON, President of the Senate. [House Bill No. 323.] AN ACT amend section 7015 of the Revised Statutes of Ohio, as amended April 27, 1886, and to provide against the payment of wages in scrip, orders, etc., and to provide a method of pleading on such instruments. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 7015 of the Revised Statutes of Ohio, as amended April 27, 1886, be so amended as to read as follows: Sec. 7015. It shall be unlawful for any person, firm, company or corporation to sell, give, deliver, or in any manner laborers in debtedness un issue, directly or indirectly, to any person employed by him Payment of or it in payment of wages due for labor, or as advances on the scrip or other wages of labor not due, any scrip, token, draft, check or other evidence of inevidence of indebtedness purporting to be payable or redeem- lawful. able otherwise than in money; any violation of the provisions of this section shall be punishable by a fine not less than twenty-five nor more than one hundred dollars, or imprisonment for not more than thirty days, or both; and any such scrip, token, check, draft, or other evidence of indebtedness issued in violation of the provisions of this section, whatever its provisions as to the time or manner of payment shall be, in legal effect, an instrument for the unconditional payment of money only on demand, and the amount thereof may be collected in money by any holder thereof in a civil action against the person, firm or corporation selling, delivering, or in any manner, or for any purpose issuing the same; and such holder may be either the person to whom such instrument was originally issued, or who acquired the same by purchase and delivery; and any scrip, token, check, draft or other evidence of indebtedness, issued in violation of the provisions of this section, and presented by the holder thereof, shall be taken as prima facie evidence in any court of the guilt or indebtedness of any person, firm, company or corporation selling, giving, delivering, or in any manner issuing the same, and for the purposes of this act in case of a firm or corporation, the person selling, giving, delivering, or in any manner issuing said scrip, token, check, draft, order, or other evidence of indebtedness shall be the defendant to the criminal action, and the firm, corporation or company shall be held as defendant to the civil action. Nothing in this section shall apply to or affect the right of any person, firm or corporation to give orders on any store, business house, or firm in the business or profit of which he has no interest, directly or indirectly. SECTION 2. In any civil action on such check, token, Pleading. draft, or other evidence of indebtedness issued in violation of the foregoing section, the same may be declared on as an instrument for the unconditional payment of money only; but it shall be sufficient to give the form only of such instrument, together with the denomination and the number of instruments of each denomination, if more than one is declared on; and any number of such instruments, in the same form of words, whether of the same or of different denominations, may be joined in a single count, and such joinder shall not constitute duplicity, and it shall not be necessary to give the form of such instruments more than once. SECTION 3. Said original section 7015 of the Revised Statutes, as amended April 27, 1886, is hereby repealed. SECTION 4. This act shall take effect on its passage. ELBERT L. LAMPSON, Speaker of the House of Representatives. Passed February 8, 1889. WM. C. LYON, President of the Senate. May contract for labor and material. [ House Bill No. 410.] AN ACT To amend section 4899 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4899 be amended so as to read as follows: Sec. 4899. They may contract for labor and material, either at public sale or private contract, as will best subserve the interests of the different roads, and shall certify to the county auditor, on or before the first Monday in June each year, the amount of money necessary for the purpose of keeping such roads, including the bridges and culverts thereon, în good repair; and they may, where hills have not been brought to the grade, as defined in section 4759 Revised Statutes, when the road was originally constructed, and where public safety and convenience demands it, cut down the same, regrade and regravel, as may be found necessary, the cost of same to be paid for in [the] same manner as general repairs; and when in the opinion of the board the interests of any of the roads require it, they may enter upon any lands in the county, and take the gravel or other material necessary for the repair of the roads, and shall give a certificate to the owner of such material so taken, which shall state the value thereof, together with the amount of damage to the lands by reason of the removal of such material; and the county auditor, upon the presentation of such certificate, shall issue an order on the county treasurer for the amount so certified, who shall pay the same out of the turnpike fund. SECTION 2. Said original section 4899 is hereby repealed; and this act shall take effect on its passage. ELBERT L. LAMPSON, Speaker of the House of Representatives. Passed February 8, 1889. Drift against bridges, ditches or culverts to be removed. [House Bill No. 517. ] AN ACT To amend section 4731 of the Revised Statutes of Ohio, as amended April 10, 1884, relating to duties of supervisors of roads. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four thousand seven hundred and thirtyone, as amended April 10, 1884, be so amended as to read as follows: Sec. 4731. The supervisor of each road district, or the superintendent of any free turnpike or improved road, shall remove or cause to be removed all timber or drift lodged against bridges, except toll bridges, or bridges upon toll roads, |