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[House Bill No. 1486.]

AN ACT

To amend section 1945 of the Revised Statutes of Ohio, as amended April 19, 1881.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1945 of the Revised Statutes be amended so as to read as follows:

Sec. 1945. Fifteen per cent. of all rewards, fees, proceeds of gifts, and emoluments that may be allowed by the board of police to be paid, or given on account of extraordinary services of a member of the police force, all unclaimed money, the proceeds arising from the sale of unclaimed property, and onethird of the moneys received by the board from all sources whatever, the disposition of which is not otherwise provided for by subdivision two, chapter five, division five, title twelve, of the Revised Statutes of Ohio, one-third of all the moneys collected by the police court on account of the service by the police force of writs issued by such court, all policeman's fees, members of the police force to be allowed the same fees as other persons in the police court, which shall be charged by the clerk in the bill of costs and collected of the defendant in case of conviction, as in case of other witnesses, all witness fees allowed members of the force in the criminal court of the county, all of which fees when collected, and all fines imposed by the board of police upon members of the force for violation of rules shall be paid to the trustees of the police pension fund, who shall deposit the same into the city treasury to the credit of said police pension fund; and the persons who, from time to time constitute the board of police commissioners of the city, and five members of the police force, to be elected by the members of said force on the first Tuesday of January of each year, are hereby declared trustees of such fund, and the president of said board of police shall be the president of the board of trustees hereby created, and the secretary of said board of police shall be the secretary of said board of trustees, and it is hereby made the duty of said secretary to keep a record of the proceedings of said board of trustees and all action taken by it with regard to said fund, and with regard to the members of said police force, as herein provided, and said trustees shall have power to draw such fund from the treasury on the warrant of the president, countersigned by the secretary, and may invest the same in interest bearing bonds of the United States, the state of Ohio, and the city of Cleveland, or deposit the same in responsible savings and loan associations in the city of Cleveland, and have power to draw the same from the treasury for that purpose, and shall make reports to the city council of the condition of the fund on the first day of January of each year.

SECTION 2. That the original section 1945, as amended. April 19, 1881, be and the same is hereby repealed.

Police life and ance fund.

health insur

SECTION 3. This act shall take effect and be in force

from and after its passage.

Speaker of the House of Representatives.

ELBERT L. LAMPSON,

WM. C. LYON, President of the Senate.

Passed April 15, 1889.

Compensation to be fixed by

sioners.

[House Bill No. 1500.]

AN ACT

To supplement section 138 of an act entitled "an act to amend, revise and consolidate the statutes relating to municipal corporations, to be known as title XII, part 1, of the act to revise and consolidate the general statutes of Ohio," passed May 14, 1878.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following shall be supplementary to section 138 of an act entitled "an act to amend, revise and consolidate the statutes relating to municipal corporations, to be known as title XII, part 1, of the act to revise and consolidate the general statutes of Ohio," passed May 14, 1878, and to be known as section 138a:

Sec. 138a. The pay, in all cases, shall be fixed by the police commis- board of police commissioners, and the salaries shall be paid monthly to each person entiled thereto, and in cities of the first grade, second class, the police commissioners shall receive as compensation for their services the sum of three hundred dollars, to be paid in quarterly installments.

SECTION 2. This act shall take effect from and after its

passage.

ELBERT L. LAMPSON,

Speaker of the House of Representatives.

Passed March 15, 1889.

WM. C. LYON, President of the Senate.

Salary of town

certain townships.

[House Bill No. 1508.]

AN ACT

To increase the salary of township clerks in certain townships.

SECTION 1. Be it enacted by the General Assembly of the State ship clerks in of Ohio, That in any township of the state having a population at the last federal census, in 1880, and which at any subsequent federal census may have a population of 21,175, the township trustees of such township may allow the clerk thereof a compensation not to exceed two hundred and fifty

dollars in any one year, to be paid out of the township treasury.

SECTION 2. This act shall take effect on its passage.

ELBERT L. LAMPSON,

Speaker of the House of Representatives.

Passed April 15, 1889.

WM. C. LYON,
President of the Senate.

[House Bill No. 1511.]

AN ACT

To fix the time when county treasurers shall pay certain funds into the

state treasury.

When dow tax

state treasury.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county treasurers of this state, on or before to be paid into the 1st day of January and the 1st day of July in each year, shall report to the auditor of state the amount of money paid into the treasury of the county under the provisions of sections. five and nine of an act to provide against the evils resulting from the traffic in intoxicating liquors, passed May 14, 1886, as amended March 26, 1888; and such treasurer shall, on or before the 10th day of January and the 10th day of July of each year, remit by draft or otherwise, as the auditor of state may direct, to the treasurer of state the money due the state as shown by such statement.

SECTION 2. This act shall take effect on its passage.

ELBERT L. LAMPSON,

Speaker of the House of Representatives.

Passed April 15, 1889.

WM. C. LYON,

President of the Senate.

[Senate Bill No. 457.]

AN ACT

To supplement section 251 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 251 of the Revised Statutes be supplemented as follows:

Sec. 251a. At the time of filing the report required by section two hundred and fifty-one, every corporation or company operating a railroad, or any part of a railroad, within this state, shall pay to the commissioner a fee of one dollar per mile for each mile of track, whether main, branch, double or side track, operated by them within this state. Any cor

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poration or company failing to pay such fee, at the time prescribed, shall forfeit and pay a sum of not less than one thousand nor more than five thousand dollars. All fees received by the commissioner under this section shall be paid by him into the state treasury, upon an order from the auditor of state.

SECTION 2. This act to take effect on and after its

passage.

ELBERT L. LAMPSON, Speaker of the House of Representatives. WM. C. LYON,

Passed April 15, 1889.

President of the Senate.

Regulating by taxation the use of fishing nets in Lake Erie and the reservoirs of the state.

[House Bill No. 814.]

AN ACT

To regulate by taxation the use of fishing nets in Lake Erie and the reservoirs of the state.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following section be enacted as supplementary to section 6968 of the Revised Statutes, as amended April 14, 1888, with sectional numbering as follows:

Sec. 6968b. That every corporation, firm or person engaged in fishing with pound net, double heart trap net, seine, gill net, fyke or set net, or other kind of net, in Lake Erie, or in any bay, harbor or estuary of said lake, or in the waters of what are known as Mercer county, Lewistown, or Licking reservoirs, shall pay, semi-annually, into the treasury of the state, to the credit of the general revenue fund, upon each net used, the following sums: Upon each pound net set in Lake Erie, four dollars; upon each double heart trap net, five dollars; upon each pound net set in Sandusky, Portage or Maumee bays, two dollars; upon each gill net, per one hundred feet, fifteen cents; upon each seine (except those used only for catching minnows for bait), four dollars; upon each fyke or set net, using leads, two dollars; upon each fyke, or set net, without leads, one dollar; and on any other net or nets not herein specified, five dollars. The owner or owners of such nets shall report to the auditor of state, on or before the first day of April and the first day of August, in each year, the number of nets of each kind herein named owned or controlled by him or them, to be used, during the fishing season, in the waters named, and, upon the warrant of the auditor, shall pay into the state treasury the amount assessed by this act upon such nets, for which amount the treasurer shall give, to such person or persons, his receipt. The treasurer shall notify the chief warden of such payment, and the chief warden shall issue, to such person or persons who have made such report and payment, a metal tag for each net so reported.

Such metal tags shall be consecutively numbered, and one
shall be affixed to each net placed or set for fishing; and the
absence of such tag from any net fixed, set or placed for fish-
ing, shall be evidence of violation of this act. Any person
or persons using any net or nets herein named, in any of the
waters described, upon which the tax has not been paid, shall,
upon conviction, be held to pay upon every such net a sum
equal to double the amount herein named, as the tax upon
such net or nets, in addition to the penalty fixed in section
6968; and such net or nets may be taken and sold for the
satisfaction of such judgment.

SECTION 2. This act shall take effect July 1st, 1889.
ELBERT L. LAMPSON,

Speaker of the House of Representatives.

WM. C. LYON,
President of the Senate.

Passed April 15, 1889.

[House Bill No. 921.]

AN ACT

To amend section 5340 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 5340 of the Revised Statutes of Ohio be so amended as to read as follows:

Sec. 5340. The plaintiff, if a non-resident of the county in which the action is brought, or a partnership suing by its company name, must furnish sufficient security for the costs; the surety must be a resident of the county, and approved by the clerk, and his obligation shall be complete by indorsing the summons, or signing his name on the petition, as surety for costs; he shall be bound for the payment of all costs which may be adjudged against the plaintiff in the court in which the action is brought, or in any other court to which it may be carried, and for all costs which may be taxed against the plaintiff in such action, whether he obtained judgment or not; but the plaintiff may deposit with the clerk of the court such sum of money, as security for costs in the case as, in the opinion of the clerk, will be sufficient for the purpose; and the clerk may, on motion of the defendant, and if satisfied that such deposit is not sufficient, require the same to be increased, or personal security to be given. Provided, that the provisions of this section shall not apply to re-enlisted veteran volunteers, who are seeking to avail themselves of the provisions of an act "to authorize and require the payment of bounties to veteran volunteers," passed April 16, 1887, and amended April 16, 1880.

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.
WM. C. LYON,

when plaintiff
must give
costs.

security for

Passed April 15, 1889.

President of the Senate.

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