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[Senate Bill No. 348.]

AN ACT

To amend section 1271 of the Revised Statutes of Ohio, as amended April 7, 1882, relative to appointment and compensation of assistant prosecuting attorneys.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1271 of the Revised Statutes of the state of Ohio, as amended April 7, 1882, be amended to read as follows:

Sec. 1271. In Hamilton county the presiding judge of the court of common pleas, the presiding judge of the superior Assistant prosecuting-attor- court of Cincinnati, and the probate judge, may appoint a neys may be first assistant and second assistant prosecuting attorney. In appointed in Hamilton, Cuyahoga county the judges of the court of common pleas Cuyahoga and Lucas countics. may, on the recommendation of the prosecuting attorney, appoint two assistant prosecuting attorneys, who shall also be assistant county solicitors; and said judges may, from time to time, appoint such special assistants to aid the prosecuting attorney, as in their opinion the public business may require, who shall be paid out of the treasury of the county on the warrant of the county auditor, such sum as the court may approve and order. And in Lucas county the senior judge of the court of common pleas, residing therein, may appoint an assistant prosecuting attorney; such assistant prosecuting attorneys shall receive such salary as shall be fixed by the judge or judges appointing them, not exceeding in Hamilton county, twenty-five hundred dollars to the first assistant, or eighteen hundred dollars to the second assistant per year, and not exceeding in Cuyahoga county twenty-five hundred dollars, nor less than two thousand dollars per year, and not exceeding in Lucas county, twelve hundred dollars per year; such salary shall be paid out of the treasury of the county on the warrant of the auditor. The term of appointment for assistant prosecuting attorney shall be for one year from and after the day of appointment, and when there is a vacancy the appointing judge or judges may renew the appointment."

Compensation.

Term.

SECTION 2. That [said] section 1271, as amended April 7, 1882, is hereby repealed; this act shall take effect and be in force from and after its passage.

ELBERT L. LAMPSON, Speaker of the House of Representatives.

THEO. F. DAVIS,

President pro tem. of the Senate.

Passed January 18, 1889.

[Senate Bill No. 159.]

AN ACT

To prevent any person from unlawfully using or wearing the insignia of civic or religious societies in the state of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person who shall willfully wear the insignia of any of the civic or religious societies of this state, or shall use or wear the same to obtain aid or assistance thereby within this state, unless he shall be entitled to use or wear the same, under the rules and regulations of such civic and religious societies, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment for a term not exceeding sixty days, or be fined in any sum not exceeding twenty-five dollars, or both at the discretion of the court. 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,
President of the Senate.

Insignia of civic or reli

gious societies.

Passed January 21, 1889.

[Senate Bill No. 303.]

AN ACT

To provide for the payment of one half the taxes received from foreign insurance companies, in counties containing a city of the first grade of the first class, to the police relief fund of such city.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county treasurers of counties containing a city of the first grade of the first class shall, semi annually, at the time of their semi annual settlement with the auditors of their respective counties, pay over to the treasurer of such city one half of the amount to which such city is entitled, under its annual levy to receive, of all the taxes paid into the treasuries of their respective counties by foreign insurance companies on their gross receipts, under the provisions of section[s] 2745 of the Revised Statutes, during the half year preceding such semi annual settlement; and the money so paid over to the city treasury shall be credited to the police relief fund of such city, and shall be controlled, administered and disbursed in accordance with the provisions of sections 1903, 1904, 1905 and 1906 of the Revised Statutes, as passed March 30, 1886. 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,
President of the Senate.

Taxes on forcompanies in certain cities.

e'gn insurance

Passed January 21, 1889.

Appropri

ations for le is

and salary

[House Bill No. 855.]

AN ACT

To make appropriations, for legislative expenses and to pay salary of clerk of the supreme court up to Feb. 15th, 1889.

SECTION 1. Be it enacted by the General Assembly of the State lative expenses of Ohio, That there be and are hereby appropriated out of any moneys in the treasury to the credit of the general revenue fund, not otherwise appropriated, for the purposes hereinafter specified, to-wit:

clerk supreme @ourt.

For salaries of members of the general assembly, per diem of clerks, sergeant-at-arms, and employes, thirty thousand dollars ($30,000,00). Contingent expenses of house of representatives, five hundred dollars ($500,00).

Contingent expenses of senate, five hundred dollars ($500,00).

To pay salary of clerk of supreme court, twelve hundred and fifty dollars ($1250,00).

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 January 21, 1889.

WM. C. LYON,

President of the Senate.

Homestead

family.

[Senate Bill No. 91.]

AN ACT

To amend section 5437 of the Revised Statutes of Ohio, as amended
April 18, 1882 (79 O. L., 107.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 5437 of the Revised Statutes of Ohio, as amended April 18, 1882, be amended so as to read as follows: Sec. 5437. On petition of executors or administrators to for decedent's sell, to pay debts, the lands of a decedent who has left a widow, or a minor child, unmarried, and composing part of the decedent's family at the time of his death, the appraisers shall proceed to set apart a homestead as provided in the next section, and the same shall, except as otherwise provided in section 6155 of the Revised Statutes, remain exempt from sale on execution, and exempt from sale under any order of the court, so long as the widow, if she remain unmarried, or any unmarried minor child of said decedent resides thereon. SECTION 2. That section 5437 of the Revised Statutes, as amended April 18, 1882, is hereby repealed.

SECTION 3. 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, President of the Senate.

Passed January 22, 1889.

[House Bill No. 221.]

AN ACT

To authorize cities of the third grade of the first class to borrow money and issue bonds therefor, for the purpose of procuring territory and right of way, sinking wells for natural gas, purchasing wells and natural gas works, purchasing and laying pipes, and supplying such cities with natural gas for public and private use and consumption.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any city of the third grade of the first class in the state of Ohio shall be, and is hereby authorized to issue its bonds for an amount not exceeding seven hundred and fifty thousand dollars, for the purpose of procuring territory, right of way, sinking wells for natural gas, purchasing wells and natural gas works, purchasing and laying pipes, with all necessary fixtures, attachments, machinery, and for constructing the necessary buildings to supply such city and the citizens thereof with natural gas for public and private use and consumption.

SECTION 2. Before such bonds, or any of them shall be issued by any such city, the question of issuing the same shall be submitted to a vote of the qualified electors of such city, at any general or municipal election to be held therein; and at such election separate ballots shall be provided and used by the voters upon said question. The tickets voted shall have written or printed thereon the words: "Authority to issue natural gas bonds-Yes"; or, "Authority to issue natural gas bondsNo." If the proposition to issue bonds be approved by sixty per cent. of those voting upon the proposition, such city shall have authority to issue such bonds for the purposes named, as provided in this act.

SECTION 3. The mayor of any such city, before the next general or municipal election after the passage of this act, shall cause public notice of the submission of said question to be published in all the newspapers published and of general circulation therein, for at least ten days prior to such election. And said election shall be held, proclamation thereof and returns thereof made, in all respects, not otherwise herein provided, as municipal elections are now required by law to be held and returned in such cities.

Cities third class, authorized to issue bonds; Toledo.

grade, first

natural gas

question of

issue to be sub

mitted to vote.

Notice and conelection.

duct of such

Issue of bonds;

SECTION 4. Said bonds when so authorized, shall be issued according to the provisions of an ordinance to be by the com- denomination. mon council passed for that purpose, in denominations not less than five hundred dollars and not more than one thousand dollars, payable at such times, not less than ten years, and not exceeding thirty years from the date of the issue thereof, with interest not to exceed four and one-half per cent. per annum, payable semi-annually, principal and interest payable at such place as may be by said ordinance provided for, and such bonds shall have attached thereto coupons representing the interest to accrue thereon, Said bonds shall in all cases express upon their face the purposes for which, and the act under which issued, and shall be signed by the mayor and countersigned and registered by the clerk of such municipality,

Limitation on such issue.

proceeds of

with the seal thereof impressed thereon, and shall be sold according to law, and for no less than their face value.,

SECTION 5. No more of said bonds in any case shall be issued or sold than is necessary for, and required by the actual and necessary cost and expense of procuring the necessary grounds, sinking such number of wells as may be required for the purposes named, the purchase of wells and natural gas works, purchasing and laying of pipes, and the right of way therefor, and such other necessary attachments, fixtures, machinery and structures, as may be requisite to carry into effect the provisions of this act. And such bonds shall be sold from time to time as the works progress, and in such amounts as shall be required for the proper progress and final completion of Application of such work. All proceeds and moneys arising from such bonds shall be used exclusively for, and applied to, the payment of the work, labor, material and other expenses necessary for the supply of gas for the purposes aforesaid. But not more than seventy-five thousand dollars of said bonds shall be issued or sold for the purpose of paying the cost and expense of procuring the necessary gas territory, and sinking and purchasing such number of wells as may be required for the purposes named; provided, that the common council of any such city may, by ordinance, authorize the trustees of gas-works to increase said cost and expense to a total amount not in excess of one hundred and fifty thousand dollars, and may authorize the further issue and sale of said bonds for such purpose to the extent of an additional seventy-five thousand dollars.

bonds.

Payment of the principal and interest.

Sinking fund.

Trustees; how appointed;

duties.

SECTION 6. All moneys collected or received by the trustees of gas works of such cities, respectively, from the consumers of such gas, after paying the necessary running expenses thereof, shall be applied to the payment of such bonds and interest. And the council of such municipality is hereby authorized to levy a tax annually, not exceeding one and one-half mills on the dollar valuation, on the taxable property within any city, affected by this act, in addition to the tax now by law authorized to be levied therein, in such amount as will each year be sufficient with the net income of such gas works, to pay the principal and interest then falling due upon such bonds, and provide a sinking fund for the gradual redemption of such bonds.

SECTION 7. All moneys so applicable to the payment of such bonds, which shall come into the hands of the trustees of gas works, before such bonds or any of them become due, shall be used to purchase such bonds or invested under the order of the sinking fund trustees of such city, and the bonds so purchased, or the evidences of the investments so made shall be delivered by said gas works trustees as soon as the transaction is completed, to the sinking fund trustees of such city, who shall place the same to the credit of said bonded debt, and use the same as required, for the extinguishment of the debt created under this act and for no other purpose.

SECTION 8. If any election herein before provided for shall appear by the returns thereof to be in favor of the issue of such bonds, the mayor of such city shall certify such fact, under the seal of such city, to the governor of the state of Ohio, who

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