shall be included which shall have remained due without prosecution, and no interest having been paid thereon for more than one year, or on which judgment shall have been recovered, and shall have remained for more than two years unsatisfied, and on which no interest shall have been paid during that period; and no such corporation shall advertise a larger amount of capital stock than has actually been subscribed and paid in; also shall not advertise a greater dividend than what has been actually earned and credited or paid to its stockholders or members. SECTION 2. That original section 3 of an act entitled an act, passed April 11, 1888 (85 vol., 183), to regulate the payments of dividends by directors of corporations, is hereby repealed. SECTION 3. This act shall be in force on and after its passage. ELBERT L. LAMPSON, Speaker of the House of Representatives. Passed March 14, 1889. WM. C. LYON, [Senate Bill No. 373.] AN ACT To amend an act passed April 12, 1880, and entitled "an act supplementary to an act entitled an act to revise and consolidate the General Statutes of Ohio,' passed June 20, 1879, and to amend section 3630 of said act" (77 vol. O. L., p. 178): SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section eight (8) of the above recited act be and the same bereby is amended to read as follows: Sec. 8. This act shall not apply to any association of religious or secret societies, or to any class of mechanics, express, telegraph or railroad employes, formed for the mutual benefit of the members thereof, and their families exclusively; provided, that any such association or class which may desire to become subject to the provisions of sections 3630a, 3630c and 3630d, of the Revised Statutes of Ohio, may file with the state superintendent of insurance, notice in writing of such desire, signed by the president of said association or class, and attested by the secretary thereof; and thereupon said association or class shall become subject to all the terms and provisions of said sections 3630a, 3630c and 3630d, of said Revised Statutes. The superintendent of insurance shall thereupon immediately provide such association or class with the proper blanks for furnishing the statement of the condition of such association or class, as provided in said section 3630a, and such association or class shall make such report within sixty days there after, and thenceforward annually, as in the case of other insurance companies, which report shall be included by said superintendent of insurance in his annual tabulated report, in the same manner as the reports of other companies and subject to the fees prescribed in section 282 of the Revised Statutes of Ohio; provided, further, that the treasurer of any association or class which shall avail itself of the benefits of this enactment, shall be required to give a bond in the same manner as is provided in section 3631 Revised Statutes of Ohio; said bond to be conditioned, approved, and renewed, as provided in said section. SECTION 2. That the original section eight (8) of the previously recited act, to which this act is amendatory, be and the same is hereby repealed. This act shall take effect and be in force from SECTION 3. ELBERT L. LAMPSON, Speaker of the House of Representatives. WM. C. LYON, President of the Senate. Passed March 14, 1889. Authorizing councils of certain vil ages to grant build ing permits. Record to be kept. [Senate Bill No. 390.] AN ACT To enable councils of incorporated villages in counties containing a city of the second grade of the first class to adopt regulations requiring any person or corporation desirous of erecting, repairing, changing or altering any building, [buildings] or structures within the limits of such villages to obtain a building permit. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of any incorporated village in any county containing a city of the second grade of the first class, may adopt regulations requiring that when any person, persons or corporation shall be desirous of erecting, repairing, changing or altering any building, buildings or structures within the limits of any such village, he or they shall make application to the clerk of said incorporated village for a permit for that purpose, and shall furnish said clerk with a written statement of the land or lot, and the name of the street upon which it is proposed to make the improvement, name of the owner, number of ward, and the estimated cost of improvement. Said clerk shall issue the permit required by this act when the written statement required has been furnished, and may charge therefor such sum, not exceeding three dollars, as may be fixed by the council. SECTION 2. It shall be the duty of said clerk to keep a record of all permits issued, which shall be regularly num bered in the order of their issue, and also a record of the statement upon which the permits are issued, and shall report the same annually, upon the second Monday of April, to the county auditor. perm's issued to asse sors. SECTION 3. It shall be the duty of the county auditor, Stat ment upon receipt of a copy of said statement, upon the second upon which Monday of April, annually, to furnish each of the assessors in to be furnished such village with a copy of the statement upon which permits have been issued for the year preceding, within the ward or wards such assessor is to assess, for the purpose of assessing such building or buildings for taxation. SECTION 4. Any person who shall violate any of the Penalty for provisions of any ordinance of such villages passed in pursu- violation. ance of this act, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars for each and every offense; provided, that nothing in this act shall be so construed as to in any manner interfere with the authority of the council to control and regulate the construction and repair of buildings. SECTION 5. This act shall take effect and be in force from and after its passage. ELBERT L. LAMPSON, Passed March 14, 1889. WM. C. LYON, [Senate Bill No. 418.] AN ACT To amend section 1517 of the Revised Statutes of Ohio, relating to assessors. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1517 of the Revised Statutes be amended so as to read as follows: Sec. 1517. Before entering upon the discharge of his duties the assessor shall give bond, with two or more freehold sureties, approved by the trustees, in such sum as they determine, but not less than one thousand dollars, payable to the state, and conditioned for the faithful and impartial discharge of his duties according to law; which bond, with his oath of office endorsed thereon, shall be deposited with the township clerk and duly recorded by him as in other cases, and a certified copy thereof shall have the same force and effect; but in case of appointment of an assessor by the county auditor the amount of his bond, not less than one thousand dollars, may Bɔnd. be fixed, and the sureties therein approved by the auditor or by the trustees. Preamble. Trustees of Ohio Sta'e University authorized to make certain deeds. [House Bill No. 349.] AN ACT Te quiet title to unpatented lands in the Virginia military district of WHEREAS, The United States, by an act of congress, dated February 18, 1871, ceded the unsurveyed lands in said district to the state of Ohio; and WHEREAS, The general assembly of Ohio, by act of March 26, 1872, ceded said lands to the Ohio state university; and WHEREAS, It was supposed at the time of the passage of said act of cession, that the legal title passed only to such lands as had not been surveyed, but it is now understood, and courts have been holding in many actions brought by said university to reclaim defective surveys, that the legal title to all unpaiented lands in said district where the survey was not returned to the general land office, Washington D. C., before January 1, 1852, is now in said university; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That as soon as the board of trustees of the Ohio state university accepts the provisions hereinafter made, it is hereby authorized and required to execute and deliver upon demand, a deed of conveyance to the parties in possession under claim of title of any unpatented survey or part thereof, in said Virginia military district; provided, however, that all applicants for such deed must furnish said trustees with a certified copy of the deed under which they claim, and if required, a certified copy of the unpatented survey in which their lands are situate, as the necessary evidence to satisfy the board that the same has never been patented, but has been occupied and improved by the said parties in possession or those under whom they claim title, for more than twenty-one years. Provided, also, that each applicant shall pay the board of trustees the sum of two dollars, as the cost of preparing and executing such deed. auditor of State. SECTION 2. The auditor of state shall add the sum of Duty of one dollar per acre, reckoned by the number of acres of land in each actual survey for all conveyances so made to that part of the irreducible debt of the state, which forms the endowment of said Ohio state university; provided, that in cases where suit has been brought for the recovery of said lands, persons demanding deeds of release, shall pay all court costs of such suits. To amend sections 1393 and 1442, and to amend and supplement section 2932 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections one thousand three hundred and ninety-three, one thousand four hundred and forty-two, and two thousand nine hundred and thirty-two, as heretofore amended, be amended and supplemented so as to read as follows: election chosen. Sec. 1393. Whenever, under and by virtue of proceed- When judges ings had under section thirteen hundred and eighty-nine and c'eks of (1389) of the Revised Statutes of Ohio, a separate precinct is set off, the territory of which is entirely included within the boundaries of an incorporated village, the two members of the council of said village, elected at the preceding spring election, having the highest number of votes of those elected, and the elector, who was a member of a political party to which one or both of such councilmen did not belong, who received the highest number of votes for councilman of those voted for, not elected at the preceding spring election, shall be the judges, and the clerk of said incorporated village, and an assistant, not of the same political party as the clerk, to be chosen viva rore from the qualified electors of those present, shall be the clerks of such separate election precinct; but if two or more of the councilmen elected receive the same number of votes, or if two or more of those not elected receive the same number of votes, the clerk of such incorporated. |