AN ACT To protect gas companies. ducting gas SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person, who, with intent to injure or offense of condefraud any gas company, body corporate or individual, from man pipe. shall make or cause to be made, any pipe, tube, or other instrument or contrivance, or connect the same or cause it to be connected, with any main service pipe, or other pipe for conducting or supplying illuminating gas, in such manner as to connect with and be calculated to supply illuminating gas to any burner or orifice by or at which illuminating gas is consumed around or without passing through the metre providing for measuring and registering the quantity of gas there consumed, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment not exceeding thirty days in the county jail, or by fine not exceeding two hundred and fifty dollars; or both at the discretion of the court. using false metres, &c. SEC. 2. And be it further enacted, That if any person or Or of making or persons shall construct, or shall procure the same to be done, or shall use or cause to be used, any false metre provided for measuring and registering the quantity of gas consumed by any person or persons under a contract with any gas company in this state, with intent to defraud such person or persons, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the jail of the proper county any time not exceeding thirty days, or by fine not exceeding five hundred dollars, or both at the discretion of the court. WILLIAM B. WOODS, March 28, 1859. President of the Senate. AN ACT To amend section 6 of "an act to amend the act entitled 'an act to provide for the organization of cities and incorporated villages,"" passed March 11, 1853. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 6 of the "act to amend the act entitled an act to provide for the organization of cities and in- Swan's R. S. 981, corporated villages,"" passed March 11, 1853, be so amended as to read as follows: Section 6. The city council of any city in which water-works are or may be situated, or in ter-works. Trustees of wa- progress of construction, shall establish a board of three trustees, to be known as the trustees of water-works, who shall be elected by the qualified electors of the city, and hold their offices for the term of three years, except at the first election under this act, at which one person shall be chosen for one year, one person for two years, and one for three years; and thereafter one of the trustees shall be elected annually. The trustees of water-works shall manage, conduct and control the city water-works, furnish supplies of water, collect water rents, and appoint all necessary officers and agents; and the amount of the salaries of said officers or agents so appointed, and the term of office, shall be determined by the trustees. The trustees of water works shall be authorized to make such by-laws and regulations as they may deem necessary for the safe, economical and efficient management and protection of the works, and the said by-laws shall be of the same validity as the city ordinances; provided they are not made repugnant to the ordinances of the city, constitution or laws of the state of Ohio. The trustees of water-works shall cause a report to be made monthly to the city council, of the receipts and disbursements of money belonging to the works, and annually make a report of the condition of the works, and cause the same to be printed for the benefit of the public, and cause all money received and collected for water-works purposes to be deposited with the city treasurer, and cause receivers or collectors of water-works funds to make such deposits weekly, and return a receipt for the amount deposited to the trustees or their authorized agent, and all money so deposited with the city treasurer on account of the water-works, shall be kept a separate and distinct fund for the payment of such indebtedness of the water-works as is hereinbefore mentioned, and, together with the amount of the interest allowed to the city treasurer upon the water-works funds, which shall be deposited by him in such place as the city council shall order, shall be subject to the order of the trustees of water-works of the city in which such water-works are or may be situated; and all orders, made by the trustees of water-works on the city treasurer for money, shall be signed by one of the trustees, and countersigned by the secretary or clerk of the water-works. The trustees of water-works shall also be authorized to make contracts for the building of machinery, water works buildings, reservoirs, and for all other necessary purposes to the full and efficient management and construction of such water-works. And they shall also be authorized to make contracts, in the name of the city, for the purchase or lease of real estate upon which to build such water-works or reservoirs; provided, however, that all such contracts for the purchase or lease of real estate shall be approved by the city council. The city council shall hereby be authorized, for such purpose, upon petition of the trustees of water-works, to borrow, or issue the bonds of the city for any sum of money, not exceeding two hundred and fifty thousand dollars, at a rate of interest not to exceed six per cent. per annum; and to provide by taxation for the payment of the rents contracted for on the leases above mentioned, or the payment of the interest on the bonds aforesaid. Said bonds to be sold at par. Said sum to be made use of for water-works purposes and none other; Provided, that before the city council shall be authorized to issue the said bonds, they shall submit to the qualified voters of the said city, at any regular or special election, a proposition for or against the issue thereof, which shall receive the affirmative vote of a majority of all the votes cast upon the proposition. SEC. 2. That section 6 of the act to which this is amend- sec. repealed. atory, be and the same is hereby repealed. This act to take effect from and after its passage. WILLIAM B. WOODS, President of the Senate. March 28, 1859. AN ACT Supplementary to an act to regulate the election, contest of election, and the resignation of justices of the peace, passed March 11, 1853. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the corporate limits of any city or incorporated village are now or hereafter may become co-extensive with the limits of any township in which said city or incorporated village is or shall be situated, and in cases in which the township has been or may become merged in any city or incorporated village, the corporate existence of such township shall nevertheless continue for the purpose of electing therein justices of the peace and constables for such township, who shall be voted for on the same piece of paper. SEC. 2. In all such cases, justices of the peace and constables, to the number now allowed, or which may be hereafter allowed, to such township, may be elected by the qualified voters thereof, at the times and in the manner now or hereafter to be prescribed for the election of justices of the peace and constables in other townships, except that in townships wherein the office of township trustee has been abolished, all the rights, powers and duties in connection with such election devolving upon township trustees in other 6-LAWS. townships, shall be devolved upon and be performed by the city council of such city and the trustees of such incorporated village aforesaid. WILLIAM B. WOODS, Speaker of the House of Representatives, President of the Senate. March 29, 1859. How done. AN ACT Providing for the vacating of roads dedicated by private persons to public use. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That where a road has been or shall hereafter be dedicated by private persons to public use, a majority in interest of the proprietors of lands lying upon said road may, after having given thirty days notice by advertisement in one or more newspapers of the county in which said road is located, and having given notice in the township or townships where said road is located, by having posted up copies of said notice in three or more public places in said township or townships at least thirty days previous, petition the commissioners of said county for the vacation of said road or any part thereof; and if said commissioners are satisfied that said notice has been given and that no injustice will be done thereby, they shall declare the same vacated: provided, that all costs and expenses accruing upon any petition under this act shall be paid by the petitioners. SEC. 2. This act shall take effect and be in force from and after its passage. Speaker WILLIAM B. WOODS, President of the Senate. March 29, 1859. AN ACT To authorize the adoption of children. SECTION 1. Be it enacted by the General Assembly of the Proceedings to State of Ohio, That any inhabitant of this state not married, or any husband and wife jointly, may petition the probate be had. court of their proper county for leave to adopt a minor child. not theirs by birth, and for a change of the name of such child; but a written consent must be given to such adoption by the child, if of the age of fourteen years, and by each of his or her living parents who is not hopelessly insane or intemperate; if there be no such parents, or if the parents shall be unknown, or have abandoned such child, or if such parents or either of them are hopelessly insane or intemperate, then by the legal guardian; if there be no such guardian, then by a discreet and suitable person, appointed by said court to act in the proceedings as the next friend of such child. SEC. 2. That if the petition shall be filed by husband Same. and wife, the court shall examine the wife separate and apart from her husband, and shall refuse leave for such adoption, unless the court shall be satisfied, from such examination, that the wife, of her own free will and accord, desires such adoption. SEC. 3. That upon the compliance with the foregoing Order of court. provisions, if the court shall be satisfied of the ability of the petitioner or petitioners to bring up and educate the child properly, having reference to the degree and condition of the child's parents, and shall be satisfied of the fitness and propriety of such adoption, the court shall make an order setting forth the facts, and declaring that, from that date, such child, to all legal intents and purposes, is the child of the petitioner, and that the name of such child is thereby changed. SEC. 4. That by such order the natural parents shall be Effect of it. divested of all legal rights and obligations in respect to such child, and the child shall be free from all legal obligations of obedience and maintenance in respect to them, and shall be, to all intents and purposes, the child and legal heir of his or her adopter or adopters, entitled to all the rights and privileges and subject to all the obligations of a child of the adopter or adopters begotten in lawful wedlock: provided, that on the decease of parents who have adopted a child or children under this act, and the subsequent decease of such child or children without issue, the property of such adopting parents shall descend to their next of kin, and not to the next of kin of such adopted child or children. SEC. 5. This act shall be in force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. March 29, 1859. President of the Senate. |