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education may

library.

managers.

[House Bill No. 155.)

AN ACT
To provide for the transfer of libraries and library property to

boards of education, and to authorize such boards to provide

for the care and maintenance of same.

Be it enacted by the General Assembly of the State of Ohio: City board of 'SECTION 1. · That whenever in any city organized unacquire private der chapter 4, division 2, of title 12, of the Revised Statutes

of Ohio, there is a library owned by a private incorporated or unincorporated association which the owners, or managers thereof, are willing to dispose of and to transfer to the board of education of such city or school district within which said city is situate, the said board of education is hereby authorized to acquire from said association by pur

chase, or otherwise, said library and the property used by Shall be made said association for library purposes. Upon acquiring title a public library. to said library and property, the said board of education

shall declare the same to be a public library and shall elect Board of a board of managers therefor, consisting of six persons, two

of whom, at the first election shall be elected for a period of three years, two for a period of two years, and two for a period of one year, and thereafter, upon the expiration of said terms, and all succeeding terms, said managers shall

be elected for three years. And said board of education Vacancies in shall fill vacancies in said board of managers for unexpired

terms in like manner, and said board of managers shall at all times be amenable to and under the control of said board of education as to tenure of office and authority and shall serve without compensation. The president of said board of education shall be ex-officio a member of said board of managers, but otherwise, no member of said board of education shall be a member of said library board.

SECTION 2. Said board of managers shall have the care, custody, control and management of said library and property under such rules and regulations as they shall prescribe and shall have the power to receive donations of land, money and other things of value, and to hold, dispose of, or use the same for the benefit of such library. The use of said library shall be free to all residents of said city and territory thereto attached for school purposes. Said board shall have the power to lease or rent suitable place for the use of said library and establish a reading room or rooms

in connection therewith. Organization

SECTION 3. Said board of managers shall elect from their number a president, vice president, and secretary, and shall appoint a librarian and such assistants and employes as may be necessary for the proper conduct of said library. The term of office of said appointees shall be at the pleasure of the board, but shall not exceed three years.

SECTION 4. For the purpose of paying for such library purchased and of maintaining and increasing said library and reading rooms, the said board of education may

Powers and duties of managers.

of board; librarian and assistants,

Tax levy.

levy upon the general tax duplicate of the school district within which such city is situate, a tax of not to exceed sixtenths of one mill on each dollar of valuation of the taxable. property of said school district which shall be levied, assessed, and collected as other taxes levied by said board and shall be in addition thereto. The proceeds of said tax when collected, shall constitute and be called the library fund, and shall be paid to the treasurer of the school district, who shall disburse same only upon warrant of said board of managers, signed by the president and secretary thereof. Said board of managers shall expend said fund Expenditure of

funds. in the purchase of books, pamphlets, papers, magazines, periodicals, journals, furniture, and such other property as may be necessary for such library and reading rooms, and in the payment of all proper charges for maintenance, including the compensation of the librarian and other employes of said board. No part of said fund shall be transferred, or used for any other purpose than as provided in this section. All money heretofore appropriated, received. or collected by tax levied for public library purposes in said city, or school district, and remaining unexpended shall be transferred to said library fund, and be expended by said board of managers in accordance with the provisions of this act.

SECTION 5. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

CARL L. NIPPERT.

President of the Senate.
Passed March 31, 1902.

66G

(Senate Bill No. 234.]

AN ACT
To amend section 3 of an act entitled "An act to provide for the

construction and maintenance of a county memorial building
to commemorate the services of the soldiers, sailors, marines,
and pioneers of the several counties of the state," passed March

12, 1902, (in order that a clerical error may be corrected.) Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 3 of an act entitled “An County meact to provide for the construction and maintenance of a ing. county memorial building to commemorate the services of the soldiers, sailors; marines and pioneers of the several counties of the state," passed March 12, 1902, be and the same is here amended so as to read as follows:

Sec. 3. Immediately upon the appointment and or- Question of ganization of said board of trustees, they shall certify to the erection to be deputy supervisors of election of the county, in which such vote. board is organized, the fact of their appointment and or

morial build

to

ganization, and direct the submission to popular vote at the next regular county election of the question of the issue of bonds in the amount specified by the county commissionery in their original resolution, and of the erection and maintenance of the memorial building contemplated. The deputy supervisors of election of said county shall submit said question to popular vote at the next regular county election with such forms of ballot as said deputy supervisors may prescribe and shall certify the result of said election to the board of trustees. If a majority of the votes cast upon said question is in favor of said issuance of said bonds and the construction and maintenance of said memorial building, said board of trustees shall proceed as hereinafter authorized.

SECTION 2. That said original section 3 of the act entitled “An act to provide for the construction and maintenance of a county memorial building to commemorate theservices of the soldiers, sailors, marines, and pioneers of the several counties of the state," passed March 12, 1902, be and the same is hereby repealed and this act shall take effect and be in force from and after its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate. Passed March 31, 1902.

676

Repeals, etc.

[House Bill No. 339.]

ÁN ACT

etc.:

To amend secticn 3238 and to repeal sections 5855, 5856 and 5857

of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: Creation of

SECTION 1. That section 3238 of the Revised Statutes corporations,

of Ohio be amended so as to read as follows: Articles must

Sec. 3238.

The official character of the officer before be acknowledged, certi

whom the acknowledgment of articles of incorporation is fied and filed made shall be certified by the clerk of the court of common with secretary of state.

pleas of the county in which the acknowledgment is taken, and the articles shall be filed in the office of the secretary of state, who shall record the same, and a copy duly certified by him shall be prima facie evidence of the existence of

such corporation, and all certificates thereafter filed in the As to name or office of the secretary of state relating to the corporation similar name.

shall be recorded; but the secretary of state shall not in any case file or record any articles of incorporation in which the name of the corporation is such as is likely to mislead the public as to the character or purpose of the business authorized by its charter, or is the same as one already adopted or appropriated by an existing corporation of this state or 50 similar to the name of such existing corporation as to

be likely to mislead the public, unless the written consent of such prior existing corporation, signed by its president and secretary, be at the same time filed with such articles of incorporation.

SECTION 2. That sections 3238, 5855, 5856 and 5857 Repeals, etc. of the Revised Statutes of Ohio be and the same are hereby repealed, and this act shall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate. Passed March 31, 1902.

68G

[House Bill No. 248.]

AN ACT

Garfield corrupt practice law repealed.

To repeal sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,

17, 18, 19, 20, 21, 22, 23, 24 of an act passed April 8, 1896,

92 Ohio Laws, pages 123 and 132, inclusive." Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 1, 2, 3, 4, 5, 6, 7, 8,

9, ΙΟ, II, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 of an act passed April 8, 1896, 92 Ohio Laws pages 123 and 132 inclusive, be and the same are hereby repealed.

SECTION 2. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate.
Passed March 31, 1902.

69G

[House Bill No. 185.]

AN ACT
To provide for the abandonment and sale of a portion of the Wabash

and Erie canal.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That the portion of the Wabash and Erie Wabash and canal, lying between the junction of said canal with the abandonment Miami and Erie canal and the lock one mile west from said of portion of. junction, all in Paulding county, Ohio, be and the same is hereby abandoned. SECTION 2.

Said canal lands shall be sold subject to Said canal the provisions of section 218-231 of the Revised Statutes of sold.

lands shall be

Saia lands to be transferred to owners of land through which canal runs.

SECTION 3. And the land occupied by' said canal, towing path and berme banks in total be, and the same is hereby transferred to the owners of the tracts of land through which said canal runs, except so much thereof as has been sold heretofore by the state, but subject to all legal highways and legally established ditches and watercourses along, across, and upon the same.

SECTION 4. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

Carl L. NIPPERT,

President of the Senate Passed March 31, 1902.

70G

Cities and villages; enumeration of powers:

[House Bill No. 86.]

AN ACT
To further supplement section 1692 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That the following shall constitute a section supplementary to section 1692 of the Revised Statutes of Ohio, with sectional numbering as follows:

Sec. 1692h. To regulate, restrain, or prohibit the keeping, for breeding purposes, of any stallion, jack or bull.

SECTION 2. This act shall take effect and be in force from and after its passage.

W. S. MCKINNON, Speaker of the House of Representatives.

CARL L. NIPPERT,

President of the Senate. Passed April 1, 1902.

716

[House Bill No. 256.]

AN ACT

Asylums for the insane :

To reënact section 711 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 711 of the Revised Statutes of Ohio be and the same is hereby reënacted as to read as follows:

(Admission of patients to state hospitals on voluntary application). A person in an incipient stage of mental derangement may apply for admission to and treatment in the state hospital for the district in which such person resides; and the superintendent of such hospital is authorized to receive such person as a patient in said hos

Admission of patients to state hospitals on voluntary application.

Sec. 711.

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