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pital for not more than sixty days, if he is satisfied from his own examination and the written statement of some reputable physician familiar with the applicant's condition, and covering the several heads specified in section 704 of the Revised Statutes of Ohio, that the applicant is in an incipient stage of mental derangement, in need of such treatment as the hospital affords, and likely to be benefitted thereby. The applicant must be an inhabitant of this state, as defined in section 700, of the Revised Statutes of Ohio, able to appreciate the reason for and purpose of his application; and the application must be in writing, signed by the applicant, and in such form as the superintendent shall prescribe. Provided, however, the number of persons cared for as pa- Number of tients in any hospital under this section shall not at any one such patients. time exceed five.

SECTION 2. Nothing in this act shall authorize the ad- Exception mission of any patient to any hospital from any county hav- county is filled. ing persons already adjudged insane by the probate court, who are awaiting admission to such institute.

SECTION 3. That 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.

72G

when quota of

land used as right of way.

[House Bill No. 1.]

AN ACT
To supplement section 3322 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 3322 of the Revised Statutes Railroad comof Ohio be supplemented by section 3322a, as follows:

panies: Sec. 3322a. Any company using or occupying any Taxation of land as a right of way, without paper title or contract of record therefor, shall within six months after the passage of this act present a correct survey and plat of such land, exhibiting the quantity in such right of way taken from the lands of an owner abutting on such right of way, as it then stands on the tax duplicate of such county, to the auditor of the county in which such land is situate, who shall charge such land on his duplicate to such company, so used or occupied by any such company and such relative quantity shall be deducted by the auditor from the land on the tax duplicate, so that the abutting owners thereof shall not be required to pay the taxes thereon; and all costs of such survey, plat and transfer shall be paid by the company. Upon the failure of any company to have made such survey plat and transfer the owner or owners of such abutting land may

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have the same made and recover the costs thereof in an action against such company before any court having jurisdiction thereof.

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.

73G

homes:

ment and term.

[House Bill No. 388.]

AN ACT
To amend section 930 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: Children's

SECTION 1. That' section 930 of the Revised Statutes

of Ohio be amended so as to read as follows: Board of trus Sec. 930. When the necessary site and building are tees; appoint

provided by the county, the commissioners shall appoint a board of four trustees, not more than two of whom shall be of the same political party, who shall hold their offices as follows: One for one year, one for two years, one for three years, and one for four years, from the first Monday of March thereafter; and annually after said board is so constituted, the county commissioners shall, on the first Monday of March, appoint one trustee for said children's home,

who shall hold his office for the term of four years, and unSuperintende til his successor is appointed and qualified; and said board ent; duties and

of trustees shall designate some suitable person who shall act as superintendent of said home, and who shall also be clerk of said board of trustees; and shall receive for his services such compensation as the board of trustees designate at the time of his appointment; and he shall perform

all such (lities, and give security for the faithful performCompensation ance of them, as the trustees by law direct. The trustees of members of shall not receive any compensation for their services, but

may be allowed by the board of county commissioners their necessary expenses incurred while on duty, said expenses to be paid by warrant of the county auditor upon the treasurer of such county; and the superintendent shall have the entire charge and control of said home, and the inmates

therein, subject to such rules and regulations as shall be Matrons and

prescribed by the trustees; and said trustees may, upon the recommendation of the superintendent, appoint a matron, assistant matron, and teachers, whose duties shall be the care of the inmates of said home, to direct their employment, giving suitable physical, mental and moral training to them. The matron shall under the direction of the superintendent, have the control, general management and supervision

compensation.

board.

teachers.

suspension

ent may be

of the household duties of said home, and the matron, assistant matron and teachers, shall each perform such other duties, and receive for their services such compensation as Compensation. the trustees may by by-laws from time to time direct; and they may be removed at the pleasure of the trustees, or a majority of them. The superintendent may suspend tem- Removal or porarily a matron, assistant matron, or teachers, notice of su which must be immediately given to the board of trustees for their approval or disapproval; provided, that the trus- Superintendtees may, if in their judgment it is for the best interest of dispensed with. the home and of the county, dispense with a superintendent and authorize the matron to assume the entire charge of the home and its management.

SECTION 2. Said section 930 of the Revised Statutes Repeals, etc. of Ohio is hereby repealed, and this act shall take effect and be in force on and after its passage.

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

Carl L. NIPPERT,

President of the Senate.
Passed April 1, 1902.

746

panies other

companies.

(Senate Bill No. 69.]

AN ACT
To amend section 3641 of the Revised Statutes of Ohio, as amended

April 21, 1898, (0. L., vol. 93, page 170.)
Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That section 3641 of the Revised Statutes Insurance comof Ohio, as amended April 21, 1898, be so amended as to than life! read as follows:

Sec. 3641. A company organized under this chapter may —

1. Insure houses, buildings and all other kinds of Powers of property against loss or damage by fire and lightning and tornadoes, in and out of the state, and make all kinds of insurance on goods, merchandise and other property in the course of transportation, whether on land or water, or on any vessel or boat wherever the same may be.

2. Make insurance on the health of individuals and against personal injury, disablement or death, resulting from traveling or general accidents by land and water; make insurance against loss or damage resulting from accident to property, from cause other than fire or lightning; guarantee the fidelity of persons holding places of public or prirate trust, who may be required to, or do, in their trust capacity, receive, hold, control, disburse public or private moneys or property; guarantee the performance of contracts other than insurance policies, guarantee the validity of titles to real property, and execute and guarantee bonds

Limitation.

Deposit required of guarantee companies.

and undertakings required or permitted in all actions or proceedings, or by law allowed.

3. Make insurance on the lives of horses, cattle or other live stock against loss by death caused by accident, disease, fire or lightning, and against loss by theft and damage by accident; provided, that such company shall have a capital of one hundred thousand dollars, with at least twenty. five (25) per cent. of the capital stock paid up.

4. Receive on deposit and insure the safe keeping of books, papers, moneys, stocks, bonds and all kinds of personal property; lend money on bottomry or respondentia, and cause itself to be insured against any loss or risk it may have incurred in the course of its business, and upon the interest which it may have in any property by means of any loan which it may have made on mortgages, bottomry or respondentia, and generally to do and perform all other matters and things proper to promote these objects; but no company shall be organized to issue policies of insurance for more than one of the above four mentioned purposes, and no company organized for either one of said purposes shall issue policies of insurance of any other; provided, however, that no company, organized under the laws of the state to transact the business of guaranteeing the fidelity of persons holding places of public or private trust, or of executing or guaranteeing bonds or undertakings, as aforesaid, shall commence business until it had deposited with the superintendent of insurance two hundred thousand dollars in securities permitted by sections 3637 and 3638 of the Revised Statutes, which shall be held by said superintendent for the benefit and security all of the policy holders of the company, and which shall not be received by the said superintendent at a rate above their par value; nor shall a company, organized under the laws of another state, be licensed to transact any such business in this state unless at least two hundred thousand dollars of its assets are invested in securities permitted by sections 3637 and 3638 of the Revised Statutes of this state, and such securities are deposited with the superintendent of insurance of this state, or the superintendent of insurance or other officer of the state in which such company was organized, designated by the laws of such state to receive the same; and if such securities are deposited with the superintendent of insurance or other officer of another state, the superintendent of insurance of this state shall be furnished with the certificate of such state officer under his hand and official seal that he, as such officer, holds in trust on deposit for the benefit of all the policy holders of such company the securities above mentioned, giving the items of such securities, and stating that he is satisfied such securities are worth at least two hundred thousand dollars; the securities so deposited with the superintendent of insurance may be exchanged from time to time for other like securities, and so long as the corporation depositing the securities shall continue solvent and comply with the laws of this state it shall be permitted by the superintendent of in

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surance to collect the interest or dividend on such deposit; provided, also, that any company which shall execute any Denial of corbond as surety under the provisions of this act shall be porate power estopped in any proceeding to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute such instrument or assume such liability, and the Foreign insursuperintendent of insurance and other officers of this state ance.com having the control or custody of any 'deposit of $30,000 in of deposits. securities heretofore required to be made by companies of other states under section 3641 of the Revised Statutes of Ohio shall deliver the same to the depositors thereof and said officers shall be and are hereby relieved from further custody control or liability for or in respect of the same or the surrender thereof from and after the passage of this act.

SECTION 2. That section 3641 as amended April 21, Repeals, etc. 1898, be and the same is hereby repealed, and this act shall take effect on its passage.

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

CARL L. NIPPERT,

President of the Senate. Passed April 1, 1902.

756

ment:

and other offi

[House Bill No. 609.)

AN ACT
To amend section 2440 of the Revised Statutes of Ohio.
Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 2440 of the Revised Statutes Fire departof Ohio be amended so as to read as follows:

Cincinnati, Sec. 2440. The board shall have power to appoint Fire marshal a fire marshal, who shall be the executive officer of the board, a

cers; appointand have the active management of the fire department ment, term,

salaries, etc. when in service, and such number of assistant fire marshals as may, in the judgment of the board, be required for an effective management of the department, whose terms of office shall be three years, and until their successors are elected and qualified. And the board shall appoint such other officers and employes as may be necessary for the efficient management of the department, who shall hold their positions until removed by death, resignation or for incompetency, inefficiency, permanent disability, insubordination or violation of a rule or regulation of the department. No member or officer shall be appointed or removed on account of his religious or political opinion, nor shall any officer or member participate in political conventions, or primary convocations of any political party whatever. The board may prescribe what shall constitute membership in said department, and shall fix the salaries and prescribe the duties of the fire marshal, assistants, and

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