When the sale pality shall be in any munici unlawful. Penalty for making such prohibited sale. And if a majority of the votes cast at such election shall be in favor of prohibiting the sale of intoxicating liquors as a beverage, then from and after thirty days from the date of holding said election it shall be unlawful for any person, personally or by agent, within the limits of such municipal corporation to sell, furnish or give away any intoxicating liquors to be used as a beverage, or to keep a place where such liquors are kept for sale, given away or furnished, for beverage purposes, and whoever from and after the thirty days aforesaid in any manner directly or indirectly, sells, furnishes, or gives away, or otherwise deals in any intoxicating liquors as a beverage, or keeps or uses a place, structure or vehicle, either permanent or transient for such selling, furnishing or giving away or in which or from which intoxicating liquors are sold, given away or furnished or otherwise dealt in as aforesaid, shall be guilty of a misdemeanor, and shall on conviction thereof, be fined not more than two hundred dollars nor less than fifty dollars for the first offense, and shall for a second offense be fined not more than five hundred dollars nor less than one hundred dollars, and for any subsequent offense be fined not less than two hundred dollars and be imprisoned not more than sixty days and not less than ten days. But nothing contained in any of the sections of this act shall in any manner affect the right of any manufacturer of intoxicating liquors from the raw material, to sell, deliver and furnish his product in wholesale quantities to bona fide retail dealers trafficking in intoxicating liquors, or in wholesale quantities to any party or parties residing outside the limits of said municipality. Sec. 4364-20c. The phrase "intoxicating liquors" as Meaning of used in this act shall be construed to mean any distilled, Patient,, malt, vinous or any other intoxicating liquors; but nothing in this act shall be construed to prevent the selling of Regular drugintoxicating liquors at retail by a regular druggist for ex- Eists. clusively known medicinal, pharmaceutical, scientific, mechanical or sacramental purposes; and when sold for medicinal purposes it shall be sold only in good faith upon written prescription issued, signed and dated in good faith by a reputable physician in active practice and the prescription used but once. The words "giving away" where they occur in this act shall not apply to the giving away of intoxicating liquors by a person in his private dwelling, unless such private dwelling is a place of public resort. Sec. 4364-20d. When any person, company or corporation has discontinued such traffic in accordance with the provisions of this act, within the time specified by section 4364-200 of this act, has paid or is charged upon the tax duplicate with an assessment upon such traffic, the county auditor, upon being satisfied of such fact, shall issue to such person, company or corporation, a refunding order of an amount proportionate to the unexpired time for which said assessment has been paid. Manufacturers may sell at retail dealers. wholesale to liquors." Rebate of Dow discontinued. tax when sale What constitutes forty per cent. of the qualified electors. Sufficiency of indictments under this act. Entry and rec ord of result of Sec. 4364-202. The petition for an election provided for in section 4364-20a of this act shall be deemed sufficient and the council shall order such an election when the petition is signed by as many qualified electors as shall equal in number forty per cent. of the number of votes cast in said municipal corporation at the last preceding general election in municipalities which are divided into wards: and in all other municipalities, forty per cent. of the qualified electors at the last preceding municipal election, and in indictments, affidavits, or informations for violation of this act it shall not be necessary to set forth the facts showing that the required number of electors in the municipal corporation petitioned for an election, that the election was held, or that the majority voted in favor of prohibiting the sale as herein provided. But it shall be sufficient to state that the act complained of was then and there prohibited and unlawful. Sec. 4364-20f. The following shall be deemed a suffielection required cient entry and record of the result of an election held under the provisions of this act as required by sections 4364-20₫ and 4364-20b: by section 436420a. Disposition of fines. Another election may be ordered; when. Contest of election in probate court. Mayor shall be summoned. Whole number of votes "for the sale of intoxicating liquors as a beverage" Whole number of votes "against the sale of intoxicating liquors as a beverage" Clerk of Sec. 4364-20g. Money received from fines and forfeited bonds collected under the provisions of this act shall be paid into the treasury of the municipal corporation wherein said fine was imposed or bond forfeited, and shall be applied to such fund or funds as the council of the said corporation may direct. Sec. 4364-20h. At any time after two years from the date of an election held under the provisions of section 4364-20a of this act another election may be petitioned for and shall be ordered as provided for in section 4364-20a. Sec. 4364-201. Any person being a qualified elector of any municipal corporation wherein an election shall have been held as provided for in this act may contest the validity of such election by filing a petition duly verified with the probate court of the county in which such municipal corporation is situated, within ten days after the election, setting forth the grounds for contest. The probate judge, upon the filing of such petition, shall forthwith issue a summons, addressed to the mayor of such municipal corporation, notifying him of the filing of such petition and directing him to appear in said court on behalf of said municipal corporation, at a time named in the summons, which time shall be not more than twenty days after the election nor less than five days after the filing of such petition. cedure. The probate judge shall have final jurisdiction to hear Method of 10and determine the merits of the proceedings, and in other respects in the procedure of the hearing he shall be governed by the law providing for the contesting of an election of a justice of the peace so far as such law is applicable. The probate court shall require the person or persons contesting the election to furnish sufficient security for costs before said petition is filed. SECTION 2. That section 4364-20 of the Revised Statutes of Ohio be and the same is hereby repealed, but an ordinance passed by a municipal corporation under the authority given in said section prohibiting places where intoxicating liquors are sold at retail shall remain in full force and effect until thirty days after an election has been held in accordance with the provisions of section 4364-200 of this act. An ordinance passed by a municipal corporation under the authority given in said section regulating places where intoxicating liquors are sold at retail, shall remain in full force and effect until said ordinance is repealed or amended under the authority granted in section 4364-20 of this act. SECTION 3. This act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. Repeals and saving clause for ordinances Passed April 3, 1902. CARL L. NIPPERT, President of the Senate. [House Bill No. 125.] AN ACT To amend sections 306-1, 306-2, 306-3, 306-4 and 306-5, and to repeal sections 306-5a, 306-5b, 306-5c, 306-5d, 306-5e and 306-6 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That sections 306-1, 306-2, 306-3, 306-4, Inspector of and 306-5 of the Revised Statutes of Ohio be amended so as to read as follows: Sec. 306-1. It shall be the duty of every person, firm or corporation engaged in drilling or exploring for natural gas or oil upon any land from which coal is being mined upon notice from the chief inspector of mines of the state of Ohio, or from any district inspector of mines of said state, to make or cause to be made, an accurate map thereof, mines: Maps of coal. lands required to be made; gas and oil when. Wells to be plainly marked. which shall show the boundaries of each tract of land drilled upon, and the buildings and all monuments found upon such premises. Each well shall be plainly marked by a name, number or letter, and located whenever possible with reference to some well defined and lasting monument, so that its exact location may be determined. Such map shall contain a sworn statement of the person, firm or corporation operating such oil or gas wells, that it is a true and Copy to be filed accurate representation of the property; and a copy thereof with inspector shall be filed in the office of the chief inspector of mines and be open to inspection at all reasonable times. of mines. Maps to be made before be ginning opera tions. Casing and sealing of well drilled in coal lands. Sec. 306-2. It shall be the duty of every person, firm or corporation leasing any land for coal mining purposes, and upon which gas or oil wells have been drilled to, or below any veins or seams of such mineral coal before proceeding to mine such coal to make, or cause to be made, and filed in the office of the chief inspector of mines such a map as is described in section 306-1 of the Revised Statutes of Ohio. Sec. 306-3. Whenever any person, firm or corporation sinks any well for gas or oil on lands upon which coal or or other mineral other mineral is being mined, and which well passes through any mine, it shall be the duty of the person drilling such well to drill the hole to a depth of at least ten feet below the vein of coal or other mineral being mined, when such hole shall be cased and sealed upon the outside of the casing, with suitable material to the level of the coal floor; and each vein of mineral coal being mined, pierced by such well shall be sealed in same manner. Sealing of well on abandon ment. Failure of owner to cause well to be sealed. Sec. 306-4. It shall be the duty of the owner of any well drilled for oil or gas and which in drilling shall have passed through any vein of mineral coal, before abandoning, or ceasing to operate such well, and before drawing the casing therefrom, to seal the same in the manner following: There shall be driven in such well to a depth of at least ten feet below the floor of the lowest coal measure a round seasoned wooden plug at least three feet in length and equal in diameter to the diameter of the well at that point, on the top of which plug there shall be filled at least seven feet of sediment or drillings, or cement and sand. Where any gas or oil well passes through any gas or oil bearing rock lying above the coal measures, the owner of said well or his agent, shall, upon abandoning or ceasing to operate such well, drive a dry wooden plug not less than two feet in length, equal in diameter to the diameter of the hoie, to a point as near as possible to the top of the coal vein, on the top of which plug there shall be filled at least five feet of sediment or drillings, or cement and sand, as the mine inspector shall direct. In case such well is not plugged as aforesaid within ten days from the abandonment thereof, the chief inspector of mines, or a district inspector of mines, may cause the weli to be plugged, and the costs and expenses of such plugging may be recovered of the person, firm or corporation whose duty it is to plug the same in the manner provided for the recovery of penalties by section 303-5 of the Revised Statutes of Ohio. non compliance. etc. Sec. 306-5. Every person, firm or corporation, failing Penalty for to comply with any of the provisions of this act, shall be subject to a penalty of not less than one hundred dollars, nor more than two hundred dollars, to be recovered by action in the name of the state, and on collection, pa'd into the treasury of the state to the credit of a fund which is hereby appropriated for prosecuting violations of this act, to be paid out on requisition signed by the chief inspector of mines. Such action may be instituted in the court of common pleas of the county wherein any such well is located, or of Franklin county. In addition to the penalties. herein provided, any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction, be fined in any sum not less than fifty dollars nor more than two hundred, or be imprisoned not less than ten days nor more than thirty days, or both. SECTION 2. Said original sections 306-1, 306-2, 306-3, Repeals, etc. 306-4, 306-5, 306-5a, 306-5b, 306-5c, 306-5d, 306-5e, 306-6 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. Passed April 3, 1902. CARL L. NIPPERT, President of the Senate. [Senate Bill No. 41.] AN ACT To amend section 1104 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 1104 of the Revised Statutes County of Ohio be amended so as to read as follows: treasurer: urer for unpaid taxes. Sec. 1104. When any taxes or assessments stand Action by treascharged against any land or lots, or parcel thereof upon the general or any special duplicate (or any special duplicate of delinquent or forfeited taxes or assessments) for any purpose authorized by law, and the same, or any part thereof. are not paid within the time prescribed by law for the payment thereof, the county treasurer in addition to all other remedies provided by law, may and when requested by the auditor of state shall, enforce the lien of such taxes and as sessments, or either, and any penalty due thereon, by a civil action in his own name as treasurer for the sale of said premises in the court of common pleas of the county, with |