Purchase of such parts. Deed for same. State to sale. lease given as the number of acres so surrendered is propor- Said county auditor shall at the time proon proceeds of vided for in section 1431, Revised Statutes of Ohio, report any sales made by virtue of this enactment to the auditor of state and from the time of making such report the state shall pay interest on such sum or sums so reported and the treasurer of state upon receipt from the auditor of state of a certificate showing such payment to have been made into the county treasury, and the execution and transmission of said deed shall draw out of said county treasury said money so paid to said treasurer and accredit the same as other funds so reported under section 1431, Revised Statutes. HOLLIS C. JOHNSTON, Speaker pro tem. of the House of Representatives. Municipal libraries. AN ACT To amend section 218 of the act of October 22, 1902 entitled, "An act to provide for the organization of cities and incorporated villages and to restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent the abuse of such power as required by the constitution of Ohio, and to repeal all sections of the Revised Statutes inconsistent herewith." Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 218 of the act of October 22, 1902, entitled "An act to provide for the organization of cities and incorporated villages and to restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent the abuse of such powers as required by the constitution of Ohio, and to repeal all sections of the Revised Statutes inconsistent herewith, be and the same is hereby amended so as to read as follows: tion, erection, etc., of free ries' to be vested in equipment, public libra. board of trus tees appointed by the mayor. Sec. 218. The custody, control and administration, Administra together with the erection and equipment, of free public libraries established by municipal corporations, shall be vested in six trustees, not more than three of whom shall belong to the same political party, and not more than three of whom shall be women, who shall be appointed by the mayor to serve without compensation for a term of four years and until their successors are appointed and qualified; provided, however, that in the first instance three of such trustees shall be appointed for a term of two years, and three thereof for a term of four years, and all vacancies shall be filled by like appointment for the unexpired term. Said trustees shall employ the librarians and necessary assistants, fix their compensation, adopt the necessary by-laws and regulations for the protection and government of the libraries and all property belonging thereto, and exercise all the powers and duties connected with and incident to the government, operation and maintenance thereof. It shall require four of said trustees to constitute a quorum and four votes to pass any measure or authorize any act, which votes shall be taken by the yeas and nays and entered on the record of proceedings of [said] trustees, and in the making of contracts said trustees shall be governed by the provisions of law applicable thereto. Every woman born or naturalized in the United States, of the age of twenty-one (21) years and upward, who shall have been a resident of the state at least one year, and of the city or village in which any such library may be established, for the period of thirty days, shall be qualified to be appointed and serve as such trustee. The council of each city shall have power to levy and collect a tax not exceeding one mill on each dollar of the taxable property of the municipality, annually, and to pay the same to a private corporation or association maintaining and furnishing a free public library for the benefit of the inhabitants of the municipality as and for compensation for the use and maintenance of the same and without change or interference in the organization of such corporation or association, requiring the treasurer of such corporation or association to make an annual financial report, setting forth all the money and property which has come into its hands during the preceding year, and its disposition of the same, together with any recommendation as to its future necessities. Powers and duties of such board. Women may be members of such board if qualified. City council authorized to compensate private com taining free public library. levy tax to pany for main Repair of improved roads: Regulation of burdens on improved roads. Penalty for violation of 'his act. [House Bill No. 83.] AN ACT To amend section 4904 of the Revised Statutes of Ohio, to provide for the regulation of burdens on improved roads. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 4904 of the Revised Statutes of Ohio be amended so as to read as follows: Sec. 4904. It shall be unlawful for any person or persons, firm or corporation, in any county having free or toll macadamized, graveled or stone roads, to transport over such roads, in any vehicle having a tire of less than three inches in width, a burden, including weight of vehicle, of more than thirty-four hundred pounds. The county commissioners of every county shall constitute a board of directors for their respective counties, with power to prescribe the increased gross weight in quantity greater than thirty-four hundred pounds that may be carried, including weight of vehicles, in vehicles having a width of tire three inches or upwards, and cause such regulations to be recorded in their journal. All persons violating this act or any regulations duly prescribed by the aforesaid board of county commissioners made in pursuance hereof, shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars nor more than fifty dollars, and shall be imprisoned until the fine and costs of prosecution are paid, or said person so convicted duly discharged according to law. The board of trustees or any one of them, or any pike superintendent or commissioner within their respective jurisdiction, or any owner or president of any turnpike company owning or operating a turnpike road within any county, and the county commissioners within their respective counties, shall cause to be prosecuted all persons violating this act or violating any regulations prescribed by the board of county commissioners, made in pursuance of the authority herein conferred. The county commissioners within their respective counties are hereby empowered to appoint some suitable person or persons to enforce the requirements of this act and such regulations as are made in pursuance of the authority herein conferred; and the person or persons so appointed shall receive, upon any conviction for an offense by them prosecuted under this act, such portion of the fine or penalty as the commissioners may deem just and proper; and on complaint of any freeholder, and if, in the opinion of the board, owner or president of any such turnpike company, the complaint is well founded, the said board, owner or president of any such turnpike company may also enjoin any person or persons who are engaged in the business of transporting heavy loads over such roads in violation of the requirements prescribed under it, and the court in any such action may render judgment against the defendant or defendants for any damage done. SECTION 2. That said original section 4904 be and the Repeals. same is hereby repealed. GEORGE T. THOMAS, Speaker of the House of Representatives. Passed March 15, 1904. Approved March 15, 1904. MYRON T. HERRICK, Governor. 25G [Senate Bill No. 93.] AN ACT To amend sections 483, 567, 581 and 1442 of the Revised Statutes of Ohio and sections 222 and 223 of an act entitled "An act to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit so as to prevent the abuses of such powers, as required by the constitution of Ohio, and to repeal all sections of the Revised Statutes inconsistent herewith," passed October 22d, 1902 relating to the time and manner of holding elections, and of beginning the terms of justice of the peace, officers of township, villages and cities and to the election and terms of office of superior court judges. Be it enacted by the General Assembly of the State of Ohio: of April elections. SECTION I. That sections 483, 567, 581 and 1442 of Abolishment the Revised Statutes of Ohio, and sections 222 and 223 of an act entitled "An act to provide for the organization of cities and incorporated villages, and to restrict their powers of taxation, assessment, borrowing money, contracung debts and loaning their credit so as to prevent the abuses of such powers, as required by the constitution of Ohio, and to repeal all Superior court of Cincinnati; of the judges and their election. Beginning of term. Justices of the peace; vacancies to be filled by appointment by trustees. Election. Notice to county clerk by trustees. Record of date of commissions. sections of the Revised Statutes inconsistent herewith," passed October 22, 1902, be amended so as to read as follows: Sec. 483. The judges of the superior court shall severally hold their office for five years, and shall be elected by the electors of the city of Cincinnati on the first Tuesday after the first Monday of November of each year preceding that in which the term of any of said judges expires, and the terms of said judges shall begin on the first Monday in January following said election; and in case the office of any one of the judges becomes vacant before the expiration of the regular term for which he was elected, or in case a vacancy shall happen by any change now or hereafter made by law in the date of electing such judges, the vacancy shall be filled by appointment by the governor, and the judge so appointed shall hold his office until his successor, elected at the next regular election occurring more than thirty days thereafter, shall qualify; provided, however that the judge of said superior court elected at the November election in 1904 shall hold his office until the first Monday in January 1909; the judge elected on the first Monday in April 1902 shall hold his office. until the first Monday in January 1907; and the judge elected on the first Monday in April 1903 shall hold his office until the first Monday in January 1908. Sec. 567. When a vacancy occurs in the office of justice of the peace in any township in the state, either by death, removal, absence at any one time for the space of six months, resignation, refusal to serve, or otherwise, the trustees, having notice thereof, shall, within ten days from and after such notice, fill any such vacancy by appointing a suitable and qualified resident of the township who shall serve as justice until the next regular election for justice of the peace, and until his successor is elected and qualified; and a majority vote of the trustees shall be sufficient to appoint. At the next regular election, some suitable person shall be elected justice in the manner provided by law, for the term of three years; and the clerk of the court of common pleas, in certifying to the secretary of state the appointment of a justice of the peace to fill any vacancy, as aforesaid, shall specify in his certificate, the name of the justice of the peace whose place is supplied by the person whose appointment is certified to, and also the date when such vacancy occurred; and to enable the clerk of the court to comply with so much of this section as relates to his duties, the trustees shall notify him of any vacancy, as aforesaid, and the date when it occurred; and in case the election of an additional justice of the peace in any township is authorized by the proper authority, the clerk of the court, in certifying his election to the secretary of state, shall state in his certificate that he is such additional justice of the peace, so authorized and elected. Sec. 581. Every justice of the peace, when commissioned, shall, in thirty days thereafter, transmit the date thereof, to the clerk of the township, who shall make an entry thereof in a book by him to be provided for that purpose, and |