Municipal corporations; taxation. When money may be deemed in treasury and [Senate Bill No. 63.] AN ACT To supplement section 45 of an act passed by the general assembly of the state of Ohio 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; relative to the sale and delivery of bonds. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 45 of an act passed October 22, 1902 (O. L. v. 96, p. 20), 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 supplemented by adding the following section: Sec. 45a. Money to be derived from lawfully authorized bonds or notes sold and in process of delivery shall for in appropriate the purpose set forth in section 45 of this act be deemed in the treasury and in the appropriate fund. fund. GEORGE T. THOMAS, Passed March 18, 1904. Approved March 21, 1904. MYRON T. HERRICK, Governor. 30G Appropriation of property: Bills of exceptions, how taken and allowed. [House Bill No. 19.] AN ACT To amend section 6437 of the Revised Statutes of Ohio, to provide for the time of filing bills of exceptions and petitions in error. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 6437 of the Revised Statutes of Unio be amended so as to read as follows: Sec. 6437. Bills of exceptions shall be taken and allowed as provided in sections 5301, 5301a, 5301b, and 5302 Revised Statutes of Ohio; and either party may file error, when may be filled. a petition in error in the court of common pleas of the Petition In proper county within thirty days after the time allowed for such signing of bills of exceptions, and the proceedings in error shall be conducted as in civil actions; but the corporation may on the rendition of final judgment in the probate court, pay into said court the amount of the judgment for compensation, and costs therein rendered, and proceed to enter upon and appropriate property notwithstanding the pendency of the proceedings in error. SECTION 2. That section 6437, Revised Statutes of Repeals, etc the state of Ohio, be and the same is hereby repealed. This act shall take effect and be in force from and after its passage in all pending cases and causes of action. GEORGE T. THOMAS, Speaker of the House of Representatives. Passed March 18, 1904. Approved March 21, 1904. MYRON T. HERRICK, Governor. 31G [House Bill No. 80.] AN ACT To provide for, maintain and encourage a more efficient national guard. Enlisted re men shall attendance at drill. ceive pay for Be it enacted by the General Assembly of the State of Ohio: SECTION 1. For the purpose of providing, maintaining and encouraging a more efficient national guard, each regularly enlisted man in the organized militia of this state shall be paid twenty-five cents for attendance at drill for each regular weekly drill attended, not to exceed forty-eight weeks in one year, and shall be paid quarterly upon the presentation of the proper certified muster and pay-roll to the adjutant general, and upon his approval the state auditor shall issue his warrant upon the treasurer for the amount certified to as above provided in favor of the officer making the certificate as hereinafter provided for. The commanding officer of each company, troop, battery, hospital corps or band shall, at a stated hour during the regular weekly drill, call the roll of his command and keep a record of the members present and absentees, and from this record he shall make in triplicate muster and pay-rolls at the end of each quarter, to which he shall attach his certificate, and forward to the adjutant general. Any enlisted man in the organized militia of this state who wilfully, maliciously, purposely, cases such or through carelessness or neglect permits any of the arms, pay may be utensils, clothing, bedding, or other equipment issued to In certain withheld. him, being public property or belonging to the state, to become lost, damaged, or in any other manner unfit for its intended use, the commanding officer of his company, troop, battery or other organization, shall apply so much of said soldier's pay herein provided for as may be required for the replacing, repairing, cleaning or other requirements necessary to place such property in condition for military service. The adjutant general shall make such regulations and require such bonds and reports, and furnish such blanks as may be necessary to carry out the provisions of this act. GEORGE T. THOMAS, Speaker of the House of Representatives. Passed March 15, 1904. Approved March 23, 1904. MYRON T. HERRICK, Governor. 32G Adulteration: sugar Maple Standard of weight of maple syrup; adulteration, what is. [Senate Bill No. 79] AN ACT To supplement and amend an act entitled "An act to define maple sugar and maple syrup, to provide against the adulteration thereof, and to provide for the standard of weight of maple syrup," passed April 16, 1900. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That an act entitled "An act to define maple sugar and maple syrup, to provide against the adulteration thereof, and to provide for the standard weight of maple syrup," passed April 16, 1900, be and the same is hereby amended and supplemented to read as follows: Sec. I. That maple sugar, or pure maple sugar, and maple syrup, or pure maple syrup, shall be the unadulterated product produced by the evaporation of pure sap from the maple tree. Sec. 2. The standard of weight of a gallon of maple syrup of 231 cubic inches in the state of Ohio, shall be eleven pounds. Any other substance mixed with maple sugar or maple syrup or any other substance purporting to be maple sugar or maple syrup or maple syrup of less weight than eleven pounds to the gallon of 231 cubic inches. shall be deemed to be an adulteration of such substance. Any person who shall manufacture for sale, offer for sale, or have in his possession with intent to sugar or syrup. sell, or sell or deliver as and for maple syrup or maple sugar any adulteration of maple syrup or maple sugar as Unlawful to sell adulterat ed maple Sec. 3. herein defined shall, upon conviction, be punished as provided in section 6 of this act. Sec. 4. Any person who shall offer for sale, have in his possession with intent to sell, or sell or deliver as and for maple syrup, or as and for maple sugar, any articles which do not bear the name and address of the packer and also the state, territory or country in which the goods were produced, in plain legible type upon the label, shall upon conviction, be punished as provided in section 6 of this act. Fraudulent use of word Sec. 5. Any person who shall offer for sale, have in his possession with intent to sell, or sell or deliver any "Maple". adulteration of maple syrup or maple sugar in any box, can, bottle or other package having the word "Maple" or any compounding of this word, as the name or part of the name of the syrup or sugar or any device or illustration suggestive of maple syrup or sugar or the manufacture thereof, shall, upon conviction, be punished as provided in section 6 of this act. Sec. 6. Any person who violates any of the pro- Penalty. visions of this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than two hundred dollars and shall pay the costs of prosecution. SECTION 2. The above mentioned original act passed Repeals, etc. April 16, 1900, is hereby repealed and this act shall take effect sixty days after its passage. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That there be and is hereby appropriated out of any money in the treasury, to the credit of the general revenue fund, not otherwise appropriated, the following sums, for the purpose of paying the debt of the Ohio state Appropria tion to pay bonds and interest on bonds issued by Ohio state culture. board of agri board of agriculture, as herein named: To redeem bonds of said board authorized by act of the general assembly passed April 12, 1898, payable September 1, 1904, eight thousand ($8,000) dollars; to pay one year's interest on sixty-four ($64,000) dollars remaining unpaid of the total issue of bonds of eighty thousand ($80,000) dollars, authorized by said act, due March 1 and September 1, 1904, three thousand two hundred ($3,200) dollars; to redeem bonds of said board, authorized by act of the general assembly, passed March 29, 1900, payable September 1, 1904, twelve thousand ($12,000) dollars; to pay one year's interest on ninety-six thousand ($96,000.00) dollars remaining unpaid of the total issue of bonds of one hundred and twenty thousand ($120,000) dollars authorized by said act, due March 1 and September 1, 1904, four thousand eight hundred ($4,800) dollars; to redeem bonds of said board authorized by act of general assembly, passed April 12, 1898, payable September 1, 1903, eight thousand ($8,000) dollars; to pay one year's interest on fifty-six thousand ($56,000) dollars unpaid bonds, authorized by said act, due March 1, and September 1, 1905, two thousand eight hundred ($2,800) dollars; to redeem bonds of said board authorized by act of the general assembly, passed March 29, 1900, payable September 1, 1905, twelve thousand ($12,000) dollars, and to pay one year's interest on eighty-four thousand ($84,000) dollars unpaid bonds authorized by said act due March 1 and September 1, 1905, four thousand two hundred ($4,200) dollars. SECTION 2. This act shall take effect and be in force from and after its passage. GEORGE T. THOMAS, Speaker of the House of Representatives. W. G. HARDING, President of the Senate. Passed March 17, 1904. Approved March 24, 1904. MYRON T. HERRICK, Governor. |