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Corporations filing annual reports with auditor and superintendent of insurance.

Violations.

Penalty

scribe shall be attached to or made part of the report required to be made of such corporation under an act entitled, ‘An act to require corporations to file annual reports with the secretary of state and to pay annual fee therefor,” passed April 2, 1902. Corporations required by law to file annual reports with the auditor of state or the superintendent of insurance shall file with the said officers similar affidavits in such form as, the auditor of state or the commissioner of insurance shall prescribe. The form of affidavit presented by the said officer shall be attached to or made part of the report required to be made of such corporation under existing laws. Such affidavit shall be made at the time at which such reports are required to be made.

SECTION 3. Every corporation which violates section i of this act shall be punished by a fine of not more than five thousand nor less than five hundred dollars. Every corporation for profit which violates section 2 of this act shall be punished by a fine of not more than five hundred dollars nor less than fifty dollars. Any officer, stockholder, attorncy, or agent of any corporation which violates section of this act who participates in, aids or advises any such violation, and any person who solicits or knowingly receives any money or property in violation of this act shall be punished by imprisonment for not more than one year or a fine of not more than one thousand dollars, or both at the discretion of the court.

A person offending against this act is a competent witness against another person so offending, and may be compelled to attend and testify on any trial, hearing or proceeding or investigation in the same manner as any other person. The testimony given shail not be used in any prosecution or proceeding, civil or criminal, against the person testifying. Any such person testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly in bar of such an indictment or prosecution.

JOSEPII D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives.

JAMES M. WILLIAMS,

President of the Scratc.
Passed February 25. 1908.
Approved February 26, 1908.

ANDREW L. HARRIS,

Governor.

Competent witness.

Witness not liable to prosecution.

[Amended House Bill No. 673.]

AN ACT

tributory negligence.

To qualify the liability of railroad companies for injuries to

their employes. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. Every railroad company operating any railroad which is in whole or in part within this state shall be liable for all damages sustained by any of its employes by reason of personal injury or death of such employe:

1. When such injury or death is caused by a defect in any locomotive, engine, car, hand-car, rail, track, machinery or appliance required by such company to be used by its employes in and about the business of their employment, if such defect could have been discovered by reasonable and proper care, tests or inspection; and proof of such defect shall be presumptive evidence of knowledge thereof Presumptive

evidence. on the part of such company; and any such employe of such railroad company who may be injured or killed as a result of any such defect, shall not be deemed to have assumed the risk occasioned by such defect, although continuing in the employment of such railroad company after knowledge of such defect; nor shall continuance in employment after Continuance such knowledge by any employe be deemed an act of con- not contributory negligence.

2. While any such employe is engaged in operating, running, riding upon or switching passenger, freight or other trains, engines or cars, and while engaged in the performance of his duties as such employe, and when such injury shall have been caused by the carelessness or negli- Carelessness

or negligence. gence of any other employe, officer or agent of such company, in the discharge of or for failure to discharge his duties as such.

SECTION 2. That in all actions hereafter brought against any railroad company operating any railroad in whole or in part within this state, for personal injury to an employe or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence, shall not bar a recovery where his Slight concontributory negligence was slight and that of the employer negligence was greater in comparison. But the damages shall be dimin- no barr to ished by the jury in proportion to the amount of negligence attributable to such employe. All questions of negligence and contributory negligence shall be for the jury.

FREEMAN T. EAGLESON,
Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senalc.
Passed February 28, 1908.
Approved February 28, 1908.

ANDREW L. HARRIS,

Gocernor.

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[House Bill No. 806.]

AN ACT

To amend section 1535 of the Revised Statutes, fixing the com

pensation of assessors of personal property.

Compensation.

Detailed account.

When warrant to be drawn.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 1535 of the Revised Statutes be amended so as to read as follows:

Sec. 1535. Each assessor shall be paid, out of the county treasury, three dollars per day for the time during which he is necessarily engaged in the performance of his duties; and he shall make out an account in detail, giving the date of each day on which he was thus engaged, and verify the same by oath, which the county auditor is authorized to administer; and if the auditor is satisfied that such account is correct, he shall draw his warrant on the county treasurer for the aniount thereof; but in no case shall such warrant be drawn until the assessor has filed with the auditor his list of assessments, accurately made out, and the statements returned to him, and the books on which the original assessments were made; nor until the assessor has filed with the auditor the statistics and enumeration required of him by law, and the auditor is satisfied that the same are as full and accurate as could be made.

SECTION 2. That original section 1535 of the Revised Statutes be and the same is hereby repealed.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed February 28, 1908.
Approved February 28, 1908.

ANDREW L. HARRIS,

Governor.
I7G

Statistics.

[Amended House Bill No. 809.]

AN ICT

To amend section 1300 of the Revised Statutes, relative to com

pensation of appraisers.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 1300 of the Revised Statutes be amended to read as follows:

Sec. 1300. Persons employed as commissioners to make partition of lands, or to assign dower, shall, for the

tion.

time so engaged, and in going and returning, receive two compensadollars per day, but if the lands lie in more than one county they shall be entitled to two dollars and fifty cents per day; and persons called by an officer to appraise real or personal property on execution, replevin, or attachment, or In attachto fix the value of exenipted property, shall receive one dol- compensalar per day, except as otherwise specially provided.

SECTION 2. That said section 1300 of the Revised
Statutes be and the same is hereby repealed.

FREEMAN T. EAGLESON,
Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed February 28, 1908.
Approved February 28, 1908.

ANDREW L. HARRIS,

Governor.
18G

[Amended House Bill No. 810.]

AN ACT

Compensation.

To amend section 6045 of the Revised Statutes, relative to compensation of appraisers.

) Be.it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 6045 of the Revised Statutes be amended to read as follows:

Sec. 6045. The appraisers shall each receive two dol-
lars per day, or such amount as the probate judge may
allow for their services.
SECTION 2. That section 6045 is hereby repealed.

FREEMAN T. EAGLESON,
Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senatc.
Passed February 28, 1908.
Approved February 28, 1908.

ANDREW L. HARRIS,

Governor.

[Amended House Bill No. 931.]

AN ACT

To amend sections 1 and 2 of an act entitled, “An act to pre

vent the adulteration of vinegar,” passed April 14th, 1888. as amended, March 30th, 1896.

Sec. I.

Solids.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 1 and 2 of an act entitled, “An act to prevent the adulteration of vinegar," passed April 14th., 1888, as amended, March 30th, 1896, be amended so as to read as follows:

That no person shall manufacture for sale, offer, or expose for sale; sell or deliver, or have in his possession with intent to sell or deliver, any vinegar not in compliance with the provisions of this act. Any vinegar manufactured for sale, offered for sale, exposed for sale, sold or delivered, or in the possession of any person with

intent to sell or deliver, under the name of cider vinegar, Cider or or apple vinegar, or any compounding of the word "cider” apple vinegar.

or "apple” as the name or part of the name of any vinegar,

shall be the product made by the alcoholic and subsequent Shall contain acetous fermentations of the juice of apples, shall conno foreign

tain no foreign substance, drugs or acids, is laevo-rotatory, substance.

and shall contain not less than four (4) grams of acetic Acetic acid.

acid, not less than 1.6 grams of apple solids, of which not more than fifty (50) per cent. are reducing sugars, and not

less than twenty-five hundredths (0.25) grams of apple Apple ash.

ash in one hundred cubic centimeters (at a temperature of twenty [20] degrees centigrade); and the water-soluble ash from one hundred (100) cubic centimeters (at a temperature of twenty (20) degrees centigrade) of the vinegar shall contain not less than ten (10) milligrams of phosphoric

acid (P.0;), and which shall require not less than thirty Alkalinity. ( 30) cubic centimeters of decinormal acid to neutralize its

alkalinity.

(2). Any vinegar manufactured for sale, offered for sale, exposed for sale, sold or delivered or in the possession

of any person with intent to sell or deliver, under the name Wine or grape of wine vinegar, or grape vinegar, shall be the product vinegar.

made by the alcoholic and subsequent acetous fermentations of the juice of grapes, and shall contain, in one hundred

(100) cubic centimeters (at a temperature of twenty [20] Acetic acid. degrees centigrade), not less than four (4) grams of acetic Solids.

acid, not less than one (10) gram of grape solids, and not

less than thirteen hundredths (0.13) grams of grape ash. Grape ash,

(3). Any vinegar manufactured for sale, offered for sale, exposed for sale, sold or delivered or in the possession of any person with intent to sell or deliver, under the name

of malt vinegar shall be the product made by the alcoholic vinegar.

and subsequent acctous fermentations, without distillation, of an infusion of burley malt or cereals whose starch has been converted by malt, is clextro-rotatory, and shall contain in one hundred (100) cubic centimeters (at a tem

Malt

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