Itemized accoun't. children's homes, sanitariums, convents, orphan asylums or homes, county infirmaries, and all institutions for the care, cure, correction, reformation and protection of unfortunates, and all expense of maintaining horses and vehicles necessary to the proper administration of the duties of his office; but the county commissioners shall allow the sheriff his actual railroad fare and street car fare expended in serving civil processes and subpoenaing witnesses in civil and criminal cases. Every sheriff shall file under oath with the quarterly report herein provided for, a full, accurate and itemized account of all his actual and necessary expenses, including railroad fare and street car fare, mentioned in this section before the same shall be allowed by the county commissioners. SECTION 2. That section 19 of an act passed March 22, 1906, entitled, "An act to fix the salaries of probate judges, county auditors, county treasurers, county recorders, clerks of the court of common pleas and sheriffs, and to provide for the employment and compensation of their clerks, deputies and assistants," be and the same is hereby repealed. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, Passed April 7, 1908. ANDREW L. HARRIS, Governor. 43G. Public nuisance. [House Bill No. 699.] AN ACT To authorize the state board of health to require the purification of sewage and public water supplies and to protect streams against pollution. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. Whenever the council, or board of health of any city or village, or the commissioners of any county, or the trustees of any township make complaint in writing to the state board of health, setting forth that a city, or village or corporation or person is discharging or permitting to be discharged any sewage or other wastes into any stream, water course, lake or pond and is thereby creating a public nuisance detrimental to health or comfort, or is polluting the source of any public water supply. it shall be the duty of the state board of health to forthwith inquire into and investigate the conditions complained of: and whenever the state board of health finds after investi odors. gation that the source of public water supply of any city, Report of state board River on state boundary. Complaint of 10% of electors. SECTION 2. Whenever the board of health or health officer of any city or village, or ten per cent. of the electors thereof file with the state board of health a complaint in writing, setting forth that it is believed that the public water supply of such city or village is impure and dangerous to health, it shall be the duty of the state board of health to forthwith inquire into and investigate the conditions complained of; and whenever the state board of health finds after investigation, that the public water supply of any city or village is impure and dangerous to health and that it is not practicable to sufficiently improve the character of such supply by removing the source or sources of pollution affecting it, or if said board finds that such water supply is being rendered impure by reason of improper construction or inadequate size of existing water purification works, it shall notify such city, village, corporation or person owning Notice to be or operating such water supply of its findings and give them an opportunity to be heard, and after such hearing if the state board of health determines that improvements or changes are necessary and should be made, it shall report its findings to the governor and attorney general, and upon their approval said board shall notify such city, village, given. Order given by state board. State board may appoint competent person. Appeal. corporation or person owning or operating such water supply to change the source of supply or to install and place in operation water purification works or device satisfactory to said board, or to change or enlarge existing water purification works in a manner satisfactory to said board, within a time to be fixed by said board, which time shall be subject to the approval of the governor and attorney general. SECTION 3. Whenever the state board of health finds, upon investigation, that any water or sewage purification works, on account of incompetent supervision or inefficient operation, is not producing an effluent as pure as might reasonably be obtained from such plant, and by reason of which any public water supply has become dangerous to health, or any stream or body of water has become offensively polluted, or has become a public nuisance, said board shall issue an order to the officer, board or department of any. city or village, or the corporation or person having charge of or owning such plant, to secure an effluent as pure as might be reasonably expected from such plant and satisfactory to said board; and if such officer, board or department of any city or village, or such corporation or person fails, for a period of five days after receiving such order, to secure such an effluent, the state board of health shall report the fact to the governor and attorney general and upon their approval may order such officer, board or department, or owner of such plant, to appoint within ten days, and pay the salary of, a competent person, to be approved by said state board of health to take charge of and operate such works so as to secure the results demanded by the state board of health. SECTION 4. If in any case any order of the state board of health, when approved by the governor and attorney general, and made in pursuance to the provisions of this act, is not acceptable to any city, village, corporation or owner affected thereby, such city, village, corporation or owner shall have the right of appeal as follows, to-wit: The necessity for and reasonableness of such order may be submitted to two reputable and experienced sanitary engineers, one to be chosen by the city, village, corporation or owner to which such order of the state board of health applies and the other chosen by the state board of health, who shall not be regularly employed by said board, and who shall act as referee engineers. If the engineers so chosen are unable to agree then they shall choose a third engineer of like standing, and the vote of the majority shall Referee engi- be final and binding. The referee engineers. herein provided for, shall have power to affirm, modify, or reject, the order of the state board of health submitted to them, and their decision, as reported in writing to the governor and attorney general, which shall be rendered within a reasonable time, shall be accepted by the state board of health, and shall be enforced by said board in the manner provided for in this act. The fees and expenses of said neers. proportioned. referee engineers shall be equally divided between the city, Expense, how village, corporation or owner requesting such reference and the state board of health. Tax levies. SECTION 5. It shall be the duty of every such municipal council, department or officer having jurisdiction to provide for the raising of revenues by tax levies, sale of bonds, or otherwise to take all steps necessary to secure the funds for any such purpose or purposes; and when so secured, or the bonds thereof have been authorized by the proper municipal authority, the same shall be considered as in the treasury and appropriated for such particular purpose or purposes, and cannot be used for any other purpose; provided, that the bonds herein authorized to be issued for the purposes enumerated in this act shall not exceed five per cent. of the total value of all property in any city Bond limit, or village, as listed and assessed for taxation, which may be in addition to the total bonded indebtedness allowable under the provisions of section two thousand eight hundred and thirty-five of the Revised Statutes, but the question of the issuance of such bonds shall not be required to be submitted to a vote. 5%. SECTION 6. If any council, department or officer of Failure to any municipality, or person or private corporation, shall fail obey orders. or refuse for a period of thirty days after notice given him or them by the state board of health of its findings and the approval thereof by the governor and attorney general of the state of Ohio, to do and perform any act or acts required of him or them to be done and performed by this act, such members of council or department, and such officer or officers, or person or private corporation shall be and become personally liable for such default, and upon conviction thereof shall forfeit and pay to the state board of health five hundred dollars to be deposited with the state treasurer to the credit of said board; provided, however, that the governor and attorney general, upon good cause shown, may, in their discretion, remit said penalty, or any part thereof. Personal liability. collected. SECTION 7. An action may be begun for the recovery Penalty, how of any such penalty by the prosecuting attorney of any county in the name of the state of Ohio in the court of common pleas of such county having jurisdiction of any such party or parties; or it may be begun by the attorney general in any such county or in the county of Franklin, as provided for by sections 210 and 211 of the Revised Statutes of Ohio. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed April 7, 1908. Approved April 8, 1908. ANDREW L. HARRIS. Governor. Bills of exceptions. Exceptions must be made, when. Grounds of objection in entry. Non-suit or new trial. Incorrect bill. Fees. [House Bill No. 734.] AN ACT To amend section 6565 of the Revised Statutes of Ohio, relating to bills of exceptions on trials before justices, mayor or police judge. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 6565 of the Revised Statutes of Ohio, be amended so as to read as follows: Sec. 6565. In all cases before a justice of the peace, mayor or police judge, whether tried by jury or the justice, mayor or police judge, either party shall have the right to except to the decisions of the justice, mayor or police judge, upon any matters of law arising in the case. The party objecting to the decision must except at the time the decision is made, and on application made then or immediately after the overruling of a motion for a new trial, decision rendered or sentence pronounced time shall be given to reduce the exceptions to writing, but not more than ten days nor less than five days beyond the date of overruling the motion for a new trial, if such motion be made, or from the date on which the decision or sentence of the justice, mayor or police judge, is rendered; when the decision objected to is entered or pronounced on the record and the grounds of the objection appear in the entry, the exception may be taken by the party causing to be noted at the end of the entry, that he excepts, but when the decision is not entered on the record or the grounds of the objection do not sufficiently appear in the entry, or exception is to the decision of the court on a motion to direct a nonsuit, or to arrest the testimony from the jury, or for a new trial, because the verdici, or if. a jury is waived the finding of the court is against the law and the evidence, or on the admission or rejection of evidence, the party excepting must reduce this exception to writing, and present the same to the trial justice, mayor or police judge, or his successor, within the time herein limited, and if such bill of exceptions be not correct he shall make the necessary corrections therein within three days after it is so presented, and when correct shall sign the bill of exceptions and file the same with the papers in the case, and note such signing and filing in his docket, and transmit the same with the transcript of his docket and original papers, within ten days of the date of such signing, to the clerk of the court of common pleas and by him filed and entered upon his trial docket as in other cases. The party demanding such transcript shall, if required, pay the fees of the justice, mayor or police judge, therefor in advance.. |