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Publication.

Claims for damages.

in which such street or alley is to be vacated or established in the manner provided by law for service of summons, and shall be given by publication in some newspaper of general circulation in the county in which such street or alley is located for four consecutive weeks, on the same day of the week, and the cause may be heard and determined at any time after the expiration of ten days from the date of last publication; and if any person, other than the petitioner, owning a lot in the immediate vicinity of such street or alley prayed to be vacated or established, claims that he will sustain damage thereby, the court may proceed to hear proof in reference thereto and may render judgment against the petitioners for such damages as it may think just

, and the same shall be assessed by the court against the petitioners ratably, according to the value of the property owned by them, as the same stands taxed on the tax list of the county; and a jury may be demanded as in other cases; and when necessary, the court shall appoint a guardian adlitem for all minors or persons of unsound mind who may be interested in the premises.

SECTION 2. That said section 2656 of the Revised Statutes is hereby repealed.

JOSEPH D. CHAMBERLAIN, Speaker pro tom. of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed April 9, 1908.
Approved April 10, 1908.

ANDREW L. HARRIS,

Jury.

Governor.

59G.

Ilouse Bill No. 961.]

AN ACT

To create an oflice for the auditing and collecting of soldiers'

claims, and for the relief of Ohio soldiers.

Collecting Ohio soldiers' claims.

Bei nusted by the General Assembly of the State of Ohio:

SECTION 1. That for the purpose of preparing and collecting the claims of Ohio soldiers, sailors and marines and their legal representatives, against the government of the lnited States, growing out of military or naval services, and for the protection and relief of Ohio soldiers, whether in service or clischarged, there be and is hereby established, at the seat of government of the state “A Department of Ohio Soldiers' Claims." SECTION 2.

The chief of said office shall be styled the "commissioner of solliers' claims," and shall be appointed by the governor, with the advice and consent of the senate, and shall hold his office for the term of two years, and until

Commissioner, appointment of

Bond, where

Duties of

his successor is appointed and qualified, subject to removal by the governor. He shall give bond to the acceptance of the governor in the sum of ten thousand dollars, payable to the state of Ohio, conditioned for the paying over according to law all moneys which may come into his hands by virtue of his office which bond shall be deposited with the deposited. treasurer of state. That said commissioner shall receive a salary of two thousand five hundred dollars per annum, be furnished with a suitable office, and may appoint such clerical assistance as may be approved by the governor, and shall receive from the secretary of state all necessary stationery. It shall be the duty of said commissioner, on de- commissioner. mand, to furnish and give all instructions and advice, to the soldiers, sailors and marines of Ohio, or their heirs or legal representatives, respecting the claims of such soldiers, sailors and marines, against the United States, for pensions, bounty, back pay or otherwise, by reason of military or naval service, and to collect such claims. He shall furnish blanks, prepare applications and give full instructions to soldiers, sailors and marines, or their heirs for the following purposes: Applications for admission to State and National Military Homes for disabled soldiers, sailors and marines, Home for Soldiers, their Wives, Widows, Mothers and Army Nurses at Madison, Ohio, So!diers' and Sailors' Orphans' Home, Xenia, Ohio, and shall, on request, furnish the Soldiers' Relief Commission of the several counties of the state, copies of the state laws, relating to the Soldiers' Relief and Burial Fund.

For the purpose of assisting soldiers in prosecuting claims, who are in hospitals or totally disabled, he shall visit oficial visits. officially the State Soldiers' Home at Sandusky, Ohio, and the National Military Home at Dayton, Ohio, at least once every three months, and at the discretion of the governor, he shall visit officially the several government departments at Washington, D. C., and examine personally evidence filed in rejected and other claims as may seem for the best interest of claimants, and perform all other duties which the governor may require of him, appertaining to the duties of said office.

He shall keep correct accounts showing all moneys received, from whom and when, and when paid out. He shall keep a register showing the situation and disposition of each claim, and his books shall at all times be open to inspection. If any such commissioner or clerk shall receive any fee or reward of any kind, directly or indirectly, from any claimant or other person, for services rendered or to be rendered, relating to any duty required of him under this act, or in any manner connected therewith, he shall be deemed guilty of a misdemeanor, and be fined in any sum

Misdemeanor. not exceeding five hundred dollars, or be confined in the Penalty. jail of the county not exceeding thirty days, or both, at the discretion of the court. All prosecutions under this act shall be by indictment in the court of common pleas of the

Accounts to be kept.

Seal.

Duties of as-
SeSSOrs.

Report, what to contain.

Duty of auditor.

Alphabetical list.

proper county. The said commissioner shall have the
power to administer oaths and affirmations; he shall keep
a Seal of office, and his official certificate shall be received
in evidence without further authentication.
SECTION 3. That an act entitled “An act to create an
Office for the auditing and collecting of soldiers’ claims, and
for the relief of Ohio Soldiers,” passed April 14, 1900,
hereby is repealed.
JOSEPH D. CHAMBERLAIN,
Speaker pro tem. of the House of Representatives.

JAMES M. WILLIAMS,
President of the Senate.
Passed April 9, 1908.
Approved April IO, IQ08.
ANDREW L. HARRIs,
Governor.

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To provide that assessors shall collect names and postoffice addresses of soldiers of Mexican War, War of the Rebellion and Spanish-American War,

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

SECTION I. The assessor in each township as township assessor of his township, and each city or ward, or precinct assessor, as assessor of his ward or precinct, shall make and deliver to the county auditor of their respective counties, at the time of making their annual assessment in the year, 1908, a corrected list of all persons who served in the United States army, navy or marine corps during the Mexican War, the War of the Rebellion and SpanishAmerican War, and the Philippine insurrection, designating the rank, company, regiment, battery or vessel in which they served and their present residence, town and county, which several lists shall be returned with assessor's books to the county auditor, who shall, on or before the first day of September, 1908, certify to the commissioner of soldiers' claims a true copy of said lists, alphabetically arranged.

SECTION 2. The commissioner of soldiers' claims, on receipt of said lists from the county auditors, shall proceed to consolidate said lists alpnabetically, and shall keep said list upon file in his office. The county auditor of each county shall furnish the assessors of his county such blanks as may be necessary for taking the aforesaid statement. Any county auditor, township assessor, city or ward assessor, who shall fail or refuse to perform any of the duties required of him by this act, shall be deemed guilty of

a misdemeanor, and upon conviction shall be fined in a sum

Misdemeanor. not less than five dollars ($5.00) nor more than one hun- Penalty. dred dollars ($100.00) for each and every offense.

SECTION 3. The act entitled, “An act to provide for the publication of names of ex-soldiers, sailors and marines residing in Ohio," passed May 4, 1894, as amended, is hereby repealed.

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

JAMES M. WILLIAMS,

President of the Senate.
Passed April 9, 1908.
Approved April 10, 1908.

ANDREW L. HARRIS,

Governor. 61G.

[House Bill No. 1004.]

AN ACT

To amend section 1 of an act entitled, “An act to enable asso

ciations to convey to township trustees public burying
grounds,” passed April 21, 1898, where the title has been
conveyed to a church.

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

SECTION 1. That section 1 of an act entitled, "An act to enable associations to convey to township trustees public burying grounds,” passed April 21, 1898, be amended so as to read as follows:

Sec. I. That whenever any public burying ground is located in any township and not under the control of any municipal corporation, the title or control of which is vested in any association or trustees thereof, or where the title has been conveyed to a church or the trustees thereof for the erection of a church or other church q'urposes and the same has also been used for cemetery purposes, for twentyone years or more, but has ceased to be used for church purposes, such association, church, or the trustees thereof may convey the same to the trustees of such township and their successors in office; and the trustees of such town- Conveyance ship shall accept the same and take possession thereof, and to township take care of and keep the same in repair, and hold, treat and manage the same in all respects as required by the stat- Duties of ute relating to public burying grounds in and belonging to such township, subject however, to any rights of the original grantor, his heirs or assigns.

SECTION 2. That section I of an act entitled, “An act 7-G. & L. A.

trustees.

Inhabited dwelling.

Penalty.

Uninhabited dwelling.

Penalty.

Burglars' tools.

Penalty.

to enable associations to convey to township trustees pub-
lic burying grounds,” passed April 21, 1898, be and same
is hereby repealed.
FREEMAN T. EAGLESON,
Speaker of the House of Representatives.

JAMEs M. WILLIAMS,
President of the Senate.

Passed April 9, 1908.
Approved April IO, 1908.
ANDREW L. HARRIS,
Governor.
62G.

[House Bill No. 1027.]

AN ACT

To amend section 6835 of the Revised Statutes, defining the crime of burglary, and fixing the penalty therefor.

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

SECTION I. That section 6835 of the Revised Stat•utes, be amended to read as follows:

Sec. 6835. Whoever in the night season maliciously and forcibly breaks and enters any inhabited dwelling house with intent to commit a felony, or with intent to steal property of any value, shall be imprisoned in the penitentiary during life; but upon recommendation of mercy by the jury shall be imprisoned not more than thirty years nor less than five years; and whoever in the night season maliciously and forcibly breaks and enters, or attempts to break and enter, any uninhabited dwelling house, or any kitchen, smoke-house, shop, office, storehouse, warehouse, malthouse, stillhouse, mill, pottery, factory, water craft, schoolhouse, church, or meeting house, barn or stable, railroad car, car factory, station house, hall or any other building, or attempts to break and enter any uninhabitated dwelling house with intent to steal property of any value, or with intent to commit a felony, shall be imprisoned in the penitentiary not more than fifteen years, nor less than one year; and if any person shall have, or keep in his possession any tools, implements, or any other things used by burglars for house breaking, forcing doors, windows, locks, or buildings, or other places where goods, wares, merchandise, or money is kept with the intention of using such tools or implements burglariously, shall be imprisoned in the penitentiary not more than five years nor less than one year.

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