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Offenses against public policy:

Manufacturing, storing and transporting nitro-glycerine.

Repeals.

[Senate Bill No. 169.]

AN ACT

To amend section 6953 of the Revised Statutes of the state of Ohio.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 6953, passed May 1st 1871, be so amended to read as follows:

Sec. 6953. It shall be unlawful for any person, firm or corporation, to manufacture the substance or material known as nitroglycerine, or any compound thereof, or to store the same in quantities exceeding one hundred pounds, within the limits of any municipal corporation, or within eighty rods of any occupied dwelling or public building, or without giving bond as hereinafter provided to pay any damage caused by the explosion of said substance. Within thirty days after the passage of this act, any and all persons, firms or corporations heretofore engaged in the manufacture or storage of said substance, in any county in this state, and all persons, firms or corporations hereafter engaging in such manufacture or storage, shall give bond in the sum of five thousand dollars, with good and sufficient surety, to the county commissioners of such county, with such surety or sureties as shall be approved by such county commissioners, conditioned for the payment of all damages that may be caused to persons or property by any explosion of any of said substance. And it shall be unlawful for any person, firm or corporation to transport or carry said substance in any packagè not having written or printed upon two sides thereof, in plain and distinct letters, the words "nitro-glycerine-dangerous," or in any vehicle or watercraft upon which any passenger is, at the same time being conveyed, or in any vehicle upon the two sides and rear end of which there shall not have been printed, in plain and distinct letters, large enough to occupy a space two inches wide by eighteen inches long, the words "nitro-glycerinedangerous." And anyone convicted of a violation of this section, either as principal or servant, agent or officer of such person, firm or corporation, shall be fined not more than one thousand dollars, or imprisoned not more than three months, or both.

SECTION 2.

1871, be and the

That said section 6953, passed May 1st, same is hereby repealed.

SECTION 3. This act shall take effect and be in force

from and after its passage.

A. G. REYNOLDS,

Speaker of the House of Representatives.

Passed April 16, 1900.

JNO. A. CALDWELL,

President of the Senate. 187G.

[Senate Bill No. 240.]

AN ACT

To amend section 3337-18 Revised Statutes of Ohio.

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

SECTION 1. That section 3337-18 of the Revised Stat- Railroad comutes of Ohio be amended so as to read as follows:

panies:

Required height

of bridges, etc., over railroad

tracks.

(3337-18) Sec. 1. All bridges, viaducts, overhead roadways or foot-bridges, wire or other structure hereafter constructed over the track or tracks of any railroad or railroads within the state of Ohio, by any county, municipality, township, railroad company, or other private corporation or person shall be of such height as to be not less than twenty-one feet in the clear from the top of the rails of said track or tracks, to said wire and other structure or to the bottom of the lowest sill, girder or cross-beam, and the lowest downward projection on such bridge, viaduct, overhead roadway or foot-bridge, except in cases where the commissioner of railroads and telegraphs shall find such construction is impracticable, and in every such case said commissioner shall file. a written statement in his office setting forth the facts relied upon by him in making such finding. But this provision shall not apply to any main track. Provided, that where any bridge, viaduct, overhead roadway or foot-bridge over a railroad track or tracks is rebuilt, it shall be brought under the provisions of this act, and in such case, if said structure is at, or in line of, a public street or highway, and is thus erected above the grade of any such street or highway and any cross-street or streets, the cost of making such street or streets or highway or highways conform to such new grade, and all damages to owners of property abutting on such street or streets, highway or highways, because of such change of grade, shall be ascertained and determined, and paid as follows: Said or any railroad company or its assigns Cost. shall pay all costs or damages resulting as aforesaid, from the raising or building of any of its bridges or structures, as aforesaid, in the line of any street or highway at a greater height than before the passage hereof; and if such company is only part owner of any such structure it shall pay its proportionate share of the cost of such change of grade and damages. Should a railroad company, or its assigns, raise the grade of its track or tracks under any of said structures not owned by it after the passage of this act, thereby causing any said bridge or structure to be put at a higher grade when rebuilt, said company shall pay all costs and damages as aforesaid made necessary thereby.

SECTION 2. That said section 3337-18 of the Revised Repeals. Statutes of Ohio be and the same is hereby repealed.

SECTION 3. This act shall take effect and be in force

from and after its passage. A. G. REYNOLDS,

Speaker of the House of Representatives.

Passed April 16, 1900.

JNO. A. CALDWELL,

President of the Senate.
188G.

Canal commissioners; appointment.

[Senate Bill No. 219.]

AN ACT

Supplementary to an act entitled "An act to provide for a commission to establish the boundaries and lines of the canals, canal basins, reservoirs, etc., of the state by an accurate survey by metes and bounds, together with maps and plats of the same, and to define and protect the ownership and titles of the state in and to all lands belonging to and connected with said canals." Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That the term of office of the commission appointed by the authority of an act entitled "An act supplementary to an act entitled 'An act to provide for a commission to establish the boundaries and lines of the canals, canal basins, reservoirs, etc., of the state by an accurate survey by metes and bounds, together with maps and plats of the same, and to define and protect the ownership and titles of the state in and to all lands belonging to and connected with said canals,"" passed April 26, 1898, having expired by limitation, and the work assigned to said commission not having been completed, the governor is hereby authorized to appoint by and with the advice and consent of the senate, two canal commissioners, who shall complete, in the manner therein provided, the work prescribed in the act entitled "An act to provide for a commission to establish the boundaries and lines of canals, canal basins, reservoirs, etc., of the state by an accurate survey by metes and bounds, together with maps and plats of the same, and to define and protect the ownership and titles of the state in and to all lands belonging to and connected with said canals," passed March 28, 1888 (O. L., vol. 85, page 127), and the act amendatory thereof, passed April 12, 1889 (O. L., vol. 86, page 270), and the act supplementary thereto (to which this act is supplementary), passed April 18, 1890 (O. L., vol. 87, page 219), and the act amendatory of the act of April 12, 1889, above named, passed May 1, 1891 (O. L., vol. 88, page 507), and the act enlarging the duties of the canal commission, passed April 23, 1891 (O. L., vol. 88, page 338), and any other act amendatory of or supplementary to the above-named acts, and for such purposes the canal commissioners created by this act shall exercise the powers and perform the duties conferred and imposed upon the canal commission, or any member thereof, by the above-named acts, or either of them, or by any existing law. The term of office of such canal commissioners shall be two years, unless sooner removed by the governor, who is authorized to fill any vacancy occurring in the office. Oath; bond and The said canal commissioners, after appointment, shall each take an oath of office and give bond in the sum of ten thousand dollars, conditional for the faithful discharge of his duties, and shall each receive the sum of fifteen hundred dollars per annum and necessary expenses in the prosecution of his duties, to be paid as the compensation and expenses of the canal commission. of which such canal com

Powers and

duties of commissioners.

Term of office; vacancy.

compensation.

missioners will be the successors, as now required by law

to be paid.

SECTION 2. This act shall take effect and be in force from and after its passage.

A. G. REYNOLDS,

Speaker of the House of Representatives.

JNO. A. CALDWELL,

Passed April 16, 1900..

President of the Senate.
189G

[Senate Bill No. 49.]

AN ACT

To amend supplemental section 2745a of the Revised Statutes of
Ohio, as passed May 1, 1891 (88 v. O. L., 487).

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

SECTION 1. That section 2745a of the Revised Stat- Insurance comutes of Ohio be amended so as to read as follows:

Sec. 2745a. It shall be unlawful for any insurance company or agent legally authorized to transact insurance business in the state of Ohio to write, place or cause to be written or placed, any policy, renewal of policy, contract for insurance upon property situated or located in the state of Ohio, except through a legally authorized agent in the state of Ohio, who shall countersign all policies so issued and enter the payment of the premium upon his record, and the writing, renewal, placing or causing to be written or placed any policy of insurance in any other manner or form is hereby declared to be a violation of the law providing for the payment of taxes by foreign insurance companies doing business in the state of Ohio, as set out and provided in section 2745 of an act passed by the General Assembly of the state of Ohio, April 12, 1889 (88 v. 487). And no fire insurance company or association authorized to do business in this state shall reinsure, dispose of, cede, pool, divide or in any manner or form whatsoever, reduce any portion of its risk or liability, covering property located in whole or in part in this state, in or with any company, association, person or persons whatever, incorporated or otherwise, not authorized by law to do the business of fire insurance in this state, or to reinsure, or assume as a reinsuring company or otherwise, in any manner or form whatsoever, the whole or any part of any risk or liability, covering property located in whole or in part in this state, of or for any insurance company, association, person or persons, incorporated or otherwise, not authorized by law to do the business of fire insurance in this state. It shall be the duty of the superintendent of insurance of this state annually, and at such times as he may see fit, to require the president or other chief officer of each company

panies:

Insurance policy on Ohio be placed in

property not to

agency outside

of state.

Reinsuring, ceding, pooling or dividing risk with unauthorized foreign company forbidden.

Annual report officer of comciation.

required of chief

pany, or asso

Repeals.

or association, to file a statement under oath, showing the names of each fire insurance company, or association, with whom or for whom any liability for insurance on property located in whole or in part in this state has been reinsured, disposed of, ceded, pooled, divided, or in any manner or form whatsoever reduced or increased.

SECTION 2. That section 2745a of the Revised Statutes of Ohio, as passed May 1, 1891, be and the same is

hereby repealed.

SECTION 3. This act shall take effect and be in force

from and after its passage.

A. G. REYNOLDS,

Speaker of the House of Representatives.

JNO. A. CALDWELL,

Passed April 16, 1900.

President of the Senate. 190G

Supervisors and road work:

Destruction of brush, briers, ,weeds, etc., on highways.

[House Bill No. 24.]

AN ACT

To amend section 4730 of the Revised Statutes of Ohio, as amended
March 15, 1898.

Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 4730 of the Revised Statutes
of Ohio be amended so as to read as follows:

Sec. 4730. The superintendent of any improved or macadamized road, supervisor of county and township roads, or street commissioner of any city or village, shall, between the 1st and 20th days of June, and between the 1st and 20th days of August, and if necessary, between the 1st and 20th days of September of each year, cut and burn or destroy, or cause the same to be done, all brush, brier, burrs, Russian and Canada or common thistle, or other noxious weeds growing or being within the limits of any county or township road, improved or macadamized road, street or alley within his jurisdiction; such supervisor or superintendent shall be allowed not to exceed $1.50 per day, for all necessary labor done in the performance of said work, to be allowed by the trustees and paid by the treasurer of the township out of the road fund, or general fund, but a street commissioner shall be allowed and paid, for any such services performed by him, by the Owner or tenant proper municipal authorities; the supervisor or superin

Compensation.

may perform labor; compensa

tion.

tendent of any such roads shall allow any land owner or tenant to cut and destroy any such brush, briers, burrs, thistles or other noxious weeds, growing or being on such roads along the lands abutting on such roads owned or occupied by such land owner or tenant, but before the

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