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SECTION 2. That said section 6835 be, and the 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is hereby repealed.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. 63G.

[House Bill No. 1039.]
AN ACT

To amend sections 1, 2 and 3 of an act entitled, “An act authorizing the burial of honorably discharged ex-Union soldiers who served in the War of the Rebellion of 1861 to 1865,” as amended April 16th, 1900, to provide an increased fund for burial of indigent soldiers.

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

SECTION I. That sections I, 2 and 3 of an act entitled, “An act authorizing the burial of honorably discharged ex-Union soldiers who served in the War of the Rebellion of 1861 to 1865,” as amended April 16th, 1900, be and the same is hereby amended so as to read as follows: Sec. I. That it shall be the duty of the county commissioners of each county in the state to appoint two suitable persons in each township and ward in their respective counties, other than those prescribed by law for the care of paupers and the custody of criminals, whose duty it shall be to contract with the undertaker selected by the friends of any of the persons hereinafter mentioned, and cause to be interred, in a decent and respectable manner, in any cemetery or burial ground within the state, other than those used exclusively for the burial of paupers and criminals, the body of any honorably discharged soldier, sailor or marine having at any time served in the army or navy of the United States, or the mother, wife or widow of any such soldier, sailor or marine, or any army nurse who did service at any time in the army of the United States, who shall hereafter die, not having the means to defray the necessary funeral expenses, at a cost not to exceed seventyfive dollars. The committee so appointed shall use certain forms of contracts herein prescribed and hereafter described, and abide by the regulations provided by this act. Such committee so appointed shall hold their appointment so long as they serve to the satisfaction of the county commissioners. Whenever a vacancy occurs in such committee said commissioners shall appoint a suitable person or persons to fill such vacancy. The members of said committee shall re

Duties of County Commissioners.

|Undertaker, how Selected.

Mother, Wife Or widow.

Maximum
cost.

Forms of
Contracts.

Vacancies
filled, how,

Compensation.

Duties of appointees.

Report to commissioners.

Iternized statement.

Undertakers' blanks.

ceive one dollar each from the general fund of said county for each service so performed. It shall be the duty of said committee to see that undertakers furnish all items specified in contract, and that in no case where the benefits of this act are claimed shall the entire cost of said funeral exceed the amount herein agreed upon.

Sec. 2. It shall be the duty of the persons appointed in the foregoing section, before they assume the charge and expense of any such burial, to first satisfy themselves beyond a reasonable doubt, by careful inquiry, that the family of such soldier, sailor, marine, wife, widow, mother, dependent father, or army nurse, as before mentioned, is unable, for want of means, to defray the expenses, or that the family may be deprived of means actually necessary for their immediate support. Whereupon they shall cause to be buried such soldier, sailor or marine, wife, widow, mother, or army nurse, as provided in section I of this act; and they shall also report the same to the county commissioners of their county, setting forth the fact that they found the family of such deceased person in indigent circumstances, and unable to pay the expenses of burial, together with the name, rank and command to which he belonged is a soldier or sailor, the date of death, place where buried, occupation while living, also an accurate itemized statement of the expenses incurred by reason of said burial. Trovided, however, that in any county in this state, where there is a home for indigent mothers, wives or widows of soldiers, or for army nurses, upon the death of any inmate of such home, the matron of such home may upon certificate, signed by the attending physician of said home, certify to the death of said inmate to the commissioners of the county from which the mother, wife, widow or army nurse was admitted to said home, and said commissioners shall proceed as provided in section 3 of this act. The undertaker so employed to perform such service herein described shall use blanks herein provided, specifying what he is to furnish for such service, signing the contract and leaving a copy with the committee with whom he makes his contract to read as follows:

". . . . . . . . . . . . . . . . . . . . . . . . . , undertaker, residing at - - - - - - - - - - - - - - - - - - - - hereby agree to furnish the following items for the burial of . . . . . . . . . . . . . . . . . . . . . . . . , who resided at . . . . . . . . . . . . . . . . . . . . , and died . . . . . . . . . . . . .

10..., namely: One casket nicely covered with a good quality of black cloth, lined with good quality of white satin, or other material of good quality and trimmed outside with six handles of a fair quality in keeping with the casket: one burial robe of good quality of material; one plain box for receiving the coffin inside the grave: to pay for digging the grave, in the place designated by the friends of the deceased, or otherwise provided, and fill up the grave in a proper manner; to furnish respectable hearse for conveying the remains to the place of burial; to prepare the

body for burial when so requested; to furnish two carriages
of four passenger capacity each for use of the friends, and
one carriage of six passenger capacity for the pallbearers,
returning the same people to their respective homes or to
the place where the funeral services were held. In fact, to
furnish a decent, respectable funeral, for the sum of . . . . . .
dollars.
The undertaker must present his itemized bill and con-
tract to the county auditor, using only blanks herein de-
scribed, making oath that he has honestly and faithfully
performed his contract, and that the bill and contract at-
tached herewith presented is a true copy of the one left
with the parties who engaged his services, and covers the
entire expense of said funeral, before he can obtain his
warrant. County auditors are hereby authorized by this
act to have printed necessary blanks herein described, and
distribute the same to clerks of townships in their counties
from whom undertakers can procure them, or at the county
auditor's office, If, by reason of donations of carriages,
owning of cemetery lot, or other items mentioned in the
bill of particulars, a saving of money is effected, the amount
of such saving shall go to the families of the deceased, or
those who may have cared for the deceased in life, or re-
main in the general fund of the county, at the discretion
of the committee. Should it appear that a life insurance,
or any fraternity funds should be coming to the family of
the deceased, the committee shall withhold their signatures
to the contract until such matters are definitely settled.
Sec. 3. It shall be the duty of the county commis-
sioners upon securing the report and statement of the
cxpenses provided for in section 2 of this act, to transcribe
in a book to be kept for that purpose, all the facts con-
tained in such report, concerning such deceased soldier, etc.,
shall certify to the expenses thus incurred, to the county
auditor, who shall draw his warrant for the same, payable
to the person or persons designated by the county com-
missioners, upon the county treasurer, to be paid out of
the county fund of said county. It shall be the duty of
the county commissioners, upon the death and burial of any
such soldier, sailor, or marine, etc., residing within their
county at the time of death, to make application to the
proper authorities, under the United States government, for
a suitable headstone as provided by act of congress, and
cause the same to be placed at the graves of deceased
soldiers, sailors, or marines.
SECTION 2. That said sections I, 2, and 3 be and the
same are 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,
64G. Governor.

Itemized
bill, presented
Where.

Distribution of blanks by auditors.

Discretion of committee.

Life insuran Ce.

Book to be kept by commissioners.

Headstone.

Township
Bonds.

Not to exceed $100,000.00.

Sold to highest bidder.

[House Bill No. 1060.]
AN ACT
To amend section 17 of an act entitled, “An act to authorize the
improvement of public roads of townships including streets

O. cities or villages,” passed April 22, 1904, relating to the issuing of bonds.

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

SECTION I. That section 17 of an act entitled, “An act to authorize the improvement of public roads of townships including streets of cities or villages” be amended so as to read as follows:

Sec. 17. For the purpose of providing the money necessary to meet the expenses of improving such roads and streets the trustees of any township may, if in their opinion it be advisable, issue the bonds of the township, payable at such times as they may determine, not exceeding thirty years, in the sum of five hundred dollars each, bearing interest at a rate not to exceed five per centum per annum, payable semi-annually; and such bonds shall not be sold for less than their par value, and accrued interest, and the aggregate amount of the bonds of any township, at any one time outstanding, shall not exceed one hundred thousand dollars. The saie of such bonds shall be advertised for at least thirty days and the same sold to the highest bidder, at the office of the trustees of such township.

SECTION 2. That section 17 of an act entitled, “An act to authorize the improvement of public roads of townships including streets of cities or villages” be and the same is hereby repealed.

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

JAMES M. WILLIAMS,
President of the Sengte.
Passed April 9, 1908.
Approved April 10, 1908.
ANDREW L. HARRIS,
Governor.
65G.

[Senate Bill No. 347.]
AN ACT

To amend section 3439 of the Revised Statutes of Ohio and Section 30 of the Municipal Code of 1902 in relation to the written consent of property owners to the construction of street railway tracks.

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

SECTION I. That section 3439 of the Revised Statutes of Ohio and section 30 of the Municipal Code of 1902 be amended so as to read as follows:

[graphic]

Sec. 3439. No such grant shall be made until there is produced to council, or the commissioners, as the case may be, the written consent of the owners of more than one-half of the feet front of the lots and lands abutting on the street or public way, along which it is proposed to construct such railway or extension thereof; and the provisions of sections two thousand five hundred and one and of two thousand five hundred and three to two thousand five hundred and five, inclusive, so far as they are applicable, shall be observed in all respects, whether the railway proposed is an extension of an old or the granting of a new route; provided, however, that when such grant is made by the council of a municipal corporation for the construction of a street railway, either as a new route or as an extension of an existing route, on and along any part of any street or public way upon which a street railway has been operated within one year preceding under a grant or renewal of a grant which has expired or will expire within two years, it shall not be necessary to produce to such council any written consents from the owners of the lots and land abutting on such part of any street or public way; provided the number of tracks on any street, public way or part thereof is not increased beyond the number for which consents were originally obtained.

Sec. 30. Nothing mentioned in section 250I of the Revised Statutes of Ohio shall be done; no ordinance or resolution to establish or define a street railroad route shall be passed, and no action inviting proposals to construct and operate such railroad shall be taken by the council; and no ordinance for the purpose specified in section 25OI of the |Revised Statutes of Ohio shall be passed until public notice of the application therefor has been given by the clerk of the corporation once a week, for the period of at least three consecutive weeks in one or more of the daily papers, if there be such, and if not, then in one or more weekly papers published in the corporation; and no such grant as mentioned in section 2501 of the Revised Statutes of Ohio shall be made, except to the corporation, individual or individuals, that will agree to carry passengers upon such proposed railroad at the lowest rates of fare, and shall have previously obtained the written consent of a majority of the property holders upon each street or part thereof, on the line of the proposed street railroad, represented by the feet front of the property abutting on the several streets along which such road is proposed to be constructed; provided, however, that when within the year preceding there shall have been operated a street railway upon such street or part thereof, under a grant or renewal of a grant which has expired or will expire within two years, it shall not be necessary to obtain the consent of the property holders abutting thereon ; provided the number of tracks on any street, public way or part thereof is not increased beyond the number for which consents were originally obtained ; and provided, further, that no grant nor renewal of any grant for the construction

Written conSent of OWners Of Over Onehalf of abutting property.

Street Rail-
Way.

Exception; no
Written con-
Sent re-
Cluired.

Public notice of application.

Lowest rates.

No consent required.

Number of tracks not to be increased.

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