after in the same manner as provided for in this act in cases where the hearing had been had before the trustees, as provided for in this act. by supervi Sec. 7. If any landowner, corporate road, railroad, township or county, notified to clean out the ditch or water course under the provisions of this act, shall neglect or refuse to comply with same within thirty days, the ditch supervisor shall, after giving ten (10) days' notice by posting notices in three conspicuous places in said township, sell the work of cleaning said section or sections to the Sale of work lowest responsible bidder, and take a bond as provided in sor. section six (6) and certify the cost thereof to the county auditor, as provided in section six (6) of this act. And the ditch supervisor shall certify the amount due the contractor, or contractors, for the work done, according to the provisions of this act, to the township trustees, who shall order the same paid out of the township ditch fund. ditches. Sec. II. Where any county or township ditch, or any part thereof, has been tiled, or may hereafter be tiled, said Tiled ditch, shall be subject to the provisions of this act. If in the judgment of the township ditch supervisor, said tile is small and insufficient to provide the necessary drainage, the surface ditch shall be kept open by the provisions of this act. SECTION 2. That sections 3, 7 and II be and the same are hereby repealed. Speaker of the House of Representatives. FREEMAN T. EAGLESON, To amend section 1 of an act entitled, "An act to regulate the sale of milk," passed April 10, 1889, to prohibit the use of wet distillery waste in the feeding of cows. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section of an act entitled, “An act to regulate the sale of milk," passed April 10, 1889, be amended so as to read as follows: Sec. I. That whoever by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges or delivers, or has in his custody or possession with intent to sell or exchange or exposes or offers for sale Distillery waste. Penalty. or exchange adulterated milk, or milk to which water or any foreign substance has been added, or milk from cows fed on wet distillery waste, or starch waste, or from cows kept in a dairy or place which has been declared to be in an unclean or unsanitary condition by certificate of any duly constituted board of health or duly qualified health officer, within the county in which said dairy is located, or from diseased or sick cows, shall for a first offense, be punished by a fine of not less than fifty nor more than two hundred dollars; for a second offense, by a fine of not less than one hundred dollars nor more than three hundred dollars, or by imprisonment in the jail or workhouse for not less than thirty nor more than sixty days; and for a subsequent offense, by fine of fifty dollars, and by imprisonment in the jail or workhouse for not less than sixty nor more than ninety days. SECTION 2. That section 1 of an act entitled, “An act to regulate the sale of milk," passed April 10, 1889, be, and the same is hereby repealed. SECTION 3. This act shall take effect and be in force from and after May 1st, 1908. Examiners, compensation of. [Senate Bill No. 415.] AN ACT To amend section 4075 of the Revised Statutes of Ohio relative to compensation of county school examiners. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That section 4075 of the Revised Statutes of Ohio be amended so as to read as follows: I. Sec. 4075. Each member of the county board of school examiners shall be entitled to receive ten dollars for each examination of fifty applicants or less, fourteen dollars for each examination of more than fifty applicants and less than one hundred, eighteen dollars for each examination of one hundred applicants and less than one hundred and fifty, twenty-two dollars for each examination of one hundred and fifty applicants and less than two hundred, and four dollars for each additional fifty applicants, or fraction thereof, to be paid out of the county treasury on the order of the county auditor; all books, blanks and stationery re etc., how quired by the board shall be furnished by the county audi- Stationery. tor; the board may contract for the use of suitable rooms furnished. in which to conduct the examination, for the printing of examination questions, may procure fuel and light, and employ janitors, to take charge of the rooms and keep them in order, and the expenses so incurred, together with the cost of advertising required by section forty hundred and seventy-one, shall be paid out of the county treasury on orders of the county auditor, who shall issue such orders upon the certificate of the president of the board, countersigned by the clerk. SECTION 2. Said section 4075 be and the same is hereby repealed. Speaker of the House of Representatives. FREEMAN T. EAGLESON, To amend sections 6343 and 6344 of the Revised Statutes of Ohio relating to the transfer of stocks of merchandise other than in the usual course of trade. Be it enacted by the General Assembly of the State of Ohio: Sec. 6343. Every sale, conveyance, transfer, mortgage or assignment, made in trust or otherwise by a debtor or debtors, and every judgment suffered by him or them against himself or themselves in contemplation of insolvency, and with a design to prefer one or more creditors to the exclusion in whole or in part of others, and every sale, conveyance, transfer, mortgage or assignment made, or judgment procured by him or them to be rendered, in any manner, with intent to hinder, delay or defraud creditors, shall be declared void as to creditors of such debtor or debtors at the suit of any creditor or creditors, and in any suit brought by any creditor or creditors of such debtor or debtors for the purpose of declaring such sale void, a receiver may be appointed who shall take charge of all the Receiver, apassets of such debtor or debtors, including the property so sold, conveyed, transferred, mortgaged, or assigned, which receiver shall administer all the assets of the debtor or debt 16-G. & L. A. pointment of. Knowledge of tent, material. fraudulent in Mortgage, provisions as to. Presumption of fraud. ors for the equal benefit of the creditors of the debtor or debtors in proportion to the amount of their respective demands, including those which are unmatured. Provided, however, that the provisions of this section shall not apply unless the person, or persons to whom such sale, conveyance, transfer, mortgage or assignment be made; knew of such fraudulent intent on the part of such debtor or debtors, and provided, further, that nothing in this section contained shall vitiate or affect any mortgage made in good faith to secure any debt or liability created simultaneously with such mortgage, if such mortgage be filed for record in the county wherein the property is situated, or as otherwise provided by law, within three (3) days after its execution, and where, upon foreclosure or taking possession of such property, the mortgagee fully accounts for the proceeds of such property. Every sale or transfer of any portion of a stock of goods, wares or merchandise otherwise than in the ordinary course of trade in the regular and usual prosecution of the seller's or transferrer's business, or the sale or transfer of an entire stock in bulk shall be presumed to be made with the intent to hinder, delay or defraud creditors within the meaning of this section, unless the seller or transferrer shall, not less than seven (7) days previous to the transfer of the stock of goods sold or intended to be sold, and the pavment of the money thereof, cause to be recorded in the office of the county recorder of the county in which such seller or transferrer conducts his business, and in the office of the county recorder of the county or counties in Notice of in which such goods are located, a notice of his intention to make such sale or transfer, which notice shall be in writing describing in general terms the property to be sold and all conditions of such sale and the parties thereto; excepting, however, that no such presumption shall arise because of the failure to record notice as above provided in the case of any sale or transfer made under the direction or order of a court of competent jurisdiction, or by an executor. administrator, guardian, receiver, assignee for the benefit of creditors or other officer or person acting in the regular and proper discharge of official duty or in the discharge of any trust imposed upon him by law, nor in the case of any sale or transfer of any property exempt from execution. tention to be filed with corder. Exceptions. re Sec. 6344. Any creditor or creditors, as to whom any of the acts or things prohibited in the preceding section are void, whether the claim of such creditor or creditors has matured or will thereafter mature, may commence an action in a court of competent jurisdiction to have such acts or things declared void. And such court shall appoint a trustee or receiver according to the provisions of this chapter, who upon being duly qualified shall proceed by due course of law to recover possession of all property so sold, conveyed, transferred, mortgaged or assigned. and to administer the same for the equal benefit of all creditors, as in other cases of assignments to trustees for the benefit of creditors. And any assignee as to whom anything or Assignee tu act mentioned in the preceding section shall be void, shall bring suit. likewise commence a suit in a court of competent jurisdiction to recover possession of all property so sold, conveyed, transferred, mortgaged or assigned, and shall administer the same for the equal benefit of all creditors as in other cases of assignments to trustees for the benefit of creditors. Provided, that where such assignee fails or declines, upon notice by any creditor or creditors to institute such suit such creditor or creditors may themselves institute such suit within five days after serving notice upon such assignee to commence such suit, and the procedure and administration shall be the same as is hereinbefore provided for suits commenced by any creditor or creditors. SECTION 2. That section 6343 and section 6344 of the Revised Statutes be, and the same hereby are repealed. To regulate the manufacture and sale of renovated or process butter. I. reworking. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. No person, firm or corporation shall manufacture for sale, offer or expose for sale, sell, exchange or deliver, or have in his possession with the intent to sell, exchange or deliver, any butter that is produced by taking original packing stock butter or other butter, or both, melting the same so that the butter fat can be drawn off or extracted, mixing the said butter fat with skimmed milk, or milk or cream, or other milk product, and rechurning or Rechurning or reworking the said mixture; nor shall any person, firm or corporation manufacture for sale, offer or expose for sale, sell, exchange or deliver, or have in his possession for any such purpose any butter which has been subjected to any process by which it is melted, clarified or refined, and made to resemble butter, and is commonly known as boiled, or cold extracted process or renovated butter, and which for the purpose of this act is hereby designated as "renovated" or "process butter," unless the same shall be branded or marked as provided in section two of this act. "Renovated" or "process butter" defined. |