[Senate Bill No. 533.] AN ACT To amend sections 7, 8, 16 and 19 of the act of April 2, 1906, (98 v. 292) entitled, "An act to authorize township trustees and county commissioners to organize special road districts out of two and not more than four townships occupying contiguous and compact territory, with power to improve roads in such districts," relating to the organization of road districts. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That sections 7, 8, 16 and 19 of an act entitled, "An act to authorize township trustees and county commissioners to organize special road districts out of two and not more than four townships occupying contiguous and compact territory, with the power to improve roads in such districts," passed April 26, 1898, as amended April 2, 1906, be amended so as to read as follows: Sec. 7. The commissioners so appointed shall hold their office during a term of four years, and each road commissioner shall hold office till his successor is appointed and qualified, unless removed for incompetency or neglect of duty by said county commissioners. Before entering upon the discharge of his duties, each commissioner shall take an oath of office to honestly and impartially discharge the duty thereof with a view to the public welfare, and give bond in the sum of fifteen hundred dollars, payable to the state of Ohio, for the use of the road district, conditioned that he will so discharge his duties, which shall be approved by the county commissioners and kept on file in the county auditor's office. Each commissioner shall receive two dollars compensation for each day actually employed, nor shall livery hire nor expense be allowed. The engineer employed by the road commissioners shall receive not more than four dollars per day, and each assistant and each laborer shall be allowed not more than one dollar and seventy-five cents per day for each day actually employed, as may be agreed upon by the road commissioners. The clerk or bookkeeper employed by the road commissioners shall be allowed not more than one dollar and fifty cents per day, as shall be agreed upon by the road commissioners. The compensation of the commissioners, engineer and assistants shall be allowed by the county commissioners, and the same and counsel services, together with any and all other necessary expenses shall be paid out of the road fund raised for the purpose of making such road improvement. Sec. 8. Immediately after the report of such road commissioners and the map and profile of such engineer have been filed, such road commissioners shall, in determining which road shall be first improved of those designated, select the most public roads of the road disrict and if in their opinion it is not expedient to undertake the improvement of such selected roads in all directions at Prominent one time, they shall proceed to first improve the most promi- thoroughfare, nent thoroughfare in such district. improved of outstand ing bonds specified. Sec. 16. For the purpose of providing money necessary to meet the expense of improving said roads, the said board of road commissioners, if in their opinion it is advisable, shall issue bonds of the said road district, payable at Bond issue. such times as they may determine, not exceeding twentyfive years in sums of five hundred to one thousand dollars each, bearing interest at a rate not exceeding six per cent. per annum, payabie semi-annually. But such bonds shall not be sold for less than their par value and accrued inter- Maximum est, and the aggregate amount of the bonds of any such road district at any time outstanding shall not exceed two hundred and fifty thousand dollars, save and except in road districts where the total tax valuation of all the property within said district as listed for taxes shall exceed the sum of five million doilars, and in such districts where the said taxable property so exceeds the said sum of five million dollars, the commissioners of such districts shall have power at their discretion to issue and sell the bonds of such districts in the additional sum of twenty-five thousand dollars for each whole million dollars tax value of the taxable property of said district in excess of five million dollars. sale of ponds. The sale of all such bonds shall be advertised for at Publication of least thirty days in two newspapers in such county and the secretary or clerk of such board shall send marked copies of such advertisement to at least ten leading bond buyers in the state or other states and such bonds shall be sold to the highest responsible bidder. Said road commissioners shall have the right to reject any and all bids. of. Sec. 19. All improved roads in said district shall be Roads, repair kept in repair by the road commissioners in the same manner as is provided by the general statutes for repair of roads; and to enable said road commissioners to keep the same in repair, there shall be annually levied by the county commissioners, upon each dollar's valuation of all taxable property in said road district an amount not exceeding one mill as may be deemed necessary by the road commissioners and the county auditor shall place the amount of taxes levied each year for such repairs upon the duplicate of the taxable property of the road district, including all cities and villages therein, and the same shall be collected by the county treasurer as other taxes are collected, or by distress or civil action. It shall be proper for the road commissioners to charge all expense incurred in the repair of roads to the repair fund of such road district and pay the same out of said fund. SECTION 2. That sections 7, 8, 16 and 19 of said act, entitled "An act to authorize township trustees and county commissioners to organize special road districts out of two and not more than four townships occupying contiguous 25-G. & L. A. Expense of road repairs. how charged. and compact territory, with power to improve roads in such districts," as amended, be and the same are hereby repealed. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed May 9, 1908. Approved May 9, 1908. ANDREW L. HARRIS, Governor. 184G. Refusal to allow commissioner or [Senate Bill No. 542.] AN ACT To supplement section 3 of the act of March 3, 1904 (97 v. 30), entitled, "An act to create the office of dairy and food commissioner, provide for his election, term of office, duties, salaries, expenses, office, disposition of fines collected, annual reports, etc.," relating to penalty for resisting inspection officers. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 3 of an act entitied, “An act to create the office of dairy and food commissioner, provide for his election, term of office, duties, salaries, expenses, office, disposition of fines collected, annual reports, etc.," as amended March 3, 1904 (97 v. 30), be supplemented by a supplementary section as follows: Sec. 3a. Any person or persons who refuse to allow said commissioner, or any assistant commissioner or any inspectors to inspector, or any of his agents entrance to any creamery, enter factory, etc. Penalty. factory, store, salesroom, drug store, laboratory, booth, vehicle, steam or electric cars, or place which he desires to enter in the discharge of his official duty; or in any manner interfere with said commissioner, or any assistant commissioner, or any inspector, or agent in the discharge of his official duty; or refuse to deliver to him a sample of any article of food, drug, or linseed oil made, sold, offered or exposed for sale by such person or persons, when the same is requested and when the value thereof is tendered, shall be fined not exceeding two hundred, nor less than fifty dollars, for the first offense, and for each subsequent offense shall be fined not exceeding three hundred nor less than one hundred dollars, or imprisoned in the county jail not exceeding one hundred, nor less than thirty days, or both. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, Passed May 9, 1908. Approved May 9, 1908. ANDREW L. HARRIS, 185G. Governor. [Senate Bill No. 543.] AN ACT To amend sections 7304 and 7358 of the Revised Statutes of Ohio, relating to bills of exceptions in criminal cases. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That sections 7304 and 7358 of the Revised Statutes of Ohio, be so amended as to read as follows: Sec. 7304. If a defendant feels himself aggrieved by any decision of the court, he may present his bill of exceptions thereto, which the court shall sign, and the same shall be made a part of the record, and have the same force and effect as in civil cases; if exceptions be taken to the decision of the court overruling a motion for a new trial, because the verdict is not sustained by sufficient evidence, or is contrary to law, the bill of exceptions must contain all the evidence; and the taking of all bills of exceptions shall be governed by the rules established in civil cases. The bill of exceptions shall be filed with the pleadings and papers, but not recorded, unless the court for good reasons shall so order; and evidence must not be recorded. Sec. 7358. The proceedings to review any such judgment shall be by petition in error, to which shall be attached such transcript, and also any original papers received by the clerk, except that it shall not be necessary to include in the transcript of the record any bill of exceptions, but the original bill of exceptions may be attached in lieu of the transcript of the record thereof. And the court in which the review is sought may, by summary process, compel a more complete record to be furnished, and such original papers to be forwarded. SECTION 2. That said original sections 7304 and 7358 of the Revised Statutes be and the same are hereby repealed; and this act shall apply to pending prosecutions and causes of action. FREEMAN T. EAGLESON, Speaker of the House of Representatives. Bill of exeffect of. ceptions, Review of petition in error. judgment by Services errors on tax [Senate Bill No. 545.] AN ACT To require the payment by the county auditor of claims for clerical services rendered in correcting errors and omissions on the tax duplicate, after allowance of such claims by the county commissioners. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That wherever the board of county commissioners of any county has allowed compensation for any services heretofore rendered in correcting errors and omissions on the tax duplicate, which services were performed under the direction of any board, or any member thereof, acting or claiming to act under the provisions of section 2690m, or exercising or attempting to exercise the powers and duties of a board of equalization, upon presentation to the county auditor of a certified copy of the minutes of the county commissioners showing such allowance, he shall allow and pay the same in accordance therewith; provided, that such certified copy shall be presented to the auditor within ten years from the date of such allowance. FREEMAN T. EAGLESON, Speaker of the House of Representatives. JAMES M. WILLIAMS, President of the Senate. Passed May 9, 1908. ANDREW L. HARRIS, Governor. 187G. Loss of public funds, ex [Senate Bill No. 546.] AN ACT To amend section 1 of the act of March 28th, 1906, (98 v. 120) entitled, "An act to provide for the release and discharge of county, city, village, township and school district treasurers and their sureties in certain cases," relating to the discharge and release of said treasurers. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 1 of the act of March 28th, 1906, (98 v. 120) entitled, "An act to provide for the release and discharge of county, city, village, township and school district treasurers and their sureties in certain cases,” be amended to read as follows: Sec. I. When without fault or negligence of the officer instrusted by law with the care of the same, a loss of cusable in cases. public funds intrusted to a county, city, village, township or school treasurer, by virtue of his office, has heretofore been certain |