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Superior
court, general
term, excep-
tion.

Transfer to circuit court.

Jurisdiction of circuit court.

Mandate to special term of superior court.

Supreme

court man

date, directed, how.

ing causes thereof, except judgments rendered by the general term of the superior court of Cincinnati before this act shall take effect.

SECTION 2. That sections 499a, 499b, 503 and section 0709 of the Revised Statutes, as amended March 17, 1898, be and the same are hereby repealed.

SECTION 3. All cases pending in the general term of the superior court of Cincinnati at the time of the taking effect of this act shall proceed no further in said court, but shall be deemed transferred as of said time to the circuit court having jurisdiction in the county wherein said superior court is located ; and the clerk of said court shall forthwith transmit to said circuit court the original papers in such cases, with a transcript of the docket and journal entries therein. Said circuit court shall have as full jurisdiction of said cases as said general term may have had; and the conditions of all undertakings given in such cases which may be applicable to the judgments and orders of said general term shall be applicable to the judgments and orders of said circuit court. And upon the final disposition by said circuit court of any case so transferred, said circuit court shall issue its mandate to the special term of the superior court of Cincinnati, directing what further proceedings shall be had in such case.

SECTION 4. That section 6726 of the Revised Statutes be supplemented by the enactment of section 6726a as follows:

Sec. 6726a. Whenever a judgment rendered or final order made by the superior court of Cincinnati sitting in general term shall be affirmed or reversed by the supreme court, the mandate directing further proceedings shall be directed either to the special term of said superior court or to the circuit court having jurisdiction in the county wherein said superior court is located, as the supreme court may determine.

SECTION 5. This act shall take effect and be in force on and after the thirtieth day after it shall become a law.

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

JAMES M. WILLIAMS,
President of the Senate.
Passed March 31, 1908.
Approved March 31, 1908, at 5:00 o'clock p. m.

ANDREW L. HARRIS,
Governor.

[House Bill No. 869.]

AN ACT

Governing powder, other explosives and blasting in coal mines.

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

SECTION I. No blasting powder or other explosives shall be stored in any coal mine, and all powder sold to miners by the keg shall be packed in kegs which have an Opening at the edge two inches in circumference, and that can be conveniently opened to avoid the dangerous use of picks to open the same; and no workman shall have at any one tinne more than one twenty-five pound keg of black powder in the mine, nor more than three pounds of high explosives; and no explosive shall be taken into or out of any part of the mine in mine cars propelled by electric power; and no person shall keep blasting powder, or explosives, dangerously near the electric wire or power cable in any part of the mine where electric wires are in use.

(a.) Every person who has powder or other explosives in a mine, shall keep it or them in a wooden or metallic box or boxes, securely locked, and said boxes shall be kept at least five feet from the track, and no two powder boxes shall be kept within twenty-five feet of each other, nor shall black powder and high explosives be kept in the same box.

(b.) Whenever a workman is about to open a box or keg containing powder or other explosives, and while handling the same, he shall place and keep his lamp at least five feet distant from said explosive and in such position that the air current cannot convey sparks to it, and no person shall approach nearer than five feet to any open box containing powder or other explosives with a lighted lamp, lighted pipe or other thing containing fire.

(c.) In the process of charging and tamping a hole, whenever in the opinion of the mining department this becomes necessary, the needle used in preparing a blast shall be made of copper and the tamping bar shall be tipped with at least five inches of copper. No coal dust nor any material that is inflammable, or that may create a spark, shall be used for tamping, and some soft material must always be placed next to the cartridge or explosive.

(d.) A miner who is about to fire a shot with a manufactured squib shall not shorten the match, saturate it with mineral oil nor ignite it except at the extreme end ; he shall see that all persons are out of danger from the probable effects of such shot, and if it be a rib shot, he shall notify the person or persons working next to him on said rib before said shot, and shall take measures to prevent anyone approaching by shouting “fire" immediately before lighting the fuse; no person shall return to a missed shot until five

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Penalty.

Relief fund. how obtained.

Needy blind, defined.

Blind relief commission.

minutes have elapsed. And when it is necessary to tamp dynamite, nothing but a wooden tamper shall be used.

SECTION 2. Any person violating any part of this act, shall be deemed guilty of a misdemeanor, and upon conviction be fined, not more than one hundred dollars, nor less than five dollars, at the discretion of the court.

SECTION 3. This act shall take effect and be in force
six months after passage.
FREEMAN T. EAGLESON,
Speaker of the House of Representatives.

JAMES M. WILLIAMS,
President of the Senate.
Passed April 2, 1908.
Approved April 3, 1908, at 9:50 o'clock a. m.

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

SECTION I. The boards of county commissioners of the several counties in this state are hereby authorized and required to levy, in addition to the taxes now levied by law for other purposes than those herein provided, a tax not exceeding two-tenths of one mill per dollar on the assessed value of the property of their respective counties, to be levied and collected as now provided by law for the assessment and collection of taxes, for the purpose of creating a fund for the relief of the needy blind of their respective counties.

SECTION 2. A needy blind person shall be construed to mean any person who, by reason of loss of eye-sight, is unable to provide himself with the necessities of life, and who has not sufficient means of his own to enable him to maintain himself.

SECTION 3. The judge of the probate court in each of said counties shall, within thirty days after the passage of this act and annually thereafter on or before the first Monday of April appoint three persons, residents of such county, one to serve for three years, one to serve for two years, and one to serve for one year from the date of such appointment and each year thereafter one person to serve for three years. Such persons so appointed shall be known and designated as the “blind relief commission,” and shall organize by electing one of their number as president and one of their number as secretary to serve until the next annual appointment of a member. The judge of the probate court may, for cause, remove any member of the commission, and shall fill all vacancies occurring thereon, whether by removal or otherwise, for the unexpired term.

SECTION 4. The blind relief commission shall meet at the office of the county commissioners, within thirty days after its appointment and thereafter annually on the fourth day of November of each year, and at such other times as may be necessary on the call of the secretary, and examine carefully the list of applications properly filed.

SECTION 5. A needy blind person in order to receive relief under this act must be a resident of this state at the passage of this act, or become blind while a resident of this state, and shall be a resident of the county for one year.

SECTION 6. All persons claiming relief under this act shall file, at least ten days prior to action on said claims, with the board, a duly verified statement of the facts bringing him within the provisions of this act. The list of claims shall be filed in the order of filing in a book furnished for that purpose by the county commissioners, and which record shall be open to the public. No certificate of qualification for drawing money under this act shall ever be granted until the board shall be satisfied, from the evidence of at least two reputable residents of said county, one of whom shall be a registered physician, that they know the applicant to be blind, and that he has the residential qualifications to entitle him to the relief asked for, which evidence shall be in writing, subscribed to by such witnesses, subject to the right of cross-examination by the board or other persons. If the board is satisfied upon such testimony that the applicant is entitled to any relief hereunder, they shall issue an order therefor, in such sum as they find needed, not to exceed $150.00 per annum, to be paid quarterly out of the fund herein provided for on the warrant of the county auditor, and such relief shall be in lieu of any other relief of a public nature.

SECTION 7. At its annual meeting, the board shall examine as to the qualifications of any one on the blind list and increase or decrease the allowance within the statutory limits, or if they are not satisfied that the person so on the list is qualified to draw any money they shall entirely remove him from the list and shall forthwith notify the auditor of such action.

SECTION 8. Each member of said board shall receive $2.00 per diem while on actual attendance upon duty, not to exceed five days in any one year, and mileage at the rate of 8 cents per mile, going and returning.

SECTION 9. The county commissioners of every county are hereby authorized and directed to transfer from any money in the poor fund of any county, to the blind fund, herein provided, for the year 1908, sufficient money to carry out the purposes of this act.

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Perjury.

Grade crossings.

I’arties defondant.

Petition, what to contain.

SECTION I.O. Any person who shall make a false statement in order to secure benefit for himself or another, the benefit herein provided, shall, upon conviction, be deemed guilty of perjury. FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,
President of the Senate.
Passed April 2, 1908.
Approved April 3, 1908, at 9:50 o'clock a. m.

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To amend section 4 of an act entitled, “An act to provide how railroad and highway crossings may be constructed,” passed April 25, 1904, in relation to railroads crossing highways and highways crossing railroads.

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

SECTION I. That section 4 of an act entitled, “An act to provide how railroad and highway crossings may be constructed,” passed April 25th, 1904, be amended so as to read as follows:

Sec. 4. Whenever it shall be desired by any railroad company constructing a new railroad, or in changing or in altering the location of a railroad heretofore constructed, or by any municipality or authority constructing a new highway that the railroad or highway should be so constructed that the railroad and highway shall cross each other at the same grade, or if it is desired to divert, change or alter any existing public highway, a petition shall be presented by the party desiring such construction or diversion to the court of common pleas of the county within which said crossing or diversion is situated and the railroad company, if it is a highway asking for the right to cross a railroad shall be the defendant, and if it is a railroad company asking for the right to cross a highway, or divert, change or alter any existing public highway, in a municipality such municipaity shall be the defendant, and is outside of a municipality, then the trustees of the township and the board of county commissioners of the county shall be the defendants, and summons shall be served and the rule days and the rights of the defendants to plead shall be the same as in civil actions in said court. Said petition shall set forth the reasons that are supposed to make the same necessary or desirable: and the court of common pleas shall thereupon have jurisdiction of the parties and the subject matter of such peti

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