.

Order of

court, may prescribe

what.

tion, and may proceed, to examine the matter, either by evidence, by reference to a master commissioner or otherwise; and if satisfied that such construction is reasonably required to accommodate the public, or to avoid excessive expense, in view of the small amount of traffic on the highway or railroad, and considering the future uses to which said highway may be adapted, or in view of the difficulties of other methods of construction, or for other good and sufficient reasons, then it shall make an order or orders permitting such crossing at grade or diversion to be established; and it may, in such order, or orders, in its discretion, prescribe that gates, signals, watchmen, or other safeguards shall be maintained by the railroad company, in addition to the signals and safeguards prescribed by statute, and all such orders shall be binding upon the parties and shall be observed by them. All costs and expenses of the proceedings shall be ascertained and allowed by the court of common pleas and shall be paid by such party as it shall decide, or by it apportioned between the parties, and may be collected by execution out of said court. Appeals may be taken and Appeals. error prosecuted from the decision of the common pleas court to the circuit court as in civil actions, and the decision of such circuit court shall be final and conclusive. In both the common pleas and circuit courts proceedings brought hereunder shall be advanced over other civil causes.

SECTION 2. That section 4 of an act entitled "An act to provide how railroad and highway crossings may be constructed," passed April 25, 1904, is hereby repealed.

JOSEPH D. CHAMBERLAIN,
Speaker pro tem. of the House of Representatives.

Costs and expenses.

JAMES M. WILLIAMS,
President of the Senate.

Approved April 3, 1908, at 9:50 o'clock a. m.

ANDREW L. HARRIS,

Governor. 33G.

[House Bill No. 836.]

AN ACT

To amend sections 3324, 3325 and 3326 of the Revised Statutes, to more effectually protect life and property in the operation of railroads.

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

SECTION 1. That sections 3324, 3325 and 3326 of the Revised Statutes be amended to read as follows:

Sec. 3324. A company or person having control or management of a railroad shall construct, or cause to be

Fences.

Cattleguards.

Temporary. crossings.

Damage by fire.

Attorney's fees.

constructed, and maintain in good repair on each side of such road, along the line of the lands of the company owning or operating the same, a fence sufficient to turn stock; and when such fence is constructed out of barbed wire, or separate lateral strands not connected by inter-woven wire, or cross perpendicular wire not more than fifteen inches apart, there shall be securely fastened to the posts, at the top of the same, at right angles thereto, at least one board, not less than one and one-eighth inches thick and five inches wide, and extending the entire length thereof; and before operating such road shall cause to be maintained at every point where any public road, street, lane or highway used by the public, crosses such railroad, safe and sufficient crossings, and on each side of such crossings cattle-guards sufficient to prevent domestic animals from going upon such .railroad; and such company or person shall be liable for all damages sustained in person or property in any manner by reason of the want or insufficiency of any such fence, crossing or cattle-guard, or any neglect or carelessness in the construction thereof, or in keeping the same in repair. That provided, where any road now in process of construction, or any proposed road, passes through any inclosed land, that the company or person having control of any such road shall, during the construction of the same, provide suitable crossings for the owner or occupant of each farm, and make and keep in repair fences along the line of such road through such inclosed fields, and protect any crops growing thereon; and further provided, that where the company or person agrees with the owner of the lands through which any railroad passes, that said owner shall build and keep in repair any portion of the fencing, and should said fencing be destroyed or damaged by fire from passing trains or by the elements, said company or person owning or operating such road shall rebuild or repair said ience, provided the property-holder should demand it; and provided, that if any raiiroad company shall fail or refuse to construct any fence in the manner hereinbefore provided, within six months after the passage of this act, and after having received written notice so to do from the owner or occupant of any lands through which the road may pass, that then said owner or occupant may, after thirty days from the time of serving such notice upon the agent of such company nearest said lands, proceed to construct the same, and the company shall be liable to such person for the cost thereof, together with the attorney's fees as provided for in section 3325. This act shall apply to all fences now built, as well as those hereafter constructed.

Sec. 3325. If such company or person neglect or refuse to construct such fence, as is provided for in the preceding section, the owner of any land abutting on the line of the land of the railroad may construct the fence therein provided for, so far as his land abutt on the 1ailroad lands; and when he has completed the same he may present for

count.

payment to the agent of the company for receiving and shipping freight at the station nearest to the tract of land so fenced, a sworn itemized account of the expense thereof, Itemized acincluding materials and labor; and if such company or person neglect or refuse, for thirty days, to pay such account, such land owner may recover from the owner or lessee of the road, the reasonable cost of such fence, and in addition thereto, provided recovery is had for an amount not less than the amount of the verified itemized account as presented to such corporation or person, all reasonable attorney fees not to exceed the sum of twenty-five dollars ($25.00) to be assessed and awarded by the court or jury Attorney's fee trying the issue.

of $25.00.

Sec. 3326. When the fence is completed the company shall keep it in good repair; and if any such company or person permit any part of the fence on the line of its road to get out of repair, or said fence is damaged or destroyed by fire or the elements, so that it will not turn stock, the owner of the land abutting on the railroad lands where the fence is out of repair may notify the agent of the company Notice served for receiving and shipping freight at the station on the on agent. road nearest to the place where the fence is out of repair, that a portion of the fence on the line of the road is out of repair, stating where, how, and and the probable cost of repairing the same; and if such company or person shall fail, for twenty-four hours thereafter, to repair or replace the fence so that it will turn stock, the owner of the land may furnish materials and repair or replace the same. and present to such agent, for payment, a sworn itemized account of the expense thereof, including materials and labor, and if the same be not paid within thirty days thereafter, such land owner may recover from the owner or lessee of the road the reasonable expense of such repairs, and in addition thereto, attorney's fees as is provided for in section 3325.

SECTION 2. That said sections 3324, 3325 and 3326 are hereby repealed.

FREEMAN T. EAGLESON,

Speaker of the House of Representatives.

Owner may

repair fences.

County hospital for tuberculosis.

Levy of tax and sale of bonds.

Accounts to be kept.

Actual cost.

[House Bill No. 745.]

AN ACT

To provide for county hospitals for the care and treatment of inmates of county infirmaries and other residents of the county suffering from tuberculosis.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That on and after January 1, 1909, it shall be unlawful to keep any person suffering from pulmonary tuberculosis, commonly known as consumption, in any county infirmary except in separate buildings to be provided and used for that purpose only.

SECTION 2. The board of county commissioners are hereby authorized and directed to construct in each county a suitable building or buildings, which shall be separate and apart from the infirmary buildings, to be known as the county hospital for tuberculosis; and they shall also provied for the proper furnishing and equipment of said hospital; provided that there is not already established a hospital in the county for treatment and maintenance of tuberculosis patients; and whenever in any county funds are not available to carry out the provisions of this act, the county commissioners shall levy for that purpose, and set aside the sum necessary, which shall not be used for any other purpose, and the commissioners of the county may issue and sell the bonds of said county in anticipation of said levy. The infirmary directors shall provide for the treatment, care and maintenance of patients received at said county hospital, and for necessary nurses and attendants, and all expenses so incurred shall be audited and paid as are other expenditures for county infirmary purposes. An accurate account shall be kept of all moneys received from patients or from other sources, which shall be applied to-wards the payment of maintaining said county hospital; and the infirmary directors shall have authority to receive for the use of such hospital gifts, legacies, demises or conveyances of property, real or personal, that may be made, given or granted to for the use of said county hospital, or in its name, or in the name of said directors.

SECTION 3. The commissioners and infirmary directors of any county, in lieu of providing for the erection of a county hospital for tuberculosis, may contract with the infirmary directors of any other county or with the board of public service of any municipality where such hospital has been constructed for the care and treatment of the inmates of such infirmary or other residents of the county who are suffering from pulmonary tuberculosis, and the infirmary directors of the county in which such patients reside shall pay into the poor fund of the county or into the proper fund of the city receiving such patients the actual cost incurred in their care and treatment and other necessaries;

and shall also pay for their transportation. The probate judge of any county in which such hospital has been pro vided may, upon a proper presentation of the facts and the recommendation of the state board of health, order any inmate of the infirmary who is suffering from pulmonary tuberculosis removed to the county hospital for tubercu- Removal to losis of some other county, and there confined, provided county. that such removal shall not be made without the consent of such inmate if a suitable place outside of the infirmary is provided for his or her care and treatment.

another

Applicants,

investigation

of.

SECTION 4. The county hospital for tuberculosis shall be devoted to the care and treatment of those admitted to the county infirmary who are afflicted with pulmonary tuberculosis, and of other residents of the county who may be suffering from said disease and who are in need of proper care and treatment; and the board of infirmary directors shall investigate all applicants for admission to the county hospital for tuberculosis who are not inmates of the county infirmary and require satisfactory proof that they are in need of proper care, and have pulmonary tuberculosis; provided, that the infirmary directors may require from any such applicant admitted a payment of not to exceed $3.00 a week, or such less sum as they may determine, for hospital care and treatment. The physician to Physicians. the county infirmary shall have the medical care of patients in the county hospital; provided, that any patient not an inmate of the county infirmary shall have the privilege of calling other medical attendance in consultation with the regular infirmary physician, but not at the expense of the county.

State board of health,

SECTION 5. The state board of health shall have general supervision of all county hospitals for tuberculosis, and supervision. shall prescribe, and is hereby authorized to enforce, such rules and regulations for their government, and for the protection from infection of other inmates of the county infirmary and of nurses and attendants in the county hospital for tuberculosis. and others, as they may deem necessary; and it shall be the duty of all persons in charge of or employed at such hospitals, or residents thereof, to faithfully obey and comply with any and all such rules and regulations; and said board, acting with the board of state charities, shall approve the location and plans for all plans apcounty hospitals for tuberculosis.

Location and

proved.

ANDREW L. HARRIS,

Governor.