of such notice. days after the service of a notice requiring any alterations form and service to be made in or upon such premises, comply therewith, and such notice shall be in writing and may be served upon such owner, agent or lessee either personally or by mail, and a notice mailed to the last known address of such owner, agent or lessee, shall be deemed sufficient for the purpose of this act. Sec. 9. Any person who violates the provisions of this act or refuses to comply with any requirement of the chief or district inspector, as provided herein, shall be guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be punished by a fine of not less than twenty or more than fifty dollars for the first offense, and not less than fifty nor more than one hundred dollars for the second offense, or imprisonment for not more than ten days, and for the third offense by a fine of not less than two hundred dollars and not more than thirty days' imprisonment. Penalty for viofusal to comply ment of inwith require lations or re spector. SECTION 2. That the act cited in the title of this act, Repeals, etc. passed April 27, 1896 (O. L., vol. 92, pages 393 and 394), is hereby repealed, and this act shall take effect from and after its passage. HARRY C. MASON, Speaker of the House of Representatives. Passed April 21, 1898. ASAHEL W. JONES, President of the Senate. [House Bill No. 160.] AN ACT To amend and change the sectional numbering of an act for the su ppression of mob violence, passed April 10, 1896. SECTION 1. Be it enacted by the General Assembly of violence, passed April 10, 1896, be amended so as to read as follows: SECTION 2. bled for injury Certain statu tory rights: That any collection of individuals, assem- "Mob" and "lynching" any unlawful purpose, intending to do damage or defined. to any one or pretending to exercise correctionai power over other persons by violence, and without authority of law, shall for the purpose of this act be regarded as a "mob and any act of violence exercised by them upon defined. the body of any person, shall constitute a "lynching." SECTION 3. The term "serious injury," for the pur- "Serious injury" pose of this act, shall include any such injury as shall permanently or temporarily disable the person receiving it SECTION 4. Any person who shall be taken from the Damages in case hands 11 Of the officers of justice in any county by a mob, of assault. Damages in case of lynching. Damages recoverable by legal representative of victim of lynching. Disposition of recovery. Actions. Order to include recovery and and shall be assaulted by the same with whips, clubs, missiles, or in any other manner, shall be entitled to recover from the county in which such assault shall be made any sum not to exceed one thousand dollars, as damages, by action as hereinafter provided. SECTION 5. Any person assaulted by a mob and suffering lynching at their hands, shall be entitled to recover from the county in which assault is made, any sum not to exceed five hundred dollars; or if the injury received is serious, any sum not exceeding one thousand dollars; or if it result in permanent disability to earn a livelihood by manual labor, any sum not to exceed five thousand dollars. SECTION 6. The legal representative of any person suffering death by lynching at the hands of a mob, in any county in this state, shall be entitled to recover of the county in which such lynching may occur, any sum not to exceed five thousand dollars damages for such unlawful killing. Said recovery shall be applied first to the maintenance of the family and education of the minor children of the person so lynched, if any be left surviving him, until such minor children shall become of legal age, and then be distributed to the survivors, share and share alike, the widow receiving a child's share. If there be no wife or minor children left surviving such decendent, [decedent] the said recovery shall be distributed among the next of kin according to the laws of the distribution of the personalty of an intestate. Such recovery shall not be regarded as a part of the estate of the person lynched, nor be subject to any of his liabilities. Any person suffering death or injury at the hands of a mob engaged in an attempt to lynch another person, shall be deemed within the provisions of this act, or he or his legal representatives shall have the same right of action thereunder as one purposely injured or killed by such mob. SECTION 7. Actions for the recoveries provided for in this act [may] be begun in any court having original jurisdiction of an action for damages for malicious assault within two years of the time of such lynching. SECTION 8. An order to the commissioners of any costs in tax levy. County against which such recovery may be made, to include the same with costs of action in the next succeeding tax levy for said county, shall form a part of the judgment in every such case. Guardian's custody, etc.; fees. County's right of action against member of mob. SECTION 9. In case the decedent has left minor children him surviving, the fund shall be turned over to a regularly appointed guardian, who shall apply the same under the direction of the judge of probate, allowing not more than five hundred dollars for counsel fees in the action for such recovery. SECTION 10. The county in which any lynching shall Occur shall have a right of action to recover the amount of any judgment against it in favor of the legal representatives of any person killed or seriously injured by a mob, including costs, against any of the parties composing such mob. Any person present with hostile intent at such lynching shall be deemed a member of the mob and shall be liable to such action. SECTION 11. In case a mob shall carry a prisoner into another county, or shall come from another county to commit violence on a prisoner brought from such county for safekeeping, the county in which the lynching was committed may recover the amount of the judgment and costs against the county from which the mob came, unless there was contributory negligence on the part of officials of said county in failing to protect the prisoner or disperse said mob. County's right against other county. of action prosecution. SECTION 12. Nothing in this act shall be held to re- Non-relief from lieve any person concerned in such lynching from prosecution for homicide or assault for engaging therein. SECTION 13. Said original act is hereby repealed. SECTION 14. This act shall be in force from and after the time of its passage. HARRY C. MASON, Speaker of the House of Representatives. Passed April 21, 1898. ASAHEL W. JONES, Repeals. [House Bill No. 238.] AN ACT For regulating the weighing of coal at the mine where mined. coal; oath of SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whoever shall be employed to weigh Weighing of coal as it comes from the mine where mined, where such weighmaster. weight shall be the weight upon which the amount of mining for the person mining such coal shall be estimated, and the weight upon which the royalty due the owner of the lands from which such coal shall be mined, shall be estimated at any mine where ten or more miners shall be employed, shall take and subscribe an oath before some competent officer to administer such oath, that he will correctly weigh all coal taken from such mine under exist ing owner. Contracts between operator, miner and landowners, and give due credit for the same to the miner mining such coal in said mine, and the landowner when required, own- Bond of landing the lands from which such coal is mined, and shall enter into bond in the sum of three hundred dollars, with two sufficient sureties and payable to the state of Ohio, said bond to be towns approved by and filed with the township clerk of the Duty of prosecuting attorney. Penalty. When act takes effect. ful discharge of such oath. Said oath to be endorsed upon said bond. SECTION 2. It shall be the duty of the prosecuting attorney of the county in which such mine is situated, to prosecute all persons charged with violation of such oath. SECTION 3. Any person convicted of such violation shall be fined in the sum of not less than fifty dollars, nor more than five hundred dollars, or imprisoned in the county jail of the county where conviction is had for not less than ten days nor more than sixty days, or both, at the discretion of the court. SECTION 4. This act shall take effect and be in force from and after September 1, 1898. HARRY C. MASON, Speaker of the House of Representatives. Passed April 21, 1898. President of the Senate. 134G Inspector of mines: Employment of minors. Record of employees. Inspection of record. Repeals, etc. [House Bill No. 35.] AN ACT To regulate the employment of minors in the mines of the state of Ohio, and to amend section 302 of the Revised Statutes of Ohio, passed April 16, 1888 (O. L., vol. 85, page 325). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 302 be so amended as to read as follows: Sec. 302. No child under fifteen years of age shall be allowed to work in any mine, and in all cases of minors applying for work the agent of such mine shall see that the provisions of this section are not violated; he shall also keep a record of all minors employed by him, or by any person employed in said mine, giving the name, age, place of birth, parents' name and residence, with character of employment, and he shall demand from such minor proof that he has complied with the requirements of the school laws; and it shall be the duty of the mine inspector to inspect such record and to report to the chief inspector of mines the number of minors employed in or about such mines and to enforce the provisions of this section. SECTION 2. That said section 302 of the Revised Statutes of Ohio, passed April 16, 1888 (O. L., vol. 85, page 325), be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. HARRY C. MASON, Speaker of the House of Representatives. Passed April 21, 1898. President of the Senate. 135G [House Bill No. 730.] AN ACT To amend section 3885 and Section 3886 of the Revised Statutes of Ohio, as amended March 10, 1898. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 3885 and 3886 of the Re- Schools: vised Statutes of Ohio, as amended March 10, 1898, be amended to read as follows: Sec. 3885. The state is hereby divided into school Classification. districts to be styled respectively, city districts of the first grade of the first class; city districts of the second grade of the first class; city districts of the third grade of the first class; city districts of the first class; city districts of the second class; village districts; special districts and township districts. the first class. City districts of third grades of the second and the first class. Sec. 3886. Each city having a population of 10,000 City district of 01 more together with the territory attached to it for school purposes, if any, and excluding the territory within its corporate limits detached for school purposes, if any, shall constitute a school district to be styled a city district of the first class; cities of the second and third grades of the first class, together with the territory outside of their respective corporate limits, if any, attached to them for school purposes, and excluding the territory within their corporate limits, detached for school purposes, if any, shall constitute respectively school districts to be styled city districts of the second and third grades of the first class; and each district that has heretofore been constituted a city district of the first class, shall remain such, except as herein otherprovided. wise force, third existing SECTION 2. All statutes and parts of statutes now in Application of which by their terms apply to city districts of the statutes. grade of the first class shall apply to all such discreated by this act; and all acts heretofore done and proceedings taken in pursuance of such statutes or parts of statutes in any district in a city of the third grade of first class and hereby constituted a city district of the tricts third this for and grade of the first class as defined in section one of act, shall be deemed and held to be valid and legal all purposes, the same as if this act had been passed in force before such statutes or parts of statutes were enacted. tion are SECTION 3. That said original section 3885 and sec- Repeals. hereby repealed. |