dies. When there are no children. surance provided for in the preceding section or this section may be made payable, in case of the death of the wife before In case wife the period at which it becomes due, to his or their children, for their use, as shall be provided in the policy of insurance, and to their guardian if under age; but should there be no children upon the death of the wife, said policy shall revert to and become the property of the party whose life is insured, unless said policy shall have been transferred as hereinafter provided, and if by its terms, or a transfer thereof, a policy is payable to a married woman solely for her use, she may sell, assign, or surrender the same, provided that the party whose life is insured shall concur and become a party to the transfer; but if a policy be procured by any person with intent to defraud his creditors, an amount equal to the premium paid thereon, with interest, shall inure to the benefit of his creditors, subject, however, to the statute of limitations. SEC. 2. That section thirty (30), chapter two (2), of said act be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. When policy is procured with intent to defraud. Repeal. Passed June 12, 1879. President of the Senate. [Senate Bill No. 382.] AN ACT To provide for securing title to land for park purposes in certain cities. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any city of the first class and second grade which has heretofore adopted, or may hereafter adopt, by its council, a resolution declaring its intent to purchase or ap propriate certain specified lands for park purposes, and has by ordinance provided for a direct levy of a tax for the purpose of accumulating a fund to enable such city to pay for the same, it shall be lawful, and such city is hereby authorized and empowered to acquire and secure by deed, or contract, the title to such lands not exceeding fifty thousand dollars in price thereof, and to enter into possession of the same, and to apply such funds in whole, or by installments, as the same may be levied and collected in payment for such lands in accordance with the terms of such deed or contract. SEC. 2. This act shall take effect from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed June 10, 1879. JABEZ W. FITCH, President of the Senate. When certain cities wish to aplands for a propriate public park Penalty for killing, injuring, or catching fish in any body of water except those specified, by other means than hook and line. [Senate Bill No. 358.] AN ACT To amend section thirty-five of an act entitled "an act to amend, revise, and consolidate the statutes relating to crimes and offenses," passed April 10, 1878. (O. L., vol. 75, page 108.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the above recited act be so amended as to read as follows: Section 35. Whoever, in any of the waters of any creek, river, canal, lake, pond, or reservoir, or in any body of water, whether artificial or natural, lying within the state of Ohio, except the waters of lake Erie, Mercer county reservoir, and Laramie reservoir in Shelby county, injures, kills, or catches in any other way than by hook and line, any fish, except minnows, or owns or possesses any fish pond, fish net, fish trap, or fish seine, except seines to catch minnows, in or connected with any of the waters in the state of Ohio, except the waters of lake Erie, Mercer county reservoir, and Laramie reservoir, in Shelby county, or whoever in any way maliciously disturbes any fish in any private fish pond, shall be fined for each offense not more than fifty dollars nor less than ten dollars, or be imprisoned in the jail of the county not less than ten nor more than sixty days: and provided further, that it shall be unlawful to catch or destroy fish in any manner, except with hook and line, during the spawning season, except in reservoirs containing one thousand acres or more, from the first day of April to the fifteenth day of June in each year, with the same penalties for a violation of this provision as above provided in other cases. SEC. 2. That section thirty-five in the above entitled act be and the same is hereby repealed, and that this act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed June 12, 1879. President of the Senate. Improved road for Pike county. [House Bill No. 1069.] AN ACT To amend section one of an act entitled "an act to authorize the commissioners of Pike county to build an improved road, and the board of public works to grant certain rights.” SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That said section one be amended so as to read as follows: Section 1. That the board of public works is hereby authorized to grant to the commissioners of Pike county the right to make, upon the towing-path or the berme bank of the Ohio canal, from Waverly, in said county, south to the line between Scioto and Pike counties, an improved or graveled road, upon such terms and under such restrictions and regulations as the said board of public works may prescribe. SEC. 2. This act shall take effect on its passage, and said original section one is hereby repealed. JAMES E. NEAL, Speaker of the House of Representatives. Passed June 12, 1879. President of the Senate. [Senate Bill No. 370.] AN ACT To provide for the boundaries of the bed of the part of the Miami and WHEREAS, The state has abandoned and conveyed to the city of Toledo the Manhattan branch (so called) of the Miami and Erie canal, extending from Swan creek, in said city, to the former outlet into the Miami river at Manhattan; and, WHEREAS, It is understood that there are no records or plats showing definitely the lines of boundary of the land formerly occupied by the state for the use of said abandoned canal; now, therefore, in order to provide a way to determine said lines and to preserve the evidence thereof, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the court of common pleas of the county of Lucas shall, upon the application of the city solicitor of the said city of Toledo, appoint a commission, consisting of not less than three nor more than five suitable persons, who shall at once proceed to survey and determine the boundaries of the land formerly occupied by the state for the purposes of said canal before its abandonment, and mark the same by suitable monuments, and make maps and plats of the same, with suitable descriptions, to be preserved as hereinafter provided. SEC. 2. That said commissioners shall be authorized to take the testimony of witnesses, when it shall be deemed necessary, in order to determine where said boundaries are, and for that purpose either of them shall have the power to administer oaths, and the matter shall be considered and treated as a proceeding pending in the said court of common pleas. SEC. 3. The said commissioners, upon the completion of the work for which they are appointed, shall report the same to the said court of common pleas, and if the said court shall Whereas. Court of common pleas shall appoint a commission. Their duties. Authority of commis sioners. When work is completed, Costs, etc. be satisfied that all their proceedings have been in conformity to the provisions of this act, it shall enter an order approving the same; and thereupon the maps, plans, notes of surveys, and descriptions so made by the said commission shall be recorded in the book of plats in the recorder's office of said county, and the said record, or duly certified transcript thereof, shall, in any judicial proceeding involving questions touching the limits or boundaries of the, said abandoned canal, be received and taken as prima facie evidence of all matters therein contained. SEC. 4. All costs and expenses in these proceedings, including the compensation of said commissioners, shall, after the allowance of the said court, be paid by the said city of Toledo. SEC. 5. This act shall take effect on and after its passage. Speaker of the House of Representatives. Passed June 13, 1879. President of the Senate. Board of to lower a culvert. [House Bill No. 421.] AN ACT To authorize the Board of Public Works to lower the culvert under the canal, near the village of Groveport, in Franklin county. SECTION 1. Be it enacted by the General Assembly of the State public works of Ohio, That the board of public works is hereby authorized and directed to lower the culvert under the canal at a point about one-eighth of a mile, a little north of east of the village of Groveport, in Franklin county, to such a depth as the agricultural interest and the health of the locality requires. SEc. 2. Said board of public works are authorized to let the whole, or any part of said work, by contract, to the lowest responsible bidder, or cause the same to be done, under the supervision of some judicious and competent superintendent, as they may deem best for the interest of the state. Let contract. Appropriation. SEC. 3. To enable the board of public works to carry into effect the provisions of this act, a sum of money, not exceeding fifteen hundred dollars, is hereby appropriated, to be drawn out of the general revenue fund, on the certificate of said board. SEC. 4. This act shall be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, Passed June 17, 1879. President of the Senate. [House Bill No. 1085.] AN ACT Supplementary to the act of May 22, 1879, entitled "an act making appropriations for the fiscal year 1879, and the first quarter of the fiscal year 1880, payable out of the revenue fund." (76 v. 99.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there is hereby appropriated, for repairs of the heating apparatus of the Dayton asylum for the insane, out of any money in the treasury to the credit of the revenue fund not otherwise appropriated, the sum of fifteen hundred dollars. SEC. 2. This act shall take effect on its passage. JAMES E. NEAL, Speaker of the House of Representatives. Appropriation for Dayton insane asylum. Passed June 21, 1879. JABEZ W. FITCH, President of the Senate. [Senate Bill No. 313.] AN ACT To amend the act of May 11, 1978, entitled "an act to revise and consolidate the laws relating to procedure before justices of the peace and mayors." (74 v. 971.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section seventeen, of chapter one, of said act be amended so as to read as follows: Section 17. The plaintiff shall have an order of attachment against any property of the defendant (except as hereinafter provided) in a civil action before a justice of the peace, for the recovery of money, before or after the commencement thereof, when there is filed in his office an affidavit of the plaintiff, his agent, or attorney, showing the nature of the plaintiff's claim, that it is just, the amount the affiant believes the plaintiff ought to recover, and that the property sought to be attached is not exempt from execution, and, if the personal earnings of the defendant are sought to be attached, that the defendant is not the head or support of a family, or that such earrings are not for services rendered within three months before the commencement of the action, or that being earned within that time the same amount to more than one hundred and fifty dollars, and that only the excess over that amount is sought to be attached; and also the existence of some one, or more, of the following particulars: 1. That the defendant, or one of several defendants, is a corporation, having no officer upon whom a summons can be served, or place of doing business in the county, or is a nonresident of the county: provided, that no proceedings in at Attachment for the recovery of money. |