Lien upon horses, &c, boarded by livery stable keepers. When horse, &c., may be sold for expenses of keeping. AN ACT For the protection of livery stable keepers and others. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any livery stable keeper or other person who shall feed or furnish food and care for any horse, mare, foal, filly, gelding, mule or ass, by virtue of any contract or agreement with said owner thereof, shall have a lien to secure the payment of the same upon such horse, mare, foal, filly, gelding, mule or ass. SEC. 2. Any livery stable keeper feeding or furnishing food and care for any horse, mare, foal, filly, gelding, mule or ass, shall retain such horse, mare, foal, filly, gelding, mule or ass, for the period of ten days, at the expiration of which time, if the owner does not satisfy said lien, such livery stable keeper may sell such horse, mare, foal, filly, gelding, mule or ass, at public auction, after giving such owner ten days' notice in some newspaper of general circulation in the county where the services were rendered. After satisfying the lien and costs that may accrue, any residue remaining shall be paid to the owner. SEC. 3. This act shall take effect on its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 26, 1873. JACOB MUELLER, President of the Senate. Judges of common pleas to librarian. AN ACT Supplementary to an act entitled "An act to promote and encourage Law Library Associations," passed April 27, 1872. (O. L., volume 69, page 165.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all counties in this state which may contain within their limits a city of the first class having a population of more than two hundred thousand inhabitants, and in which city there may be established a law library association, which shall furnish to all the county officers and judges of the several courts of such counties admission to its library and the use of its books free of charge, it shall be the duty of the judges of the court of common pleas of all such counties, upon the appointment of a person to act as librarian of said law library association by the trustees thereof, to fix the compensation to be paid said librarian for his services, which compensation shall be paid out of the county treasury, and for which the county auditor shall issue the proper warrant. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 26, 1873. President of the Senate. AN ACT To authorize incorporated villages having a population of three thousand to receive, by gift or donation, land used as burying grounds lying within the limits of any such village, to be converted into a park, and to remove bodies from any such grounds. Authority cemetery tain cases. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any incorporated village not having a population of over three thousand, having within its corporate limits a cemetery belonging to any church or religious society, and the trustees or other proper authorities of such church or religious society, and their grantors, or the heirs of such grantors, shall unite in conveying the full title of the land on which such cemetery is situate to such village, may, by reso lution of its council, accept such conveyance and convert said land into a public park for such village; and it shall thereupon be the right and duty of said village to remove the bodies buried in said cemetery, and to take charge of said land and improve and manage the same as a public park, under and in pursuance of the act entitled an act to provide for the organization and government of municipal corporations, passed May 7, 1869, and the acts amendatory thereof and supplementary thereto, with all the powers of taxation and other powers in that behalf conferred by said acts: Provided, however, that after the title of said land shall be so Removal of vested in said village, and before the removal of any of said bodies by said village, sixty days shall be allowed to the friends of those whose bodies are buried in the said cemetery to remove the same, and after the expiration of the said sixty days, said village shall cause all bodies still remaining in said cemetery to be carefully removed and buried, each in a' separate grave, in some public cemetery, and place over the grave of each the monument that marked the original grave of such body. SEC. 2. That this act shall take effect and be in force on its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 26, 1873. AN ACT President of the Senate. Supplementary to an act entitled an act for the organization and government of Municipal Corporations, passed May 7 (1869). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in any city or incorporated village where bodies. Terms of members of councils to be determined by lot in elections have been held, or may hereafter be held, to elect members of the council, and a portion of such members elected for the full time, and a portion to fill vacancies that may exist, and the electors of such city or incorporated certain cases. village having failed to designate the length of the terms of office of such persons so elected, it shall be lawful for such members of the council so elected to proceed, at their first regular meeting in May, or at such other time as such council may designate, to determine by lot, in such manner as may be prescribed by the mayor, the respective term of office to be held by each; and in cases of cities or incorporated villages that are divided into three or more wards, such lots are to be cast between members sitting for the same ward. In case any member of such council shall refuse or fail to attend at the time and place specified for this purpose aforesaid, then it shall be the duty of the mayor to act in casting lot for such absent member, and the result of the determination by lot herein provided shall fix the terms of office of the members of such council as fully as though they had been originally elected as contemplated by law. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 26, 1873. President of the Senate. AN ACT Supplementary to an act entitled "An act to provide for the election of an additional Judge of the Court of Common Pleas for the second sub-division of the fifth judicial district." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the second election for the additional judge of the court of common pleas of the second subdivision of the fifth judicial district, provided for by the act to which this is supplementary, shall be held on the second Tuesday of October, A. D. 1873, at the annual election for state and county officers, at which time such additional judge, who shall be a resident of said subdivision, shall be elected by the qualified voters of said counties of Highland, Ross and Fayette; and said election shall be in the same manner and for the same term as prescribed by law for the election of other judges of the court of common pleas; and said judge, when so elected and qualified, shall hold his office for the same term as regular judges of the court of common pleas, and shall be entitled to receive the same salary, possess the same powers and discharge the same duties as are conferred or enjoined by the constitution and laws of the state upon other judges of said courts; and any vacancy that may occur in the office of such additional judge, whether by expiration of his term of service, or otherwise, shall be filled as in other cases. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 26, 1873. President of the Senate. AN ACT To amend an act entitled "An act to provide an Insurance Department in the state of Ohio," passed March 12, 1872. (O. S. L., vol. 69, page 32.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections nine, ten, eleven, fourteen and sixteen of said act be amended so as to read as follows: Section 9. Whenever it shall appear to the said superintendent, from such examination, that the assets of any life insurance company organized under the laws of this state, are insufficient to reinsure its outstanding risks, as provided by this act, or that the assets of any joint stock insurance company other than life, organized under the laws of this state, after deducting therefrom all actual liabilities and a reinsurance fund equal to fifty per cent. of the whole amount of premiums on all unexpired risks and policies, are reduced twenty per cent. or more below the capital stock required by law, he shall require the officers thereof to direct the stockholders to pay in the amount of such deficiency, within such period as he shall designate in such requisition. After the superintendent shall issue his requisition calling for a sum to be paid by the stockholders of any company, amounting to or exceeding forty per cent. of the capital, it shall be unlawful for said company to issue any new policies or transact any new business until the superintendent of insurance shall issue to such company a license, authorizing it to resume business, or until the court shall have rendered its decision on the case, as hereinafter provided. But in case said requisition shall call for a less amount than forty per cent. of said capital, and the officers of the company shall, in accordance with said requisition, direct the stockholders to pay the amount required for making up the capital, and so siguify to the superintendent, then it shall be lawful for said company to continue business as before the issuing of said requisition, Proceedings against unsound companies. Procedure in case of de fault to com ply with requisition. In relation to unsound mutual in surance companies. Annual val of interest, &c. for the term of thirty days from the date thereof. At the expiration of said thirty days, any portion of the requisition of the superintendent remaining unpaid, it shall be unlawful for said company to issue any new policies or transact any new business until authorized by the superintendent as aforesaid. Section 10. In case of default on the part of said com. pany to comply with such requisition, the superi..tendent shall communicate the fact to the attorney general, who shall apply to the court of common pleas of the county in which the principal office of said company is located for an order requiring such company to show cause why the business of such company should not be closed, and shall give to said company such notice of the pending of such application as said court shall direct, and the court shall thereupon proceed to hear the allegations and proof of the respective parties; or, the court shall have power to refer the application of the attorney general to a referee, to inquire into and report upon the facts stated therein. In case it shall appear to the satisfaction of said court that the assets of said company are not sufficient as aforesaid, or that the interests of the public so require, the said court shall decree a dissolution of said company and a distribution of its effects. Any transfer of the stock of any company made during the pendency of any such investigation shall not release the party making the transfer from his liability for losses which have accrued previcus to the transfer. Section 11. If, upon examination, it shall appear to the superintendent that the assets of any company organized on the plan of mutual insurance, after deducting therefrom all actual liabilities and a re-insurance fund equal to fifty per cent. of the advanced cash premiums received on all unexpired risks and policies, are insufficient to justify the continuance of such company in business, it shall be his duty to proceed, in relation to such company, in the same manner as is herein required in regard to joint stock companies; and the trustees or directors of such company are hereby made personally liable for any losses which may be sustained upon risks taken after the superintendent of insurance shall have issued his requisition for filling up the deficiency in the assets, and before such deficiency shall have been made up: Provided, that nothing herein shall be so construed as to require any mutual fire insurance company to keep on hands any cash re-insurance reserve or funds invested in securities, other than their premium notes, when said premium notes amount in gross to three per centum of the amount at risk by said company. Section 14. It shall be the duty of the superintendent, nations, rate annually, to make or cause to be made net valuations of all outstanding policies, additions thereto, unpaid dividends and all other obligations of every life insurance company transacting business in this state; and for the purpose of such valuations, and for making special examinations of the condition of life insurance companies, as provided in the laws |