* 
MANUAL 
OF THE 
HEALTH LAWS 
OF THE 
STATE OK OHIO. 
COATI-U'D BY THE 
STATE BOARD OF HEALTH 
TO JANUARY ist, 1892. MANUAL 
OF THE 
HEALTH LAWS OL OHIO, 
FOR THE USE OF 
Boards or (Health , 
CONTAINING TI*E 
STATUTES RELATING TO THE PUBLIC HEALTH, 
AND THE DECISIONS OF THE SUPREME 
COURT IN REFERENCE TO THE 
SAME SUBJECT, 
In Effect January 1, 1892. 
COMPILED BY THE 
STATE BOARD OF HEALTH 
COLUMBUS, O.: 
TELE WESTBOTE COMPANY, PRINTERS, 
1891. INTRODUCTION. 
This manual contains all the statutes relating to the public health in 
force January 1, 1892, and has been prepared specially for the use of 
health officers and boards of health. 
The syllabus adopted in the Revised Statutes of 1890 has been fol- 
lowed, and is placed at the heads of sections, printed in bold-face type, so 
that the nature of each section may be seen at a glance. The sectional 
numbering adopted in the Revised Statutes for 1890 (Smith and Benedict) 
has also been followed where possible. Following each section is, first, its 
number in the Revised Statutes, where given, and then, separated by a 
semi-colon, the number of the volume and page of the Ohio Laws where it 
may be found. The date of the enactment of the laws of 1889-90,1890-91, 
not contained in the Revised Statutes, is first given, followed, after a 
semi-colon, by the number of the volume and page of the Ohio Laws. 
Sections are numbered consecutively from one to two hundred and 
ninety-six, and the index refers to the sectional numbering prepared for 
this volume. 
Where a sectional number, given in the text of sections does not refer 
to a sectional number of the Revised Statutes, but to the sectional number 
of an act, the proper number given in the Revised Statutes, where possible, 
is inserted immediately following in brackets. 
Great care has been taken in the completion, and the acts given are 
believed to be absolutely correct. 
C. 0. Probst, M. D, 
Secretary State Board of Health MANUAL 
OF THE 
HEALTH LAWS OK OHIO. 
In Force January i, 1892. DIVISION I. 
Relating to Boards of Health. 
STATE BOARD OF HEALTH. 
Sec. 1. [Appointment of state board of health; terms of mem- 
bers ; vacancies.] The governor, with the advice and consent of the sen- 
ate, shall appoint seven persons, who (with the attorney-general, who shall 
be ex-officio a member of said board) shall constitute the state board of 
health; provided, that the terms of office of the seven first appointed shall 
be so arranged that the term of one shall expire on the 13th day of Decem- 
ber of each year, and the vacancies so created, as well as all vacancies oc- 
curring otherwise, shall be filled by the governor, with the advice and con- 
sent of the senate; and provided, also, that appointments made when the 
senate is not in session, may be confirmed at its next ensuing session. 
(8035-294; 83 v. 77.) 
Sec. 2. [General duties of board.] The state board of health shall 
have the supervision of the interests of the health and life of the citizens of 
the state, and may make such quarantine and sanitary rules and regula- 
tions as they may deem necessary therefor; they shall make careful inquiry 
in respect to the causes of disease, and especially the invasion or spread of 
any infectious or contagious [,] epidemic or epidemic [endemic] disease, and 
investigate the sources of mortality, and the effects of localities, employ- 
ments, conditions, ingesta, habits and surroundings on the health of the 
people, and shall investigate the causes of diseases occurring among 
the stock and domestic animals of the state, the methods of remedying 
the same by quarantine or otherwise, and shall gather information in 
respect to such matters and kindred subjects for dissemination among the 
people. They shall advise officers of the government, or other state boards 
in regard to the location, drainage, water supply, disposal of excreta, heat- 
ing and ventilating of public buildings. They shall collect and preserve 
such information relating to forms of disease and death as may be useful 
in the discharge of the duties of said board. It shall be the duty of all 
local boards of health, health authorities and officials, officers of state insti- 
tutions, police officers, sheriffs, constables, and all other officers and em- 
ployes of the state, or any county, city or town thereof, to enforce such 
quarantine and sanitary rules and regulations as may be adopted by the 
state board of health, and in the event of failure or refusal on the part of 
any member of said boards or other officials, or persons in this section STATE board of health. 
7 
mentioned to so act, he or they shall be subject to a fine of not less than 
fifty dollars, upon first conviction, and upon a conviction of second offense 
of not less than one hundred dollars. (8035-295 ; 86 v. 223.) 
Sec. 3. [Vital statistics.] The board of health shall have supervision 
of the state S)8tem of registration of births and deaths as hereinafter pro- 
vided ; they shall make up such forms and recommend such legislation as 
shall be deemed necessary for the thorough registration of vital and mortu- 
ary statistics throughout the state. The secretary of the board shall be 
the superintendent of such registration. The clerical duties and the safe- 
keeping of the bureau of vital statistics thus created shall be provided 
by the secretary of state. (8035-296 ; 83 v. 78.) 
Sec. 4. [Reports to board of contagious diseases.] It shall be the 
duty of boards ol health, health authorities or officials, and of physicians 
in localities where there are no health authorities or officials, to report to 
the state board of health, promptly upon discovery thereof, the existence 
of any one of the following diseases which may come under their observa- 
tion, to wit: Asiatic cholera, yellow fever, small pox, scarlet fever, diph- 
theria .typhus and typhoid fever, and of such other contagious or infectious 
diseases as the state board may from time to time specify. (8035-297 • 
83 v. 78.) 
Sec. 5. [Penalties; how applied.] All amounts recovered under 
the penalties herein provided, shall be appropriated to a special lund for 
the carrying out of the objects of this law. (8035-298 ; 83 v. 78.) 
Sec. 6. [Meetings of board; conduct of business.] The first meet- 
ing of the board shall be within thirty days after their appointment, and 
thereafter in January and June of each year, and at such other times as 
the board shall deem expedient. Theie shall not be more than three 
called ses.-ions of the board in [any] one year, and no session of the board 
shall continue longer than three days. The meeting in January of each 
year shall be in Columbus. A majority shall constitute a quorum. They 
shall choose one of their number to be president, and they may adopt 
rules and bv-laws for their government, subject to the provisions of this 
act. (8035-299; 83 v. 78.) 
Sec. 7. [Secretary of board; his salary; compensation of mem- 
bers.] They shall elect a secretary, who shall perform the duties pre- 
scribed by the board and by this act, and who shall, upon cause, be 
removed by a majority vote; he shall receive a salary, not to exceed six- 
teen hundred dollars ($1,600) per annum, which shall be fixed by the 
board ; he shall also receive his traveling and other expenses incurred in 
the performance of his official duties. The other members of the board 
shall receive five dollars per day, and their traveling and other expenses 
while employed on business of the board. The president of the board 
shall, quarterly, certify the amount due the members, and on presentation 
of his certificate the auditor of state shall draw his warrant on the treas- 
urer for the amount. (8035-300 ; 83 v. 78.) 
Sec. 8. [Annual report of board.] It shall be the duty of the 
board of health to make an annual report, through their secretary or oth- 
erwise, in writing, to the governor of the state, on or before the first day 
of November of each year, and such report shall include so much of the 
proceedings of the board, and such information concerning vital statistics, 
such knowledge respecting diseases, and such instructions on the subject 8 
MANUAL OF THE LAWS OF 
of hygiene as’ may be thought useful by the board for dissemination among 
the people, with such suggestions as to legislative action as they may deem 
necessary. (8035-301; 83 v. 78.) 
Sec. 9. [Board of health; how established and constituted in cer- 
tain municipalities.] The council of each city and village having a pop- 
ulation of five hundred or more shall establish a board of health; such 
board shall be composed of the mayor, who shall be president by virtue 
of his office, and six members to be appointed by the council, not more 
than two of whom shall be medical practitioners, who shall serve without 
compensation, and a majority of whom shall constitute a quorum. Pro- 
vided that none of the provisions of this section shall apply to cities of 
the first grade of the first class or to cities of the first grade of the second 
class. (1890, April 25: 2113; 87 v. 296.) 
The council of a village passed an ordinance establishing a board of health, ai*d 
regularly appointed members of the board, who qualified and acted as such. But the 
ordinance establishing the board was not read three times, nor were the yeas and nays 
suspending the rules recorded: Held, that they were such board de facto, and their acts 
within the sphere of their office are valid and binding. Smith v. Lynch, 290 § 261. 
Sec. 10. [Term of office of members.] The term of office of the 
members of the board shall be three years from the date of appointment, 
except that those first appointed shall be classified as follows: Two to 
serve for three years, two for two years, and two for one year, and there- 
after two shall be appointed annually. (2114 ; 66 v. 201.) 
Sec. 11. [Board shall appoint health officer; may appoint clerk, 
etc ] The board snail appoint a health officer, who shall furnish his name 
and address and such other information as may be required by the state 
board of health; and may appoint a clerk, as many ward or district phy- 
sicians as it may deem necessary for the care of the sick poor, and such 
other persons as may be in need, and define their duties and fix their sal- 
aries ; and all such appointees shall serve during the pleasure of the board. 
(2115 ; 85 v. 59-60.) 
Sec. 12. [Suppression of nuisances by boards of health; registra- 
tion of marriages, births and deaths, etc.] The board of health may 
abate and remove all nuisances in the corporation, and assess the costs and 
expenses of the same upon the property w herein such nuisance is situated, 
which assessment when duly certified by the president of the board to the 
county auditor, shall become a lien, to be collected as other taxes in favor 
of the corporation; compel the owners, agents, assignees, occupants, or 
tenants of the lot, property, house or building upon or in which any nui- 
sance may be, to abate and remove the same; regulate the construction, 
arrangement, emptying, and cleaning of all water-closets and privy-vaults; 
create a complete and accurate system of registration of births, marriages, 
deaths, and interments occurring in such corporation, for the purposes of 
legal and genealogical investigations, and to furnish facts for statistical, 
scientific, and particularly for sanitary inquiries; and when complaint is 
made, or a reasonable belief exists, that an infectious or contagious disease 
prevails in any locality or house, the board may visit such locality or 
house, make all necessary investigations by inspsction, and on discover- 
ing that such infectious or contagious diseases exist, send the persons so 
diseased to the pest-house or hospital. (2116; 71 v. 159.) 
Sec. 13. [Registry of births, marriages and deaths in Cincinnati.] 
In cities of the first grade ol the first class, which, for this purpose alone, STATE BOARD OF HEALTH. 
9 
shall be co-extensive with the county, it shall be the duty of physicians 
and professional midwives to keep a registry of the several births at which 
they have assisted professionally, which registry shall contain the time of 
such birth, sex, and color of the child, and the names and residence of 
the parents. Clergymen and other persons authorized to solemnize mar- 
riages, shall keep a registry of all marriagessolemoized by them. Physicians 
who have attended deceased persons in their last illness, and undertakers 
and sextons who have buried deceased persons, shall keep a registry of the 
name and age of such persons, and their residence at the time of their 
death; and all such physicians, professional midwives, clergymen, and 
all persons author zed to solemnize marriages, undertakers and sextons, 
shall report to the board of health all births, marriages and deaths occur- 
ring within the limits of such city, as registered by them, which reports 
shall be made as often as the board of health may require. (2117; 82 v. 
177.) 
Sec. 14. [Duty of physicians, house-owners, etc., to give notice 
of prevalence of infectious diseases.] The owner, or agent of the owner, 
of a house in which a person resides who has the small-pox, or any other 
disease dangerous to the public health, and the physician called to attend 
the person so aflected, shall, within twenty-four hours after becoming cog- 
nizant of the fact, give notice thereof to the board of health ; and when a 
person, so affected, is removed to a pest-house, or hospital, the board of 
health is empowered to use all necessary means to restrain him of his lib- 
erty, until the danger of infection, or contagion, from such disease, ceases. 
(2118; 71 v. 159.) 
Sec. 15. [Permit to convey corpse.] No person shall convey a 
corpse to or from any city, without a permit from the board of health. 
(2119; 71 v. 159.) 
Sec. 16. [Health provisions; penalty for non-compliance.] Any 
person other than an officer, who fails to faithfully comply with any of 
the provisions of the four preceding sections, shall pay a fine not exceed- 
ing titty dollars. (2120; 83 v. 154) 
Sec. 17. [Punishment of infected person for escaping, etc.] A 
person removed to a p st house, or hospital, who willfully leaves or escapes 
therefrom, before the physician thereof issues a certificate of restored health, 
shall be fined not hss than five, nor more than fifty dollars, or impris- 
oned not less than one, nor more than ten days. (2i21; 66 v. 201.) 
Sec. 18. [Powers of boards of health.] The council may grant 
power to the board of health to make such orders and regulations as it 
may deem necessary for the public health and for the prevention of 
disease, and such orders and regulations shall have all the force and effect 
of ordinances of the corporation, and the council of cities of the second 
grade of the first class, and the council of cities of the third and fourth 
grade, second class, may grant power to the board of health to em- 
ploy such number of scavengers for the removal of swill, garbage and offal 
from the houses, buildings, yards, and lots within the city as it may deem 
necessary. (T891. March 3: 2122: 88 v. 71.1 
Sec. 19. [Duty as to Brothels, etc.] The board of health, in cities 
of the first class, and, when empowered by resolution of the council, in 
cities of the second class, are authorized and directed to enter brothels, 
and houses of assignation, and make enumerations, as often as they may 
deem necessary, of the name, age and color of the inmates therein, and IO 
MANUAL OF THE LAWS OF 
make a record thereof, in a book to be kept in the office of the board of 
health, open to the inspection of the members of the board, the police, 
and others. (2123; 66 v. 201.) 
Sec. 20. [Disposition of minor prostitute.] When a female, under 
the age of eighteen years, or believed to be under that age, is found in 
such brothel, or house of assignation, it shall be the duty of the board of 
health to return her to her home, if she has a home; and if such female 
has no home, then she shall be consigned to the house of refuge and cor- 
rection of the corporation, or such benevolent institution, established for 
the reformation of abandoned females, as the board of health may elect. 
(2124; 66 v. 202.) 
Sec. 21. [When females shall be treated as a vagrant.] No such 
female shall be consigned to a house of refuge and correction, or benevo- 
lent institution, against her will; but in case she declines the care and pro- 
tection tendered her, it shall be the duty of the board to report her to the 
mayor, or police court, forthwith, to be tried as a vagrant. (2125; 66 v. 
202.) 
Sec. 22. [Treatment of diseased female; expense thereof.] When 
a female is found in a house of ill-fame, or assignation, affected with 
contagious or infectious disease, and is removed to, or if such person apply 
for admission to, any hospital, or pest-house, for treatment, the costs of 
such removal, and the expense of boarding and washing, while in such hos- 
pital, or pest-house, shall be paid by the proprietor of the house of ill-fame, 
or assignation, from which such patient is removed, or in which she was 
last an inmate; such payment shall be made before the patient is dis- 
charged from such hospital, or pest-house; and the expense of boarding, 
washing, and medical attendance, shall be a lien upon the house and 
premises in which such female shall have been so found, which lien may 
be enforced as other liens for the security of money. (2126; 66 v. 202.) 
Sec. 23. [Suit for recovery of such expense.] If the proprietor of 
such house of ill-tame, or assignation, fails or refuses to pay such expense, 
legal proceedings shall be immediately instituted against him, and such 
-patient shall be held as a witness in the case. (2127; 66 v. 202.) 
Sec. 24. [Nuisances to be abated.] When any building, erection, 
excavation, premises, business, pursuit, matter, or thing, or the sewerage, 
drainage, or ventilation thereof, is, in the opinion of the board of health, 
in a condition dangerous to life or health, the board shall declare the same, 
to the extent it may specify, a public nuisance, or dangerous to life and 
health; and the board may order the same to be removed, abated, sus- 
pended, altered, or otherwise improved or purified, as in the order shall 
be specified, and shall cause the order, before its execution, to be served 
on the agent, owner, occupant, or tenant, or such of them as are in the 
corporation, and can be fouud. (212 8; 66 v. 202.) 
Sec. 25. [Temporary suspension of order or abatement.] If a 
party so served, before the execution of the order is commenced, apply to 
the board to have the order or its execution stayed or modified, it shall 
be the duty of the board to temporarily suspend or modify it, and to give 
the party, as the case, in the opinion of the board, may require, a reasona- 
ble and fair opportunity to be heard before the board, and to present proofs 
and facts against the declaration and the execution of the order, or in favor 
of its modification. (2129; 66 v. 202.) 
Sec. 26. [Modification or re-affirmation of order.] The board 
shall enter upon its minutes such facts and proofs as it may receive, and STATE BOARD OF HEALTH. 
11 
its proceedings on the hearing, and thereafter may rescind, modify, or re- 
affirm its former declaration and order, and require execution of the origi- 
nal or of a new or modified order, in such form as it may finally deter- 
mine. (2130; 66 y. 203.) 
Sec. 27. [Appointment of sanitary police by board of health.] 
The board of health shall have power to appoint as many persons for sani- 
tary duty as in its opinion the public health and sanitary condition of 
the corporation may require and such persons shall have general police 
powers, be known as the sanitary police, perform such duties for the pro- 
motion of the public health, and such other duties as the board of health 
may direct, and shall serve during the pleasure of the board. (2131; 71 
v. 160.) 
Sec. 28. [Appointment of sanitary police. Powers, duties and 
salaries.] In all cities of the second grade of the first class, the board of 
health shall have power to appoint as many persons for sanitary duty as 
in its opinion the public health and sanitary condition of the corporation 
may require, not exceeding one for each ten thousand inhabitants, as 
shown by the last police census in such cities; but the board shall have 
the power in cases of emergency, to appoint as many special sanitary 
police as it may think proper, and such appointees as special police shall 
serve during the pleasure of the board: and all such persons shall have 
general police powers, be known as sanitary police, shall be electors of 
such cities, and perform such duties as the board of health may direct; 
and for such services shall receive a salary, fixed by the board, or not less 
than seven hundred and eighty dollars per annum. Provided, that the 
sanitary police now in office shall not be removed except in the manner 
provided for by sec. 2132a. (2131a; 85 v. 60.) 
Sec. 29. [When such police shall be dismissed.] When, in the 
opinion of the board of health, the services of a member of the sanitary 
police is no longer required, he shall, on recommendation of the board of 
health, be returned to duty as a regular policeman, or be dismissed, as the 
mayor, or, in cities of the first and second grades of the first class, and 
cities of the first grade of the second class, the police commissioners may 
direct. (2132; 66 v. 203) 
Sec. 30. [Removals and suspensions generally.] In all cities of 
the second grade of the first cJass, the board of health may, tor cause to be 
assigned, on a public hearing, on due notice, and by the vote of a majority 
of all members elected, according to rules promulgated by it, remove or 
suspend from office, or for any definite time deprive from pay, any mem- 
ber of such sanitary police force or any employe of such board; and no 
employe of such board of health shall be dismissed for other reasons; it 
may make rules and regulations for the government and discipline of the 
employes, and cause the same to be published. (2132a; 85 v. 60.) 
Sec. 31. [Milk, meat, butter, and cheese inspectors.] The board 
of health may appoint such number of inspectors of milk and meat, and 
such number of inspectors of butter and cheese, and substances purport- 
ing to be butter or cheese, or having the semblance of butter or cheese, and 
as many market-masters and such other persons as may be necessary to 
carry out the provisions of this chapter, define their duties and fix their 
compensation; and such inspectors of milk shall keep, for public inspec- 
tion, a record of the names and places of business of all persons engaged 
in the sale of milk. (2133; 78 v. 188.) 12 
MANUAL OF THE LAWS OF 
Sec. 32. [Places where milk, butter, cheese, etc., are made sub- 
ject to inspection. Analysis of milk, butter.] All dairies, including the 
cows, cow-stables, milk-houses, and milk-vessels, the owners of which offer 
for sale within the limits of the corporation milk or butter manufactured 
by such owners, shall be subject to inspection by the inspectors, and also 
any manufactory of butter or cheese, or of substances having the semblance 
of butter or cheese, or placts where such substances or either of them are 
sold, shall be subject to inspection by the inspectors; that officer may 
enter any place where milk is sold or kept for sale, and all carriages us* d 
for the conveyance of milk within the corporate limits; and also any 
manufactory or place where butter or cheese, or substances having the 
semblance of butter or cheese are manufactured, or any place where such 
substances are sold or kept for sale within the corporate limits; and when- 
ever he has any reason to believe milk found therein is impure or adul- 
terated, or any butter or cheese, or substances having the semblance of but- 
ter or cheese found therein contain any impure, unwholesome or deleteri- 
ous substance, or is being sold or offered for sale under any false or decep- 
tive name or designation, that any butter or cheese not made from pure 
cream or milk, or any substance having the semblance of butter or cheese, 
is being sold or off'red for sale, wi'hout being branded or stamped, as re- 
quired by section 7090, he shall take specimens thereof and subject them 
to satisfactory tests; or, if the board of health so direct, to chemical 
analysis, the result of which he shall record and preserve as evidence, and 
a certificate of such result, sworn to by the analyst, shall be admissible in 
evidence in all prosecutions under this chapter, or any law of this state. 
(2134; 78 v. 188.) 
Sec. 33 [Powers of board of health; gratuitous vaccination, 
etc.] The board of health may take measures and supply ag-mts. and 
afford inducements and facilities for gratuitous vaccination and disinfec- 
tion, may afford medical relief to and among the poor of the corporation 
as in its opinion the protection of the public health may require, and dur- 
ing the prevalence of any epidemic may provide temporary hospitals for 
such purposes; and the said board is hereby required to inspect semi- 
annually, and oitener if in the judgment of the board, it shall be deemed 
nec* ssary, the sanitary condition ot all schools and school buildings within 
the limits of the c rporation. (2135 ; 80 v. 60.) 
Sec. 34 [Sanitary reports, its contents, etc ] It shall be the duty 
oftheboa’dol health, on or before the first Monday of March in each 
year, to make a report, in writing, to the council of the corporation, upon 
the sanitary condition and prospects of such city or village, which report 
shall contain the statistics of deaths, the action of the board and its officers 
and agents, and the names thereof for the past year; and it may contain 
other useful information, and the board shall suggest therein any fur.her 
legislative action deemed proper for the better protection of life and 
health. (2136; 66 v. 203.) 
Sec. 35. [Penalty for violating order of board of health ] Who- 
ever violates any provision of this chapter, or any order of the board of 
health made in pursuance thereof, or obstructs or interferes with the exe- 
cution of anv such order, or willfully and illegally omits to obey any 
such order, shall be fined in any sum not exceeding one hundred dollars, 
or imprisoned for any time not exceeding ninety days, or both; but no 
person shall be imprisoned under this section for the first offense. (2137; 
66 v. 203.) STATE BOARD OF HEALTH. 
13 
Sec. 36. [Violation by a corporation.] If such violation, obstruc- 
tion, interference, or omission be by a corporation, it shall forfeit and pay 
to the proper city or village, any sum not exceeding one hundred dollars, 
at the discretion of the court, to be collected in a civil action brought in 
the name of such city or village; and any officer of such corporation con- 
senting to such violation, shall be subject to imprisonment as above pro- 
vided. (2138; 66 v. 204.) 
Sec. 37. [Prosecutions, how instituted.] Prosecutions under this 
chapter, and the civil action provided lor in the preceding section, shall 
be instituted before any tribunal within the municipal corporation har- 
ing jurisdiction thereof. (2139; 66 v. 204.) 
Sec. 38. [Provision for expenses of board of health.] When ex- 
penses are incurred by the board of health, under the provisions of this 
chapter, it shall be the duty of the council, upon application and certificate 
from the board of health, to pass the necessary appropriation ordinances 
to pay the expenses so incurred and certified; and the council is hereby 
empowered to levy, subject to the restrictions contained in the ninth di- 
vision of this title, and set apart, the necessary sum to carry into effect the 
provisions of this chapter. (2140; 71 v. 160.) 
Sec. 39. [Board of police commissioners in certain cities to act as 
board of health.] In cities of the third grade of the first class and in 
cities of the first grade of the second class, there shall be no board of health, 
but the board of police commissioners in such cities shall exercise all the 
powers and perform all the duties of the boards of health and mayors as pro- 
vided in this chapter. (1890, March 26 ; 2141; 87 v. 118.) 
Sec. 40. [Health officers of cities or villages may establish quaran- 
tine stations.] Any city or village having a board of health, or “the 
standing committee on health of any city or village council, who may do 
and perform all the duties of a boird of health, as prescribed in this chap- 
ter,” or a health officer mav establish a quarantine ground or grounds, 
within or without its own limits; but if such place be without its limits, 
and within the limits of any other municipal corporation, the consent of 
the corporation within the limits of which it is proposed to establish such 
quarantine shall be first obtained. (2142; 79 v. 53.) 
Sec. 41. [Railroads, vessels, etc., maybe subjected to quarantine.] 
The board of health or the health officer may, in times of epidemics, or 
threatened epidemics, establish a quarantine on vessels, railroads, or any 
class of vehicles used for the purpose of transporting passengers, baggage, 
or freight, may make such rules or regulations as may be deemed wise and 
necessary for the protection of the health of the people of the community 
or state. (2143; 76 v. 69.) 
Sec. 42. [Effect of declaring quarantine.] Whenever quarantine 
is deciared, all railroad and steamboat corporations, and the owners, con- 
signees, or assignees of any railroad, steamboat, stage, or other vehicle used 
for the transportation of passengers, baggage, or freight, shall submit to 
any rules or regulations imposed by such board of health or health officer; 
they shall submit to any examination required by the health authorities 
respecting any circumstance or event touching the health of the crew and 
passengers, and the sanitary condition of the baggage and freight; and any 
owner, consignee, or assignee, or other person interested as aforesaid, who 
makes any unfounded declaration respecting the points under examina- 
tion, shall, upon conviction thereof before any court or justice of the 
peace, be fined not more than one hundred dollars or imprisoned not MANUAL OF THE LAWS OF 
more than six months, or both; and all fines thus collected, less costs,, 
shall be turned over to the sanitary fund of the city or village where such 
quarantine may be established. (2144; 76 v. 69.) 
Sec. 43. [To whom and what quarantine rules shall apply.] All 
rules and regulations passed by the board of health or health olfictr, shall 
apply to all persons, goods, or effects arriving by railroad, steamboat, or 
other vehicle of transportation, after quarantine is declared. (2145 ; 76 
v. 69.) 
Sec. 44. [Needful buildings may be erected.] The board of health 
or health officer shall be authorized to erect any temporary wooden 
buildings or field hospitals deemed necessary for the isolation and protec- 
tion of persons or freight supposed to be infected; but such place shall be 
constantly guarded by a competent force of at least three sanitary officers. 
(2146; 76 v. 69.) 
Sec. 45. [Sanitary inspectors may be appointed.] The board of 
health or health officer may appoint, during the time of quarantine, a 
sufficient number of sanitary inspectors, the salaries of whom shall be 
fixed by the council. (2147; 76 v. 69.) 
Sec. 46. Power of council to borrow money and levy taz therefor in 
time of epidemic or threatened epidemic.] In case of any epidemic or 
threatened epicemic, the council shall have power to borrow until such 
times as the next levy and collections thereof be made, and at a rate 
of interest not to exceed six per cent., any sum of money that the board 
of health and council may deem necessary to defray the expenses of the 
aforesaid quarantine. (2148; 76 v. 69.) 
Sec. 47. [Eight of visitation.] The general assembly of Ohio, by a 
committee, the governor of the state, the council of the corporation by a 
committee, the mayor or police judge of the corporation, the board of 
health of the corporation, the judge of any court of this state, and the 
grand jury of the county, may, at any time, visit and inspect any of the 
benevolent or correctional institutions established by any municipal cor- 
poration, and examine the books and accounts of the same. (1544; 66 
v. 272.) STATE BOARD OF HEALTH. 
15 
DIVISION II. 
Relating to JMuisances. 
Sec. 48. [Powers of municipal corporations to fill lets, remove 
obstructions, etc.] All municipal corporations shall have power to cause 
any lot of land within their limits on which wrater at any time becomes 
stagnant, to be filled up or drained, and to cause all putrid substances to 
be removed from any lot, and to cause the removal of all obstruciions from 
all culverts or covered drains on private property, laid in any natural 
water-course, creek, brook or branch where the same obstructs the wrater 
naturally flowing therein, causing it to flow back or become stagnant, in 
a wTay prejudicial to the health, comfort or convenience of any of the cit- 
izens of the neighborhood; and it such culverts or drains be of insuffi- 
cient capacity, to cause the same to be made of such capacity as reasonably 
to accommodate the flow of such tvater at all times therein ; and the 
council may direct, by resolution, the owner to fill up or drain such lot, 
remove sued putrid substance, or remove such obstructions, and if neces- 
sary enlarge such culverts or covered drains to meet the requirements 
thereof. (2149; 81 v. 37.) 
Sec. 49. [Duty of owner to comply with direction.] It shall be 
the duty of such owner, or his agent or attorney, after service of a copy 
of such resolution, or after a publication of the same in some newspaper 
of general circulation in such corporation for two consecutive weeks, to 
comply with the directions of the resolution within the time therein 
specitied. (2150; 66 v. 225.) 
Sec. 50. [To bo done at owner's expense, in case of refusal or 
nefflect, etc. 1 In case of failure or refusal to comply with the resolution, 
the work required thereby may be done at the expense of the corporation, 
and the amount of money so expended shall be recovered from the owner 
before a justice of the peace, or other court of competent jurisdiction ; and 
such expense shall, from the time of the adoption of the resolution be a 
lien on such lot, which may be enforced by suit in the court of common 
pleas ot' the proper county; and like proceedings nny be had as directed 
in relation to the improvement ol streets. (2151; 66 v. 225 ) 
Sec. 51. [Duty of health officers to enforce provisions of this chapter.] 
It shall be the duty of the officers connected with the health depariment 
of every such municipal corporation, to see that the provisions of this 
chapter are strictly and promptly eniorced. (2152.) 
Sec. 52. [Offensive and noisy factories not to be erected or carried on 
within certain distance of any benevolent institution.] It is unlawful for 
a pers m or an incorporated company to erect or carry on, within one 
hundred and twenty rods of Longview asylum, or any state benevolent 
institution, any rolling mill, blast furnace, nail factory, copper smelting 
works, boiler factory, petroleum oil refinery, slaughter house, tallow chand- 16 
MANUAL OF THE LAWS OF 
lery, or glue, soap, or starch factory, or any other works or business pro- 
ductive of unwholesome or noxious odors or gases, or loud noises, which 
may annoy or endanger the health, or interfere with the proper treatment 
of the inmates of such institution; but it is lawful for a person to file bis 
petition in the court of common pleas in any county wherein such an 
institution is located, setting forth his desire to erect or carry on at less dis- 
tance than that prohibited herein, naming the precise point, any of the 
establishments hereinbefore named, or any other works which might have 
a tendency to generate unwholesome or noxious odors, or in any way an- 
noy or endanger the health or prevent the recovery of inmates of said 
institution, and the reasons and circumstances, in his opinion, why the 
erection or carrying on thereof would not so annoy or endanger the health 
or convenience, or endanger the recovery of the inmates of said institu- 
tion ; and shall give notice in some newspaper ol general circulation in 
such county, of the pendency and prayer of such peiition, for at least six 
consecutive weeks previous to the term of the court next to be held 
therein, and shall also serve a written notice upon the superintendent of 
the institution, at least thirty days before the day set for the hearing of 
the petition; thereupon, if, upon the hearing of the petition, it appears 
that due notice has been given, as herein required, and the court is of 
opinion that there exists no good reason wby such establishment may 
not be so erected or carried on, and that by the erection or carrying on 
thereof at the point named, such institution will sustain no detriment, 
the court may issue an order granting the prayer of the petitioner; and 
thereafter he may proceed to locate such establishment or carry on such 
business at the point named in his petition, the same as if this section 
had not been passed. (624; 63 v. 96.) 
Sec. 53. [Corporations may be prosecuted for nuisance; court to order 
nuisance abated.] Corporations may be prosecuted by indictment for vio- 
lation of any of the provisions of sections 6921, 6922, 6923, 6924, 6925 and 
6926 and in every case of conviction under said sections the court shall 
adjudge ihat the nuisance described in the indictment be abated or 
removed, and may issue an order to the sheriff to execute such judgment 
at the cost and expense of the defendant. (6919; 54 v. 130.) 
Sec. 54. [When certain nuisances deemed to have been committed; 
continuance of, a separate offense.] All offense charged under either of 
said sections shall be construed and held to have been committed in any 
county whose inhabi'ants are or have been injured or aggrieved thereby; 
and ihe continuance of any nuisance for five days after prosecution cf m- 
menced therefor shall be deemed an additional offense. (6920; 63 v. 102.) 
Sec. 55. ‘[Inspector of nuisances; when and by whom appointed; 
powers, duties, etc.] The county commissioners of any county, whenever 
there is a violation of any of the provisions of either of said sections 
named in section 6919, are authorized to employ and reasonably compen- 
sate, at such times as they may deem proper, one inspector of nuisances 
who shall be vested with police powers, and shall be authorized to exam- 
ine all cases of violation of the provisions of said sections, and for such pur- 
pose and for the purpose of obtaining evidence, he shall be fully author- 
ized and empowered to enter upon the premises of any person in any 
county, and it shall be the duty of such inspector to make or cause to be 
made a complaint and to institute prosecution against any person or cor- 
poration violating the provision of either of said sections, and such in- STATE BOARD OF HEALTH. 
17 
spector shall not be required in the prosecution of any such proceeding to 
give security for costs. (1890, April 28 : 6920a; 87 v. 350.) 
Sec. 56. [Prosecuting attorney made legal advisor of inspector; com- 
pensation.] The prosecuting attorney shall be the legal advisor ot such 
inspector and the attorney in all such prosecutions, and in lieu of any per- 
centage on fines and costs, he shall be allowed a compensation for such 
services by the county commissioners, to be paid out of the county treas- 
ury. (1890, April 28 : 69206; 87 v. 351.) 
Sec. 57. [Judgment for fine and costa: how collected.] A judgment 
for fine and costs rendered against any person or corporation for the viola- 
tion of the provisions of either of said sections mentioned in said section 
6919, when the defendant has no property, or when the defendant has not 
a sufficient amount of property within the county upon which to levy to 
satisfy such judgment and costs, maybe enforced and collected in the 
same manner as judgments are collected in civil cases, upon execution 
duly issued from any such court to any sheriff of any county of the State. 
(1890, April 28: 6920c; 87 v.351.) 
Sec. 58. [Summons and indictment against corporations.] When an 
indictment is presented against a corporation, a summons commanding 
the sheriff to notify the accused thereof, and returnable on the seventh 
day after its date, shall issue on the precipe of the prosecuting attorney; 
such summons, together with a copy of the indictment, shall be served 
and returned in the manner provided for service of summons upon such 
corporation in civil actions; and if the service can not be made in the 
county where the prosecution began, then the sheriff1 may make service in 
any county of the state upon either its president, secretary, superintend- 
ent, clerk, cashier, treasurer, managing agent, or other chief officer, or by 
a copy left at any general or branch office, or usual place of doing busi- 
ness of such corporation, with the person having charge thereof; the cor- 
poration, on or before the return day of a summons duly served, may ap- 
pear by one of its officers, or by counsel, and answer to indictment by 
motion, demurrer or plea, and upon its lailure to make such appearance 
and answer, the clerk shall enter a plea of “ not guilty;” and upon such 
appearance being made, or plea entered, the corporation shall be deemed 
thenceforth continuouslv present in court until thecase is finally disposed 
of. (1890, April 28: 7231; 87 v. 351.) 
Sec. 59. [Nuisances.] Whoever erects, continues, uses, or maintains, 
any building, structure, or place for the exercise of any trade, employment, 
or business, or for the keeping or feeding of any animal, which, by 
occasioning noxious exhalations, or noisome or offensive smells, becomes 
injurious to the health, comfort, or property of individuals, or the public, 
or causes or suffers any offal, fil h, or noisome substance to be collected, or 
to remain, in any place, to the damage or prejudice of others, or the public, 
or obstructs or impedes, without legal authority, the passage of any navi- 
gable river, harbor, or collection of water, or corrupis, or renders unwhole- 
some or impure, any water course, stream, or water, or unlawfully diverts 
any such water-course from its natural course or state, to the injury or 
prejudice of others, or obstructs or incumbers, by fences, buildings, struct- 
ures, or otherwise, any public ground or highway, or any street or alley 
of any municipal corporation, shall be fined not more than five hundred 
dollars. (6921; 72 v. 112.) 
Sec. 60. [Creating artificial ponds and stagnant waters.] Whoever 
builds, erects, continues, or keeps up, any dam or other obstruction, in MANUAL OF THE LAWS OF 
any river or stream of water, and thereby raises an artificial pond, or pro- 
duces stagnant water, which is manifestly injurious to the public health 
and safety, shall be fined not more than five hundred dollars. (6922; 29 v. 
144.) 
Sec. 61. [Unlawful deposit of dead animals, offal, etc., into or upon 
land or water.] Whosoever puts the carcass ot‘ any dead animal, or the 
ofial from any slaughter-house, or butcher’s establishment, packing-house, 
or fish-house, or any spoiled meat, or spoiled fish, or any putrid substance, 
or the contents of any privy vaults, upon or iuto any Jake, river, bay, 
creek, pond, canal, road, street, alley, lot, field, meadow, puolic ground, 
market space or common, and whoever being the owner or occupant of 
any such place, knowingly permits any such thing to remain therein, to 
the annoyance of any of the citizens of this state, neglects or refuses to re- 
move or abate the nuisance occasioned thereby, within twenty-four hours 
after knowledge of the existence of such nuisance upon any of the above 
described premises, owned or occupied by him, or after notice thereof in 
wriiing, from any supervisor, constable, trustee or health officer of any 
municipal corporation or township in which such nuisance exists, or 
from a county commissioner of such county, shall be fined not more than 
fifty dollars nor less than ten dollars, and pay the cost of prosecution, and 
in default of the payment of said fine and costs, be imprisoned not more 
than thirty days, but the provisions hereinbefore made shall not prohibit 
the depositing of the contents of privy vaults and catch basins into trench- 
es or pits not less than three (3) feet deep, excavated in any lot, field or 
mealow, the owner thereof consenting outside the limits of any municipal 
corporation, and not less than thirty rods distant from any dwelling, well 
or spring of water, lake, bay or pond, canal, run, creek, brook or stream of 
wabr, public road or highway; provided, said contents deposited in said 
trenches or p ts are imm diately thereafter covered with dry earth to the 
depth of at least twelve inches; nor shall said provisions prohibit the de- 
positing of said contents into furrows situate and distinct, as specified for 
said trenches or pits; provided, the same are immediately thereafter 
wholly covered with dry earth by plowing or otherwise; and provided, 
also, that the owner or occupant of the land in which said furrows are 
plowed consents, and is a party thereto ; provided, also, that the board 
of health of any municipal corporation may al!ow said contents to be de- 
posited within the corp >rate limits into trenches or pits or furrows, situ- 
ate, distant and to be covered as aforesaid. (1890, April, 20: 6923 ; 87 v.. 
349.) 
Sec. 62. [Certain business and buildings are nuisances when near state 
benevolent institutions.] Whoever carries on the business of slaughtering, 
or tallow chandlery, or manufacturing glue, soap, starch, or other article, 
the manufacture of which is productive of unwholesome or noxious odors, 
in any building or place within one mile of Longview asylum, or any of 
the state benevolent institutions, or erects, within one hundred and 
twenty rod-* of any state benevolent institution, any rolling-mill, blast 
furnace, nail factory, copper smelting works, boiler factory, petroleum oil 
refinery, or any other works which may g-nerate unwholesome or noxious 
odors, or make 1- ud noises, or which may annoy, or endanger the health 
or prevent the recovery of the inmates of any such ins'itution. shall be 
fined not more than five hundred nor less than one hundred dollars; all 
property, real <>r personal, which is used with the knowledge of the owner 
thereof m violation of this section, shall be liable for the fines and costs 
assessed for such violation, without exemption. (6924; 63 v. 96.) STATE BOARD OF HEALTH. 
19 
Sec. 63. [Permitting emptying of coal dirt, petroleum, etc., into riv- 
ers, etc.; penalty.] Whoever intentionally throws or deposits or permits 
to be thrown or deposited, any coal dirt, coal slack, coal screenings, or coal 
refuse from coal mines, or any refuse or filth from any coal oil refinery or 
gas works, or any whey or filthy drainage from a cheese factory, upon 
or into any of the rivers, lakes, ponds, or streams of this state, or upon or 
into any place from which the same will wash into any such river, lake, 
pond or stream; or whoever shall, by himself, agent or employe, cause, 
sutler or permit any petroleum or crude oil, or refioed oil or refuse matter 
or filth from any oil well, or oil tank, or oil vat, or place of deposit of 
crude or refined oil, to run into, or be poured, or emptied, or thrown into 
any river, or ditch, or drain, or water course, or into any place from which 
said petroleum, or crude oil, or refuse matter, or filth or refined oil may 
run or wash, or does run or wash into any such river, or ditch, or drain, or 
water-course, shall be fined in any sum not more than one thousand dol- 
lars nor less than fifty dollars; and such fine and costs of prosecution shall 
be and remain a lien on said oil well, oil tank, oil refinery, oil vat 
and place of deposit, and the contents of said oil well, oil tank, oil refinery, 
oil vat or place of deposit, until said fine and costs are paid; and said oil 
well, oil tank, oil refinery, oil vat or place of deposit, and the contents 
thereof, may be sold for the payment of such fine and costs, upon execu- 
tion duly issued for that purpose. (1890, April 28: 6925 ; 87 v. 351.) 
Sec. 64. [Obstructing ditch, drain or water-course.] Whoever will- 
fully obstructs any ditch, drain or water-course constructed by proceedings 
before any board of county commissioners or township trustees, or diverts 
the water therefrom, shall be fined not more than one. hundred nor less 
than ten dollars. (6926; 72 v. 150.) 
Sec. 65. [Befouling well, spring, etc.] Whoever maliciously puts 
any dead animal, carcass, or part thereof, or any other putrid, nauseous, 
noisome, or offensive substance, into, or in any manner befouls, any well, 
spring, brook, or branch of running water, or any reservoir of water-works, 
ot which use is or may be made for domestic purposes, shall be fined not 
more than fifty nor less than five dollars, or imprisoned not more than 
sixty days, or both. (6927; 70 v. 12.) 
If an individual erects a mill-dam which causes disease and sickness, he is responsi- 
ble to individual sufferers in an action on the case for a nuisance. In such a case it is 
no defense that the injury affects the whole neighborhood. Nor is the civil remedy 
merged by an indictment and conviction. [Story v. Hammond, 4 O. R., 376.] 
A city erecting and controlling a work house is liable in damages for the corruption 
of a water course into which it has run the sewage of the institution, just as a private 
individual would be liable. [Cleveland v. Beaumont, 4 Bull. 345; 2 Clev. Rep. 172.] 
The power of creating municipal corporations necessarily implies authority to con- 
fer upon them such police powers as may be necessary for their internal government; 
and a r* solution under the municipal act of 1852 directing lot owners “ to fill and drain 
their lots in such manner as shall be necessary to remove all stagnant water,” being a 
reasonable sanitary measure, was not in conflict with the constitution. [Bliss v. Kraus, 
16 O. S. 54.] 
The judgment required by the statute, upon conviction for maintaining a nuisance, 
under the act of April 15, 1857, can not be dispensed with upon a showing that the nui- 
sance does not exist at the time of rendering the judgment. The order to abate does not 
issue as a matter of course. If the nuisance has ceased, the order will notissue. [Smith 
v. State, 22 O. S. 539 ; Matthews v. State, 25 O. S. 536.] 
A creek known by the name of the Middle Fork of Beaver, and also by the name of 
the Middle Fork of Little Beaver, is sufficiently described in an indictment by the first 
name alone. [Bossert v. State, W. 113.] MANUAL OF THE LAWS OF 
DIVISION III. 
RELATING TO 
Food, Drugs and tkeir Adulteration 
DAIRY AND FOOD COMMISSIONER. 
Sec. 66. [Ohio dairy and food commissioner: election of, salary and 
expenses,] That there is hereby created the office of dairy and food 
commissioner of the state of Ohio. Said commissioner shall be elected by 
the qualified electors of the state of Ohio, under and in pursuance ot the 
general election laws of the state of Ohio, at the general election held on 
the first Tuesday after the first Monday in November, A. D. 1891, a dairy 
and food commissioner who shall take his office on the first Tuesday after 
the first Monday in May after his election, who shall serve for two years 
or until his success >r is elected and qualified; his salary shall be twelve 
hundred dollars per year and his necessary and reasonable expenses 
incurred in the discharge of his official duties under tLis act, to be 
paid at the end of each calendar month on presentation of vouchers 
properly itemized and certified by him to be correct; said expenses to be 
paid out of the general revenue fund, but not to exceed six hundred dol- 
lars in any one year. (1891, May 1: 8035-272; 88 v. 496.) 
Sec. 67. [General duties of himself and assistants.] It shall be the 
duty of said commissioner or assistant commissioner, to inspect articles 
of butter, cheese, lard, syrup, or other article of food or drinks, made or 
offered for sale in the state of Ohio, as an article of food or drink, and 
to prosecute or cause to be prosecuted, any person or persons, firm or firms, 
corporation or corporations, engaged in the manufacture or sale of any 
adulterated article or articles of food or drink, or adulterated in violation 
of, or contrary to any laws of the state of Ohio. (8035-273; 84 v. 205 ) 
Sec. 68. [Powers.] The said commissioner, or any assistant com- 
missioner, shall have power in the performance of their duty to enter into 
any creamery, factory, store, salesroom, drug store or laboratory, or place 
where they have reason to believe food or drink are made, prepared, sold, 
or offered for sale, and to examine their books, and to open any cask, tub, jar, 
bottle or package, containing or supposed to contain any article of food 
or drink, and examine or cause to be examined and analyzed the contents 
thereof, and it shall be the duty of any prosecuting attorney in any county 
of the state, when called upon by said commissioner or assistant commis- 
sioner, to render him any legal assistance in his power, to execute the 
laws, and to assist in the prosecution of cases, arising under provisions of 
this act. (8035-274; 84 v. 205.) STATE BOARD OF HEALTH. 
21 
Sec. 69. [Assistant commissioners. Expert chemists.] Said commis- 
sioner may appoint not more than two ass stant commissioners, whose 
salaries shall be one thousand dollars each, per annum, and their neces- 
sary and reasonable expenses incurred in the discharge of their official 
duties, payable in time and manner like that of the commissioner and on 
itemized vouchers approved by the said commissioner. The said com- 
missioner shall hare power to appoint three expert chemists to be of 
acknowledged standing, ability and integrity, to examine and analyze 
samples of food and drink, or of drugs or medicines submitted to them by 
the commissioner or assistant commissioners. The compensation of said 
expert chemists shall be tor the actual number of determinations or ex- 
aminations required and made, and shall not exceed for each determina- 
tion or examination two-thirds the price usually paid experts for a single 
determination or examination of a similar kind. The compensation of 
said expert chemists shill be paid at the end of each quarter of the 
calendar year, on itemized vouchers certified to by said commissioner, 
which said amount of expenses shall not exceed, in any one year for the 
three expert chemis s combined, the sum of one thousand dollars, the 
sum to be paid out of the general revenue fund. (1891, May 1 : 8035-275; 
88 v. 497.) 
Sec. 70. [Fines.] All fines assessed or collected under prosecutions, 
begun or caused to be begun by the said commissioner or assistant commis- 
sioners, shall be paid into the state treasury. (8035-276; 84 v. 205.) 
adulteration defined. 
Sec. 71. [Adulterated drug or food,] No person shall, within this 
state, manufacture for sale, offer for Sale, or sell any drug or article of food 
which is adulterated, within the n eaning of this act. (7458-7; 81 v. 67 ) 
Sec. 72. [Term drug defined.] The term “drug,” as used in this 
act, shall include ail medicines lor internal or external use, antisep’ics, 
disinfectants and cosmetics. The term “ food,” as used herein, shall in- 
clude all articles usud for food or drink by man, whether simple, mixed 
or compound. (7458-8; 81 v. 67 ) 
Sec. 73. [When drugs and food deemed adulterated.] An article shall 
be deemed to be adulterated within the meaning ot this act: 
(а) In the of drugs: (1) If, when sold under or by a name 
recognized in the United Spates Pharmac *poeia, it differs from the stand- 
ard of strength, quality or purity laid dowrn therein; (2) If, when sold 
under or by a name not recognized in the United States Pharmacopoeia 
but which is found in some other pharmacopoeia, or other standard work on 
materia medica, it differs materially trom the standard of strength, quality, 
purity la d down in such work ; (3) If its strength, quality, or purity 
falls below the professed standard under which it is s'old. 
(б) In the case of food: (1) If any substance or substances have 
been mixed with it, so as to lower or depreciate, or injuriously affect its 
quality, strength, or purity ; (2) If any inferior or cheaper substance or 
substances have been substituted wholly or in part for it; (3) If any 
valuable or necessary constituent or ingredient has been wholly or in 
part abstracted from it; (4) If it is an imitation of, or is sold under the 
name of another article; (5) If it consists wholly, or in part, of a 
diseased, decomposed, putrid, infected, tainted or rotten animal or veg- 2 2 
MANUAL OF THE LAWS OF 
etable substance or article, whether manufactured or not—or, in the case 
of milk, if it is the produce of a diseased animal; (6) If it is colored, coated, 
polished or powdered, whereby damage or inferiority is concealed, or if 
by any means it is made to appear better or of greater value than it really 
is; (7) If it contains any added substance or ingredient which is poison- 
ous or injurious to health; provided, that the provisions of this act shall 
not apply to mixtures or compounds recognized as ordinary articles or 
ingredients of articles of food, if each and every package sold or offered 
for sale be distinctly labeled as mixtures or compounds, with the name 
and per cent, of each ingredient therein, and are not injurious to health. 
(1890, April 22: 7458-9; 87 v. 248.) 
Sec. 74 [Sample may be demanded for analysis.] Every person manu- 
facturing, offering or exposing for sale, or delivering to a purchaser, any 
drug or article of food included in the provisions of this act, shall furnish 
to any person interested, or demanding the same, who shall apply to him 
for the purpose, and shall tender him the value of the same, a sample 
sufficient for the analysis of any such drug or article of food which is in 
his possession. (7458-10; 81 v. 68.) 
Sec. 75. [Penalties.] Whoever refuses to comply, upon demand, 
with the requirements of section four [7458-11], and whoever violates any 
of the provisions of this act, shall be guilty of a misdemeanor, and upon 
conviction shall be fined not exceeding one hundred dollars nor less than 
twenty-five dollars, or imprisoned not exceeding one hundred nor less 
than thirty days, or both. And any person found guilty of manufactur- 
ing, offering for sale or selling an adulterated article of food or diug under 
the provisions.of this act, shall be adjudged to pay in addition to the pen- 
alties hereinbefore provided for, all necessary costs and expenses incurred 
in inspecting and analyzing such adulterated articles of which said person 
may have been found guilty of manufacturing, selling or offering for sale. 
(7458-11; 81 v. 68.) 
DAIRY PRODUCTS. 
Sec. 76. [Regulating the sale of milk.] Whoever, by himself or by 
his servant, or agent, or as the servant or agent of any other person, sells, 
exchanges or delivers, or has in his custody or possession with intent to 
sell or exchange, or exposes or offers for sale or exchange, adulterated milk, 
or milk to which water or any foreign substance has been added, or milk 
from diseased or sick cows, shall, for a first offense, be punished by a fine 
of not less than fifty nor more than two hundred dollars; for a second 
offense, by fine of not less than one hundred dollars nor more than three 
hundred dollars, or by imprisonment in the work-house for not less than 
thirty nor more than sixty days; and for a subsequent offense, by fine of 
fifty dollars, an$ by imprisonment in the work-house of not less than 
sixty nor more than ninety days. (7458-12; 86 v. 229.) 
Sec. 77. [Pure milk.] Whoever, by himself or by his servant or 
agent, or as the servant or agent of any other person, sells, exchanges or 
delivers, or has in his custody or possession, with intent to sell or ex- 
change, or exposes or offers for sale as pure milk, any milk from which the 
cream or part thereof has been removed, shall be punished by the penal- 
ties provided in the preceding section. (7458-13; 86. v. 229.) 
Sec. 78. [Skimmed milk.] No dealer in milk, and no servant or 
agent of such a dealer, shall sell, exchange, or deliver, or have in his cus- STATE BOARD OF HEALTH. 
23 
tody or possession, with intent to sell, exchange or deliver, milk from 
which the cream or part thereof has been removed, unless in a conspicu- 
ous place, above the center, upon the outside of every vessel, can or pack- 
age, from which or in which such milk is sold, the words “skimmed milk” 
are distinctly marked in uncondeneed gothic letters not less than one inch 
in length. Whoever violates the provisions of this section shall be pun- 
ished by the penalties provided in section 7458-12. (7458-14; 86 v. 229.) 
Sec. 79. [Adulterated milk defined.] In all prosecutions under this 
chapter, if the milk is shown upon analysis, to contain more than eighty- 
seven per cent, of watery fluid, or to contain less than twelve and one- 
half per cent, solids, nor [not] less than one-fourth of which must be fat, 
it shall be deemed, for the purpose of this chapter, to be adulterated, and 
not of good standard quality, except during the months of May and June, 
when milk containing less than twelve per cent, of milk solids shall be 
deemed to be not of good standard quality. (1891, January 30; 88 v. 12.) 
Sec. 80. [Restrictions on sale of artificial dairy products.] No per- 
son shall sell, expose or offer for sale or exchange, any substance purport- 
ing, appearing, or represented to be butter or cheese; or having the sem- 
blance of either butter or cheese, which substance is not made wholly 
from pure milk, or cream, salt and harmless coloring matter, unless it is 
done under its true name, and each vessel, package, roll or parcel of such 
substance has distinctly and durably painted, stamped, stenciled or 
marked thereon the true name of such substance in ordinary bold faced 
capital letters, not less than five-line pica in size, and also the name of 
each article or ingredient used or entering into the composition of such 
substance, in ordinary bold faced letters, not [less] than pica in size, or 
sell or dispose of in any manner to another any such substance without 
delivering with each amount sold or disposed of, a label on which is 
plainly or legibly printed in ordinary bold faced capital letters, not less 
than five-line pica in size, the true name of such substance, and also the 
name of such articles used and entering into the composition of such sub- 
stance in ordinary bold faced letters, not less than pica in size, if the same 
be not made wholly from pure milk, or cream, salt and harmless coloring 
matter; and the words “ butter,” “creamery,” or “dairy,” or any word or 
combination of words embracing the same, shall not be placed on any ves- 
sel, package, roll or parcel containing any imitation dairy product pr sub- 
stance not made wholly from pure milk, or cream, salt, and harmless col- 
oring matter. (7090-1; 84 v. 182.) 
Sec. 81. [Restrictions on manufacture of] No person or persons 
shall manufacture out of any oleaginous substance or substances, or any 
compound of the same other than that produced from unadulterated milk 
or cream, salt and harmless coloring matter, any article designed to be 
sold as butter or cheese made from pure milk or cream, salt and harmless 
coloring matter. Nothing in this section shall prevent the use of pure 
skimmed milk in the manufacture of cheese. (7090-2; 83 v. 178.) 
Sec. 82. [Further restrictions on manufacture, sale of, etc.] No per- 
son or persons shall manufacture, mix, compound with or add to natural 
or pure milk, cream, butter or cheese, any animal fats, animal, mineral or 
vegetable oils, nor shall?any person or persons manufacture any oleaginous 
or other substance not produced from pure milk or cream, salt and harm- 
less coloring matter, or have the same in his possession, or offer or expose 
the same for sale or exchange with intent to sell or in any manner dispose 
of the same as and for butter and cheese made from unadultered milk or MANUAL OF THE LAWS OF 
cream, salt and harmless coloring matter, nor shall any substance or com- 
pound so made be sold or disposed of to any one as and for butter or 
cheese made from pure milk or cream, salt and harmless coloring matter. 
(7090-3; 83 v. 179.) 
Sec. 83. [False brands and labels.] No person or persons shall sell, 
exchange, expose or offer for sale or exchange, dispose of or have in his 
possession any substance or article made in imitation or resemblance of, 
or as a substitute for any dairy product which is lalsely branded, stenciled, 
labeled or maiked as to the place where made, the name or cream value 
thereof, its composition or ingredients, or in any other respect. (7090-4; 
83 v. 179.) 
Sec. 84. [Brands, continued; skimmed milk cheese, [No person or 
persons shall sell, exchange, expose or offer for sale or exchange, dispose 
of or have in his possession any dairy products which are fait el y branded, 
stenciled, labeled or marked as to the place where made, date ot manufac- 
ture, the name or cream value thereof, composition or ingredients, or in 
any other respect, and cheese wholly made Irorn skimmed milk shall have 
branded upon the box or can “ made from skimmed milk.” (7090-5; 83 
v. 179.) 
Sec. 85. [Card to be displayed by dealers in artificial dairy prod- 
ucts ; sale of less than original package.] Every person in this state 
wrho shall deal in, keep for sale, expose or offer for sale or exchange, any 
substance other than butter or cheese made wholly from pure milk or 
cream, salt and harmless coloring matter, which appears to be, resembles 
or is made in imitation of, or as a substitute for butter or cheese, shall, 
keep a card not less in size than ten by fourteen inches, in a conspicuous 
and visible place where the same may be easily seen and read in the store, 
room, stand, booth, wagon or place where such substance is, on which 
card shall be printed, on a white ground, in bold, black, Roman letters, 
not less in size than twelve-line pica, the words, “oleomargarine’' or “im- 
itation cheese,” (as the case may be), “sold here,” and said card shall not 
contain any other words than the ones above prescribed; and no person 
shall sell any oleomargarine, suine, imitation cheese, or other imitation 
dairy product, at retail or in any quantity less than the original package, 
tub or firkin, unless he shall fir-1 inform the purchaser that the substance 
is not butter or cheese, but an imitation of the same. (7090-6; 85 v. 74.) 
Sec. 86. [Card to be displayed by keepers of hotels, restaurants, 
etc] Every proprietor, keeper, or manager, or person in charge of 
any hotel, boarding house, restaurant, eating house, lunch counter, or 
lunch room, who therein sells, uses, or disposes of any substance which 
appears to be, resembles, or is made in, or as an imitation of, oris made 
as a substitute for burter or cheese, under whatsoever name, and which 
substance is not wholly made from pure milk or cream, salt, and harmless 
coloring matter, shall display and keep a card in a conspicuous place, 
where the same may be easily seen and read in the dining, eating, restau- 
rant, and lunch room, and place where such substance is sold, used, or 
disposed of, which card shall be white and in size not less than ten by 
fourteen inches, upon which shall be printed in plain, bold, black Roman 
let'ers, not less in size than twelve-line pica, the*words “oleomargarine 
sold and used here,” or “ imitation cheese sold and used here,” (as the case 
may be), and said card shall not contain any other words than the ones 
above described, and such proprietor, keeper, manager, or person in charge 
shall not sell, furnish, or dispose of such substance as and lor “ butter and STATE BOARD OF HEALTH. 
25 
cheese,” made from pure milk or cream, salt, and harmless coloring mat- 
ter, when butter or cheese is asked for. 7090-7; 85 v. 75.) 
* Sec. 87. [Fraudulent shipments.] No person or persons shall pack, 
box, inclose, ship or consign any substance, as butter or cheese made from 
pure milk or cream, salt and harmless coloring matter, in such a manner 
as to conceal an inferior article by placing a finer grade of butter or cheese 
upon the surface of the same. (7090-8 ; 88 v. 180.) 
Sec.' 88. [Sale of diluted milk; false accounts.] No person or persons 
shall sell to any person, or deliver or carry or cause to be carried to any 
cheese or butter factory to be manufactured, any milk diluted with water 
or in any way adulterated, or from which any cream has been taken, or 
milk commonly known as “skimmed milk,” or milk from which [the] 
part known as “strippings” has been withheld with the intent to defraud, 
or keeps or renders any false account of the quantity or weight of milk 
furnisned at or to any factory for manufacture or sold to any manufac- 
turer. (7090-9; 83 v. 180.) 
Sec. 89. [Impure and skimmed milk.] No person or persons shall 
sell, exchange or offer for sale or exchange, any unclean, impure, un- 
healthy, unwholesome milk, or sell, exchange, or offer for sale or exchange 
as “pure milk,” milk diluted with water or milk known as skimmed 
milk. (7090-10; 83 v. 180.) 
Sec. 90. [Milk falsely labeled, etc.] No person or persons shall sell, 
exchange, expose, or offer for sale or exchange, have in his possession or 
dispose of in any manner, any milk which is falsely branded, labeled, 
marked or represented as to grade, quantity or place where produced or 
procured. (7090-11; 83 v. 180.) 
Sec. 91. [Cows unhealthily fed, etc,] No person shall keep cows for 
the production of milk for any purpose, in a cramped or unhealthy con- 
dition, or feed them on unhealthy food, or upon food that produces im- 
pure, unhealthy or unwholesome milk. (7090-12; 83 v. 180.) 
Sec. 92. [Condensed milk.] No person shall manufacture, sell, ex- 
change, expose or offer for sale or exchange, any condensed milk, unless 
the package, can or vessel containing the same snail be distinctly labeled, 
stamped or marked with its true name, brand, by whom and under what 
name made, and no condensed milk shall be made, exchanged, exposed or 
off-red for sale or exchange, unless the same be made from pure, clean, 
healthy, fresh unadulterated and wholesome milk, from which the cream 
has not been removed, or unless the proportion of milk solids contained 
in the condensed milk shall be in amount the equivalent of twelve per 
centum of milk solids in crude milk, and of such solids, twenty-five per 
centum shall be fat. (7090-13; 83 v. 180.) 
Sec. 93. [State institutions.] No butter or cheese not made wholly 
from pure milk or cream, salt and harmless coloring matter, shall be used 
in any of the charitable or penal institutions of the state. (7090-14; 83 
v. 180.) 
Sec. 94. [Penalties.] Any person or persons violating any of the 
provisions or sections of this act shall, upon conviction thereof be fined 
not less than fifty or more than two hundred dollars for the first offense, 
or for each subsequent offense not less than one hundred dollars or more 2 6 
MANUAL OF THE LAWS OF 
than five hundred dollars, and be imprisoned not less than ten days or 
more than ninety days, or both. (7090-15 ; 83 v. 180.) 
Sec. 95. [Informers.] One-half of all fines collected under any of 
the provisions of this act, shall be paid over to the person or persons fur- 
nishing information under which conviction is procured. (7090-16; 83 
v. 180.) 
Sec. 96. [Butter and cheese: manufacture of articles in imi- 
tation of natural, prohibited.] No person, by himself or his agent, 
or his employe, shall render or manufacture for sale out of any 
animal or vegetable oils, not produced from unadulterated milk or cream 
from the same, any article in imitation or semblance of natural butter or 
cheese produced from pure unadulterated milk or cream from the same, 
nor compound with, or add to milk, cream or butter any acids or other 
deleterious substance, or animal fats or animal or vegetable oils not pro- 
duced from milk or cream, so as to produce any article or substance, or 
any human food, in imitation or semblance of natural butter or cheese, 
nor shall sell, keep for sale or offer for sale any article, substance or com- 
pound made, manufactured or produced in violation of the provisions of 
this section, whether such article, substance or compound shall be made 
or produced in this state or elsewhere. (1890, March 7 : 87 v. 51.) 
Sec. 97. [“Natural butter and cheese,” etc., defined; oleomar- 
garine.] For the purpose of this act the terms “ natural butter and cheese,” 
“ natural butter or cheese produced from pure unadulterated milk or 
cream from the same, butter and cheese made from unadulterated milk or 
cream, butter or cheese the product of the dairy,” and butter or cheese, 
shall be understood to mean the products usually known by the terms 
butter and cheese, and which butter is manufactured exclusively from 
pure milk or cream or both, with salt and with or without any harmless 
coloring matter, and which cheese is manufactured exclusively from pure 
milk or cream, or both, with salt and rennet and with or without any 
harmless coloring matter or sage. It is further provided that nothing in 
this act shall be construed to prohibit the manufacture or sale of oleomar- 
garine, in a separate and distinct form, and in such manner as will advise 
the consumer of its real character, free from any coloring matter or other 
ingredient causing it to look like or to appear to be butter, as above de- 
fined. (1890, March 7 : 87 v. 51.) 
Sec. 98. [Penalty.] Whoever violates the provisions of this act 
shall be guilty of a misdemeanor, and be punished by a fine of not less 
than one hundred dollars, nor more than five hundred, or not less than 
six months’ nor more than one year’s imprisonment for the first offense, 
and by imprisonment for one vear for each subsequent offense. (1890, 
March 7: 87 v. 52.) 
Sec. 99. [Selling unwholesome provisions.] Whoever sells any kind 
of diseased, corrupted, adulterated, or unwholesome provisions, whether 
for meat or drink, without making the condition of the same known to 
the buyer, and whoever kills for the purpose of sale, any calf less than four 
weeks’ old, or sells, or has in possession within intent to sell, the meat of 
any calf which he knows to have been killed when less than four weeks’ 
old, shall be fined not more than fifty dollars, or imprisoned twenty 
days, or both. (6928; 29 v. 144.) STATE BOARD OF HEALTH. 
27 
CANDY. 
Sec. 100. [Manufacture and sale of adulterated candy.] No per- 
son shall manufacture for sale, or sell or offer to sell any candy adulterated 
by the admixture of terra alba, berytes, talc or other mineral substance, or 
poisonous colors or flavors, or other ingredients deleterious or detrimental 
to health. (7458-4 ; 83 v. 119.) 
Sec. 101. [Samples.] Every person manufacturing any candy, or 
offering or exposing the same for sale, shall furnish to any person inter- 
ested or demanding the same, who shall apply to him for that purpose, 
and shall tender him the value of the same, a sample sufficient for the 
analysis thereof. (7458-5 ; 83 v. 119.) 
Sec. 102. [Penalties.] Whoever refuses to comply, upon demand, 
with the requirements of section 2 [7458-4] and whoever violates any of 
the provisions of this act, shall be guilty of a misdemeanor, and upon con- 
viction, shall be fined not exceeding one hundred dollars nor less than 
twenty-five dollars, or imprisoned not exceeding one hundred nor less 
than thirty days, or both; and he shall be adjudged to pay in addition 
all necessary costs and expenses incurred in the inspecting and analyzing 
such adulterated candy, and the same shall be forfeited and destroyed 
under the direction of the court. (7458-6; 83 v. 119.) 
VINEGAR. 
Sec. 103. [Manufacturing and sale of adulterated vinegar for- 
bidden.] No person shall manufacture for sale, or knowingly offer or ex- 
pose forsale as cider, apple, or orchard vinegar, any vinegar not the legiti- 
mate product of pure apple juice, known as apple cider; or vinegar not 
made exclusively of said apple cider; or vinegar into which foreign sub- 
stances, drugs or acids have been introduced, as may appear by proper 
test. (7458-16; 85 v. 259.) 
Sec. 104. [Injurious ingredients.] No person shall manufacture 
for sale, or knowingly offer for sale, or have in his possession with intent 
to sell, any vinegar found upon proper tests to contain any preparation of 
lead, copper sulphuric acid, or other ingredients injurious to health. 
(7458-17; 85 v. 259.) 
Sec. 105. [Brands on casks.] Every person making or manufactur- 
ing cider vinegar, who is not a domestic manufacturer of cider or cider 
vinegar, shall brand on each head of the cask, barrel or keg containing 
such vinegar, the name and residence of the manufacturer, the date when 
same was manufactured, and the words “ Cider Vinegar.” And no vine- 
gar shall be branded “ Fruit Vinegar,” unless the same be made wholly 
from apples, grapes, or other fruit. (7458-19; 85 v. 259.) 
Sec. 106. [Penalties.] Whoever violates any of the provisions of 
this act shall, upon conviction, be fined not less than fifty dollars, nor 
more than one hundred dollars, or imprisoned not less than thirty days, 
nor more than one hundred days, or both ; and shall be adjudged to pay 
in addition all necessary costs and expenses incurred in inspecting and 
analyzing such vinegar. And all vinegar not in accordance with this act 
shall be subject to forfeiture and spoliation. (7458-20; 85 v. 259.) 28 
MANUAL OF THE LAWS OF 
DIVISION IV. 
Relating to Wir\es aad Liquors. 
Sec. 107. [Adulterated wine: defined; penalty for manufacturing 
or selling.] All liquors denominated as wine containing alcohol, ‘‘except 
such as shall be produced by the natural fermentation of pure, undried grape- 
juice,” or compounded with distilled spirits, or by both methods, whether 
denominated as wine, or by any other name whatsoever, in the nature of 
articles for use as beverages, except as allowed in section four of this act, 
or for compounding with other liquors for such use, and all compounds of 
the same with pure wine, and all preserved fruit-juices compounded with 
substances not produced from undried fruit, in character of, or intended 
for use as beverages, and all wines, (including all grades and kinds) which 
contain, or in the production or manulacture of which, any glucose, or 
uncrystallized grape or starch sugar, or cider, or pomace of grapes out of 
whicn the juice has been pressed or extracted, known as grape cheese, has 
been used, and all wines, imitation of wines or other beverages produced 
from fruit into which carbonic acid gas has been artificially injected, or 
which shall contain any alum, baryta, salts, caustic lime, carbonate of 
soda, carbonate of potash, carbonic acid, salts of lead, salicylic acid or any 
other antiseptic, coloring matter (other than produced from undried fruit, 
or pure sugar), essence of either, or any foreign substance whatever, which 
is injurious to health, shall be denominated as adulterated wine, and any 
person or persons who shall manufacture or cause the same to be done, 
with intent to sell-or shall sell or offer to sell, any of such wine or bever- 
age, shall be guilty of a misdemeanor, and shall be punished by a fine of 
not less than two hundred dollars, or more than one thousand dollars, or 
be imprison* d in the county jail for a term of not less than thirty days or 
more than six months, or by both such fine and imprisonment, in the dis- 
cretion of the court, and shall be liable to a penalty of one dollar for each 
gallon thereof sold, offered for sale, or manufrctured with intent to sell, and 
such wine or beverage shall be deemed a public nuisance and forfeited to 
the state, and shall be summarily seized and destroyed by any health 
officer, marshal, constable or sheriff, within whose jurisdiction the same 
shall be found, and the reasonable expense of such seizure and destruction 
not exceeding the amount paid for similar services, shall be a county 
charge, and paid out of the county treasury in the same manner as costs 
in crinrnal cases, where the state fails to convict, are now allowed and 
paid out of such treasury. (1891, March 26: 7458-21; 88 v. 231.) 
Sec. 108. [Pure wine: defined; must be stamped as such.] For 
the purpose of this act the words “ pure wine” shall be understood to mean 
fermented juice of the undried grapes, without the> addition thereto of 
water, sugar, or any foreign substance whatever; and all such wines shall STATE BJARD OF HEALTH. 
29 
be known as “pure wine” and shall be stamped, branded, labeled desig- 
nated and sold as ‘‘pure wine,” and the name and kind of wine, and that 
of the locality where such wine is made, and of the manufacturer, may 
also be added; and it shall be unlawful to affix any stamp, brand or label 
containing the words “pure wine” (either alone or with other words) on 
any vessel, package, bottle or other recep acle containing any substance 
other than pure wine as in this section defined, or to prepare or use on 
any vessel, package, bottle or other receptacle containing any liquid, any 
imitation or counterfeit of such stamp, label or brand, or any stamp, label 
or brand of such form and appearance as to be c lculated to mislead or 
deceive any person, or cause to be supposed that the contents thereof be 
pure wine, or to use any vessel, package, bottle or other receptacle, having 
such stamp, brand or label affixed thereon, except for pure wine, as in 
this section defined; and if the name of the manufacturer is added, then 
only of such manufacturer’s make, providing the same is pure wine. And 
any person selling such wine, shall in the invoice thereof plainly state and 
designate the same as “pure wine.” (1891, March 26: 7458—22; 88 v. 281.) 
Sec. 109. [Wine: defined; must be stamped as such.] For the 
further purpose of this act the word “wine” shall be understood to moan the 
fermented juice of undried grapes; provided, however, that the addition of 
pure white or crystalized sugar to perfect the wine, or the using of the 
necessary things to clarify and refine the wine which are not injurious to 
health, shall not be construed as adulterations, but such wines shall con- 
tain at least seventy-five per cent, of pure grape-juice, and shall not con- 
tain any artificial flavoring whatever; and all such “wine” shall be known 
as “wine,” and shall be stamped, branded, labeled and sold as “wine,” in 
the same manner as is provided in section two [7458-22] of this act in 
case of pure wine, except the words in this case shall be “wine” without 
the prefix “pure;” and all the provisions of said section two, as far as 
applicable, shall govern the manufacture and sale of “wine” as in this 
section defined. And any person selling such wine shall in the invoice 
thereof plainly state and designate the same as “wine” without using the 
prefix “pure.” (1891, March 26: 7458-23; 88 v. 232.) 
Sec. 110. [Compounded wine: defined; must be branded as 
such.] For the further purpose of this act, the word “compounded wine”, 
shall be understood to mean any wine which contains less than seventy- 
five per cent, of pure undried grape-juice, and is otherwise pure, and all 
wines containing alcohol or any other distilled spirits not produced by the 
natural fermentation of pure undried grapes, such wine shall be known as 
compounded wine, and shall be branded, marked, labeled and sold as com- 
pounded wine, and the name of such wine may be added, or such 
wine shall be branded, labeled and marked by using the word “com- 
pounded” next preceding the name of such wine, such as “ compounded 
sweet catawba,” or “compounded port wine,” or the like (and an addition 
of pure distilled spirits not to exceed eight per cent, of its volume shall 
not be taken to bean adulteration of such wine); and upon each and every 
package, barrel or other receptacle of such wine, which shall contain more 
than three gallons, there shall be stamped upon both ends of such pack- 
age, barrel or other receptacle, in black printed letters at least one inch 
high and of proper proportion, the words “compounded wine,” or the 
name of such wine, preceded by the word “compounded ” a3 in this section 
provided, and upon all packages or other receptacles which shall contain 
more than one quart and up to three gallons, there shall be stamped upon 
each of said packages or receptacles in plain, printed black letters, at least 30 
MANUAL OF THE LAWS OF 
one-half inch high, and of proper proportion, the words “compounded 
wine,” or the name of such wine, preceded by the word “ compounded” 
as in this section provided, and upon all packages, bottles or other recepta- 
cle of one quart or less, there shall be placed a label securely pasted thereon, 
on which label the words “compounded wine,” or the name of the wine, 
preceded by the word “compounded,” shall be plainly printed in black 
letters at least one-fourth of an inch high and of proper proportion. 
Should any n,umber of such packages or other receptacle be inclosed in a 
larger package, as a box, barrel, case or basket, such outside package shall 
also receive the stamp, “compounded wine” or the name of such wine, 
preceded by the word “compounded,” the letters to be the size according 
to the amount of such wine contained in such outside packages. And any 
person selling wine of the kind this section defined, shall in the invoice 
thereof plainly state and designate such wine as “compound wine.” 
(1891, March 26: 7458-24; 88 v. 232.) 
Sec. 111. [Penalty for violating this act; duty of prosecuting at- 
torney. Any person or persons who shall sell or offer for sale, or manu- 
facture or cause the same to be done, with intent to sell any wine stamped 
or labeled, or branded, or designated in any manner as “pure wine,” either 
by including the word “pure” with “wine” alone or in connection with 
other words, which is not “pure wine” as is in section two [7458-22] of this 
act defined, or any wine stamped, or labeled or branded, or in any manner 
designated as “wine,” but which is not wine as in section three [7458-23] 
of this act defined, or shall violate any provision of said sections two and 
three of this act, or shall sell or offer for sale, or manufacture, or cause the 
same to be done, with intent to sell any wine of the kind and character 
as described in the fourth section [7458-24] of this act, which shall not be 
stamped, mark* d, or labeled after the manner and mode therein prescribed, 
or which is falsely stamped, or marked, or labeled, such person or persons 
shall be guilty of a misdemeanor, and shall be punished by a fine of not 
less than one hundred dollars or more than one thousand dollars for each 
and every offense, or by imprisonment in the county jail not less than 
thirty days, or more than six months, or both fine and imprisonment, in 
the discretion of the court, and in addition thereto shall be liable to a 
penalty of one-half dollar for each gallon thereof sold, offered for sale, or 
manufactured with intent to sell or offer for sale. All penalties imposed 
by this act, may be recovered with costs of action by any person in his 
own name, before any justice of the peace in the county where the 
offense was committed, where the amount does not exceed the 
jurisdiction of such justice ; and such penalties may be recovered in 
the like manner in any court of record in the state, but on the re- 
covery by the plaintiff in such case for a sum less than fifty dollars, the 
plaintiff shall only be entitled to costs to amount equal to the amount 
of such recovery. It shall be the duty of the prosecuting attorney of the 
respective counties of this state, and they are hereby required to prosecute 
or commence action in the name of the state of Ohio, for the recovery of 
the penalties allowed herein, upon receiving proper information thereof, 
and in actions brought by such prosecuting attorney, one-half of the pen- 
alty recovered shall belong to and be paid over to the person or persons 
giving the information upon which the action is brought, and the other 
one-half shall be paid to the treasurer of the county in which said action 
is brought, within thirty days from the time of its collection, and such 
money shall be placed to the credit of the poor fund of the town, city or 
township in which the cause of action arose, after paying therefrom a Sec. 113. [Adulterating liquors.] Whoever adulterate?, except 
for medic'nalor mechanical purposes any spirituous or alcoholic liquors, 
by mixing the same with any substance, or sells or offers to sell, any such 
liquor, knowing the same to be thus adulterated, or imports into this 
state and sells or offers to sell, any such liquor, knowing tr.e same to be 
thus adulterated, and not inspected as required by law, shall be fined not 
more than five hundred nor le-sthan one hundred dollars, and imprisoned 
not more tnan thirty nor less than ten days. (6950; 52 v, 108) 
Sec. 114. [Adulterating domestic wines.] Whoever adulterates any 
wine made, or juice expressed, from g'-apes grown wuthin the state of Ohio, 
by mixing therewith any drugs, chemical-, cider, whisky, or other liquor; 
and whoever sells, or offers to sell, any such adulterated wine or grape 
juice, knowing the same to be adulterated, shall be fined in any sum not 
more than three hundred nor less than fifty dollars. (7081; 62 v. 179.) 
Sec. 115. [Adulterating or selling adulterated liquors, how 
punished.] Whoever adulterates, for the purpose of sale, any spirituous, 
alcoholic or malt liquors used or intended for drink, or medical or 
mechanical purposes, with cocculus-indicus, vitriol, grains of paradise, 
opium, alum, capsicum, copperas, laurel water, logwood, Brazil-wood, 
cochineal, sugar of lead, aloes, glucose, tannic acid, or any other substance 
which is poisonous or injurious to health, or with any substance not a 
necessary ingredient in the manufacture thereof; and whoever sells or 
offers or keeps for sale any such liquors so adulterated, shall be fined in 
any sum not less than twenty nor more than one hundred dollars, or be 
imprisoned not less than twenty nor more than sixty days, or both, at 
the discretion of the court. And any person guilty of violating any of 
the provisions of this section, shall be adjudged to pay, in addition to the 
penalties hereinbefore provided for, all necessary costs and expenses in- 
curred in inspecting and analyzing any such adulterated liquors of which 
said party may have been guilty of adulterating, or selling, or keeping 
for sale, or offering for sale. (7082 ; 79 v. 52 ) 
Sec. 116. Manufacturing or selling poisoned liquors.] Whoever 
uses any active poison in the maaufaciur.- or preparation of any intoxicat- 
ing liquor, or sells in any quantity any intoxica ing liquor so manufactured 
or prepared, shall be imprisoned in the penitentiary not more than five 
years nor less than one year. (7083; 54 v. 183.) 
Sec. 117. [Using vessel with private stamp affixed.] Whoever 
puts in»o any barrel, cask, or other vessel, having ttie private stamp, 
brand, wrapper, label, or trade-mark usually affixed by any maker of wine 
from grapes grown within the state of Onio, adulterated liquors, for the DIVISION V. 
Pelatiug to J^Karmacy. 
DRUGGIST AND STATE BOARD OF PHARMACY. 
'ttrv'*" 
C: 
Sec. 119. [Who may retail drugs; proviso.] It shall be unlaw- 
ful for any person not a registered pharmacist to open or conduct any 
pharmacy or retail drug or chemical store, as proprietor thereof, unless he 
shall have in his employ and place in charge of such pharmacy, or store, 
a registered pharmacist within the meaning of this chapter, who shall 
have the supervision and management of that part of the business requir- 
ing pharmaceutical skill and knowledge; or to engage in the occupation 
of compounding or dispensing medicines on prescriptions of physicians, 
or of selling at retail for medicinal purposes, any drugs, chemicals, poi- 
sons, or pharmaceutical preparations within this state, until he has com- 
plied with the provisions of this chapter; provided, nothing in this section 
shall apply to, or in any manner interfere with the business of any phy- 
sician, or prevent him irona supplying to his patients such articles as may 
seem to him proper, or with the making or vending of patent or proprie- 
tary medicines by any retail dealer, or with the selling by any country 
store of copperas, borax, blue vitriol, saltpeter, sulphur, brimestone, licorice, 
sage, juniper berries, senna leaves, castor oil, sweet oil, spirits of turpen- 
tine, glycerine, glauber salt, epsom salt, cream of tartar, bi-carbonaie of 
sodium, and of paregoric, essence of peppermint, essence of cinnamon, 
essence of ginger, hive syrup, syrup of ipecac, tincture of arnica, syrup of 
tolu, syrup of squills, spirits of camphor, number six, sweet spirits of 
nitre, compound cathartic pills, quinine pills, and other similar prepara- 
rations when < ompounded by a registered pharmacist and put up in bot- 
tles and baxes bearing the label of such pharmacist or wholesale drug- 
gist, with the name of the article and directions for its use on each bottle 
or box, or with the exclusive!v wholesale business of any dealer. (4405; 
81 v. 61.) STATE BOARD OF HEALTH. 
Sec. 120 [How pharmaceutical examining' board appointed; 
vacancy in board, how filled.] The Ohio State Pnarmaceutical Associa- 
tion shall, immediately upon the passage of this act, submit to the governor 
the names of ten persons, residents of this state, who have had at least 
ten years’ experience as pharmacists and druggists, and from the names 
so submitted to him or others, the governor shall, with the approval of the 
senate, select and appoint five persons, who shall constitute a board, to be 
styled the Ohio Board of Pharmacy; and any member of the board may 
be removed by the governor for good cause shown him; one member of 
said board shall be appointed, and hold his office for one year, one for two 
years, one for three years, one for four years, and one for five years, and 
until his successor shall be appointed and qualified; and at its regular an- 
nual meeting in each and every year therealter, the said Ohio State Phar- 
maceutical Association shall select and submit to the governor the names 
of five persons, with the qualifications hereinbefore mentioned, and the 
governor shall, with the approval of the Senate, select and appoint from 
the names so submitted or others, one member of said board, who shall 
hold his office for five years, and until his successor shall be appointed and 
qualified. Any vacancy that may occur in said board shall be filled for 
the unexpired term by the governor, with the approval of the senate. 
Each member of said board shall, within ten days alter his appointment, 
take aud subscribe an oath or affirmation, before a competent officer, to 
faithfully and impartially perform the duties of his office. (4406; 81 v. 62.) 
Sec. 121. [Sessions of board, when and where held; duties of 
board ; register to be kept; who may be registered without exami- 
nation; salary of secretary; etc.] The Onio Board of Pharmacy shall 
hold three regular meetings in each year; one at Cincinnati on the sec- 
ond Monday of January, one at Columbus on the second Monday of May, 
and one at Cleveland on the second Monday of October, and such ad- 
ditional meetings, at such times and places, as may be determined upon 
by said board, at each of which meetings it shall transact such business as 
is required of it by law ; said board shall make such rules,’by laws and regu- 
lations as may be necessary for the proper discharge of its duties, and shall 
make a report of its proceedings, including an itemized account of all 
moneys received and expanded by said board, pursuant to, this chapter, 
and a list of the names of all pharmacists duly registered under this act, 
to the secretary ol state on the 15th day of November, 1884, and annually 
thereafter, and to the Ohio State Pharmaceutical Association. Said board 
shall keep a book of registration open at some place in Columbus, of which 
due notice shall be given in three or more newspapers of general circula- 
tion in this state, in which the name and place of business of every per- 
son duly qualified under this chapter to conduct, or engage in the busi- 
ness mentioned and described in section 4405, shall be registered. Every 
person now conducting or engaged in such business in this state as pro- 
prietor or manager of the same, or who being of the age ot eighteen years, 
has been employed or engaged for three years preceding the passage of 
this act as an assistant in any retail drug store in the United States, in 
the compounding or dispensing of medicines on the prescriptions of phy- 
sicians, who shall furnish satisfactory evidence in writing and under oath 
of such facts, within three months after the publication of said notice, shall 
be registered as a pharmacist, or assistant pharmacist, as the case may be, 
without examination. Every person who shall hereafter desire to conduct, 
or engage in such business in this state, shall appear before said board, and be 
registered within ten days after receiving a certificate of competency and qual- 
ification from said board. The said board shall demand and receive for 34 
MANUAL OF THE LAWS OF 
such registration from each and every person registered as a pharmacist, 
a fee of not exceeding three dollars, and from each and every person 
registered as an assistant pharmacist, a fee not exceeding two dollars, 
to be applied to the payment of the expenses arising under the pro- 
visions of this chapter. Provided, however, that no such fee shall 
be demanded of any person who has heretofore been registered as 
the proprietor or manager of such business or as an assistant therein, 
under the provisions of any law heretofore in force in this state. Every 
registered pharmacist, or assistant pharmacist, who desires to continue the 
practice of his profession, shall, triennially thereafter, during the time he 
shall continue in such practice, on such date as said board may determine, 
pay to the secretary of said board a registration fee, to be fixed by said 
board, but which shall in no case exceed, if a pharmacist, one dollar, if 
assistant pharmacist, fifty cents, for which he shall receive a renewal of 
said registration. Every certificate of registration granted under this act 
shall be conspiciously exposed in the prescription department of the drug* 
or chemical store to which it applies, or in which the assistant is engaged. 
The sec retaryofsaid board shall receive a salary which shall be fixed by said 
board; he shall also receive his traveling and otherexpenses incurred in the 
performance of his oflicial duties. The other members of said board shall 
receive the sum of three dollars for each day actually engaged in the ser- 
vice thereof, and all legitimate and necessary expenses incurred in attend- 
ing the meetings of said board. Said sal-try, per diem and expenses shall 
be paid after an itemized statement of the same has been rendered and 
approved by tbe board from the fees and penalties received by said board 
under the provisions of this act. All moneys received in excess of said 
per diem allowance, and other expenses above provided for, shall be held 
by the secretary as a special fund for meeting the expen-es of said board; 
he giving such bond as said board shall from time to time direct. (4407; 
81 v. 62.) 
Sec. 122. [Duties of board with respect to examinations.] The 
Ohio Board of Pnarmacy shall examine every person who desires to carry 
on or engage in the busine.-s of a retail apothecary, cr of retailing any 
drugs, medicines, chemicals, poisons or pharmaceutical preparations, or of 
compounding and dispensing the prescriptions of physicians, as proprie- 
tor and manager, touching his competency and qualification for that pur- 
pose, and upon a majority of the board being satisfied with such compe- 
tency and qualification, as pharmacist, which certificate stall entitle the 
person named therein to conduct and carry on the business aforesaid, as 
proprietor and manager thereof, upon complying with the requirements of 
section 4407; and such board shall also examine each person who desires 
to engage in such business as assistant pharmacist, touching his compe- 
tency and qualification, and upon any such person passing a satisfactory 
examination, shall furnish a certificate setting forth that tie is a qualified 
assistant in pharmacy, which certificate shall enable the person named 
therein to engage in said business as an assistant pharmacist upon his 
complying with the provisions of section 4407. (4408 ; 81 v. 63.) 
Sec. 123. [To whom preceding provisions do not apply.] The 
provisions of [section] 4408 shall not apply to any person engaged iaa the 
retail drug and apothecary business, as proprietor or manager of the same, 
at the time of the passage of this act, or who, being at the age of eighteen 
years has been continuously employed or engaged for three years imme- 
diately preceding the passage of this act as assistant in any retail drug 
store in the United States, in the compounding or dispensing of medicines STATE BOARD OF HEALTH. 
35 
on the prescription of physicians, who has complied with the provisions 
of section 4407. (4409; 81 v. 64.) 
Sec. 124. [Who may not compound prescriptions.] No person, 
not a qualified assistant, shall be allowed by the proprietor or manager of 
any retail drug or chemical store, to compound or dispense the prescrip- 
tions of physicians, except as an aid under the supervision of a registered 
pharmacist, or his qualified assistant. (4410; 84 v. 220.) 
Sec. 125. [Qualified assistants.] A qualified assistant, within the 
meaning of this chapter, shall be a clerk or assistant in a retail drug or 
chemical store, who shall lurnish to the Ohio board of pharmacy such 
evidence of his employment as is required by section 4407; or a person 
holding the certificate of said board, as an assistant pharmacist, as pro- 
vided in section 4408; but it shall be unlawful for such assistant phar- 
macist, or quabfied assistant, to supervise or manage any pharmacy or 
retail drug or chemical store, or to engage in the occupation of compound- 
ing or dispensing medicines on prescriptions of physicians, or of selling 
at retail for medicinal purposes, any drugs, chemicals, poisons or pbarma- 
ceut:cal preparations, except when engaged or employed in a pharmacy, 
retail drug or chemical store which is in charge of, and is under the super- 
vision and management of a registered pharmacist. (4411; 84 v. 220) 
Sec. 126. [Penalties; duty of Ohio board of pharmacy.] Any 
person owning a pharmacy or retail drug or chemical store, who, in viola- 
tion of the provisions of section 4405 of this act, causes or permits the 
same to be conducted or managed by a person, not a registered pharmacist, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be fined in any sum not less than twenty dollars, nor more than one 
hundred dollars, and each week that he shall cause or permit such phar- 
macy, retail drug or chemical store to be so conducted or managed, shall 
constitute a separate and distinct offense, and render him liable to a 
separate prosecution and punishment therefor; a person violating the 
provisions of section 4407, relating to registration, renewal of registration, 
or failing to conspicuously expose such certificate of registration, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, shall be 
fined in any sum not exceeding one hundred dollars for each week he con- 
tinues to carry on or to be engaged in such business without such registra- 
tion or such exposure of such certificate of registration, or renewal thereof. 
And for the violation of any of the provisions of section 4410, such pro- 
prietor or manager shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined in any sum not exceeding fifty dollars for 
each and every offense; and for violation of any of the provisions of [section 
4411, such assistant pharmacist shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined in any sum not exceeding fifty 
dollars for each and every offense; all fines assessed tor the violation of any 
of the provisions of this act shall be placed in the county treasury, tor the 
use a ltd benefit of the common school fund of the county in which such 
offense is committed ; provided, that nothing in this act shall be so con- 
strued as to in any way affect the right to any person to bring a civil 
action against any person referred to in this act, for any act or acts for 
which a civil action may now be brought. It shall be the duty of the 
Ohio board of pharmacy, upon application therefor being made to said 
board, to cause the prosecution of any person or persons violating any of 
the provisions of this act. (4412; 84 v. 220.) 36 
MANUAL OF THE LAWS OF 
MORPHINE : POISONS. 
Sec. 127. [Morphine: by whom and how to be sold.] It shall 
not be lawful tor any person, other than a wholesale druggist or other 
dealer in drugs and medicine, to sell or offer for sale at wholesale, or for 
any person other than a registered pharmacist or a registered assistant 
pharmacist, to sell or offer for sale at retail, morphine or any of salts, 
in this state, and it shall not be lawful for such persons to sell or offer for 
sale morphine or any of its salts in any bottle, vial, envelope or other 
package, unless the same shall be wrapped in a scarlet paper or envelope 
and all bottles or vials used for the above purpose shall contain not more 
than one drachm each, and shall have in addition to said scarlet wrapper, 
a scarlet label lettered in white letters, and the same must be upon both 
vial and wrapper when vials are plainly naming the contents of 
said bottle, and further, that no person shall have the right to change any 
preparation of morphine from its original package to any other receptacle 
whatever for the purpose of retailing or dispensing therefrom, but it must 
be retailed or dispensed only from the original package with scarlet 
wrapper and scarlet label as aforesaid. (8209-24; 83 v. 69.) 
Sec. 128. [Penalty.] Any one violating the provisions of the above 
section, shall be guilty of a misdemeanor, and on conviction thereof shall 
be fined not less than ten nor more than fifty dollars, at the discretion of 
the court, for each and every violation of the preceding section. (8209-25; 
83 v. 69.) 
Sec. 129. [Poisons: must be labeled by druggists, etc.] When- 
ever any pharmacist, oruggist or other dealer in poisons, chemicals, medi- 
cines and drugs, whether wholesale or retail, shall sell any drug or chemi- 
cal, and indiscriminate or careless use of which would be destructive of 
human life, such dealer shall affix to each bottle or package of such drug, 
chemical or poison, a label printed in red ink, having on it the name of 
the article by which it is commonly known, the cautionary emblem of the 
skull and cross-bones, the words “caution” and “poison,” and in addition 
thereto, at least two of the most readily obtainable effective antidotes to 
such poisonous article. (1890, April 21: 87 v. 235.) 
Sec. 130. [Penalty.] Whoever violates the provisions of section 
one [the above section] ot this act shall, upon conviction thereof before 
any court having competent jurisdiction, be fined in any sum not exceed- 
ing one hundred (100) dollars, nor less than ten (10) dollars. (1890, 
April 21; 87 v. 235.) 
Sec. 131. [Selling or giving away poisons.] Whoever sells, or 
gives away, any quantity ot arsenic less toan one pound, without first 
mixing therewith soot or indigo in the proportion of one ounce of soot or 
half an ounce of indigo to the pound of arsenic, or, except upon the pre- 
scription of a physician, sells, or gives away, any quantity of any article 
belonging to the class usually denominated poisons, to any minor, or 
sells, or gives away, any such article to any person, without having first 
marked the word “ poison” upon the label or wrapper containing the 
same, and registered in a book to be by him kept for that purpose, the 
day and date upon which it is sold or given away, the quantity thereof, 
the name, age, sex, and color of the person obtaining the same, the purpose 
for which it is required, and the name and place of abode of the person 
for whom the same is intended, shall be fined not more than two hundred 
nor less than twenty dollars. (6957; 50 v. 167.) STATE BOARD OF HEALTH. 
37 
Sec. 132. [Depositing poison in thoroughfares.] Whoever leaves 
or deposits any poison, or any substance containing poison, in any com- 
mon, street, alley, lane, or thoroughfare of any kind, or any yard or in- 
closure other than the yard or inclosure occupied by such person, shall be 
fined not more than filty nor less than five dollars, or imprisoned not 
more than thirty nor less than five days, or both, and shall be liable to the 
person injured lor all damages sustained thereby. (6958; 74 v. 13.) 
Sec. 133. [Sale and use of opium; keeping a place therefor; 
or resorting to such place, a misdemeanor; penalty.] Every person 
who opens or maintains, to be resorted to by other persons, any place 
where opium, or any of its preparations is sold or given away, to be 
smoked at such place, and any person who at such place sells or gives 
away any opium or its said preparations, to be there smoked or otherwise 
used, and any person who visits or resorts to any such place for the pur- 
pose of smoking opium, or its said preparations, shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be punished by a fine 
not exceeding five hundred dollars ($500.), or by imprisonment" in the 
county jail not exceeding three months or by both such fine and imprison- 
ment. (7017-1; 82 v. 49.) 
DIVISION VI. 
RELATING TO THE 
practice of Medicine and Dentistry. 
PHYSICIAN. 
Sec. 134. [Who may practice medicine ; graduates from foreign 
states.] No person who is not a graduate of a repu'able school of medi- 
cine, either in the United States or a foreign country, or who can not 
produce a certificate of qualification from a state or county medical society, 
and is not a person of good moral character, shall practice, or attempt to 
practice medicine in any of its departments, or prescribe medicine for 
reward or compensation, for any person within this state; except that 
when a person has been continuously engaged in the practice of medicine 
for a period of ten years or more, he shall be considered to have complied 
with the provisions of this chapter; and when a person has been in con- 
tinuous practice of medicine for five years or more, he shall be allowed 
two years m which to comply therewith. Provided, however, that any 
person who shall have graduated at any school of medicine in any state or 
foreign country in which any condition or restriction is imposed by the 38 
MANUAL OF THE LAWS OF 
laws thereof upon the practice of medicine by the graduates of medical 
schools in Ohio, shall be subject to the same restrictions or conditions in 
the practice of medicine in this state as are imposed upon such graduates 
of medical schools of Ohio by the laws of such state or foreign country; 
and a person violating this section shall not be entitled to any compensa- 
tion for services rendered. (4403; 82 v. 218.) 
Sec. 135. [Penalty prescribed for selling and using fraudulent 
medical diplomas.] Whoever shall make, issue, or publish, for pur- 
pose of sale, barter, or gift, any certificate, diploma, or other writing, or 
document falsely representing the holder or receiver thereof to be a grad- 
uate of any medical school, or college, or of any educational institution 
of medicine whatsoever, and entitled to the powers, privileges or degrees 
thereby pretended to be conferred; or whoever shall sell, or otherwise dis- 
pose of, or offer to do so, any such diploma, certificate, waiting or docu- 
ment containing the false representation aforesaid; or whoever shall use 
his name, or permit the same to be used, as a subscriber for any purpose 
or in any capacity to such false and fictitious diploma, certificate, writing 
or document, aforesaid, or whoever shall engage in the practice of medicine 
and surgery under and by virtue of such Iraudulent diploma, certificate, 
writing or document aforesaid, upon conviction thereof, shall be subject 
to the penalty prescribed in section 44036. (4403a; 78 v. 27.) 
Sec. 136. [Penalty for issuing such diploma for sale.] Whoever 
shall make, issue, or publish, or cause to be made, issued, or published, for 
the purpose of sale, barter, or gift, any diploma, certificate, or writing rep- 
resenting the holder thereof to be a graduate of any medical school, or 
college, or of any educational institutional of medicine whatsoever, unless 
such holder shall have, in fact, attended a complete course of instruction 
in such school, college, or institution for medical teaching, which course 
shall be equal to the average course of instruction in other schools, colleges 
or institutions where the various branches of medicine are taught as a 
science, iu good standing in the state of Ohio, upon conviction thereof 
shall be fined in any sum not exceeding one thousand dollars, nor less 
than one hundred dollars, or imprisoned in the penitentiary not more 
than three years, nor less than one year, or both, at the discretion of the 
court. (44036; 78 v. 28.) 
(When a statute of the State imposed a penalty upon any person who should practice 
physic, unless he had a prescribed qualification, it was held that a patent from the 
United States, securing the exclusive right to manufacture and use a certain medicine, 
did not authorize the administration of such medicine by the patentee, in the character 
of a practicing physician, unless he had the qualification prescribed by the statute : 
Jordan v. Overseers of Dayton, 4 0., 294; and while the act of February 26, 1824 (3Chase 
1966), which deprived persons who were not members of a medical society of the aid of 
the law to collect for their services as physicians, was in force, services rendered in that 
capacity by persons not such members could not be recovered lor, and the repeal of that 
act did not give a right of action therefor, a void contract never being revived : Nichols 
v. Poulson, 6 O., 305.) 
An empiric, under the act of May 5, 1868 (65 v. 146), is liable to a civil action for 
malpractice, notwithstanding it is made a penal offense for such person to practice medi- 
cine in any of its departments : Musser v. Chase, 29 O. S. 577. 
Sec. 137. [Practicing medicine or surgery without qualification.] 
Whoever prescribes, or practices, or attempts to practice medicine in any 
of its departments, or performs, or attempts to perform a surgical opera- STATE BOARD OF HEALTH. 
39 
tion, without having attended two full courses of instruction, and grad- 
uated at a school of medicine, either in this or a foreign country, or who 
can not produce a certificate of qualification from a state or county 
medical society, except that when a person has been continuously engaged 
in the practice of medicine for a period of ten years or more, he shall be 
•considered to have complied with the provisions of this chapter, and 
when a person has been in continuous practice of medicine for five 
years or more, he shall be allowed two years in which to comply there- 
with, shall, for the first offense, be fined not more than one hundred nor 
less than fifty dollars, and for any subsequent offense be imprisoned for 
the term of thirty days. (6992; 78 v. 183.) 
Under the act of May 5, 1868 (65 v. 146), to protect the citizens of Ohio from em- 
piricism, it is not unlawful for a person of good moral character to practice medicine 
and surgery, for reward or compensation, who has been engaged in the continuous prac- 
tice of medicine for ten years or more: Wert v. Clutter, 37 O. S. 347. White, J. and 
Okey, C. J., dissented. 
Such ten years of continuous practice may embrace time since, as well as before, the 
taking effect of said act: lb. 
It is immaterial whether the services rendered during such period of practice were 
gratuitous or for compensation : lb. 
• 
Sec. 138. [Administering medicine when intoxicated.] Who- 
ever, while in a state of intoxication, prescribes or administers any poison, 
drug, or medicine to another, which endangers the life of such other per- 
son, shall be fined not exceeding one hundred dollars, and imprisoned not 
more than twenty days. (6813; 32 v. 20.) 
Sec. 139. [Administering secret medicine.] Whoever prescribes 
any drug or medicine to another, the true nature and composition of 
which he does not, if inquired of, truly make known, but avows the same 
a secret medicine or composition, and thereby endanger the life of such 
other person, shall be fined not exceeding one hundred dollars, and im- 
prisoned not more than twenty days. (6814; 32 v. 20.) 
Sec. 140. [Attempting to procure abortion; punishment if the 
woman dies or miscarries.] Whoever, with intent to procure the mis- 
carriage of any woman, prescribes or administers to her any medicine, 
drug, or substance whatever, or, with like intent, uses any instrument or 
means whatever, unless such miscarriage is necessary to preserve her life, 
or is advised by two physicians to be necessary for that purpose, shall, if 
the woman either miscarries or dies in consequence thereof, be imprisoned 
in the penitentiary not more than seven vears nor less than one year. 
(6815; 32 v. 20.) 
The offense is complete if the medicine, drug, or substance be administered, or in- 
struments used, with the intent prescribed, at any time during the period of gestation): 
Wilson v. State, 2 O. S. 319. 
Sec. 141. [Administering anaesthetics without the presence of a 
witness.] Whoever uses upon another an anaesthetic, unless at its admin- 
istration, and during the whole time the person is wholly or partly under 
the direct influence of it, there is present a third person competent to be a 
witness, shall be fined not more than twenty-five nor less than five dol- 
lars. (6990; 73 v. 154.) 40 
MANUAL OF THE LAWS OF 
DENTIST. 
Sec. 142. [Who may practice dentistry.] No person shall prac- 
tice dentistry for compensation, without having received a diploma from 
the faculty of a dental college of either this or a foreign country, or a cer- 
tificate of qualification issued by the state dental society, or by any local 
society auxiliary thereto; but when a person has been continuously en- 
gaged in the practice of dentistry for a period of five years or more, he 
shall be considered to have complied with the provisions of this chapter. 
(4404; 70 v. 58.) 
Sec. 143. [Practicing dentistry without qualification.] Whoever 
practices dentistry for compeosition, without having received a diploma 
from the faculty of a dental college of ihis or a foreign country, or a cer- 
tificate of qualification by the state dental society, or by a local society 
auxiliary thereto, shall be fined not more than two hundred nor less 
than fifty dollars; but this section shall not apply to physicians and 
surgeons. (6991; 65 v. 165.) 
DIVISION VII. 
Pelatir\g to Oils ar\d Explosives. 
PETROLEUM OILS. 
Sec. 144. [Manner of inspection of petroleum oils.] All mineral 
or petroleum oil, or any oil fluid or substance which is a product of petro- 
leum, or into which petroleum or any product of petroleum enters or is 
found as a constituent element, whether manufactured within this state 
or not, shall be inspected, as provided in this chapter, before being offered for 
sale or sold for consumption for illuminating purposes within the state, and 
such inspection shall be conducted as herein provided, in the following 
manner: 
The test shall be made in a test cup of mettle or glass, cylindrical in 
shape, two and a quarter inches in diameter, and four inches deep, both 
measurements being made inside the cup, and this cup shall be filled to 
within one quarter of an inch of the brim with the oil or other substance 
to be tested, taken at the ordinary temperature; the cup shall be placed 
in a water-bath sufficiently large to leave a clear space of one inch under 
the cup, and three-eighths of an inch around it, and in such manner as to 
project about one-quarter of an inch above the water-bath ; the space 
between the cups and the water-bath shall he nearly filled with cold water 
taken at the ordinary temperature, and the cup being placed in the water- 
bath, the latter shall be heated by an alcohol lamp, with its flame so grad- 
uated that the rise in temperature from sixty degrees Fahrenheit to the STATE BOARD OF HEALTH. 
41 
highest heat test temperature shall not be less than two degrees per min- 
ute, and shall be as near two degrees per minute as is practicable, and 
shall in no case exceed four degrees per minute. A Fahrenheit thermom- 
eter shall be suspended in such a manner that the upper surface of its bulb 
shall be as near as practicable one quarter of an inch below the surface of 
the oil undergoing test; as soon as the temperature reaches the point of 
ninety-eight degrees Fahrenheit, the lamp shall be removed from under 
the water-bath, and the oil shall then be allowed to rise to the tempera- 
ture of one hundred degrees Fahrenheit, by the residual heat of water, and 
at that point the first test for flash shall be made as follows: a taper, here- 
inafter described, shall be lighted and the surface of the oil shall be 
touched with the flame of the taper, and it is lawful to apply this flame, 
either to the center of the oil surface or to any or all parts of it, but the 
taper itself shall not be plunged into the oil, and if no flash takes place- 
upon the first contact of the flame with the oil, the taper shall not beheld 
in longer contact, but shall be immediately withdrawn; if no flash takes 
place at the temperature of one hundred degrees Fahrenheit, the lamp 
shall be replaced under the water-bath, and the temperature raised to one 
hundred and three degrees, when the lamp shall be again withdrawn, and 
the oil allowed to rise to one hundred and five degrees by the residual heat 
of the water, when the test shall at one hundred and five degrees 
by again applying the flame of the*taper as hereinbefore specified; if no 
flash occurs, the test shall be repeated as often as the oil gains five degrees 
in temperature, three degrees with the lamp under the water-bath, and 
two degrees with the lamp removed; these tests shall be repeated until a 
flash is obtained; the inspector shall further test the oil by applying the 
taper at every two degrees rise, without removing the lamp or stirring,, 
but if a flash is obtained by this means by a less rise in temperature than 
five degrees herein required, he shall at once remove the lamp, stir the 
oil, and immediately apply the flame ; the taper used for testing may be 
made of any wood giving a clear flame, and it shall be made as slender 
as possible and with a tip not more than one-sixteenth of an inch in thick- 
ness; no taper or match with sulphur upon it shall be used, unless the 
sulphur is removed before lighting; when the taper is lighted it shall be 
applied to the oil immediately, that is to say, before an ash or coal has had 
time to form on the end of the taper beyond the flame, and in applying 
the taper the flame shall be made to touch the oil, but the taper itself shall 
not be brought in contact with the oil, and if the taper is so brought in 
contact with the oil, but not held there longer than for the space of one 
second, and the oil flashes, the test shall not thereby be vitiated, but the 
inspector shall immediately remove the lamp, and again test the oil by the 
flame without allowing the body of the taper to touch the oil; no oil or 
other substance, which, by the test herein described, flashes at any temper- 
ature below one hundred and twenty degrees Fahrenheit, shall be allowed 
to be sold, or offered for sale, or consumed for illuminating pu:>poses in 
this state-; but it shall be deemed a sufficient compliance with the provis- 
ions of this section to test the oil or oils herein described by an apparatus 
known as the “ Foster cup ” or Foster’s automatic oil tester ; and it is law- 
ful to sell, for illuminating purposes, any oil or oils herein described, to be 
consumed within the state, which bear a flash test of one hundred and 
twenty degrees Fahrenheit, as shown by said apparatus, and the state in- 
spector is hereby authorized to substitute the test by the Foster cup, 
or Foster’s automatic oil tester, instead of the test by the open cup, as 42 
MANUAL OF THE LAWS OF 
herein provided, if, in his judgment, by such change a greater uniformity 
of test throughout the state will be secured. (394; 81 v. 140.) 
Sec. 145. [State inspector of oils; appointment and term of; 
empowered to appoint deputies; duties of; rejected oil.] Immediately 
upon the taking effect of this act, the governor shall appoint, by and with 
the advice and consent of the senate, a skilled and suitable person, who is 
not interested in manufacturing, dealing, or reducing any illuminating 
oils manufactured from petroleum, as state inspector of oils, whose term 
of office is for two years, to commence from the fifteenth day of May, 1884, 
and continue until his successor is appointed and qualified; and in case 
of a vacancy occurring by death, resignation, or otherwise, the governor 
shall fill the same as provided in section twelve of the revised statutes of 
Ohio ; provided that the present state supervisor of oils shall continue in 
office and perform the duties of state supervisor of oils, under this act un- 
til May 15, 1884. The inspector, when so appointed and qualified, is em- 
powered to appoint a suitable number of deputies who are not interested 
in manufacturing, dealing, or vending any illuminating oils manufactured 
from petroleum, who are empowered to perform the duties of inspection, 
and are liable to the same penalties as the inspector; and the inspector 
may remove any of the deputies for reasonable cause, and appoint others 
in their place; provided, that all deputy supervisors of oils now in office 
shall remain and perform the duties thereof, under this act, until May 15, 
1884. The inspector and his deputies shall provide themselves, at their 
own expense, with the necessary instruments and apparatus, and stencils, 
brands and stamps, for testing and marking the quality of illuminating 
oils, and when called upon for that purpose to promptly inspect all oils 
herein mentioned, and to reject for illuminating purposes, for consump- 
tion in this state, all oils which, by being adulterated with naphtha, ben- 
zine, parafine, or other light oils or other substance, or for any other reason, 
will not stand and be equal to the test herein prescribed. The inspector 
shall prepare the forms of all stencils, brands, and stamps provided for in 
this chapter, and also such general regulations and rules for inspection, 
not inconsistent with the terms and provisions of this chapter, and such 
rules and regulations shall be binding on all deputy inspectors in the 
state. The inspector and his deputies are required to test the quality of 
all mineral or petroleum oils, or any oil, fluid or substance which is a 
product of petroleum or into which petroleum or any product of petroleum 
enters, or is found as a constituent element, which is offered or intended 
to be offered for sale for illuminating purposes in this state, and if upon 
such testing or examination the same meets the requirement herein speci- 
fied, the inspector or his deputies shall affix by stencil or brand, on any 
package, cask or barrel containing the same, and by a stamp subscribed 
with his official signature, the word “approved,” with the date of such in- 
spection ; and it will then be lawful for any manufacturer, vendor, or dealer, 
to sell the same, to be consumed within the state as an illuminator; but 
if the oil so tested do< s not meet such requirements, he shall mark by 
stencil or brand, in plain lett-rs, on any package or barrel containing the 
same, and by a stamp subscribed with his official signature, the words 
“rejected for illuminating purposes,” giving the date of such inspection; 
and it shall be unlawful for the owner thereof to sell oil so branded as 
rejected, to be consumed within the state for illuminating purposes; and 
if any person sells or offers for sale such rejected oil, he shall be deemed 
guilty of a misdemeanor, and shall be subject to a penalty in any sum not 
less than one thousand dollars, or be imprisoned in the county jail not 
exceeding twenty days, or both. (395; 81 v. 142.) STATE BOARD OF HEALTH. 
43 
Sec. 146. [Oath and bond of inspector and deputy; fees of; 
record of inspection to be kept; deputies to make monthly returns to 
inspector.] Whoever is appointed state inspector or deputy inspector 
shall, before he enters upon the discharge of the duties of his office, take an 
oath of office, and file the same in the office of the secretary of state. 
The inspector must execute a bond to the state in the sum of twenty 
thousand dollars, with sureties to be approved by the secretary of state, 
conditioned for the faithful performance of the duties imposed upon him 
by law, which bond shall be for the use of all persons in any way 
aggrieved or injured by the acts or neglect of the inspector, and the same 
shall be filed with the secretary of state. 
The deputy inspectors must each execute a bond to the state in the 
sum of five thousand dollars, with sureties to be approved by the judge of 
probate of the county where the deputy is located, and file the same with 
the clerk of the court of common pleas in the county where he resides. 
The inspector or deputy inspector is entitled to demand and receive from 
the owner or party calling on him, or for whom he perlorms the inspection, 
the sum of forty cents tor a single barrel, package, or cask; twenty-five 
cents, each, when the lot does not exceed ten in number; fifteen cents, 
each, when the lot does not exceed twenty in number; ten cents, each, 
when the lot does not exceed fifty in number; and five cents, each, of all 
lots exceeding fifty barrels; and all fees so accruing shall be a lien on the 
oil so inspected. Every inspector or deputy inspector shall keep a true 
and accurate record of all oils so inspected and branded by him, which 
record shall state the date of the inspection, number of barrels, and the 
name of the person for whom inspected, and such record shall be open to 
the examination of any and all persons interested; and every deputy 
inspector shall, on the first Monday of each month, make a true and 
accurate return to the state inspector of all such inspections for the pre- 
ceding month, giving the quantity inspected, the date of the inspection, 
and tne name of the person for whom it is inspected; on the second Mon- 
day of November of each year, the state inspector shall make and deliver 
to the governor a report of the inspections, by himself and deputies during 
the preceding calendar year. (396; 81 v. 143.) 
Sec. 147. [Penalty for sale of uninspected oils; for using false 
brands, etc.] If any person for or as agent for any other person shall 
sell, or attempt to sell, to any person in this state any such oils to be con- 
sumed within this slate for illuminating purposes, whether manufactured 
in this state or not, before having the same inspected as provided in this 
chapter, he shall be fined in any sum not less than one hundred and not 
exceeding three hundred dollars; and if any person shall falsely brand 
any package, cask or barrel, as provided in section 394, or shall refill 
and use any package, cask or barrel having the inspector’s brand thereon, 
without having the oil therein inspected, he shall be fined in any sum 
not exceeding five hundred dollars nor less than one hundred dollars, or 
be imprisoned in the county jail not exceeding six months, or both, at 
the discretion of the court. (397; 81 v. 143.) 
Sec. 148. [For using uninspected oil ] Whoever knowingly use* 
for illuminating purposes, any oil or product of petroleum, before the 
same has been inspected and branded by the state inspector, or his deputy, 
as hereinbefore provided, shall be fined in any sum not exceeding one 
hundred dollars, nor less than twenty dollars. (398; 81 v. 144.) 
Sec. 149. [For selling casks without defacing brand.] Any per- 44 
MANUAL OF THE LAWS OF 
son selling or dealing in illuminating oils produced from petroleum, who 
sells or disposes of any empty barrel, cask or package which has been 
branded by the inspector, or a deputy inspector, before thoroughly cancel- 
ing, removing and effacing the inspector’s brand on the same, shall be 
fined fifty dollars ($50) for each barrel, cask or package thus sold or disposed 
of. (399; 81 v. 144.) 
Sec. 150. [Oils shall not be adulterated.] No person may adul- 
terate with any substance whatever, for the purpose of sale, or for illumin- 
ating purposes, any oil obtained from petroleum, or obtained from coal, 
in such manner as to render it dangerous to use; nor shall any person 
knowingly sell or offer for sale any Oil obtained from petroleum, or from 
coal, or from the products of either, for illuminating purposes within this 
state, which by reason of being adulterated, or for any reason whatever, 
will flash at a temperature less than one hundred and twenty degrees 
of Fahrenheit’s thermometer and the test herein prescribed ; but oils not 
bearing the test herein prescribed, may be used in street lamps for lighting 
streets or public wharves, ways or alleys, and also the gas or vapor from 
such oils may be used for illuminating purposes, when the oils from which 
said gas or vapor is generated, are contained in reservoirs under ground, out- 
side the building illuminated or lighted by the gas or vapor, and a person 
violating any of the provisions of this section shall be punished by im- 
prisonment in any county jail not more than one year, or by a fine not 
exceeding five hundred dollars ($500), or by such fine and imprisonment 
at the discretion of the court. (400; 81 v. 144.) 
Sec. 151. [Responsibility of dealers in oils.] Whoever shall sell 
or keep for sale, to be consumed in the state, any illuminating oil manu- 
factured from petroleum or its products, and not inspected as provided in 
this chapter, shall be responsible to the party or parties injured for any 
violation of the provisions of this chapter by himself or by any clerk or 
person in his employ, in the sale of such oil. (401; 81 v. 144.) 
Sec. 152. [Duties of inspector and deputies as to violations of 
law.] The inspector, or any deputy inspector, who shall know of the 
violation of any of the provisions of this chapter, shall enter complaint 
before any court of competent jurisdiction, against any person so offend- 
ing; and in case any inspector, or deputy inspector, having knowledge of 
the violation of the provisions of this chapter, shall neglect to enter com- 
plaint as required by and provided for in this chapter, he shall be fined 
in any sum not exceeding five hundred dollars, and be removed from his 
position as such inspector or deputy inspector. (402; 81 v. 145.) 
Sec. 153. [Inspector or deputy not to traffic in oils; disputes: to 
whom submitted.] No inspector or deputy inspector shall, while in 
office, traffic directly or indirectly, in any article in which petroleum or 
other product thereof is a constituent part, which he is appointed to inspect, 
and in case of any violations of the provisions of this section by any in- 
spector, or deputy inspector, he shall be fined in any sum not exceeding 
five hundred dollars, and be removed from his position as such inspector 
or deputy inspector. All questions of dispute arising between the inspec- 
tors and manufacturers or dealers, shall be submitted to the proressor of 
chemistry in the Ohio state university at Columbus, for consideration, and 
his decision shall b& final. (403; 81 v. 145.) 
Sec. 154. [Liability for damages.] Whoever shall knowingly sell 
or cause to be sold, any oil mentioned in this chapter, for illuminating 
purposes, which is below one hundred and twenty degrees Fahrenheit, STATE BOARD OF HEALTH. 
45 
when tested as provided in section 394, shall be liable to any person pur- 
chasing any of such oil, or to any person injured thereby, for all damages 
resulting from any explosion thereof, and it shall be no defense that the 
inspector’s brand was upon the cask, or package or barrel from which the 
oil was taken. (404; 81 v. 145 ) 
Sec. 155. [Adulterating coal oil.] Whoever adulterates, with 
any substance wdatever ,forthe purpose of sale, or for use for illuminating 
purposes, an)T oil obtained from petroleum or coal, in such manner as to 
render it dangerous to use, or knowingly sells or oflers for sale, or know- 
ingly uses any oil obtained from petroleum or coal, or the products of 
either, for illuminating purposes within this state, which, by reason of 
being adulterated, or ior any reason whatever, will flash at a temperature 
less than one hundred and twenty degrees of Fahrenheit’s thermometer, 
under the test prescribed law, shall be imprisoned not more than one 
year, or fined not more than five hundred dollars, or both ; but the pro- 
visions of this section do not extend to oils used in street lamps for light- 
ing streets, public wharves, ways, or alleys, nor to the use of the gas or vapor 
from such oils, when the oil from which such gas or vapor is generated is 
contained in reservoirs under ground, outside the building lighted or illu- 
minated by such gas or vapor. (6954 ; 75 v. 564.) 
DYNAMITE. 
Sec. 156. [Manufacture, storing and transporting of nitro- 
glycerine.] Whoever manufactures the substance or material generally 
known as and called nitro-glycerine, or any compound thereof, within one 
hundred and sixty rods of any occupied dwelling or public building, or 
stores the same, in any quantity exceeding one hundred pounds, within 
the limits of any municipal corporation, or within one hundred and 
sixty rods of any occupied dwelling or public building, or trans- 
ports or carries the same in any package not having written or 
printed, upon two sides thereof, in plain and distinct letters, the words 
“Nitro glycerine—dangerous,” or in any vehicle or watercraft upon which 
any passenger is at the same time being conveyed, or in any vehicle 
upon the sides and ends of which there shall not have been printed, 
in plain and distinct letters, large enough to occupy a space two inches 
wide by eighteen inches long, the words “Nitro-glycerine—dangerous,” 
shall be fined not more than one thousand dollars, or imprisoned not 
more than three months, or both. (6953; 68 v. 105.) 
Sec. 157. [Firing cannon or exploding gunpowder on public 
Street.] Whoever, except in case of invasion by a foreign enemy, or to 
suppress insurrection or a mob, or for the purpose of raising the body of 
a person drowned, or for the purpose of blasting or removing rock, fire* 
an cannon, or explodes at any time more than four ounces of gunpowder, 
upon any public street or highway, or nearer than ten rods to the same, 
shall be fined not more than fifty nor less than five dollars. (7004; 43 ▼ 
17.) 
Sec. 158. [Sale or use of dynamite, etc.] It shall be unlawful for 
any person, firm or corporation to manufacture, sell or use the substance or 
material known as and called dynamite or other nitro-explosive com- 
pound, within the state of Ohio, contrary to the provisions of this act 
(8035-206; 82 v. 182.) 
Sec. 159. [Application for license to manufacture the same.] 
Whoever desires to engage in the manufacture of dynamite or any eom- 46 
MANUAL OF THE LAWS OF 
pound thereof, within the state of Ohio, shall first make application in writ- 
ing to the common council of the city or incorporated village in which the 
same is to be located, or to the board of township trustees, if it is to be located 
without the corporate limits of a city or village, setting forth the fact of 
his or their intention to eDgage in the manufacture of dynamite or other 
nitro-exploeive compound, the name in full of the person or persons com- 
prising such firm, or, if a corporation, the names of the incorporators, an 
accurate description of the premises upon which it is to be located, and how 
far separated from other buildings, which statement shall be made under 
oath, signed by all the parties, or if a corporation, by the president and 
•ecretary thereof. (8035-207; 82 v. 182.) 
Sec. 160. [License: how granted.] The common council of any 
•ity or incorporated village within this state, or the trustees of any town- 
ghip, may, by a majority vote of all the members elected thereto, at a 
regu'ar meeting, upon application duly made under the provisions of this 
act, grant a certificate of license to any person, firm or corporation, author- 
izing the same to manufacture the substance or material known as dyna- 
mite or other nitro-explosive compound, in accordance with the conditions 
and restrictions hereinafter mentioned. (8035-208; 82 v. 182 ) 
Sec. 161. [Penalties in regard to the manufacture, storage and 
transportation of dynamite.] It shall be unlawful for any person, firm 
or corporation to engage in the manufacture of dynamite or other nitro- 
explosive compound, within this state, without having first procured the 
certificate of license provided for in the prect ding section, or within one 
hundred and sixty rods of any occupied dwelling or public building, ex- 
©ept that the trustees of any township may, if in their judgment they 
deem it expedient and proper, authorize the location and establishment 
of such manu'actory at a hss distance than one hundred and sixty rods 
from any occupied dwelling, and it shall also be unlawful for any person, 
fir m or corporation, to store dynamite or other nitro-explosive compound, 
in any quantity exceeding one hundred pounds, within the limits of any 
municipal corporation, or within forty rods of any occupied dwelling or pub- 
lic building, or to transport or carry the same in any package not having writ- 
ten or printed upon two sides thereof in plain and distinct letters the words 
“Dynamite—dangerous,” or in any railroad car or water craft without 
having the packages containing the same marked as above; and any one 
convicted of the violaiiou of the provisions of this section, shall be fined 
in any sum not less than three hundred nor more than five hundred 
dollars, or imprisoned in the county jail not less than three months nor 
more than one year, or both, at the discretion of the court. (8035-209; 
82 v. 182.) 
Sec. 162. [Sales to minors or without labels; sales registered; 
penalties for violations of this act.] It shall be unlawful f or any per- 
son, firm or corporation to sell or give away any quantity of the substance 
known as dynamite or other nitro-explosive compound to any minor, or 
to sell or give away the same to any person without marking the word 
“dynamite” upon the label, wrapper, or vessel containing it, and shall also 
register in a book, to be by him kept for that purpose, the day and date 
upon which it is sold, or given away, the quantity thereof, the name, age, 
sex, color and place of residence of the person obtaining the same, the 
purpose for which it is required, and the name and place of abode of the 
person for whom the same is intended; and any person convicted of the 
violation of the provisions of this section, shall be fined in any sum not STATE BOARD OF HEALTH. 
47 
less than one hundred dollars, or imprisoned in the county jail not less 
than three months, or both. (8035-210; 82 v. 183.) 
Sec. 163. [Unlawful use and possession of dynamite.] Whoever 
•arries concealed on or about his person any cartridge shell or bomb 
•ontainiDg dynamite or other nitro-explosive compound, or has in his 
possession or under his control any dynamite or other nitro explosive com- 
pound, for any other than legitimate and lawful use or uses, or attempts 
to use the same in any manner to the injury of persons or property, or 
•hall place or deposit the same upon or about the premises of another, 
without the consent of such person, shall, upon conviction thereof, be 
imprisoned in the penitentiary not less than five years. (8035-211; 82 v. 
183.) 
FIREARMS. 
Sec. 164. [Penalty for selling or giving, etc., firearms to minors. J 
Whoever sells, barters, or gives away to any minor under the age of four- 
teen years, any air-gun, musket, rifie-gun, shot-gun, revolver, pistol or 
other fire-arm of any kind or description whatever, or ammunition for the 
same, or whoever being the owner, or having charge or control of any 
such air-gun, musket, rifle-gun, shot-gun, revolver, pistol, or other fire- 
arm knowiDgly permits the same to be used by such minor, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be 
Ined in any sum not exceeding one hundred dollars, or be imprisoned in 
jail not exceeding thirty days, or both. (6986a; 77 v. 79.) 
Sec. 165. [Unlawful to sell toy pistols to minors under fourteen 
years; penalty.] It shall b9 unlawful for any firm, company or person 
in the state of Ohio, to sell or exhibit for sale any pistol, manufactured 
out of any metallic or hard substance, commonly known as the “toy 
pistol,” to a minor under the age of fourteen years; any firm, company 
or person violating the provisions of this act, shall be deemed guilty of a 
mislemeanor, and upon conviction thereof shall be fined not less than 
ten nor more than fifty dollars, or be imprisoned not less than ten days 
nor more than twenty days, or both, and shall be liable to a civil action 
in damages to any person injured by such sale. (69866; 80 v. 222.) 
Sec. 166. [Carrying concealed weapons.] Whoever carries any 
pistol, bowie-knife, dirk, or other dangerous weapon, concealed on or 
about his person, shall be fined not more than two hundred dollars, or im- 
prisoned not more than thirty days; and, for a second offense, fined not 
more than five hundred dollars, or imprisoned not more than three 
months, or both. (6892; 56 v. 56.) 
Sec. 167. [Pointing fire arms at, and discharging the same, and 
injuring thereby.] Whoever intentionally, and without malice, points 
or aims any firearm at or toward any person, or discharges any firearm 
*o pointed or aimed, or maims or injures any person by the discharge of 
any firearm so pointed or aimed, shall be fined not more than one hund- 
red dollars, or imprisoned not more than one year or both. This section 
shall not extend to any case when firearms are used in self-defense, or in 
the discharge of official duty, or in case of justifiable homicide. (6822; 72 
t. 44.) 
(This section was not intended to cover a case of homicide, but one where th» 
maiming or injury does not produce death: Williamson v. State, 2 c. c., 292.) 48 
MANUAL OF THE LAWS OF 
DIVISION VIII. 
Relating to JMines and JMiners. 
Sec. 168. [Their powers and duties.] The chief inspector and 
district inspectors shall give their whole time and attention to the dutie« 
of their offices, respectively; it shall be the duty of the district inspectors 
to examine all the mines in their respective districts as often as possible, 
to see that all the provisions and requirements of this chapter are strictly ob- 
served and carried out; they shall particularly examine the works and 
machinery belonging to any mine, examine into the state and condition 
of the mines as to ventilation, circulation and condition of air, drainage 
and general security; they shall make a record of all examinations of 
mines in their respective districts, showing the date when made, the con- 
dition in which the mines are found, the extent to which the laws relat- 
ing to mines and mining are observed or violated, the progress made in 
the improvement and security of life and health sought to be secured by 
the provisions of this chapter, number of accidents, injuries received, or 
deaths in or about the mines, the number of mines in their respective dis- 
tricts, the number of persons employed in or about each mine, together 
with all such other facts and information of public interest concerning 
the condition of mines, development and progress of mining in their re- 
spective districts as they may think useful and proper, which record shall, 
on or before the first Monday of every month, be filed in the office of the 
ohief inspector, to be by him recorded, and so much thereof as may be of 
public interest, to be included in his annual report; in case of any con- 
troversy or disagreement between a district inspector and the owner and 
£or?] operator of any mine, or the persons working therein, or in case of 
conditions of emergencies requiring counsel, the district inspector may 
call on the chief inspector for such assistance and council as may be neces- 
sary ; should the district inspector find any of the provisions of this chap- 
ter violated, or not complied with, by any owner, lessee, or agent in charge 
of any mine, he shall immediately notify such owner, lessee, or agent in 
charge, of such neglect or violation, and unless the same is, within a reason- 
able time, rectified, and the provisions of this chapter fully complied with, he 
shall institute a prosecution under the provisions of section 6871 of the 
Revised Statutes. The inspectors shall exercise a sound discretion in the 
enforcement of the provisions of this act, and if in any respect (which ie 
not provided against by, or may result from a rigid enforcement of any 
express provisions of this chapter), the inspector find any matter, thing 
or practice in or connected with any such mine, to be dangerous or defec- 
tive, so as in his opinion to threaten or tend to the bodily injury of any per- 
son, the inspector may give notice in writing thereof to the owner, agent 49 
STATE BOARD OF HEALTH. 
or manager of the mine, and shall state in such notice the particulars in 
which he considers such mine, or any part thereof, or any matter, thing 
of [or?] practice to be dangerous or defective, and require the same to be 
remedied. For the purpose of making the inspection and examinations 
provided for in this section, the chief inspector and the district inspectors 
shall have the right to enter any mine at all reasonable times, by night or 
by day, but in such manner as shall not unnecessarily obstruct the work- 
ing of the mine; and the owner or agent of such mine is hereby required 
to furnish the means necessary for such entry and inspection ; the inspec- 
tion and examination herein provided for shall extend to fire-clay, iron 
ore, and other mines, as well as coal mines. (292; 85 v. 106.) 
Sec. 169. [Outlets required.] It is unlawful for the owner or agent 
of any coal mine, worked by shaft, to employ or permit any person to 
work therein, unless there are, to every seam of coal worked in each mine, 
at least two separate outlets, separated by natural strata of not less than 
one hundred feet in breadth, by which shafts or outlets distinct means of 
ingress and egress are always available to the persons employed in the 
mine; but it is not necessary for the two outlets to belong to the same 
mine, if the persons employed therein have safe, ready and available 
means of ingress and egres3 by not less than two openings. This section 
shall not apply to opening a new mine while being worked for the purpose 
of making communication between said two outlets, so long as not more 
than twenty persons are employed at any one time in such mine, neither 
shall it apply to any mine, or part of a mine in which' the second outlet 
has been rendered unavailable by reason of the final robbing of pillars 
previous to abandonment, so long as not more than twenty persons are em- 
ployed therein at any one time. The cage or cages, and other means of egress 
shall at all times be available for the persons employed, where there is no 
second outlet. The escapement shafts shall be fitted with safe and avail- 
able appliances by which the persons employed in the mine may readily 
escape in case an accident occurs deranging the hoisting machinery at the 
main outlets, and such means or appliances for escape shall always be 
kept in a safe condition; and in no case shall an air shaft, with a venti- 
lating furnace at the bottom, be construed to be an escapement shaft, 
within the meaning of this section. To all other coal mines, whether 
slopes or drifts, two such openings or outlets must be provided within 
twelve months after shipments of coal have commenced from such mine; 
and in case such outlets are not provided as herein stipulated, it shall not 
be lawful for the agent or owner of such elope or drift to permit more than 
ten persons to work therein at any one time. In case a coal mine has but 
one shaft, slope, or drift, for the ingress or egress of the men working 
therein, and the ow*ner thereof does not own suitable surface ground for 
another opening, he may select and appropriate any adjoining land for 
that purpose, and may make an additional shaft or outlet under, through 
or upon any intervening land, or landing adjoining, and shall be governed 
in his proceeding in appropriating such land by the provisions of law in 
force, providing for the appropriation of private property by corporations, 
and such appropriation may t>8 made, whether he is a corporator or not; 
but no land shall be appropriated under the provisions of this chapter 
until the court is satisfied that suitable premises can not be obtained upon 
reasonable terms. (297; 85 v. 185.) 
Sec. 170. [Ventilation.] The owner or agent of every coal mine, 
whether shaft, slope or drift, shall provide and maintain for every such 
mine, an amount of ventilation of not less than 100 cubic feet, per minute, 50 
MANUAL OF THE LAWS OF 
per person employed in such mine, which shall be circulated and dis- 
tributed throughout the mine in such a manner as to dilute, render harm- 
less, and expel the poisonous and noxious gases from each and every 
working-place in the mine, and no working-place shall be driven more 
than sixty feet in advance of a break-through, or air-way; and all break- 
throughs, or air-ways, except those last made near the working-faces of the 
mine shall be closed up and made air-tight, by brattice, trap doors, or 
otherwise, so that the currents of air in circulation in the mine may sweep 
to the interior of the mine where the persons employed in such mine are 
at work, and all mines governed by the statute shall be provided with 
artificial means of producing ventilation, such as forcing, or suction fans, 
exhaust steam, furnaces or other contrivances, of such capacity and power 
as to produce and maintain an abundant supply of air, and all mines 
generating fire-damp shall be kept free from standing gas, and every work- 
ing-place shall be carefully examined every morning with a safety lamp 
by a competent person or persons, before any of the workmen are allowed 
to enter the mine. All underground entrances to any places not in 
actual course of working or extension, shall be properly fenced across the 
whole width of such entrances so as to prevent persons from inadvertently 
entering the same. (298; 83 v. 182.) 
Sec. 171. [Safety apparatus and precautions; boilers.] The 
owner or agent of every coal mine operated by shaft, in ail cases where the 
human voice can not be distinctly heard, shall forthwith provide and 
maintain a metal tube from the top to the bottom of such shaft suitably 
calculated for the free passage of sound therein, so that conversation may 
be held between persons at the bottom and top of the shaft; there shall 
also be provided an approved safety catch, and a sufficient cover overhead, 
on all carriages used for lowering and hoisting persons, and in the top of 
every shaft an approved safety gate, and an adequate brake shall be at- 
tached to every drum or machine used for lowering or raising persons in 
all shafts or slopes; and there shall also be provided in every shaft a 
traveling or passage way from one side of a shaft bottom to the other, so 
that persons working therein may not have to pass under descending 
cages; and all slopes or engine-planes, used as traveling ways by persons 
in any mine, shall be made of sufficient width to permit persons to pass 
moving cars with safety; but if found impracticable to make any slope or 
engine plane of sufficient width, then safety-holes of ample dimensions, 
and not more than sixty feet apart, shall be made on one side of said slope 
or engine-plane. Such safety-holes shall always be kept free from ob- 
structions, and the roof and sides shall be made secure. The boilers used 
for generating steam, and the buildings containing the boilers shall not be 
nearer than sixty feet to any shaft or slope, or to any building or inflam- 
mable structure connected with or surrounding said shaft or slope; but 
this section shall not apply to any shaft or slope, until the work of de- 
velopment and shipment of coal has commenced. (299; 83 v. 182.) 
Sec. 172. [Competent engineers must be employed, etc.] No 
owner or agent of any coal mine operated by a shaft or slope shall place 
in charge of any engine used for lowering into or hoisting out of such 
mine persons employed therein any but experienced, competent, and sober 
engineers; and no engineer in charge of such engine shall allow any per- 
son, except such as may be deputed for that purpose by the owner or 
agent, to interfere with it or any part of the machinery, and no person 
shall interfere or in any way intimidate the engineer in the discharge of 
his duties; and in no case shall more than ten men ride on any cage or STATE BOARD OF HEALTH. 
51 
oar at one tims, and no person shall ride upon a loaded cage or car in any 
•haft or slope. (300; 71 v. 21.) 
Sec. 173. [Lighting and ventilation; notice of accidents, duty 
of inspectors; penalty; other notices to be given chief inspector 
of mines.] All safety lamps used lor examining coal mines, or which 
are used in any coal mine, shall be the property of the owner of the min 
and shall be under the charge of the agent thereof, and in all mine 
whether they generate fire-damp or not, the doors use[d] in assisting or 
directing ventilation of the mine, shall be so hung or adjusted that they 
will shut of their own accord and can not stand open; and all main doors 
•hall have an attendant, whose constant duty shall be to open them for 
transportation and travel, and prevent them from standing open longer 
than is necessary for persons or cars to pass through; and the mining 
boss shall keep a careful watch over the ventilating apparatus and the 
airway, and he shall measure the ventilation at least once a week, at the 
inlet and outlet, and also at or near the face of all the entries, and the 
measurements of air so made shall be noted on blanks, furnished by the 
chief inspector; and on the first day of each month the mining boss of 
each mine shall sign one of such blanks, properly filled with the sai 
actual measurements, and forward the same to the chief inspector, and 
any mining boss making false returns of such air measurements shall be 
deemed guilty of an oflense against this section. Every person having 
charge of any mine, whenever loss of life occurs by accident, connected 
with the working of such mine, or by explosion, shall give notice thereof 
forthwith, by mail or otherwise, to the inspector of mines,'and to the 
coroner of the county in which such mine is situated, and the coroner 
shall hold an inquest upon the body of the person or persons whose death 
has been caused, and inquire carefully into the cause thereof, and shall 
return a copy of the finding and all the testimony to the chief inspector. 
The owner, agent, or manager of every mine shall, within twenty-four 
hours next after any accident or explosion, whereby loss of life or personal 
injury may have been occasioned, send notice in writing to the chief in- 
spector, and shall specify in such notice the character and cause of the 
accident, and the name or names of persons killed and injured, with the 
Qxtent and nature of the injuries sustained. When any personal injury, 
of which notice is required to be sent under this section, results in the 
death of the person injured, notice in writing shall be sent to the chief 
inspector within twenty-four hours after such death comes to the knowl- 
edge of the owner, agent or manager; and when loss of life occurs in any 
mine by explosion, or accident, the owner, agent, or manager of such mine 
shall notify the chief inspector, or the district inspector, forthwith, of the 
fact, and it shall be the duty of the chief inspector to go himself, or require 
one of the district inspectors to go, at once to the mine in which said 
death occurred, and inquire into the cause of the same, and to make a 
written report, fully setting forth the condition of the part of the mine 
where such death occurred, and the cause which led to the same; which 
report shall be filed by the chief inspector in his office as a matter or [of] 
record, and for future reference. 
For any injury to persons or property, occasioned by any violation of 
this act, or any willful failure to comply with its provisions by any owner, 
agent or manager of any mine, a right of action shall accrue to the party 
injured, for any direct damage he may have sustained thereby; and, in 
any case of loss of life, by reason of such willful neglect or failure, afore- 
said, a right of action shall accrue to the widow and lineal heirs of the 52 
MANUAL OF THE LAWS OF 
person whose life shall be lost, for like recovery of damages for the injury 
they shall have sustained. 
The owner, agent, or manager of any mine shall also give notice to 
the chief inspector of mines in any or all of the following cases: 
1. Where any change occurs in the name of any mine, or in the name 
of any owner, agent, or manager of any mine, or in the officers of any 
incorporated company which owes or operates a mine. 
2. Where any workiug is commenced for the purpose of opening a 
new shaft, slope or mine, to which this act applies. 
3. Where any mine is abandoned or the working thereof discontinued. 
4. Where the working of any mine is re-commenced after any aban- 
donment or discontinuance for a period exceeding three months. 
5. Where the pillars of a mine are about to be removed or robbed. 
6. Where a squeeze or crush, or any other cause or change may seem 
to affect the safety of persons employed in any mine, or where fire occurs, 
or a dangerous body of gas is found in any mine. (301; 85 v. 185.) 
Sec. 174. [Employment of minors.] No boy under twelve years 
of age shall be allowed to work in any mine, nor any minor between the 
ages of twelve and sixteen years unless he can read and write; 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; and the mine inspector 
may, where doubt exists as to the age of any minors found working in 
any mine, qualify the said minor or his parents as to his age (302; 
85 v. 325.) 
Sec. 175. [Action for non-compliance with statutes.] In case 
any coal mine does not, in appliances for the safety of the persons working 
therein, conform to the provisions of this chapter, or the owner or agent 
disregards the requirements of this chapter, any court of competent juris- 
diction may, on application of the inspector, by civil action in the name 
of the state, enjoin or restrain the owner or agent from working or operat- 
ing such mine until it is made to conform to the provisions of this chapter; 
and such remedy shall be cumulative, and shall not take the place of or 
affect any other proceedings against such owner or agent authorized by 
law for the matter complained of in such action. (303; 85 v. 325.) 
Sec. 176. [Mines to which certain statutes do not apply.] The 
provisions of this chapter shall not apply to or affect any coal mine in 
which not more than ten men are employed at the same time; but the 
inspector shall at all times have free ingress to such mines for the purpose 
of examination and inspection, and shall direct and enforce any regula- 
tions in accordance with the provisions of this chapter that he may deem 
necessary for the safety of the health and lives of the minors employed 
therein. (306; 85 v. 325.) 
Sec. 177. [Mines : penalty for injuring.] Whoever knowingly 
violates any of the provisions of sections 297, 298, 299, 300, 301, 302, and 
305, or does any act whereby the life or health of the persons, or the 
security of any mine and machinery are endangered, or any miner or 
other person, employed in any mine governed by the statute, who inten- 
tionally and willfully neglects or refuses to securely prop the roof of any 
working place under his control, or neglects or refuses'to obey any order 
given by the superintendent of a mine, in relation to the security of the 
mine in the part thereof where he is at work, and for fifteen feet back from STATE BOARD Of HEALTH 
53 
the face of his working place, or any miner, workman or other person, who 
shall knowingly injure any water-gauge, barometer, air-course or brattice, 
or shall obstruct or throw open any air-ways, or shall handle or disturb 
any part of the machinery of the hoisting engine, or open a door of the 
mine and not have the same closed again, whereby danger is produced 
either to the mine or those that work therein, or who shall enter any part 
of the mine against caution, or who shall disobey any order given in pur- 
suance of this act, or who shall do any willful act, whereby the lives and 
health of persons wmrking in the mine, or the security of the mine, or the 
machinery thereof is endangered, or any person having charge of a mine, 
whenever loss of life occurs by accident connected with the working of 
such mine, or by explosion, who neglects or refuses to give notice thereof 
forthwith, by mail or otherwise, to the chief inspector of mines, and to the 
coroner of the county in which such mine is situate, or any such coroner 
who neglects or refuses to hold an inquest upon the body of the person 
whose death has been thus caused, and return a copy of his findings and 
all the testimony to the inspector, shall be fined not less than fifty dollars, 
or imprisoned in the county jail not more than thirty days, or both. The 
owner, agent, or operator of every coal mine shall keep a supply of timber 
constantly on hand, and shall deliver the same to the working place of the 
miner, and no miner shall be held responsible for accidents which may 
occur in mines where the provisions of this section have not been com- 
plied with by the owner, agent, or operator thereof. (6871; 86 v. 301. 
DIVISION IX. 
RELATING TO 
SKops ar\d Factories: Public Buildings. 
INSPECTOR OF WORKSHOPS AND FACTORIES, 
Sec. 178. [Appointment of inspectors.] The governor shall ap- 
point one chief inspector, by and with the advice and consent of the senate, 
who, with the approval of the governor, shall appoint three district in- 
spectors. The chief inspector and district inspectors shall be competent 
and practical mechanics. The chief inspector shall hold his office for a 
term of four years, and shall have his Qffice in the state-house, where shall 
be kept the records of his office, and the district inspectors shall hold their 
office for the term of three years from the first day of May after their re- 
spective appointments, and until their successors are appointed and quali- 
fied ; the first appointments hereunder shall be made within thirty days 
from the passage of this act; in case of the resignation, removal or death 
of the chief inspector, the vacancy shall be filled in the manner above 
provided for original appointments for the unexpired term only of the 
position so made vacant. (2573a, 2; 82 v. 178.) 54 
MANUAL OF THE LAWS OF 
Sec. 179. [Duties of inspectors.] The chief inspector and district 
inspectors shall give their whole time and attention to the duties of their 
offices respectively ; it shall be their duty to visit all shops and factories in 
their respective districts as often as possible, to see that all the pro visions 
and requirements of this act are strictly observed and carried out; they 
shall carefully inspect the sanitary condition of the same, [and it shall be 
their duty] to examine the system of sewerage in connection with said 
shops and factories, the situations and conditions of water closets or urinals 
in and about such shops and factories, and also the system of heating, 
lighting and-ventilating all rooms in such shops and factories where per- 
sons are employed at daily labor; also as to the means of exit from all such 
places in casfe of fire or other disaster, and also all belting, shafting, gear- 
ing, elevator!, drums and machinery of every kind and description in and 
about such shops and factories, and gee that the same are not located so as 
to be dangerous to employes when engaged in their ordinary duties, and 
that the same, so far as practicable, are securely guarded, and that every 
vat, pan or structure filled with molten metal or hot liquid shall be sur- 
rounded with proper safeguards for preventing accident or injury to those 
employed at or near them; and that all such are in a proper sanitary con- 
dition, and are adequately provided with means of escape in case of fire 
or other disaster. (2573a, 3; 82 v. 178 ) 
Sec. 180. [Inspector to have free access to all shops and facto- 
ries.] Said inspector shall have entry into all such shops and factories, 
including all public institutions of the state which have shops and facto- 
ries, or either, at any reasonable time, and it shall be unlawful for the 
proprietors, agents or servants in such factories or shops to prevent, at rea- 
sonable hours, his entry into such shops and factories for the purpose of 
such inspection. (25736; 86 v. 178.) 
Sec. 181. [Notice of necessary alterations or additions ; penalty 
for not making same.] Said inspectors, if they find upon such inspec- 
tion that the heating, lighting, ventilation or sanitary arrangement of any 
such shop or factory is such as to be injurious to the health of persons 
employed or residing therein, or that the means of egress in case of fire or 
other disaster is not sufficient, or that the belting, shafting, gearing, eleva- 
tors, drums and machinery in such shops and factories are located so as to 
be dangerous to employes, and not sufficiently guarded, or that the vats, 
pans or structures filled with molten metal or hot liquid, are not sur- 
rounded with proper safeguards for preventing accident or injury to those 
employed at or near them, shall notify the owners, proprietors or agents of 
such shops or factories to make the alterations or additions necessary 
within thirty (30) days, and if such alterations or additions are not made 
within thirty (30) days from the date of such notice, or within such time 
as said alterations can be made with proper diligence upon the part of 
such proprietors and owners, said proprietors, owner or agent so notified 
shall be deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not more than two hundred (200) and not less than ten (10) 
dollars, which fine shall be paid into the treasury of the county in which 
conviction is had. (2573c; 82 v. 178.) 
Sec. 182. [Public halls, etc., “ shops and factories” defined.] The 
term “shops and factories,” as used in sections 25736 and 2573c of the 
Revised Statutes of Ohio, shall be held to include the following : Manu- 
facturing, mechanical, electrical, mercantile, art and laundrying establish- 
ments, printing, telegraph and telephone offices, and hotels. And in case 
it is found on an inspection under section 2573c that the means of egress STATE BOARD OF HEALTH. 
55 
in case of fire or other disaster is not sufficient in any shop or factory as 
defined herein, the owner or agent for the owner of such building may be 
required by the state inspector, upon the notice and under the penalties 
of said section 2573c to provide the necessary fire-escapes. (1891, March 
2; 2573d; 88 v. 64 ) 
Sec. 183. [Forbidding employment of minors under fourteen 
years of age in manufactories or mines.] No minor under the age of 
fourteen years shall be employed in any factory, workshop or establishment 
wherein the manufacture of any goods of any kind is carried on, or in any 
of the mines in this state ; provided, that this act shall not apply to chil- 
dren more than twelve years of aga laboring not more than eight hours per 
day during the time they are not required by law to attend school, in such 
manufacturing institutions and at such employment therein as the in- 
spector of workshops and factories may find to be not detrimental to such 
child. (1891, April 25 : 6986; 88 v. 396.) 
Sec. 184. Employment of minors under the age of eighteen in 
manufactories; notice ; record.] No minor under the age of eighteen 
years shall be employed in any of the p!aces named for a longer period 
than ten hours a day, and in no case shall the hours of labor exceed sixty 
in one week; and every employer shall post in a conspicuous place in 
every room where such persons are employed a printed notice, stating the 
number of hours required of them in each day of the week; the form of 
such printed notice shall be furnished by the chief inspector of workshops 
and factories, and shall be approved by the attorney-general; and it shall 
also bB the duty of every employer of minors to keep a record, which shall 
be open to the inspection of the chief inspector of workshops and factories 
and of his assistants, giving the name of each minor employed, his or her 
name, date and place of birth, and also present residence, of the parents or 
guardians. (6986aa; 84 v. 249.) 
Sec. 185. [Penalty for violations of this act.] Any person or 
corporation who shall employ any person contrary to the provisions of 
this act, or who shall violate any of the provisions of this act, shall upon 
conviction thereof, be fined in any sum not less than fifty nor more than 
one hundred dollars, or imprisoned not less than thirty, nor more than 
ninety days. (698666 ; 82 v. 162.) 
Sec. 186. [Duty of inspector of shops; fines collected.] It shall 
be the duty of the inspector of shops and factories to pro-ecute all viola- 
tions of this act, when the same shall come to his knowledge, in any court 
of competent jurisdiction. All fines collected under this act shall inure 
to the benefit of the school fund of the district where the offense was com- 
mitted. (6986c; 82 v. 162.) 
Sec. 187. [Preventing the employment of children in certain 
occupations.] No child under the age of sixteen years, shall be em- 
ployed by any person, firm, or corporation in this state, at employment 
whereby its life or limb is endangered, or its health is likely to be injured, 
or its morals may be depraved by such employment. (1890, April 8: 87 
v. 161.) 
Sec. 188. [Penalty for violation.] Any person, firm, or corpora- 
tion in this state, who willfully causes or permits the life or limb of any 
child under the age of sixteen years to be endangered, or its health to be 
injured, or its morals to become depraved, from and while actually in 
their employ, or who willfully permits such child to be placed in such a 
position or to engage in such employment that its life or limb is in dan- 56 
MANUAL OF THE LAWS OF 
ger, or its health likely to be injured, or its morals likely to be impaired 
by such position or employment, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be fined in any sum not less 
than ten (10) dollars nor more than fifty (50) dollars, or imprisonment 
not less than thirty nor more than ninety days for each and every offense. 
(1890, April 8: 87 v. 161.) 
Sec. 189. [Duty inspector workshops and factories.] It shall be 
the duty of the state inspector of workshops and factories to enforce the 
provisions of this act. (1890, April 8: 87 v. 161.) 
Sec. 190. [Female employes; for preservation of health of.] 
Every person or corporation employing female employes in any manufac- 
turing, mechanical or mercantile establishment in this state, shall pro- 
vide suitable seats for the use of the female employes, so employed, and 
shall permit the use of such by them when they are not necessarily en- 
gaged in the active duties for which they are employed, and shall permit 
the use of such seats at all times when such use would not actually and 
necessarily interfere with the proper discharge of the duties of such em- 
ployes ; and shall also provide, on the same floor or floors of the building 
wherein any female persons are employed, suitable and separate toilet and 
dressing-rooms and water-closets for the exclusive use of such female 
employes. The state inspector of factories and workshops is hereby charged 
with the duty of seeing that the provisions of this section are observed 
and enforced. (1891, March 6; 8035-285 ; 88 v. 87.) 
Sec. 191. [Penalty.] Any person or corporation violating any of 
the provisions of this act shall be punished by a fine of not less than ten 
dollars nor more than twenty-five dollars for each offense. (8035-236; 82 
v. 132.) 
Sec. 192. [Manufacturers to report certain accidents to chief 
inspector of workshops.] It shall be the duty of all manufacturers of 
the state, to forward by mail to the chief inspector of workshops and 
factories, at Columbus, a report of each and every serious accident, result- 
ing in bodily injury to any person, which may occur in their establish- 
ment, giving particulars of the same as fully as can be ascertained, upon 
blanks which shall be furnished by the chief inspector of workshops and 
factories. If death shall result to any employe from any such accident, 
said report shall contain the age, name, sex and employment of the de- 
ceased, whether married, the number of persons, if any, deprived of sup- 
port in consequence thereof, and the cause of the accident, if known. If the 
accident has caused bodily injury of such a nature as to prevent the per- 
son injured from returning to his or her employment within six or more 
days after the occurrence of the accident, then the report shall contain the 
age, name, sex and employment of the disabled, the nature and extent of 
the injury received, how caused, if known, how long continuously dis- 
abled, loss of time and wages therefrom, and if possible the expense 
thereby incurred in fall. (7458-1; 85 v. 99.) 
Sec. 193. [Penalty for failure to so report; the term “ manufac- 
turer ” defined.] That any manufacturer who shall fail to comply with 
the requirement of this act in each case of death by accident within seven 
days thereafter, and in each case of injury by accident within thirty 
days thereafter, shall be fined in any sum not less than ten dollars 
nor more than fifty dollars. The term manufacturer, as applied in sec- 
tion one [7458-1] and in section two [7458-1, 7458-2] of this act, shall be held 
to mean any person who, as owner, manager, lessee, assignee, receiver, STATE BOARD OF HEALTH. 
57 
contractor, or who, ag agent of any incorporated company makes or causes 
to be made any kind of goods or merchandise, or who owns, controls, or 
operates any street railway, laundrying establishment, oris engaged in the 
construction of buildings, bridges or structures, or in loading or unloading 
vessels, 01 cars, or moving heavy materials, or operating dangerous 
machinery or in the manufacture or use of explosives. (7458-2 ; 85 v. 99.) 
Sec. 194. [Blanks for reports to be furnished by chief inspector 
of workshops ; proviso.] It shall be the duty of the chief iuspector of 
workshops and factories to supply all blanks necessary to make said re- 
ports as required in this act, and to prosecute all violations of this act 
when the same shall come to his knowledge; provided, that the furnish- 
ing of said blanks shall be a condition precedent to prosecution in any 
case. (7458-8; 85 v. 99.) 
DANGEROUS BUILDINGS. 
Sec. 195. [To prevent the erection of dangerous buildings.] It 
shall be unlawful for auy person, society, firm, agent, representative of 
any private or corporate authority or society; or any committee, commision, 
or board acting under any authority whatsoever, to erect or came to be er- 
ected, or for any architect, engineer, builder or other person to furnish any 
plan, description or specification for the purpose of erecting in the state of 
Ohio any structure, room or p ace where persons are invited, expt-cted, or per- 
mitted to assemble; for the purpose of entertainment, judgment, amuse- 
ment, instruction, betterment, treatment, or care; or to make any addition 
to or alteration therein, which shall in construction, arrangement, or means 
of egress be dangerous to the health or lives of persons so assembled. 
(7755-10; 86 v. 381.) 
Sec. 196. [Capacity of stairways, approaches, doorways, etc.; 
floors ; roof; walls; piers, pillars, arches, etc.; fire-escapes ; ventila- 
ting, lighting, and heating apparatus.] In evtry such structure, room 
or place, capable of containing fifty or more persons, the stairways and 
approaches thereto and all doorways and escapes therefrom, in their aggre- 
gate width, shall be of sufficient capacity to allow any audience which can 
be accommodated therein to escape therefrom in four minutes, moving 
at a rate of two feet per second, and allowing fjur square feet of floor 
space to each person, then adding for hindrance two feet to tUe width of 
each opening, passage or stairway. The doors from the same shall open 
outward, but no such room, or place (unless the structure be fire-proof) 
which is over six feet from the surface of the lot shall have less than two 
doors, stairways or exits. The floors of such structure[s] and all hall- 
ways, stairways, corridors, balconies and galleries therein or thereto shall 
be capable of sustaining a live load of one hundred pounds per square 
foot, with a safety factor of five. All supports for floors or other pares of 
such structures shall be fully capable of sustaining the aggregate loads and 
pressures above provided for in addition to any rythmical or vibrating 
motion which may be caused in the use of such structure. The roof or 
covering of such building shall be capable of sustaining a lire load of 
thirty pounds of vertical pre-sure and a horizontal wind pressure of forty 
pounds per square foot, with a safety factor of five. When walls supporting 
floors are of common brick work, the minimum of thickness and the 
maximum of height, supposing the length to equal the height, shall be, 58 
MANUAL OF THE LAWS OF 
where no openings occur, 9-inch wall, 10 feet, used inside only; 13-inch 
wall, 20 feet; 17-inch wall, 30 feet; 21-inch wall, 40 feet; 26-inch wall, 50 
feet; 30-inch wall, 60 feet; but when thinner walls stand upon thicker 
walls the total height shall not exceed the one above given. Walls of hard 
brick, laid in cement, may be increased fifty per cent, above these dimen- 
sions. When walls between supports are of greater or less length than 
the height, the length may be increased two feet for each foot the height 
is reduced; or reduced one-half foot for each foot the height is increased, 
from the dimensions given in this section. When there are buttresses or 
pilasters extending to the foundations and projecting from the wall, the 
thickness of the wall may be reduced by one-half the depth of such pro- 
jections, provided they occupy at least one-tenth of the surface of the wall, 
and the thickness of the intervening walls, considered separately, shall 
not be less than w'hat has been given in this section; provided, however, 
that when any wall is strengthened by firm anchoring of girders, floors 
or roofs, such anchors not being more than twelve times the thickness of 
the wall from each other, either horizontally or vertically, the surface of 
such wall may be doubled. The thickness of level-bedded stone walls to 
be the same as brick. For rough stone not in courses, add twenty-five per 
cent, to the thickness for brick. Where openings occur, thicken the walls 
by their ratio of surface. All piers, pillars and columns shall be capable of 
sustaining the aggregated live load given and the weight of the building. 
All arches must contain the line of pressure within the middle one- 
third of the voussoirs. The greatest pressure allowed per square foot 
of good brick work shall be five tons; for work of hard brick, laid in 
first-class cement, ten tons; for unbedded sandstone masonry, four 
tons; for second-class masonry, eight tons; for first-class masonry, twelve 
tons. Piers, columns, pillars and all marble, granite and limestone work, 
not over twenty per cent, of the crushing weight. Every such building, 
place or room, when above the second floor, shall be provided with at least 
one fire-escape, which shall be so placed as to be easily accessible, so marked 
that it may be generally understood, so constructed as to lead directly to 
the open air, and so designed as not to be dangerous for women and 
children, and shall be sufficiently enclosed to protect persons thereon from 
fire below, i. e., it shall be placed against a dead wall and be enclosed on 
three sides, and in buildings where two or more assemblages occur, as in 
school-houses, each room above the second floor must have an exit leading 
to a fire-escape. No fire-escapes shall be less than twenty-four inches in 
clear width, with an additional one-fourth inch in width for each person 
(over fifty) to be accommodated thereby. The ventilating system or 
machinery shall be capable of changing the air in such room every thirty 
minutes; and all lavatories and water-closet places shall have double the 
above given capacity for ventilation; and all conveniences used in such 
buildings shall have soil and waste-pipes fully ventilated to the outside 
air. The warming and lighting apparatus shall be arranged and con- 
structed so as to be safe against explosion or fire. All smoke flues or pipes, 
unless lined with terra cotta or other fire-proof material of permanent 
character, shall not be nearer than eight inches to any combustible 
material, and not nearer than four inches in any case, nor shall any smoke 
flue, pipe or chamber of metal being or passing under wood-work, be 
nearer thereto than twice the diameter of such pipe, flue or chamber, 
unless protected with suitable fire-proof guard with open space above. 
Every warm air flue of metal shall be at least one-half inch from all wood- 
work, and also completely covered with asbestos or other fire-proof wrap- 
ping, with circulation of air between it and the wood, and no wood shall STATE BOARD OF HEALTH. 
59 
be nearer than four inches to any such flue in brick work. (7755-11; 
86 v. 381.) 
Sec. 197. [Exceptions as to application of this act.] This act 
shall not apply to cities of the first class where the construction of build- 
ings is regulated by statute under the direction of a building inspector; 
nor shall it be construed so as to interfere with existing laws relating to the 
inspection of buildings, but no certificate as now provided by law shall be 
issued for buildings hereafter erected, or alterations hereafter made (except 
in such cities of the first class), unless they conform to the requirements 
of this act (7755-12; 86 v. 383.) » 
Sec. 198. [Penalty for violation of this act.] Any person who 
violates any of the requirements of this act shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof shall be fined in any sum not less 
than $100 nor more than $1,000, or be imprisoned in the county jail not 
less thon ten nor more than sixty days, or both, at the discretion of the 
court, and shall be also liable to any person injured by reason of his viola- 
tion of the requirements of this act, and shall be also liable for criminal 
prosecution for loss of life. (7755-13; 86 v. 383.) 
Sec. 199. [Prosecuting attorney to enforce provisions of act.] It 
shall be the duty of prosecuting attorneys to see that this law is enforced in 
their respective counties, and for each conviction of violation thereof they 
shall be entitled to a fee of twenty-five dollars, and such other sums as may 
be allowed by the board of county commissioners. (7755-14; 86 v. 383.) 
Sec. 200. [Examination of public hall, etc., as to safety in case of 
fire.] On application of the owner or person having control of an opera 
house, hail, theater, church, school-house, or other building except build- 
ings where secret societies are held, used for public assemblages, in any 
municipal corporation, the mayor, civil engineer, and chief engineer of the 
fire department, or if such corporation has no such engineer, the mayor 
and two members of council, shall carefully make a joint examination of 
euch’fopera house, hall, theater, church, school-house, or other building, to 
ascertain the means provided thereat and therein for the speedy and safe 
egress of the persons that may at any time be there assembled, and the 
means provided for extinguishing a fire at or in such place: provided, 
that when the assembly rooms of such church are situated upon the ground 
floor, with a sufficient number of low windows, in the opinion of the com- 
mission above provided for, to secure safe and easy means of escape in case 
of alarm, they shall grant the certificate mentioned in the next following 
section. (2568; 62 v. 139.) 
Sec. 201. [Certificate in such case.] If, upon such examination, it 
is found that such opera house, hall, theater, church, school-house, or other 
building is abundantly provided with means for speedy and safe egress of 
the persons who may at any time be there assembled, and, if above the 
first floor, that it is provided therein with water or other equally efficient 
agency, and proper means to apply it, so that any fire which may occur at 
such place can be immediately extinguished, the mayor and persons so 
acting with him, or a majority of the three, shall issue to such owner or 
person having control as aforesaid, a certificate of the fact, which shall 
continue in force one year, unless sooner revoked by council. (2569; 62 
v. 139.) 
Sec. 202. [Re-examination in case of change in building. ] If any 
change or alteration is made in such building, the owner or person having 
charge of it shall notify the mayor of the fact, who shall cause to be made MANUAL OF THE LAWS OF 
a re-examination in all respects like that provided for in the last section, 
and if upon such examination such owner, or person having control, is 
entitled to such certificate as is mentioned in the last section, it shall be 
issued to him, with like effect. (2570; 62 v. 139.) 
Sec. 203. [Appeal of owner or person in control from refusal to 
issue certificate.] If any owner or person .having control of such place, 
as a oresaid, shall feel himself aggrieved by the refusal of such officers to 
issue any such certificate, he may appeal irom the decision to the council, 
which shall appoint three disinterested persons to examine the premises, 
any two of whom may issue the certificate provided for in sections two 
thou and five hundred and sixty-nine and two thousand five hundred and seventy. 
(2571; 62 v. 139.) , 
Sec. 204 (Penalties against owner or person having control.] 
Whoever being the owner or having control as an officer, agent or other- 
wise, of any opera house, hall, theater, church, school-house, or other place, 
for [>he] public assemblage of people, in a municipal corporation, permits 
it to be used when any door affording exit therefrom is locked or barred, 
or opens inwardly; when the place is not provided with ample means for 
the safe and speedy egress of the persons who may be so assembled; when, 
it it is on another than the first floor, sufficient water and proper means to 
apply it, or other efficient means, are not provided in such place to extinguish 
any fire which may occur thereat; or when the certificate provided for in 
section 2569 or section 2570, as ttie case may be, has not been issued, or is 
not in full force, shall, for each day or night he permits such place to be 
so used or occupied, forleit and pay any sum not more than one thousand 
dollars, [nor] less than fifty dollars, to be recovered, with costs, in [a] civil 
action, in the name and for the use of the municipal corporation ; and it 
shall be the duty of the mayor, with the aid of the polic \ to see that the 
provisions ot this section are strictly enforced. (2572; 62 v. 139 ) 
Sec. 205. [Public halls: inspection may be dispensed with in 
certain cases; refusal of certificate.] Whenever any structure le- 
ft md to in section 2572 sh ill have been inspected by the state inspector 
of shops ar d factories, and such inspector shall have issued to the owner 
thereof or his agent, a certificate that such structure is properly arranged 
for the safe and speedy egress of persons who may be assembled therein, 
and also properly provided with means for the extinguishment of fire at 
or in such structure as now required by law, then such certificate shall 
dispense with all other inspectioi s and certificates nquir»d by law in re- 
gard to the safety of such structures f«»r public assemblages, and in case 
such inspector shall find on inspection that such structure is not properly 
arranged for the safe and spredy egress of persons who may be there as- 
sembled, or not properly provided with means for the extinguishment of 
fire at or in such structure as now required by law, he shad notify the 
owner, officer or agent in charge of sucu stricture and the mayor of the 
municipal corporation wherein the same is located, in writing, of the fact 
that he refuses such certificate, specifying his reasons and the alterations, 
additions and appliances necessary to be made and furnished before a 
certificate will be issued ; and no certificate required by law in regard to 
the safety of such structure shall be issued by the mayor, or any officer or 
person under any provision of the law till the requirements of the fore- 
going not’ce are complied with to the satisfaction of the state inspector. 
(1891, March 6: 2572a; 88 v. 85.) 
Sec. 206. [Public halls, etc., when inspection to be made.] It 
shall be the duty of the state inspector of workshops and factories, or his STATE BOARD OF HEALTH. 
61 
assistants, to make inspections of such building as is provided for in sec- 
tions 2568 and 2569 of the Revised Statutes of Ohio as oiten as he may 
deem necessary, or upon the written demand of the agent, or owner of 
such structure, or upon the written request of five or more citizens of the 
municipal corporation where such structure is located. (1890, April 24: 
25726; 87 v. 279.) 
Sec. 207. [Duties of factory-men, hotel-keepers, etc., as to fire 
escapes.] It shall be the duty ot any owner or agent for owner of any 
factory, workshop, tenement house, inn, or public house, if such factory, 
workshop, tenement house, inn, or public house be more than two stories 
high, to provide [a] convenient exit from the different upper stories of said 
building, which shall be easily accessible in case of fire, and any owner or 
person having control of any such inn or public house where travelers or 
boarders are lodged in any story above the second story of the building, 
shall also provide a good rope or other life line for each sleeping room for 
guests in such stories. (2573; 80 v. 187.) 
Where the owner of the factory is one person, and the owner of the building in which 
the factory is located is another, the former is the person on whom the duty named in 
the statute is enjoined: Lee v. Smith, 42 O. S. 458. Owen, J. dissented. 
Sec. 208. [Duty of mayor to require such escapes; penalty for 
failure to comply.] It shall be the duty of the mayor of each city or 
village to require the owner or agent for owner of any factory, workshop, 
tenement house, or inn or public house, within the meaning of the next 
preceding section, to comply with the requirements of said section within 
sixty days from the serving of a notice by the mayor so to do, unless such 
owner or agent for owner shall have previously complied with the require- 
ments of said preceding section, and if any such owner or agent of owner 
neglects or refuses to comply with the requirements of the next preceding 
section within the time specified in said notice, he shall forfeit not less 
than fifty nor more than three hundred dollars for each and every month 
he so fails to comply therewith, the amounts so forfeited to be recovered 
in the name of and for the use of such city or village in an action in the 
police court or other competent tribunal; such owner or agent for owner 
may also be held for civil damages to the party injured. (2574; 80 v. 187.) 
Sec. 209. [Mayor etc., to examine building once a year; compen- 
sation.] It shall be the duty of the mayor of such city or village, per- 
sonally, or by the marshal or head of police of such city or village, or 
other proper person whom the mayor may appoint acting under the direc- 
tion of the mayor, as inspectors of fire-escapes to carefully examine such 
factories, workshops, tenement houses, inns or public houses once in each 
year, and report all violations of the provisions of sections 2573 and 2574 
to the council of such city or village, when proceedings shall be com- 
menced, without unnecessary delay, against the person so offending, and 
said mayor, marshal, or head of police, or person so appointed by the 
mayor to act as inspector of fire-escapes shall be entitled to receive for said 
notices and said examination such fees as the council may by ordinance 
provide. (2575; 80 v. 188.) 
Sec. 210. [Penalty for using hall, theater, etc., without certificate; 
unlawful to obstruct aisles. 1 Whoever being the owner of a hall, theater, 
opera-house, church or school-house, having the control thereof, individu- 
ally or by virtue of his office as agent of any society or corporation, per- 
mits the same to be used for the purpose of public assemblies or schools 62 
MANUAL OF THE LAWS OF 
without having the certificate required by law that the same is provided 
with the means of speedy and safe ingress and egress, shall be fined not 
more than one thousand dollars for each and every such offense; nor shall 
it be lawful for any owner, lessee or proprietor of a hall, theater or opera- 
house to block up the aisles and hall-ways therein by placing chairs, stools 
or permitting them to be occupied by persons standing therein, or by any 
obstructions whatever to the danger of those occupying sittings therein, 
by cutting off an escape, and easy egress therefrom, under the penalty as 
above enumerated in this section for not providing means for escape in 
case of fire or other casualties. (7010; 80 v. 28.) 
Sec. 211. [Certain boarding-schools and colleges to be furnished 
with fire escapes.] Whoever being the owner of a building more than 
two stories in height used as a boarding-school or college or having con- 
trol thereof, individually or by virtue of his office as agent of* any society 
or corporation, permits the same to be used for the purposes of a boarding- 
school without having provided the same with convenient and safe means 
of ingress and egress in case of fire, shall be fined not more than one 
thousand dollars tor each and every such offense. (1891, March 16: 88 
v. 103.) 
DIVISION X. 
Relating to Railroads ar\d Railroad Employes 
COMMISSIONER OF RAILROADS. 
Sec. 212. [Duty of commissioner to examine tracks, bridges, 
etc., supposed to be dangerous; shall prescribe rate of speed for 
passing over same, or wholly stop the trains from passing over 
same; penalties.] When the commissioner has reasonable grounds 
to believe, either on complaint or otherwise, that any of the tracks, 
bridges, or other structures of any railroad in this state are in a 
condition which renders them, or any of them, dangerous, or unfit 
for the transportation of passengers, he shall forthwith inspect and 
examine the same; and if, on such examination by himself or his agent, 
he is of opinion that any of such tracks, bridges, or other structures are 
unfit for the transportation of passengers with safety, he shall immediately 
give to the superintendent, or other executive officer of the company 
operating such road, notice of the condition thereof, and of the repairs or 
reconstruction necessary to place the same in a safe condition; and he 
may also prescribe the rate of speed for trains passing over such danger- 
ous or defective track, bridge, or other structure, until the repairs or recon- 
structions required are made, and the time within which such repairs or re- 
constructions must be made ; or if, in his opinion, it is needful and proper, STATE BOARD OF HEALTH. 
he may forbid the running of passenger trains over such defective track, 
bridge or other structure; and if a superintendent or other executive 
officer receiving such notice and order neglects for two days after receiving 
the same to direct the proper subordinate officers to run the passenger trains 
over such defective track, bridge, or other structure, at a speed not greater 
than that so prescribed, or if the running of passenger trains is so forbid- 
den, then to stop running passenger trains over the same; or if any en- 
gineer, conductor, or other employe knowingly disobeys such order, 
every superintendent, officer, engineer, conductor, or employe, so offend- 
ing, shall be fined in any sum not exceeding five hundred dollars, or im- 
prisoned in the jail for any period not exceeding one year, or both, at the 
discretion of the court; and the company operating such road, if it neg- 
lects or without good cause fails to make the repairs or reconstruction 
prescribed by the commissioner within the time by him limited, shall for 
each day that such repair or reconstruction is delayed beyond the time 
prescribed, forfeit and pay to the state the sum of one hundred dollars. 
(247; 64 v. 111.) 
Sec. 213. [When railroad companies must erect gates at cross- 
ings.] When, in the opinion of the commissioner of railroads, the public 
saiety requires that a gate or gates be erected and maintained at any place 
where a public road or street is crossed at the same level by any railroad, 
and which crossing has been declared by said commissioner to be a dan- 
gerous one, or that a flagman be stationed and maintained at such dan- 
gerous crossing, he shall give to the superintendent, manager or other 
officer in charge of such railroad, a written notice that the same is 
required, and such company, person or corporation owning or operating 
such railroad shall erect or station the same within such time thereafter as 
said commissioner shall prescribe. Any company, person or corporation 
negle ting or refusing to erect or maintain such gate or gates, or to main- 
tain such flagman, when so required as aforesaid, shall forfeit and pay to 
the state, for every such neglect or refusal, the sum of one hundred dollars, 
and the further sum of ten d >!lars for every day while such neglect or 
refusal shall continue. (247a; 86 v. 367.) 
Sec. 214. [Must be approved by commissioner of railroads ; pen- 
alty for violation of this act.] Ail gates which by the provisions of this 
act are ui der the direction of the commissioner of railroads, shall be built 
in such manner, and within such time, and of such material as shall be 
approved by the commissioner of railroads, and shall be located on the 
highway or street, on one or both sides of the railroad track or tracks, as 
the commissioner may deem the public safety to require, and shall be so 
constructed as, when closed, to obstruct and prevent any passage across 
such railroad or railroads from the side on which such gate may be located. 
There shall be a person in charge of every such gate, and it shall be his 
duty to clo e the same at the approach of every train of cars, or of a locomo- 
tive, and to keep it open at all other times. For every neglect of such duty, 
such person upon conviction thereof, shall pay the sum of twenty-five 
dollars. When more than one railroad crosses a public highway or 
street at such dangerous crossing, the expense incurred in the erection and 
maintenance of the gates provided for in this section, and of the necessary 
gate-keep rs, or of a flagman, sbill be shand equally by the railroad com- 
panies al mgside whose tracks the gates shall be located. (2476; 86 v. 367.) 
Sec. 215. [Must erect signboards at road crossings.] Each com- 
pany shall erect, at ail points where i s road crosses a public road, at a suf- 
ficient elevation from such public road to admit of the free passage of vehicles- 64 
MANUAL OF THE LAWS OF 
of every kind, a sign, with large and distinct letters placed thereon, to give 
notice of the proximity of the railroad, and warn persons to be on the 
lookout for the locomotive; and a company which neglects or refuses to 
comply with this provision shall be liable in damages for all injuries 
which occur to persons or property from such neglect or refusal. (3323; 
50 v. 274.) 
HEATING, LIGHTING, ETC., OF PASSENGER CARS. 
Sec. 216. [Movable bridge between passenger cars required.] 
Every company conveying passengers shall provide the passenger cais in 
its trains with a flexible or movable bridge or apron, of the full width of 
the opening between the railings attached to the platforms of such cars, 
with side boards or net-work of strap iron or large wire, or other suitable 
materia], at each side of the bridge or apron, of at least equal height with 
the ordinary railings upon the platforms, or some other apparatus or 
arrangement equally efficient to enable passengers to pass from car to car 
with safety. (3347; 68 v. 35.) 
Sec. 217. [Penalties for violation of preceding section.] A com- 
pany which fails to comply with the provisions of ttie preceding section 
shall be subji ct to a penalty of one hundred dollars for each and every 
day of such failure, to be recovered in a civil action, in the name of the 
state, and paid into the state treasury. (3248 ; 68 v. 35.) 
Sec. 218. [Commissioner of railroads must enforce certain 
sections.] The commissioner of railroads and telegraphs shall see that 
the provisions of sections 3347 and 3348 are enforced. (3350 ; 68 v. 35.) 
Sec. 219. [Prescribing heating apparatus for railroad cars.] 
Each railroad company in this state shall, when necessary to heat any of 
its cars for carrying passengers, mail, baggage or express matter, do so by 
a stove or heater so constructed and protected as to most effectually guard 
the passengers against the danger by fire, in case of accident by collision, or 
the cars being overturned or thrown from the track, and it shall be unlawful 
for any such company to permit any other person or corporation to use 
cars carrying passengers, mail, baggage or express matter over its road un- 
less the heating apparatus thereof shall conform to the requirements of 
this section. (3351; 77 v. 202 ) 
Sec. 220. [How passenger cars to be lighted.] No passenger 
cars on any railroad shall be lighted by naphtha, ur any illuminating oil 
fluid made in part from naphtha, or wholly or in part from coal or petro- 
leum, or other substance or material which will ignite at a temperature of 
less than three hundred degrees Fahrenheit; and the commissioner of 
railroads and telegraphs, by himself or agent, may, at any time, enter the 
cars running on any railroad and take from any lamp therein samples of 
the oil found there, for the purpose of testing the same, and if it proves of 
a lower grade than is required by the provisions of this section, he shall 
bring suit for the penalty provided in section 3354. (3353; 74 v. 207.) 
Sec. 221. [Penalties for violating certain sections.] Any rail- 
road company refusing or neglecting to comply with the provisions of sec- 
tion 3351, shall be liable to a penalty of not less than one hundred, nor over 
five hundred dollars, to be recovered in a civil action in any court of record 
in any county through which such road shall pass, in the name of the state 
of Ohio for the benefit of the common schools of the state, to be prosecuted 
by the prosecuting attorney of the proper county, at the instance of the STATE BOARD OF HEALTH. 
65 
prosecuting attorney or at the instance of the railroad commissioner, as 
provided by law (sec. 263, Rev. St.) in other cases for the recovery of penal- 
ities and forfeitures against railroad companies, after due notice given by 
such railroad commissioner to the president or managing officer of such 
delinquent railroad company, and its neglect thereafter for a period of thirty 
days to comply with the provisions of said section; the prosecuting attorney 
to receive twenty-five (25) per cent, of all fines and costs collected under the 
provisions of this act. (3354; 77 v. 202.) 
RAILROAD EMPLOYES. 
Sec. 222. [Employment of color-blind persons by railroad com- 
panies forbidden, except; examination.] IN’o railroad company shall 
hereafter contract to employ any person in a position which requires him 
to distinguish form or color signals, unless such person within two years 
next preceding has been examined for color-blindness in the distinct 
colors in actual use by such railroad company by some competent per- 
son employed and paid by the railroad company, and has received a 
certificate that he is not disqualified for such position by color-blindness 
in the colors used by a railroad company. Every railroad company shall 
require such employe to be re-examined at least once within every two 
years at the expense of the railroad company; provided, that nothing in 
this section shall prevent any railroad company from continuing in its 
employment any employe having defective sight, in all cases where such 
defective sight can be fully remedied by the use of glasses, or by other 
means, satisfactory to the person making such examinations. (8516-29 ; 
85 v. 58.) 
Sec. 223. [Penalty.] A railroad company shall be liable to a fine 
of one hundred dollars for each violation of the preceding section. 
(8516-30; 85 v. 58.) 
Sec. 224. [Requirements as to qualifications of railroad conduct- 
ors and locomotive engineers.] It shall be unlawiul for any railroad 
company or corporation, running or operating a steam railroad in the state 
of Ohio, thirty miles in length or more, and the same having, been run 
and operated for three years or more, to employ any person in the capacity 
of conductor of passenger train or trains, unless such person has had at 
least two years’ experience in the position of conductor, engineer or train- 
man of either passenger, freight, or construction train, within six years 
next preceding the time of such employment. It shall also be unlawful 
for any such railroad company or corporation, to employ any person in 
the capacity of freight conductor, or conductor of a construction train, 
unless such person has had at least twTo j ears’ previous experience as con- 
ductor, engineer or trainmen, for a term of two years, or has been em- 
ployed as a brakeman for at least two years on either passenger, freight or 
construction trains within five years next preceding the time of such 
employment. It shall be unlawful for any such railroad company to em- 
ploy any person in the capacity of locomotive engineer unless such person 
has had at least three years’ experience as locomotive fireman. But nothing 
in this act shall be so construed as to prevent any such railroad com- 
pany or corporation from retaining conductors, engineer or trainman, in 
its employ at the time of its passage. (1891, April 17; 88 v. 320.) 
Sec. 225. [Penalties.] Any railroad company or corporation know- 
ingly violating the provisions of this act, shall be fined, for the first 66 
MANUAL OF THE LAWS OF 
offense, not less than five hundred nor more than one thousand dollars, 
and for any subsequent offense shall be fined not less than one thousand 
nor more than fifteen hundred dollars, which shall be recovered in a civil 
action in the name of the state. (1891, April 17 ; 88 v. 320.) 
Sec. 226, [Duty of railroad commissioner.] It is hereby made the 
duty of the railroad commissioner of this state to enforce the provisions of 
this act. (1891, April 17; 88 v. 321.) 
Sec. 227. Railroad companies shall not employ locomotive en- 
gineers addicted to drink; penalty.] It shall be unlawful for any per- 
son, company or corporation operating a railroad in whole or in part in 
this state, knowingly to suffer or permit, either directly, or by, or through, 
any representative, any person to run or operate in any capacity a railroad 
locomotive on any part of his, their or its road in this state who is intox- 
icated, or in the habit of becoming intoxicated or to knowingly continue 
the employment of any person in any such capacity, after he becomes or 
is intoxicated, while in charge of such locomotive, and for every violation 
of this section, such company, person or corporation operating such road, 
shall forfeit and pay to the state of Ohio two hundred dollars to be re- 
covered in the name of the state in a civil action to be prosecuted in any 
county through which the road runs, by the prosecuting attorney thereof, 
and he shall be entitled to twenty-five per cent, of the recovery and the 
balance shall be paid into the county treasury. 
Sec. 228. [Hours of services of certain railway employes limited.] 
That section 1 of an act entitled an act to provide against accidents on 
railroads, and to limit the hours of service, be amended so as to read as 
follows: That any company operating a railroad over thirty miles in 
length, in whole or in part, within the state, shall not permit or require 
any conductor, engineer, fireman or brakeman on any train, or any tele- 
graph operator, who have worked in their respective capacities for twenty- 
four consecutive hours, to again be required to go on duty, or perform any 
work, until they have had at least eight hours rest. Ten hours shall con- 
stitute a day’s work, and for every hour that any conductor, fireman, 
engineer, brakeman, or any trainman, or any telegraph operaterof any com- 
pany, who works under directions of a superior, or at the request of the 
company, shall be paid for said extra services in addition to his per 
diem. (1891, April 23; 88 v. 344.) 
Sec. 229. [Penalty for violation of foregoing section.] Any com- 
pany which violates, or permits to be violated any of the provisions of 
the preceding section, or any officer, agent or employe who violates, or 
permits to be violated any of the provisions of the preceding section shall 
be fined not less than one hundred dollars, nor more than one hundred 
and fifty dollars. (1890, March 26; 87 v. 113 ) 
Sec. 230 [For the protection of railroad employes; use of de- 
fective machinery prima facie evidence of neglect, etc.] That it shall 
be unlawful for any railroad or railway corporation or company owning 
and operating, or operating, or that may hereafter own or operate a rail- 
road in whole or in part in this state, to adopt or promulgate any rule or 
regulation for the government of its servants or employes, or make or 
enter into any contract or agreement with any person engaged in or about 
to engage in its service, in which, or by the terms of which, such employe 
in any manner, directly or indirectly, promises or agrees to hold such 
corporation or company harmless, on account of any injury he may receive 
by reason of any accident to, breakage, defect or insufficiency in the cars STATE BOARD OF HEALTH. 
67 
or machinery and attachments thereto belonging, upon any cars so owned 
and operated, or being run and operated by such corporation, or company 
being defective, and any scuh rule, regulation, contract or agreement shall 
he of no effect. .It shall be unlawful for any corporation to compel or re- 
quire directly or indirectly an employe to join any company association 
whatsoever, or to withhold any part of an employe’s wages or his salary 
for the payment of dues or assessments in any society or organization 
whatsoever, or demand or rtquire either as a condition precedent to secur- 
ing employment or being employed, and said railroad or railway company 
shall not discharge any employe because he refuses or neglects to become a 
member of any society or organization. And if any employe is discharged, 
he may, at any time within len days after receiving a notice of his discharge 
demand the reason of said discharge, and said railway or railroad com- 
pany thereupon shall furnish said reason to said discharged employe in 
writing. And no railroad company, insurance society or association, or 
other person shall demand, accept, require, or enter into any contract, 
agreement, stipulation with any person about to enter, or in the employ 
of any railroad company whereby such person stipulates or agrees to sur- 
render or waive any right to damages against any railroad company, there- 
after arising for personal injury or death, or whereby he agrees to sur- 
render or waive in case he asserts the same, any other right whatsoever, 
and all such stipulation and agreements shall be void, and ever}’’ corpora- 
tion, association or person violating or aiding or abetting in the violation 
of this section shall, for each offense forfeit and pay to the person wronged 
or deptived of his rights hereunder the sum not less than fifty dollars (850) 
nor more than five hundred dollars (8500) to be recovered in a civil action. 
Section 2. It shall be unlawful for any such corporation to know- 
ingly or negligently use or operate any car or locomotive that is defective, 
or any car or locomotive upon which the machinery or attachments thereto 
belonging are in any manner defective. If the employe of any such cor- 
poration shall receive any injury by reason of any defect in any car or 
locomotive, or the machinery or attachments thereto belonging, owned 
and operated, or being run and operated by such corporation, such cor- 
poration shall be deemed to have had knowledge of such defect before and 
at the time such injury is so sustained, and when the fact of such defect 
shall be made to appear in the trial of any action in the courts of this state, 
brought by such employe or his legal representatives, against any railroad 
corporation for damages, on account of such injuries so received, the same 
shall be prima facie evidence of negligence on the part of such corpora- 
tion. (1890, April 2; 87 v. 149.) 
Sec. 231. [Superior officer and fellow servant defined.] That in 
all actions against the railroad company for personal injury to, or death 
resulting from personal injury, of any person, while in the employe of 
such company, arising from the negligence of such company or any of its 
officers or employes, it shall be held in addition to the liability now ex- 
isting by law, that every person in the employ of such company, actually 
having power or authority to direct or control any other employe of such 
company, is not the fellow servant, but superior of such other employe, 
also that every person in the employ of such company having charge or 
control of employes in any separate branch or department, shall be held 
to be the superior and not fellow servant of employes in any other branch 
or department who have no power to direct or control in the branch or 
department in which they are employed. (1890, April 2; 87 v. 150.) 
Sec. 232. [Blocking of railway frogs, guard rails, etc.] Every 68 
MANUAL OF THE LAWS OF 
railroad corporation operating a railroad or part of a railroad in this state 
shall, before the first day of October, in the year eighteen hundred and 
eighty-eight, adjust, fill or block the frogs, switches and guard rails on 
its track, with the exception of guard rails on bridges, so as to prevent 
the feet of its employes from being caught therein. The work shall be 
done to the satisfaction of the railroad commissioner. (8516-31; 85 v. 
105.) 
Sec. 233. [Penalty for failure so to do.] Any railroad corporation 
failing to comply with the provisions of this act, shall be punished by a 
fine of not less than one hundred dollars, nor more than one thousand 
dollars. (8516-32; 85 v. 105 ) 
BRIDGES : SWITCHING. 
Sec. 234. [Bridges over railroad crossings.] It shall be unlawful 
for any person, company or corporation owning, or operating any rail- 
road, crossing, or that may hereafter cross, over and above any street, 
less than seventy feet in width, in any city in this state, at an elevation 
above such street, sufficient to permit persons to pass and repass along 
such street beneath such railroad crossing, to place or cause to be placed, 
or to suffer or permit to be or remain in such street, beneath such rail- 
road crossing or bridge, any pier or other stay or support for such cross- 
ing or bridge, or to suffer or permit any such railroad crossing or bridge 
to be or remain in such condition, that any iron, coal or other hard sub- 
stance, or any fluid or noisome matter, may fall or drop from or through 
any such crossing or bridge, upon persons traveling or passing beneath 
the same; and any such person, company or corporation owning or operat- 
ing any such railroad, failing to comply with the requirements of, or 
violating any of the provisions of this section, shall, for each and every 
day during the continuance of such failure or violation, and on account 
thereof, forfeit and pay to such city the sum of one hundred dollars, 
which may be recovered in a civil action, in the name of such city, 
against the owner or operator of such railroad, or both, as the city may 
elect, and thereafter like recovery may be had in like manner, for sub- 
sequent failures and violations aforesaid. (8516-43; 86 v. 197) 
Sec. 235. [Council may prohibit switching, obstructing, etc.] 
The city council of any city mav prohibit the swi ching of freight engines, 
trains, or cars, over or on said crossing or bridge, the sounding of loco- 
motive steam whistles on or near the same, and the standing or stopping 
of any railroad engine over or on the same, and may, by ordinance, 
constitute the same an offense, and provide for the punishment of any 
person committing such offense. (8516-44; 86 v. 197.) 
STREET RAILROADS. 
Sec. 236. [Intersecting street railroads: repair of crossings, stop- 
ping of cars at crossing.] Where the tracks of two street railroads cross 
each other or in any way connect at a common grade, when one or both 
such street railroads use other than horse power for propelling their street- 
cars, the crossings shall be made and kept in repair at the joint expense 
of the companies owning the tracks, and all such cars used on said street 
railroads shall come to a full stop, not nearer than ten feet nor further 
than fifty feet from the crossing, and shall not cross until the way is clear; 
and when two or more cars approach the crossing at the same time the STATE BOARD OF HEALTH. 
69 
car or cars on the road first built shall have precedence. (1891, May 4: 
88 v. 581.) 
Sec. 237. [Street-cars must come to full stop when approach- 
ing intersecting steam railway, etc.] That whenever the tracks of any 
street railroads in this state cross the tracks of any steam railway at grade, 
the street railway company operating said line of cars shall cause their 
street-cars to come to a full stop not nearer than ten feet nor further than 
fifty feet from the crossing, and before proceeding to cross said steam 
railway tracks, shall cause some person in their employ to go ahead of 
said car or cars and ascertain if the way is clear and free from danger for 
the p issage of said street-cars, and said street railroad cars shall not pro- 
ceed to cross until signaled so to do by such person so employed as atore- 
said, or said way is clear for their passage over said tracks. (1891, May 4: 
88 v. 582.) 
' • 
Sec. 238. [Penalties.] Every person in charge of any street-car or 
cars who willfully fails to comply with the provisions of this act, and fails 
to bring said car or cars which he has in charge to a full stop, or causes the 
same btfore the way is clear, or signaled so to do to cross s id steam d 
tracks, shall be personally liable to any person injured by reason of such 
failure as aforesaid, to a penalty of one hundred dollars, to be recovered by 
civil action at the suit of the state of Ohio, in the court of common pleas 
of any county wherein such crossing or connection is, and the company 
in whose employe such person having charge of said car or cars is, as well 
as the person himself shall be liable in damages to any person or persons 
injured in persoa or prep rty [having charge of such car or cars] as afore- 
said. (1891, May 4: 88 v. 582.) 
DIVISION XI. 
Relating to SeWerage, Drainage, etc. 
Sec. 239. In addition to the powers specifically granted in this title, 
and subject to the exceptions and limitations in other parts of it, cities 
and villages shall have the general powers enumerated in this section, and 
the council may provide by ordinance for the exercise and enforcement 
of the same. 
(a ) 21. [Sewers.] To open, construct, and keep in repair sewers, 
drains, and ditches. 
(b ) 31. [Water.] To provide for a supply of water, by the con- 
struction of wells, pumps, cisterns, aqueducts, water-pipes, reservoirs, and 
water works, and for the p-otection thereof, and to prevent unnecessary 
waste of water, and the pollution thereof. (1692; 86 v. 357.) MANUAL OF THE LAWS OF 
Sec. 240. When county commissioners may construct ditches or 
improve channel of river or creek.] The commissioners of any county 
at any regular or called session may, in the manner provided in this chap- 
ter, when the same is necessary to drain any lots, lands, public or corpo- 
rate road or railroad, and will be conducive to public health, con- 
venience or welfare, cause to be located, and constructed, straightened, 
widened, altered, deepened, boxed or tiled, any ditch, drain or water 
course, or box or tile any portion thereof or cause the channel of all or 
any part of any river, creek or run, within such county to be improved by 
straightening, widening, deepening or changing the same, or by removing 
from adjacent lands any timber, brush, trees or other substance liable to 
form obstructions therein. (4447; 82 v. 89.) 
Sec. 241. [Township trustees may establish ditches.] The trus- 
tees of any township may, whenever, in their opinion, the same will be 
conducive to the public health, convenience or welfare, cause to be estab- 
lished, located and constructed, as hereinafter provided, any ditch within 
such township, and for that purpose may cross a railroad, turnpike road, 
or do any other thing necessary or proper to promote said purpose. (4511; 
78 v. 204. 
Sec. 242. [Commissioners may remove obstructions as a sanitary 
measure.] The county commissioners of any county may, whenever in 
their opinion the same will be conducive to the public health, conven- 
ience, or welfare, upon petition of the owner of any land adjoining or adja- 
cent to any stream of living water, remove, or cause to be removed any drift, 
timber, or other obstructions except mill-dams, water-works, or flood-gates, 
that may hinder tbe free passage of water in the natural channel of such 
stream. (4567; 74 v. 22.) 
It is the public health, convenience or welfare of the community to be affected by 
the proposed ditch, and not of the public at large, that is to be regarded in the construc- 
tion of a ditch. Hence, if it appears that the proposed ditch will be “ conducive to the 
public health, convenience and welfare of the neighborhood ” through which it will pass 
the commissioners are authorized to construct the same. Chesbough v. Commissioners, 
37 O. S. 508. 
Sec. 243. [County commissioners may remove certain mill-dams 
as a sanitary measure.] The county commissioners of any county may, 
whenever in their opinion the same will be conducive to the public health, 
convenience or welfare, upon petition of the owners of any lands adjoin- 
ing or adjacent to any stream of living water, remove or cause to be re- 
moved any mill-dam or mill dams that may hinder the free passage of 
water in the natural channel of such stream. (4567a/ 80 v. 2C0.) 
Sec. 244. [If conducive to public health, commissioners may pur- 
chase and remove mill-dams ; estimating cost of removing same ; cost 
of to be apportioned according to benefits; when right to compensa- 
tion barred; etc.] If the commissioners find that the bond has been filed 
and notice given, they shall proceed to hear and determine the petition, 
and shall proceed to view the premises along the proposed improvement 
and the lands of the petifioners affected by said mill-dam or mill-dams, 
and if they find that such improvement and removal of said mill-dam or 
mill-dams will be conducive to the public health, convenience or welfare, 
they shall at once proceed to negotiate with and purchase of the owner 
or owners of such mill-dam or mill-dams, all rights, title and interest they 
may have to or in the same, and all franchises pertaining thereto, receiv- STATE BOARD OF HEALTH. 
ing thereby the absolute right to remove the same for the free passage of 
water in the channel of such stream. Said purchases to be made upon 
such terms and for such price as may seem reasonable and just to said 
commissioners; at the same time said commissioners shall take with them 
a competent surveyer or engineer, who shall make a careful estimate of 
the necessary cost of removing said mill-dam or mill-dams for the free 
passage of water in the channel of such stream. Said commissioners 
shall fix a day for further hearing, and order that due notice be served, in 
writing, by the principal petitioners upon each and every one of said peti- 
tioners, of the time and place of said hearing. If, on said hearing, it ap- 
pears to the commissioners that the notice herein provided for has not 
been given, the commissioners shall adjourn to some future time not ex- 
ceeding twenty days, and shall order such notice to be given. On the day 
fixed by the commissioners for final hearing, they shall meet at the time 
and place appointed, and shall then and there state and make known to 
the petitioners the amount asked by the owner or owners of such mill- 
dam or mill-dams of all their right, title and interest to and in the same 
* and the franchises pertaining thereto, and for the right to remove the same 
so that the waters of such stream shall pass through without hindrance; 
and the necessary cost of removing said mill-dam or mill-dams, as esti- 
mated by said engineer or surveyor, together with all other taxable costs 
of the proceedings. And if, upon such statement, no objections be made 
thereto, by said petitioners, or either of them, said commissioners shall 
make a record thereof. Said commissioners shall then apportion to each 
of said petitioners, in a fair and equitable manner,Jaccording to the'benefits 
to be derived therefrom, as nearly as can be done, all costs of the proceed- 
ings, as in county ditch cases, the amount asked by the owner or owners 
of said mill-dam or mill-dams, and agreed upon as above, and the amount 
of costs necessary to the removal of said mill-dam or mill-dams, as reported 
by the surveyer or engineer. (But in any case, where a mill has become 
useless or has been destroyed, and has so remained for more than ten years, 
without any attempt to repair or rebuild the same, the mill-dam and water- 
rights and privileges belonging to the same shall be deemed abandoned 
and the right thereto as against the public health, convenience and wel- 
fare, under this act, shall cease and be barred; and the commissioners 
may, under this act, without bargain or compensation, cause such mill- 
dam to be removed and the water-course upon which it is located, cleaned 
out and improved. When an apportionment has been made, as hereinbefore 
stated.) The commissioners shall then order the said amounts to be 
placed upon the tax duplicates, against the real estate of said petitioners 
benefited by the removal of such dam, and to be collected within the time 
and to meet the payments as far as practicable, in conformity with the 
provisions of the county ditch law, agreed upon between said commission- 
ers and said mill-dam owner or owners, adding to the first year’s assessment 
the taxable costs of the proceedings, and the estimated costs of removing 
said mill-dam or mill-dams. Said assessment shall be collected the same 
as other assessments against real estate, and paid into the treasury of the 
county wherein said petitioners reside, and wherein said mill-dam or mill- 
dams are situated, and shall be paid out by the county treasurer on the 
warrant of the county auditor, who shall issue his warrants in accordance 
with the records and orders of the county commissioners. The surveyor 
or engineer appointed by the commissioners, shall sell at public outcry 
the work of removing such mill-dam or mill-dams, and supervise the same, 
as stated in sections 4475, 4476, 4477 and 4478 of the Revised Statutes of 
Ohio. From the action of said commissioners jn apportioning the costs, 72 
MANUAL OF THE LAWS OF 
expenses and assessments provided herein, there shall be no appeal. 
(4567c; 81 v. 185) 
Sec. 245. [Ditches must he provided by railroads.] There shall 
be constructed and kept open, along the road-bed of every railroad, except 
where the road extends through or by swamp land, by the company or 
pers m operating the road, ditches or drains of sufficient depth, width, 
and grade to conduct to some proper outlet the water which accumulates 
along the sides of such road-bed from the construction or operation of 
such road. (3342; 66 v. 335.) 
Sec. 246. [Probate court may order construction of levee.] The 
probate court of any county may, whenever found to be conducive to the 
public health, convenience, or welfare, cause to [be] located, established 
and constructed, as hereinafter provided, a levee along any stream or 
water-course of any kind within the county, for the protection of land 
from overflow. (4585 ; 73 v. 88.) 
DIVISION XII. 
Relating to /\r\irr\als and /\r\irr\al Diseases 
LIVE STOCK COMMISSION. 
Sec. 249. [Board of live stock commissioners.] The governor 
shall, with the advice and consent of the senate, appoint three persons, 
who shall constitute a board of live stock commissioners, who shall hold 
their office in the order in which they are named, the first for one year, 
the second for two years, and the third for three years, and their succes- 
sors in office shall be appoited for three years each. They shall meet as 
soon as practicable after their appointment, and after taking the oath of 
office, shall appoint from their number a president and secretary. (7468- 
26; 82 v. 176 ) 
Sec. 248. [Their powers and duties.] The board of commission- 
ers are authorized to use all proper means to prevent the spread of danger- 
ous and fatal diseases among domestic animals, and to provide for the ex- 
tirpation of such diseases; and in the event of any such contagious or in- 
fectious disease breaking out in this state, it shall be the duty of all per- 
sons owning or having in charge animals infected with the same, to im- 
mediately notify said board of commissioners, or some member thereof, 
of the existence of such disease, and thereupon it shall be the duty of said 
board, immediately to cause proper examination thereof to be made by a 
competent veterinarian ; and if said disease shall be found to be a danger- 
ously contagious or infectious malady, the board shall order the diseased 
animals, and such as have been exposed to the contagion, to be strictly 
quarantined in charge of such person as the board, or an authorized 
member thereof, shall designate, and to order any premises or farms where STATE BOARD OF HEALTH. 
73 
such disease exists, or has recently existed, to be put in quarantine, so 
that no domestic animal subject to such disease, be removed from or 
brought to, the premises or places so quarantined; and the board shall 
prescribe such regulations as they may dtem necessary to prevent the con- 
tagion from being communicated in any way from the premises so quar- 
antined. (7468-27 ; 82 v. 176 ) 
Sec. 249. [Bodies of dead animals.] The bodies of all dead ani- 
mals shall be buried or burned by the owners thereof, as provided by law. 
(7468-28; 82 v. 176.) 
CONTAGIOUS OR INFECTIOUS DISEASES OF ANIMALS. 
250. [Bodies of animals dying from contagious diseases 
must be burned or buried.] The bodies ot all animals dying from con- 
tagious diseases shall be burned, or buried at least four feet beL>w the sur- 
face of the ground by the owner thereof. Any such owner permitting 
such dead animals to remain unburned, or unburied, or neglecting, or re- 
fusing to comply with the provisions of this section within twenty-four 
hours after having knowledge of the existence of such dead animals, or 
after notice thereof, in writing from the trustees of the township in which 
such dead animals may be found, it shall be the duty of said trustees to 
proceed to dispose of such dead animals as provided in this section, and 
such owner, so neglectiDg or retusing shall be fined in any sum not less 
than five dollars, nor more than twenty dollars, together with the cost of 
suit, and all necessary expenses incurred by said trustees in disposing of 
such animals. Action to recover fines, costs, and expenses as herein pro- 
vided, shall be brought upon complaint of said trustees before any justice 
of the peace, in the township in which such owner resides. Provided, 
that the dead bodies of such animals may be removed to a fertilizing 
establishment, if removed in a water-tight tank. (1891, March 24: 6923a; 
88 v. 188.) 
Sec. 251. [Act to suppress dangerously contagious diseases of 
animals; expenses of quarantining such animals; duty of sheriffs and 
constables.] That any person naviug in his possession or under his care, 
any animal which he knows or has reason to believe, is affected with a 
dangerously contagious or infectious disease, and does not, without un- 
necessary delay, make known the same to said board, or to some member 
thereof, or to the sheriff or constable of the proper county, to be by him 
communicated to said bo»rd; or any person or corporation who shall bring 
into this state, or sell or dispose oi any animal, knowing the same to be 
affected as aforesaid, or any animal having been exposed to such contagion, 
within three months of such exposure, or shall move the animal so dis- 
eased or exposed from the quarantine to which it was ordered by the board 
of commissioners, or shall move any animal to or from any district in 
this state declared to be infected with such contagious disease, or shall 
bring into this state any animal of the kind diseased from any district 
outside of the state that may at any time be legally declared to be affected 
with such disease, without the consent of said board, except under such 
conditions as are or may be prescribed by said board, shall, upon convic- 
tion of either of the aforesaid offenses, be fined in any sum not exceeding 
five hundred dollars. And all proper expense incurred in the quarantin- 
ing of animals under the provisions of this act, shall be paid by the 
owners thereof, and if the same is refused, after demand made by order 74 
MANUAL OF THE LAWS OF 
of the commissioners, an action may be brought to recover the same with 
costs of suit, which action may be in the name of the state of Ohio, for 
the use of the board of live stock commissioners. It shall be the duty of 
all sheriffs and constables to execute within their several counties all law- 
ful orders of the said commissioners. (7468-29; 84 v. 90.) 
Sec. 252. [What cattle infected with disease shall not be 
brought into the state.] No person shall bring into the state of Ohio 
any cattle infected with the disease commonly known as the “Texas or 
Spanish fever,” or pleuro-pneumonia, rhinderpest, or other contagious 
diseases, or any cattle liable to impart such fever or disease to other cattle; 
hut this section shall not affect common carriers who are not the owners 
of cattle. Whoever violates the provisions of this section shall be liable 
to any person injured by bringing such cattle into the state in the amount 
of any Joss occasioned thereby, in addition to other penalties provided by 
law. (4210; 75 v. 522.) 
Sec. 253. [Presumptions in actions to recover damages for in- 
fection.] Whenever any Texas or Cherokee cattle, liable to impart dis- 
ease, are brought into the state, and any such disease as “ Texas or Spanish 
fever” makes its appearance within sixty days, and infects other cattle 
that may have been on the same highway, common, or pasture ground 
traveled over by such Texas or Cherokee cattle with such disease, 
such fact shall be deemed and taken in actions to recover damages as prima 
facie evidence that such Texas or Cherokee cattle were infected with the 
disease known as the “ Texas or Spanish fever,” and that they imparted such 
disease; and the owner of such Texas or Cherokee cattle at the time they 
were brought into the state, and the owner of such cattle at the time the 
disease makes its appearance, shall be jointly and severally liable for any 
damages resulting from such disease. (4211; 75 v. 522.) 
Sec. 254. [Duties of carriers, and owners of stock-yards.] All 
railway companies and owners of steamboats used in conveying live stock 
and owners of stock-yards and other premises that may be occupied by 
such stock, shall immediately upon discovering any contagious disease 
among stock occupying such cars, boats, yards, or other premises, take all 
possible measures to prevent such diseased stock from communicating the 
contagion to other stock, and shall moreover cause all such cars, boats, 
yards, and premises to be thoroughly disinfected before the same shall be 
occupied by other stock. Every corporation, and company, their officers 
and employes, or individuals violating the provisions of this section, shall 
pay a penalty not exceeding five hundred dollars, to he recovered in any 
court of competent jurisdiction, and shall also be liable to parties injured 
for all damages that may be occasioned thereby. (4212.) 
Sec. 255. [Selling diseased animals, allowing same to run at 
large or come into contact with other animals.] Whoever, being the 
owner, or having the charge of any animal mentioned in section 6850, 
knowing the same to have any infectious or contagious disea=e, or to have 
been recently exposed thereto, sells, barters, or disposes of such animal, 
without first disclosing to the person to whom the same is sold, bartered 
or disposed of, that such animal is so diseased, or has been so exposed, as 
aforesaid, or knowingly permits such animal to run at large, or, knowing 
such animal to be diseased as aforesaid, knowingly permits the same to 
come into contact with any such animal of another person without his 
knowledge or permission, shall be fined not more than five hundred nor 
less than twenty dollars, or imprisoned not more [than] thirty days, or 
both. (6855 ; 64 v. 207.) STATE BOARD OF HEALTH. 
75 
Sec. 256. [Importing cattle infected with Spanish fever.] Who- 
ever, except common carriers not the owners of cattle transported by them, 
brings into this state any cattle infected with the disease commonly known 
as the Texas or Spanish fever, or cattle liable to impart such fever to other 
cattle, shall be fined not more than five hundred nor less than fifty dol- 
lass. (7003; 75 v. 522.) 
Sec. 257. [Proclamation prohibiting imoprtation of diseased 
live soctk.] Whenever the governor of the state of Ohio shall have good 
reason to believe that any dangerous, contagious or inftctious disease has 
become epidemic in certain localities in other states, territories or counties, 
or that there are conditions which render domestic animals of such infected 
districts liable to convey such disease, he shall by proclamation prohibit 
the importation of any live stock of the kind diseased into the state, ex- 
cept under such regulations as may be prescribed by the state board of 
live stock commissioners and approved by the governor. (7468-32; 
83 v. 138. 
Sec. 258. [Appraisement and killing of diseased animals.] 
When in the opinion of the commissioners provided for by the act to 
which this is supplementary, it shall be necessary to prevent the further 
spread of any dangerous, contagious or infectious disease among the live 
stock of the state, to destroy animals affected with, or which have been 
exposed to any such disease, it shall determine what animals shall be 
killed, and shall appraise or cause the same to be appraised by disinter- 
ested citizens as hereinafter provided, and cause such animals to be killed, 
and their carcasses to be disposed of as in the judgment of the commission 
will best protect the health of the domestic animals of the locality; pro- 
vided, that no animal shall be appraised, except cattle affected with con- 
tagious pleurc-peneumonia, or cattle, sheep or swine affected with foot 
and mouth disease, or such as have been exposed thereto, nor shall any 
animal be slaughtered under the provisions of this act unless first exam- 
ined by a competent veterinarian in the employ of the commission, and 
the disease with which it is affected or to which it has been exposed ad- 
judged to be a dangerous and contagious malady. (7468-33; 83 v. 139) 
Sec. 259. [Compensation for animals destroyed.] In case of de- 
struction of any animal under the provisions of this act, the compensa- 
tion to be made for the same by the state, shall be computed upon the 
basis of the actual value of the diseased animal, if any, at the time of 
slaughter; for any animal that has been kept in the same building or en- 
closure two-thirds of such value, and in case [of] other animals destroyed 
for the extinction of such disease, the full value of the same without re- 
ference to the suspicion of contagion ; provided, that no compensation 
shall be made to any person who may have brought animals into the state 
affected with such contagious disease, or from a district in which such 
contagious^disease existed, or who may have willfully concealed the exist- 
ence of such disease among his stock or on his premises, or may [have] 
by willful neglect or purposely contributed to the spread of such contagion, 
and in appraising animals to be slaughtered as herein provided, no allow- 
ance shall be made on account of such animals being thoroughbred, or 
pedigree stock. (7468-34 ; 83 v. 139.) 
Sec. 260. [Appropriation to pay claims: how made.] All claims 
against the state by owners of animals slaughtered under the provisions 
of this act, shall, when approved by the board of live stock commission- 
ers, be reported by said commission to the governor, to be by him com- 
municated to the legislature with the recommendation, if the matter is 76 
MANUAL OF THE LAWS OF 
approved by him, that the proper appropriations be made to pay such 
claims. (7468-35 ; 83 v. 139.) 
[The driving of cattle from certain states forbidden during cer- 
tain months.] Whereas, All cattle wintered in the states of Florida, 
South Carolina, North Carloina, Georgia, Alabama, Mississippi, Louisiana, 
Tennessee, Arkansas, Texas and the Indian territory, are infected with a 
germ which renders them capable, except during the frost of winter, of 
infecting northern cattle with a malady commonly known as “Texas 
fever,” while they show no manifestation of disease ; therefore, 
Sec. 261. ’ [Conveyence by railway forbidden, except.] Be it 
enacted, by the General Assembly of the State of Ohio, That during the months 
of March, April, May, June, July, August, September and October, no 
cattle shall be permitted to be driven info this state fiom any of the 
above mentioned states or Indian territory, or that shall have been win- 
tered therein, nor shall any person or company bring, or cause to be con- 
veyed into this state by railway or otherwise, any such cattle under said 
conditions, except as specified in the next section of this act. (7468-36 ; 
85 v. 83.) 
Sec. 262. [Unloading of certain cattle in certain months forbid- 
den, except.] Any railroad or other transportation company conveying 
into or through this state, or any stock-yard company receiving such cat- 
tle during the months aforesaid will not be permitted to unload the same 
in this state for any other purpose than to be fed and watered or for im- 
mediate slaughter, and in yards and premises especially provided for that 
purpose, into which northern cattle will not be permitted to enter. And 
the location and arrangement of the said yards and premises and the 
disinfection of the cars and quarters used in the transportation of such 
cattle shall be governed by the rules and regulations prescribed by the 
board of live stock commissioners. (1891, April 23 : 7468-37 ; 88 v. 352.) 
Sec. 263. [Penalty.] Any person or corporation that shall bring or 
cause to be brought or driven into this state, any cattle wintered in the 
states or territory above mentioned, or to be driven or conveyed otherwise 
than as herein specified, shall, upon conviction thereof, be fined in any 
sum not less than one hundred dollars, nor more than one thousand dol- 
lars, and shall, moreover, be liable for all damages that may be occasioned 
on account of other cattle being infected with said disease. (7468-38; 85 
v. 83.) 
Sec. 264. [Duty of transportation companies; penalty for vio- 
lation of such duty.] It shall be the duty of all railway and other 
transportation companies bringing into and unloading in this state cattle, 
otherwise than as specified in section 7468-37 of this act, during the months 
above specified, to require a statement to be made in their shipping bills, 
showing in what state or territory the cattle shipped were wintered; and 
it shall be the duty of every railroad company bringing into this state 
cattle, which may unload such cattle for any other purpose than to be fed 
and watered as specified in section 7468-37 of this act, to leave at the 
office of such company nearest the point where such cattle may be un- 
loaded, a copy for public inspection of the statement above required, 
showing where the same were wintered, and any company or corporation 
neglecting to comply with the provisions of this section, shall, upon con- 
viction thereof, be fined in any sum not exceeding five hundred dollars. 
(7468-39; 85 v. 83.) 
Sec. 265. [Prosecution for offenses hereunder.] Upon the re- STATE BOARD OF HEALTH. 
77 
quest of the board of live stock commissioners it shall be the duty of the 
prosecuting attorney of any county in which the suit may be brought to 
begin and prosecute any action for the violation of the provisions of this 
act and the rules and regulations of the board of live stock commissioners. 
Proceedings against any railway company under this act may be had in 
any county in this state through which any portion of such company’s 
road may pass, or in which its principal office may be situated ; and pro- 
cess may be served by leaving a copy at the office of such company within 
such county. (1891, April 28: 7468-40; 88 v. 353.) 
Sec. 266. [Penalty for selling or failing to keep securely isolated 
horses, etc., affected with glanders.] Any person owning or having in 
his charge any horse, mule or ass that he knows or has reason to believe is 
affected with the disease known as glanders or farcy, or that has been 
adjudged to be so affected by the state board of live stock commissioners, 
upon a report made to said board by a competent veterinary surgeon in 
their employ, after a careful examination of such animal, who shall sell 
or otherwise dispose of, or secrete the same, or shall fail to keep such 
animal securely isolated so that contact with other horses, mules or asses 
shall not be possible, shall, upon conviction of either of said offenses, be 
fined in any sum not exceeding five hundred dollars, and shall, moreover, 
be liable for all damages sustained by reason of the same. (7468-41; 85 
v. 335.) 
Sec. 267. [Appraisal and payment of compensation in case of 
destruction of such animals by order of live stock commission.] 
In case the live stock commissioners shall order the destruction of any 
animal affected with glanders or farcy in the chronic stage of the disease, 
which may be adjudged capable of rendering some service, the board may 
cause the animal to be appraised, and order such compensation to be paid 
out on the order of the live stock commissioners on the warrants of the 
auditor of state out of any funds in the treasury to the credit of the live 
stock commission, as in the judgment of the commissioners may be just, not 
exceeding its cash value; provided the horse was not diseased when passed 
in possession of the owner. (7468-42; 85 v. 335.) 
Sec. 268. [Penalty for suffering sheep afflicted with scab to 
run at large, or for selling same knowing, etc.] Any person 
owning or having in charge any sheep affected with foot rot or 
scab, who shall suffer the same to run upon any highway, common or 
other uninclosed ground, or shall sell such sheep, knowing or having rea- 
son to believe them to be diseased, without disclosing the fact to the 
purchaser, shall, upon conviction of either of said offenses, be fined in 
any sum not exceeding one hundred dollars, and be liable to parties in- 
jured for aU damages sustained. (7468-43; 85 v. 335.) 
Sec. 269. [Permitting dogs to run at large ; penalty for refusing 
to pay tax on dog; method of procedure against offender; killing 
of animals ; etc.] The owner or harborer of any animal of the dog kind, 
who permits such animal to be at large away from the premises occupied 
by him, unaccompanied by any person, shall be fined five dollars. Any 
person may kill any such animal so running at large, provided, that if any 
person in attempting to kill such animal so running at large, fails to kill 
and wounds the same, he shall not be liable to prosecution under sec- 
tion 6951, and any person the owner or harborer of any animal of the dog 
kind, wdo refuses to pay the tax provided for in section 2833 of the Revised 
Statutes, or fails to return as required by law to the assessors, for taxation, 
a dog owned or harbored by him, liable to be taxed, shall be deemed MANUAL OF THE LAWS OF 
guilty of an offense and shall be fined in any sum not exceeding five dol- 
lars, and the prosecuting attorney shall and without their securing or be- 
coming liable for costs, upon the request of two or more property owners 
of the county in which he is prosecutor, and upon affidavit being filed 
with him charging a violation of this section, file with the probate judge 
his information as to the violation of the provisions of this act, and there- 
upon said court shall proceed against such person or persons as made and 
provided for by statutes, for the trial of criminal cases in probate court, 
and the judge of said court shall direct any constable or marshal, or may 
deputize any person to take possession of such animal, upon the arrest of 
the owner or harborer thereof, and shall after five days, and within ten 
dajs after conviction of the owner or harborer thereof, kill such animal, 
provided the tax, fine and costs or any part thereof remain unpaid, pro- 
vided however, that any dog returned for taxation and the tax on which 
is paid when due shall be regarded as, and shall be property, and shall be 
entitled to the same protection, as other live stock, but no recovery shall 
be had for the malicious and unlawful injury or killing of such animal in 
excess of double the amount for which any such dog is listed for taxation. 
(1891, May 4: 7008; 88 v. 518.) 
CRUELTY TO ANIMALS. 
Sec. 270. [Cruelty to animals.] Whoever overdrives, overloads, 
tortures, torments, deprives of necessary sustenance, or unnecessarily or 
cruelly beats, or needlessly mutilates or kills, any animal, or impounds or 
confines any animal in any place and fails to supply the same during such 
confinement with a sufficient quantity of good, wholesome food and water, 
or carries in or upon any vehicle, or otherwise, any animal in a cruel or 
inhuman manner, or who keeps cows or other animals in any inclosure 
without wholesome exercise and change of air, or feeds cows on food that 
produces impure or unwholesome milk, or abandons to die any maimed, 
sick, infirm, or diseased animal, or being a person or corporation engaged 
in transporting live stock, detains such stock in railroad cars, or in com- 
partments, for a longer continuous period than twenty-four hours after 
the same are so placed, either within or beyond this state, without supply- 
ing the same with necessary food, water and attention, or permits such 
stock to be so crowded together as to overlie, crush, wound, or kill each 
other, shall be fined not more than two hundred nor less than five dollars, 
or imprisoned not more than sixty days, or both; provided, that all fines 
collected for violations of this section, shall be paid to the society or asso- 
ciation for the prevention of cruelty to animals, if any such society or 
association is organized in such township, village or city, where such vio- 
lation occurred. (6951; 78 v. 134.) STATE BOARDS OF HEALTH. 
79 
DIVISION XIII. 
Relating to Vital Statistics. 
Sec. 271. [Certificate of marriage to be transmitted to probate 
judge and recorded.] A certificate of every marriage hereafter solem- 
nized, whether authorized by publication of bans in the congregation, or 
by license issued by a probate judge, or after notice given to the congrega- 
tion, signed by the justice, mayor or minister solemnizing the same, or 
clerk of the monthly meeting shall be transmitted-to the probate judge in 
the county wherein the marriage license was issued, or the congregation 
wherein said bans were published is situated, or marriage was celebrated, 
within three months thereafter, and recorded by such probate judge; every 
justice, mayor, or minister, or clerk of the monthly meeting, failing to 
transmit such certificate to the probate judge in due time, shall forfeit and 
Eay fifty dollars, and if the probate judge shall neglect to make such record, 
e shall forfeit and pay fifty dollars to and for the use of the county. 
(6391; 86 v. 208.) 
Sec. 272. [Probate judge shall keep a record of births and 
deaths.] The probate judge,shall keep a record of the births and deaths 
reported to him, as hereinafter provided; the births shall be numbered, 
recorded, and alphabetically indexed in the order in which they are re- 
ceived, and the record shall state, in separate columns, the date of making 
the record, the date and place of birth, the name, sex, and color of the 
child, the maiden name of the mother, and the name of the father of the 
child, and the residence of the parents, as fully as the same are reported* 
the deaths shall be likewise numbered, recorded, and indexed, and the 
record thereof shall state in separate columns, so far as the same is report- 
ed, the date and place of death, name and surname of the deceased, con- 
dition (whether single, married, or widowed), age, place of birth, occupa- 
tion, names of parents (when an infant without name), cause of death, 
color, and last place of residence of such deceased person, and the date of 
making the record. (6395; 66 v. 69.) 
Sec. 273. [Statistics to be obtained annually by assessors; duties 
of physicians and midwives in certain cities; of clergymen and sex- 
tons.] It shall be the duty of the assessors of the several townships and 
wards of each county of this state, to obtain, annually, the foregoing 
statistics, at the time each assessor shall make the assessment of his respect- 
ive township or ward for the year ending the last of March, preceding each 
annual assessment, and report the same to the probate judge of his county, 
at the time of his regular report to the [county] auditor; and at the time 
of submitting his report to the probate judge, he shall state upon oath 
that he has made diligent inquiry in order to obtain the number of births 
and deaths, and other information required by this chapter, in his town- 
ship or ward, respectively; and if any assessor in this state shall fail or 
refuse to make such report, or to make and file the affidavit required by 
this title, the auditor of his county shall withhold his order until the law MANUAL OF THE LAWS OF 
has been complied with, to the satisfaction of the probate judge, except in 
counties containing cities of the first class, having a population of 
one hundred and filty thousand and over, in which counties it shall be the 
duty of the physicians and professional mid wives to keep a registry of the 
several births in which they have assisted professionally, which shall con- 
tain, as near as the same can be ascertained, the time of such birth, sex, 
color of the child, the names and residence of the parents; and physician* 
who have attended deceased persons in their last illness, clergymen who 
have officiated at the funeral, and sextons who have buried deceased per- 
sons, shall keep a registry of the name, age, and residence of such deceased 
persons at the time of their death; it shall be the duty of the physicians 
and professional mid wives to report fully the births registered by them, a* 
required by this chapter, to the judge of the probate court of the county 
every three months, viz, on or before the second Monday of the months 
of January, April, July, and October of each year; in case there is no 
physician or midwife in attendance at any birth, then the parents shall 
be required to report to the probate judge within one month; and physi- 
cians, clergymen, and sextons shall likewise report fully the deaths regis- 
tered by them, as required by this chapter, to the judge of the probate 
court of the county, every three months, as above designated; and any 
person who shall neglect or refuse to comply with, or violate the provis- 
ions of this chapter, shall forfeit and pay for each offense the sum of ten 
dollars, to be sued for and recovered in the name of the state of Ohio, and 
the penalty,' when recovered, shall be paid over, one-half to the school 
fund, and one-half to the party making complaint thereof. (6396; 68 v. 
49.) 
Sec. 274. [Duty of probate judge as to blanks for statistics,] 
It shall be the duty of the probate judge to furnish to each assessor of the 
several townships or wards of his county, annually, and to other person* 
making such report, a sufficient number of properly ruled blanks, which 
shall be paid for out of the county treasury, upon which to make such re- 
port to said probate judge. (6397; 66 v. 69.) 
Sec. 275. [Probate judge to keep record, ahd transmit abstract 
to secretary of state. ] It shall be the duty of the probate judge, receiv- 
ing the reports as above specified, within fifteen days alter the receipts 
thereof, to record the same in a book to be provided by the county com- 
missioners for that purpose, and to transmit an abstract thereof, on or be- 
fore the first Monday of August, every year, to the secretary of state, in 
such form as shall be prescribed by that officer, who shall file the same in 
his office, to be used by him in his annual report to the legislature. (6398; 
73 v. 203.) 
Sec. 276. [Evidence in courts.] Every original entry, made as 
above described, and a copy of such entry duly certified over the seal of 
said court, shall be received in all courts and places as prima facie evidence 
of the facts therein stated, and said records shall be open to the inspection 
of the public at all proper hours. (6399; 66 v. 69.) STATE BOARD OF HEALTH. 
DIVISION XIV. 
RELATING TO 
Gontagious Diseases ; Vaccir\atior\ ; Ceme- 
teries ; Jails; Instruction in Hygiene; 
protection of GKildren; Enforce- 
ment of Ordinances. 
CONTAGIOUS AND INFECTIOUS DISEASES. 
Sec. 277. [On complaint of infectious disease township clerk 
shall call a meeting of trustees, etc.] When complaint is made to the 
clerk of a township or a reasonable belief exists that the small-pox or any 
other infectious or loathsome disease prevails in any locality or house 
therein or in any adjoining township, and not within the limits of a city 
or incorporated village, said clerk shall call a meeting of the board of trust- 
ees of the township, and the board, if satisfied after investigation that 
such action is necessary, shall restrain all persons except physicians and 
necessary attendants from visiting or frequenting such house or locality 
within the township, or coming into such township from an infected 
locality in any other township, until the danger of infection or contagion 
therefrom has ceased, and they shall cause a copy of said order to be posted 
up in at least three of the most public places in the township. (1462 ; 
79 v. 50.) 
Sec. 278. [Trustees to make regulations to prevent spread of 
disease.] The board of trustees shall have power to make and enforce 
all necessary health regulations to prevent the spread of small pox or any 
other loathsome disease within the township, and restrain persons con- 
valescing from small pox or knowing themselves to have been exposed 
thereto from coming from infected localities into such townships; and 
any person violating such order or health regulation after the same has 
been published or posted up as provided in the next preceding section of 
this act, shall be liable to a penalty of not less than ten nor more than 
fifty dollars and costs, to be recovered by said board of trustees in an action 
before any justice of the peace in said township; said penalties, when col- 
lected, to be paid to the township treasurer for township purposes. (1463; 
79 v. 50.) 
Sec. 279. [Board may make and enforce rules for vaccination.] 
The board of each district may make and enforce such rules and regula- 
tions to secure the vaccination of, and to prevent the spread of small-pox 
among, the pupils attending or eligible to attend the schools of the dis- 82 
MANUAL OF THE LAWS OF 
trict, as in its opinion the safety and interest of the public require; and 
the boards of health and councils of municipal corporations, and the 
trustees of townships, shall, on application of the board of education of 
the district, provide at the public expense, without delay, the means of 
vaccination to such pupils as are not provided therewith by their parent* 
or guardians. (3986; 69 v. 22.) 
dead bodies. 
Sec. 280. [Regulating the burial of the dead in villages.] That 
villages shall not have the power to prohibit the interment of the dead 
in any cemetery within such village, unless it shall be satisfactorily shown 
that such interring is detrimental to the health of its inhabitants and 
general prosperity of such villages. (8223-147; 86 v. 179.) 
Sec. 281. [Penalty for corpse nuisance.] If the sexton or other 
person in charge of a township, or other cemetery suffers the dead to re- 
main in any vault or other receptacle until the same become offensive, he 
shall be liable, on the complaint of any person before a justice of the peace 
of the township, to a fine of not over twenty dollars, and an additional 
penalty of five dollars for every day, after the fine aforesaid, that the 
nuisance is continued. (1470; 54 v. 187.) 
Sec. 282. [May be removed, etc.] The trustees shall, when the 
dead laid in any vault or other receptacle become offensive, on complaint 
of any householder of the township, issue an order forthwith to the sexton 
or other person in charge, to have the same immediately interred; and in 
case the interment is neglected for three days after the complaint, any 
justice of the peace of the township may issue his written order to any 
householder of the township to inter the dead at the expense of the trust- 
ees, and shall allow a reasonable charge for the service aforesaid. (1471; 
64 v. 187.) 
JAILS. 
Sec. 283. [Jailer suffering jail to become unclean, etc.] A sheriff, or 
jailer, or other person, having the care and custody of any jail, who suffers 
the same to become foul or unclean, so that the health of any prisoner 
may be endangered,or suffers any prisoner, sentenced to imprisonment 
for any criminal offense, to be dealt with in a manner less strictly7- than 
intended by the sentence, shall be fined not more than one hundred 
dollars. (6916; 29 v. 144) 
Sec. 284. [The grand jury to visit the jail.] The grand jurors 
shall, once at each term of the court, visit the county jail, examine its 
state and condition, and inquire into the discipline and treatment of the 
prisoners, and their habits, diet, and accommodations; and they shall 
report to the court, in writing, whether the rules prescribed by the judge 
have been faithfully kept and observed, and whether any provision of law 
for the regulation of county jails has been violated, pointing out particu- 
larly in what such violation, if any, consists. (7209; 66 v. 300 ) 
• INSTRUCTION IN HYGIENE IN THE PUBLIC SCHOOLS. 
Sec. 285. [Instruction as to effect of alcoholic drinks and narcotics 
on the human system required in public schools ; provision therefor, 
etc.] The nature of alcoholic drinks and narcotics, and their effects on th# STATE BOARD OF HEALTH. 
83 
human system in connection with the subject of physiology and hygiene, 
shall be included in the branches to be regularly taught in the common 
schools of the state, and in all educational institutions supported wholly 
or in part by money received from the state; and it shall be the duty of 
boards of education, and boards of such educational institutions, to make 
provisions for such instruction in the schools and institutions under their 
jurisdiction, and to adopt such methods as shall adapt the same to the 
capacity of the pupils in the various grades therein; but it shall be deemed 
a sufficient compliance with the requirements of this section if pro- 
vision be made for such instruction orally only, and without the use of 
text-books by the pupils. (8092-33; 85 v. 213.) 
Sec. 286. [Examination required of teachers.] No certificate shall 
be granted to any person on or alter the first day of January, 1890, to 
teach in the common schools, or in any educational institution supported 
as aforesaid, who does not pass a satisfactory examination as to the nature 
of alcoholic drinks and narcotics and their effcts upon the human system. 
(8092-34; 85v. 213.) 
Sec. 287. [Penalty for refusal or neglect to give such instruction.] 
Any superintendent or principal of, or teacher in any common school or 
educational institution supported as aforesaid, who willfully refuses or 
neglects to give the instruction required by this act, shall be dismissed 
from his or her employment. (8092-35; 85 v. 213 ) 
PROTECTION OF CHILDREN. 
Sec. 288. [Employing children under fourteen years in shows, 
etc.] Whoever takes, receives, hires, employs, uses, exhibits, or in any 
manner, or under any pretense, sells, apprentices, gives away, lets out, or 
otherwise disposes of, to any person, any child under the age of fourteen 
years, for or in the vocation, occupation, service, or purpose of singing, 
playing on musical instruments, rope or wire walking, dancing, begging, 
or peddling, or as a gymnast, contortionist, rider, or acrobat, or for or in 
any obscene, indecent or immoral purpose, exhibition, or practice, or for 
or in any business, exhibition, or vocation injurious to the health or 
dangerous to the life or limbs of such child, or causes, or procures, or 
encourages, any such child to engage therein, or causes or permits any 
such child to suffer, or inflicts upon it, unjustifiable physical pain or 
mental suffering, or willfully causes or permits the life of any such child 
to be endangered, or its health to be injured, or such child to be placed in 
such situation that its life may be endangered, or its health injured, or 
has in custody any such child for any of the purposes aforesaid, shall be 
fined not more than two hundred dollirs, or imprisoned not more than 
six months or both. (6984; 73 v. 219.) 
Sec. 289. [Penalty for injuring or neglecting children.] Who- 
ever tortures, torments, cruelly, or unlawfully punishes, or willfully, un- 
lawfully and negligently deprives of necessary food, clothing or shelter, any 
person and whoever having the control of, or being«the parent or guardian 
of any child or children under the age of sixteen years willfully abandons 
such child or children, or tortures, torments, cruelly or unlawfully punishes, 
or willfully, unlawfully, and negligently deprives of necessary food, cloth- 
ing or shelter, such child or children shall bs fined not more than two 
hundred dollars, nor less than ten dollars, or imprisoned for not more than 
six months or both. (6984a. 83 v. 27.) 84 
manual of the laws of 
Sec. 290. [Prohibiting sale of cigarettes and tobacco to minors.] 
Whoever sells, gives or furnishes to any minor under fifteen years of «ge, any 
cigarette, cigar or tobacco, shall be fined not less than five dollars nor 
more than twenty-five dollars, or imprisoned not more than thirty days, 
or both. (6986-1; 85 v. 169.) 
Sec 291. [Intoxicating liquors: unlawful for minor to enter 
place where sold; exceptions.] It shall be unlawful for any minor to 
enter any saloon, beer-garden or other place where intoxicating liquors 
are sold or offered for sale, except in the discharge of some lawful business or 
accompanied by a parent or guardian. (1891, April 28; 88 v. 409.) 
Sec. 292. [Penalty.] Any person so offending shall, for the first of- 
fense upon conviction thereof, be fined not more than five dollars ($5 00), nor 
less than one dollar ($1.00), and for any subsequent offense shall, upon con- 
viction or convictions thereof, be fined not more than twenty-five dollars 
f$25.00), nor less than five dollars ($5.00), or be imprisoned not more than 
ten days (10), or both. (1891, April 28; 88 v. 409.) 
Sec. 293. [Penalty for permitting minor to loiter where sold; 
employment of minors.] The keeper or person having in charge any 
saloon, beer garden, or other place where intoxicating liquors are 
sold or offered for sale, who shall knowingly permit any minor less 
than eighteen years of age, except as provided in section one, to enter 
and remain in said place where intoxicating liquors are sold or 
offered for sale as aforesaid, except members of his own family, shall 
be fined not more than than twenty-five dollars nor less than five 
■dollars, 'or be imprisoned not more than ten days, or both. Nothing 
herein contained shall be construed as prohibiting the employment of any 
minor to do or perform labor in any part or department of any building, 
other than the room wherein the saloon or other place in said building 
wherein intoxicating liquors are sold or offered for sale. (1891, April 28; 
88 v. 409.) 
Sec. 294. [Drugstores.] Nothing in this act, shall be construed to 
prohibit minors from entering the drug store of any druggist doing busi- 
ness under the laws of this state, and who sells intoxicating liquors only 
on physicians’ prescription. (1891, April 28; 88 v. 410.) 
ENFORCEMENT OF ORDINANCES. 
Sec. 295. [Final jurisdiction under ordinances.] In villages, the 
mayor shall have final jurisdiction to hear and determine any prosecution 
for the violation of an ordinance of the corporation, unless imprisonment 
is prescribed as part of the punishment. (1828; 69 v. 169.) 
Sec. 296. [How ordinances, etc., enforced.] By-laws and ordi- 
nances of municipal corporations may be enforced by the imposition of 
fines, forfeitures, and penalties, on any person offending against any such 
by-law or ordinance; and the fine,penalty, or forfeiture may be prescribed 
in each particular by-law or ordinance, or by a general by-law or ordinance 
made for that purpose; and the municipal corporation shall have power 
to provide, in like manner, for the prosecution, recovery, and collection 
of such fines, penalties, or forfeitures. (1861; 66 v. 167.) INDEX. 
Sec. No. 
Abortion— 
attempting to procure; penalties 140 
Ana3sthetics— 
administering without presence of witness; penalties 141 
Animals— 
cruelty to; how punished 270 
dead, must be burned or buried 249 
dying of contagious diseases must be burned or buried; duties of township 
trustees as to 250 
quarantine of diseases, duty of sheriffs as to; penalties 251 
selling diseased or allowing to run at large 255 
Board of Health— 
duty of physicians to report to 14 
duty of, in certain cities as to brothels 19 
minor prostitutes "... 20 
may be treated as vagrants 21 
diseased prostitutes 22 
suit for expenses of 23 
expenses of 38 
force of orders of 18 
health officer, clerk, etc... , 11 
how constituted in certain cities 39 
how established; members of 9 
infected persons escaping from pest house; penalties 17 
inspection of milk and meat 31 
analysis of 32 
may visit benevolent institutions 47 
nuisances to be abated by 24 
modification of order 26 
suspension of order : 25 
permit to convey corpse 15 
penalties 16 
penalties for violating orders of 35 
by corporation 36 
prosecutions, how instituted 37 
quarantine may be established by 40 
buildings for, may be erected. 44 
council may borrow money for 46 
effect of declaring 42 
railroads, vessels, etc., subject to 41 
sanitary inspectors for, may be appointed 45 
to whom, rules for apply 43 
registry in Hamilton county 13 
report of, to council 34 86 
INDEX. 
Board of Health—Continued— Sec. No. 
sanitary police appointment of 27, 28 
suspension of 30 
when dismissed 29 
suppression of nuisances by 12 
term of members 10 
vaccination 33 
Board of Live-Stock Commissioners— 
appointment of members of 247 
powers and duties of 248 
Buildings— 
examination of 200 
certificate . 201 
re-examination of 202 
appeal of owner 203 
inspection of, may be dispensed with 205 
penalties 204 
regulations for the safety of 196 
exceptions 197 
penalties 198 
duty of prosecuting-attorney 199 
when inspections shall be made 206 
Butter— 
artificial, sale of 80 
restrictions on manufacture of 81, 82, 96 
use of, by State institutions 93 
card to be displayed by dealers 85 
by hotel keepers 86 
false brands and labels 83, 84 
fraudulent shipment ; 87 
informers 95 
natural defined 97 
penalties 94, 98 
Candy— 
adulterated, manufacture of 100 
penalties 102 
samples may be demanded 101 
Cannon— 
firing, in public street 157 
Children— 
permitting, to enter where intoxicating liquors are sold; penalties 291, 293 
exceptions.. 294 
penalties for torturing or neglecting 289 
provisions for protection of; penalties 288 
selling cigars, tobacco to; penalties 290 
Contagious diseases— 
duties of township trustees as to 277, 278 
escape of persons affected with 17 
females affected with 19-23 
physicians and house-owners shall report 14 
State Board of Health shall inquire as to cause of 2 
reports to, of 3 INDEX. 
87 
Dairy and Food Commissioner— Sec. No. 
assistants of; expert chemists 69 
duties of 67 
election ; salary and expenses of. 66 
fines collected, disposition of 70 
powers of 68 
Dead bodies— 
permitting to become a nuisance 281 
permit to convey f. 15 
removal of 282 
regulating burial of, in villages 280 
Dentistry— 
practicing without qualification ; penalties 143 
who may practice 142 
Ditches— 
railroads must provide 245 
township trustees may establish 241 
when county commissioners may construct 240 
Dogs— 
permitting, to run at large; killing of 269 
Drug- 
administering secret; penalties 139 
keeping opium joint; penalties 133 
Druggist— 
examining board for 120 
duty of, as to examinations 122 
register of authorized persons 121 
to whom provisions do not apply 123 
morphine, how sold 127 
penalties 128 
penalties 126 
poisons must be labeled 129 
penalties 130 
selling or giving away 131 
qualified assistants 125 
who may retail drugs 119 
who may compound prescriptions 124 
Dynamite— 
application for license to manufacture 159 
how granted 160 
manufacture, transportation and storage of 156 
sale to minors or without labels forbidden 162 
sale or use of 158 
storage, etc.; penalties 161 
unlawful use and possession of 163 
Female employes— 
must be furnished with seats 190 
penalties 191 
Fire-arms— 
carrying concealed 166 
pointing at, injury thereby ; penalties 167 
selling or giving to minors; penalties 164 
selling toy pistol to minors under fourteen; penalties 165 88 
Fire escapes— Sec. No. 
certificate of provisions for 210 
certain boarding schools must be furnished with 211 
duties of factory-men, hotel-men, etc., as to 207 
duty of mayor to require; penalties 208 
duty of mayor to examine buildings 209 
Food— 
samples may be demanded for analyses; penalties 74, 75 
selling unwholesome; penalties 99 
when deemed adulterated 735 
Glanders— 
• destruction of animals affected with; compensation 267 
penalty for failing to keep horses affected with isolated 266 
Infected cattle— 
appraisement and killing of 258 
compensation 259 
appropriations for 260 
bringing, from certain States forbidden 261 
duties of transportation companies as to 264 
penalties 263 
prosecutions 265 
unloading in certain months forbidden 262 
duties of carriers and owners of stock-yards as to 254 
importing, affected with Spanish fever 256 
presumptions in action for damages for infection from 253 
proclamation prohibiting importation of 257 
what shall not be brought into State 252 
Inspector of Workshops and Factories— 
appointment of 178 
duties of 179 
shall have free access to shops and factories 180 
shall give notice of alterations; penalties... 181 
shops and factories defined 182 
Jails— 
grand jury to visit 284 
suffering to become unclean 283 
Levee— 
probate court may order construction of 246 
Liquors— 
adulterating; penalties 113, 115 
manufacturing or selling poisoned 116 
putting adulterated, in branded packages 118 
Manufacturer— 
defined; penalties 193 
inspector of workshops and factories to furnish blanks to 194 
to report accidents to inspector of workshops and factories 192 
Mayor— 
has final jurisdiction, when 295 
Milk- 
condensed 92 
falsely labeled 90 
from unhealthy cows 91 
regulating sale of; penalties 76 
INDEX. INDEX. 
Milk—Continued— Sec. No. 
selling impure, diluted; how punished 77, 88, 89 
skimmed, regulations for sale of 78 
when deemed adulterated... 79 
Mill-dam— 
when county commissioners may remove 242 
Mine Inspector— 
powers and duties of 168 
Mines— , , 
action for non-compliance with statutes 175 
competent engineers must be employed 172 
employment of rrflnors in 174, 183 
exceptions.4 176 
177 
lighting and ventilation of; notice of accidents; penalties.. v 173 
outlets required .' 169 
safety apparatus for 171 
ventilation of... 170 
Minors— 
employing, under the age of fourteen in factories 183 
unde,r the age of eighteen 184 
penalties 185 
inspector of shops and factories to prosecute 186 
protection of 187 
penalties 188 
duty of inspector of shops and factories to prosecute 189 
Municipalities— 
powers of.. 239 
to construct sew ers 239a 
to provide for public water supply 2395 
Nuisances— 
befouling well, spring, etc., how punished 65 
buildings, keeping of animals, etc., may become 59 
creating artificial pond and stagnant waters; how punished 60 
depositing offal, dead animals, etc.; how punished 61 
duties of Board of Health as to 51 
owners of lots as to 49 
charged with expense of removal 50 
indictment of corporation for 53 
inspector of nuisances; appointment, duties, etc 55 
judgments for fines and costs, how collected 57 
prosecuting-attorney, legal advisor for 56 
obstructing ditch, etc.; how punished 64 
powers of municipal corporations as to 48 
prohibited near benevolent institutions 52 
summons and indictment against corporations committing 65 
throwing coal dirt, petroleum, etc., in rivers ; how punished 63 
what deemed near benevolent institutions ; how punished 62 
when deemed committed ; penalties 54 
Ordinances— 
how enforced 296 . INDEX 
Petroleum oils— • Sec. No* 
liability for damages 154 
manner of inspection of 144 
responsibility of dealers in 151 
state inspector, powers of 145 
duties of 152 
records of... 146 
shall not traffic in 153 
selling uninspected; penalties 147 
using; penalties - 148 
selling casks without defacing brand ; penalties 149 
shall not be adulterated ; penalties 150, 155 
Physician— 
administering medicine when intoxicated ; penalties j! 138 
practicing without qualification . 137 
selling or using fraudulent diploma; penalties 135 
issuing for sale 136 
who may practice as..... ; 134 
Poisons—(See drug and druggist)— 
depositing in thoroughfare 132 
Railroad Commissioner— 
duties of, etc.; penalties 212 
must enforce certain sections 218 
Railroad Companies— 
employment of color-blind persons by ; examination 222 
penalties 223 
limiting service of employes of 228 
penalties 229 
must block railway frogs 232 
penalties 233 
prohibited from employing locomotive engineers addicted to drink 227 
provisions for protecting employes of 230, 231 
qualifications of conductors and engineers employed by 224 
penalties 225 
duty of railroad commissioner to enforce 226 
Railroads— 
bridges over crossings 234 
council may prohibit switching 235 
ditches along, must be provided 245 
heating apparatus for passenger cars .' 219 
how passenger cars shall be lighted 220 
movable bridge must be provided between passenger cars 216 
penalties 217 
penalties for violating certain sections 221 
sign boards must be erected at crossings 215 
Scab— 
selling or suffering sheep affected with, to run at large 268 
Schools— 
instruction in hygiene in 285 
examination of teachers 286 
penalties ; 287 INDEX. 
9i 
State Board of Health— Sec. No 
annual report oF 8 
appointment and terms'of members 1 
general duties of 2 
meetings of 6 
penalties, how applied 5 
report to, of contagious’diseases 4 
secretary of 7 
vital statistics, supervision'by 3 
Streams— 
when county commissioners may remove obstructions in 242 
Street Railways— 
car to be stopped at crossings 236 
must stop at intersecting steam railways 237 
penalties 238 
Tobacco— 
selling or giving to minor under fifteen ; penalties 290 
Vaccination— 
board of health may offer gratuitous 33 
school board may enforce 279 
Vinegar— 
brands on casks containing , 105 
penalties 106 
injurious ingredients of 104 
manufacture of adulterated, forbidden 103 
Vital Statistics— 
abstracts of records sent to Secretary of State 275 
blanks for collecting 274 
certificate of marriage sent to probate judge 271 
collected by assessors; duties of physicians as to, in certain cities 273 
original entry evidence in court 276 
probate judge to keep record of births and deaths 272 
Wines— 
adulterated, defined; penalties for manufacture of 107 
adulterating domestic 114 
compounded wine defined, must be stamped as such 110 
exceptions 112 
penalties; duties of prosecuting-attorney Ill 
pure defined; must be stamped as such 108 
wine defined ; must be stamped as such 109