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after become unknown within the meaning of this act, shall be paid to said probate judge by the bank, company, association, or person designated in section one hereof, at the time such annual statement is returned, and shall be by such bank, company, association, or person, deducted from the amount due such unknown depositor. 85 O. L. 65.

(§ 3821-93.) Sec. 5. Unknown deposits to be paid into county treasury-When-Such payment releases the bank's liability—

That whenever any corporation, company, association, or person, in whose name any deposit is hereafter made with any bank, company, association, or person designated in section one hereof, shall become unknown within the definition and meaning of this act, the amount due to such depositor shall be by such bank, company, association, or person, paid to the treasurer of the county in which such bank, company, or association is located, and shall be by said treasurer credited to the general fund of said county; provided, that such deposit shall not be paid to said treasurer until after the expiration of eight years from the date of the first statement, in which the name and amount due such unknown depositor shall be returned to the probate judge as hereinbefore provided; and the bank, corporation, association, or person so making such payment shall thereby be released from any claim, demand, or liability to pay the same or any part thereof to the depositor, his administrators, executors, or assigns. 85 O. L. 65.

(§ 3821-94.) Sec. 6. Sec. 6.

How and by whom such deposits may be reclaimed

If at any time thereafter proof is made to the satisfaction of the probate court, or the county commissioners, of the right of any person or persons, by inheritance or otherwise, the said funds or any part of the same, so paid to the treasurer under the provisions of the preceding section, said court or commissioners shall certify the same to the county auditor, who shall thereupon draw a warrant on the treasurer of the county in favor of such claimant or claimants, or the legal representatives or duly authorized agent of such claimant or claimants, for the sum so paid into the treasury; provided, if any such person or persons become aggrieved by the decision, finding, or action of the probate.

court or the county commissioners, such person or persons may appeal to the court of common pleas, by virtue of the provisions. of the Revised Statutes of 1883, sections eight hundred and ninetysix, sixty-four hundred and seven, sixty-four hundred and eight, sixty-four hundred and nine, and sixty-four hundred and ten, respectively, and all acts amendatory and supplementary thereto, and said sections shall, so far as applicable, govern proceedings had under the provisions of this act. 85 O. L. 65.

(§ 3821-95.) Sec. 7. Penalty for refusal or neglect

That every bank, company, association, or person designated in section one of this act, who shall neglect or refuse to comply with the provisions of this act, shall forfeit and pay five hundred dollars for every such offense. 85 O. L. 65.

(§ 3821-96.) Sec. 8. Recovery and disposition of penalties

The penalty imposed by this act shall be recovered by action. in the name of the State of Ohio, before any court of competent jurisdiction; and all penalties incurred under this act, when collected, shall be paid to the treasurer of the county in which the judgment is recovered for the same, and one-half thereof shall be by said treasurer credited to the general fund of said county, and one-half thereof shall be by him held for the use of the State of Ohio. 85 O. L. 65.

(§ 3821-97.) Sec. 9. Who may sue-Duty of prosecuting


The action provided by the eighth section hereof, for the recovery of penalties incurred under the provisions of this act, may be instituted and prosecuted to judgment by any citizen of the State of Ohio; and it is hereby made the duty of the prosecuting attorney of such county to institute and prosecute such action against every bank, company, association or person designated in the first section hereof, and located in said county, who shall fail to comply with the provisions of this act. 85 O. L. 65.

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3836-9. Bond and term of inspector.

3836-10. Accommodations for inspector.

3836-11. Duty of inspector.

3836-12. Foreign associations; requirements. 3836-13. Certificate of authority. 3836-14. Change of securities.

3836-15. Deposit as security for claims. 3836-16. Annual reports to be made. 3836-17. Contents and publication of reports. 3836-18. Examination of associations.

3836-19. Powers of examiners.

3836-20. Publication of examination. 3836-21. Cancellation of authority of foreign associations.

3836-22. Fees of inspector. 3836-23. Cash securities.

3836-24. Penalties against associations.

3836-25. Penalties against officers, agents, etc. 3836-26. Annual report of inspector. 3836-27. Dissolution and consolidation of as


3837. Co-operative trade associations. 3838. Common carrier companies.

3858. Market-house companies.

3859. Powers of such companies.

3860. May keep streets unobstructed. 3861. May construct sewers.

3862. Mining and manufacturing companies. 3863. May subscribe for stock in transporta

tion company.

3864. Certain companies may consolidate. 3865. Certain conveyances must be made. 3866. May build a railroad.

3867. Mining companies may acquire additional powers.

3868. Park, pond and rink companies. 3869. May provide for reversion of stock,

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3881. Homes for aged and indigent women.
3881-1. Contract for care of deaf and dumb.
3882. Wrecking companies.
3883. Fruit companies.


3884. Companies for protecting and preserv. ing dead bodies.

3884a. Certain corporations authorized to purchase or lease real estate.

§ 3822. Avenue companies in certain counties

Companies may be incorporated in any county having not less than one hundred thousand inhabitants, for the purpose of constructing avenues in the counties where they are organized; such avenues shall be opened not more than one hundred feet in width, at least sixty feet of which shall be cleared of all obstructions, and not less than thirty feet shall be made an artificial road, composed of stone, gravel or other suitable material, well compacted together in such manner as to secure a firm and substantial road, and shall not be less than five miles in length; and they may enter upon and appropriate any lands for the use of such avenue after having obtained the written consent of a majority of the persons owning the lands sought to be appropriated, which consent shall be entered upon their records. 46, § 12; S. & C. 343.

53 V.

Acts restricted to Montgomery county will be found in 78 O. L. 103 and 82 Ô. L. 209.

§ 3823. Other turnpike companies

A corporation created for the purpose of constructing and maintaining a free public avenue shall construct and maintain its avenue not less than fifty nor more than one hundred feet wide, of such materials as it may deem proper, and shall not charge toll of any kind for the use of its avenue by the public, but may make and enforce all necessary and reasonable regulations for the use and preservation of the same; and if, in laying out such avenue, it be necessary to enter upon and appropriate any lands or premises, the proceedings therefor shall be instituted and carried on in all respects as is provided by law for the appropriation of private property by municipal corporations. 76 v. 62, § 1.

§ 3824. When company may take tolls

When any such company puts under contract five consecutive miles of any such avenue, and completes not less than two consecutive miles thereof to the acceptance of the county commissioners, or when the whole of any such avenue is completed to

such acceptance by any such company, the company may erect a toll-gate thereon for the collection of such tolls as turnpike and plank-road companies are allowed by law to collect; and when a company completes to such acceptance five consecutive miles of an avenue, it may erect thereon two toll-gates, at such places as in the opinion of the directors will best subserve the interest of the company, for the collection of tolls as above provided. 53 v. 46, § 3; S. & C. 343.

Owner of land abutting on such avenue may construct bridge from his land to the avenue and use latter like other travelers, but may not connect bridge with a private way and thereby permit the public to avoid the tollgates; where bridge is so used and is built on the company's land, the company may remove it. A person having no right whatever over such private way, but simply using same without objection, cannot build such bridge. Cin. & Spring Grove Ave. Co. v. Bates, 2 C. C. 376.

§ 3825. When consent of authorities necessary—

When in laying out any such avenue it becomes necessary to run through or along the line of any village, the board of directors of the avenue company shall obtain the consent of the council of such village to the laying out of such avenue through or along the territory over which they have supervision or control. 53 v. 46, § 4; S. & C. 343.

§ 3826. Authorities may surrender road to company

If, on application being made to the council of a village, they are of opinion that the public good demands the laying out of such avenue, they may give their written consent to the laying out and construction of the same, which shall have the force and effect of a full and complete release of all authority over the avenue within their corporate jurisdiction, and the directors may lay out and construct the avenue through the territory of such village, and control the same in all respects as though the village did not exist. 53 v. 46, 5; S. & C. 343.

§ 3826a. Power to condemn avenues belonging to avenue companies within corporate limits

Where avenue companies have been or may hereafter be organized, and have constructed and operated, or may hereafter construct and operate an avenue or avenues in a county containing a city of the first grade of the first class, the board of public improvements of such city of the first grade of the first

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