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Penalty.

who shall receive to be placed in a home, or shall place in a home, any child in behalf of any association incorporated in any other state which shall not have complied with the requirements of this act, shall be imprisoned in the county jail not more than thirty days, or fined not less than five dollars or more than one hundred dollars, or both, in the discretion of the judge.

SECTION 37. The judge in committing children shall place them, so far as practicable, in the care and custody of some individual holding the same religious belief as said child or its parents, or with some association which is controlled by persons of like religious faith as such child or its parents.

SECTION 38. Nothing in this act shall be construed to repeal any portion of the acts relating to the boys' industrial school at Lancaster or the girls' industrial home at Dela

Religious belief.

ware.

Felony.

Act to be liberally construed.

SECTION 39. When any information or complaint shall be filed against any delinquent child under the provisions of this act, charging such delinquent child with a felony, the judge may order such delinquent child to enter into a recognizance, with good and sufficient surety, in such amount as he may deem reasonable, for his appearance before the court of common pleas at the next term of said court; and the same proceedings shall be had thereafter upon such complaint as are now authorized by law for the indictment, trial, judgment and sentence of any other person charged with a felony.

SECTION 40. This act shall be liberally construed to the end that its purpose may be carried out, to-wit: That proper guardianship may be provided for in order that the child may be educated and cared for, as far as practicable in such manner as best subserves its moral and physical welfare, and as far as practicable in proper cases that the parent, parents or guardians of such child may be compelled to perform their moral and legal duty in the interest of the child. And all fees and costs in all cases coming within the provisions of this act, together with such sums as shall be necessary for the incidental expenses of such court and its officers, and together with the costs of transportation of children to places to which they may be committed, shall be paid out of the county treasury of the county upon itemized vouchers and certified to by the judge of the court.

SECTION 41. That the act entitled, “An act to regulate the treatment and control of dependent, neglected and delinquent children," passed April 25, 1904, approved May 5, 1904 (97 Ohio L., 561), and the act amendatory and supplemental thereto, passed April 2, 1906, entitled, “An act to amend sections 1, 6, 7 and 10 of an act entitled 'An act to regulate the treatment and control of dependent, neglected and delinquent children,'” passed April 25, 1904, and to supplement said act with supplemental sections 23, 24, 25,

Fees and costs, how paid.

26, 27, 28, 29 and 30 (98 Ohio L., 314), be and the same
are hereby repealed.

FREEMAN T. EAGLESON,
Speaker of the House of Representatives,

JAMES M. WILLIAMS,

President of the Senate.
Passed April 23, 1908.
Approved April 24, 1908.

ANDREW L. HARRIS,

Governor. 106G. .

[House Bill No. 723.]

AN ACT

To amend section 3922 of the Revised Statutes of Ohio, in re

lation to the suspension of schools in subdistricts, and conveyance of pupils to other districts.

conveyance of

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 3922 of the Revised Statutes of Ohio, in relation to the suspension of schools in subdistricts, and conveyance of pupils to other districts, be amended so as to read as follows:

Sec. 3922. The board of education of any township school district is authorized to suspend the schools in any or Suspension of all subdistricts in the township district, but upon such sus- subdistricts; pension the board must provide for the conveyance of the pupils. pupils residing in such subdistrict or subdistricts to a public school in said township district, or to a public school in another district, the cost of such conveyance to be paid out of the funds of the township school district; or the board may abolish all the subdistricts providing conveyance is furnished to one or more central schools, the expense of such conveyance to be paid out of the funds of the district, but no sub-district school where the average daily attend- Average daily ance is twelve or more, shall be so suspended or abolished under the provisions of this section, after a vote has been taken under the provisions of section 3927-2 of the Revised Statutes, when at said election a majority of the votes cast thereon were against the proposition of centralization, or when a petition has been filed thereunder and has not yet been voted upon at an election.

No township schools shall be centralized under this Centralization, section by the board of education of the township until after required. sixty days' notice has been given by the board, said notices to be posted in a conspicuous place in each sub-district of the township. When transportation of pupils is provided for, the conveyance must pass within at least the distance of one-half of a mile from the respective residence of all pupils, except when such residences are situated more than one

Conveyance, optional with board, when.

half of a mile from the public road; but transportation for pupils living less than one and one-half miles, by the most direct public highway, from the school house shall be optional with the board of education.

SECTION 2. That original section 3922 of the Revised Statutes of Ohio be and the same is hereby repealed.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

James M. WILLIAMS,

President of the Senate.
Passed April 23, 1908.
Approved April 24, 1908.

ANDREW L. HARRIS,

Governor 107G.

[House Bill No. 785.]

AN ACT

Authorizing the county commissioners to purchase machinery

and tools for the construction and repair of roads.

Purchase of machinery or tools by commissioners.

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That the county commissioners in each and every county in the state, whenever they deem it to the public interest to do so, are hereby authorized and empowered to purchase machinery or tools adapted for use in the construction or repair of roads and to employ the necessary labor to operate the same and to pay for the same out of any funds on liand applicable to the construction or repair of roads in their county, payment to be made from the county treasury upon a warrant issued by the county auditor upon the order of the county commissioners.

SECTION 2. All such machinery and tools shall be available for use in the construction, improvement or repair of any county or township road within the county as the county commissioners shall from time to time order and direct.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed April 23, 1908.
Approved April 24, 1908.

ANDREW L. HARRIS,

Governor. 108G.

205

[House Bill No. 795.]

AN ACT

to refund out

bonds.

To amend section 872 and section 873 of the Revised Statutes,

and relating to the issuing of bonds and the levying of a

tax to pay said bonds. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 872 and 873 of the Revised Statutes be amended so as to read as follows:

Sec. 872. The bonds so issued may be used to refund Bonds issued any bonds outstanding, which were issued for the purpose standing of purchasing the lands or erecting the buildings so acquired by the commissioners, and shall be signed by the commissioners, or any two of them, and countersigned by the auditor, with or without coupons attached, in sums not less than fifty nor more than one thousand dollars each, payable to bearer at the county treasury, with interest, as aforesaid, at such times, not exceeding thirty years after date, as the commissioners prescribe, and such bonds shall specify distinctly the object for which they were issued.

Sec. 873. The commissioners shall, annually, at their June session, levy such amount of taxes as will pay the interest on such indebtedness, and at least one-thirtieth of the principal; but where such indebtedness is created by the Exception. purchase of lands, the erection, repair, alteration, or improvement of a building or buildings for an infirmary, the property of any city which supports the poor thereof at its own expense exclusively, shall not be taxed for such purpose.

SECTION 2. That sections 872 and 873 of the Revised
Statutes, be and the same are hereby repealed.

FREEMAN T. EAGLESON,
Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed April 23, 1908.
Approved April 24, 1908.

ANDREW L. HARRIS,

Governor. 109G.

[House Bill No. 830.]

AN ACT

To supplement section 4042 of the Revised Statutes, authorizing

boards of education of districts having depositories for

school moneys to dispense with a treasurer of such funds. Be it enacted by the General Assembly of the State of Ohio: SECTION I.

That section 4042 of the Revised Statutes be supplemented as follows:

Sec. 4042a.

Treasurer of
school moneys
dispensed
with.

Provisions, when depository ceases to act.

When a depository has been provided for the school moneys of any district as authorized by section 3968 of the Revised Statutes of Ohio, the board of education of such district may, by resolution duly adopted by the vote of a majority of its members, dispense with a treasurer of the school moneys belonging to such school district; and in such district the clerk of the board of education thereof shall perform all the services, and discharge all the duties and be subject to all the obligations that are required of the treasurer of such school district by the statutes of Ohio. Whenever such treasurer is dispensed with as herein provided, then all the duties and obligations required by the statutes of Ohio of the county auditor, county treasurer, or other officer or person, relating to the school moneys of such district, shall be complied with by dealing with the clerk of the board of education of such district. Such clerk before entering upon such duties, shall give an additional bond equal in amount and in the same manner as is prescribed by law for the treasurer of such school district.

In any such district, should the depository for any reason cease to act as custodian of the school moneys, then such money shall be placed in the custody of the treasurer of the city, village or township in which such school district is located, or of the special school district; upon such treasurer, as treasurer ex-officio of such school funds, or such treasurer of such special school district, giving bond as required by law to the approval of the board of education such moneys to be held and disbursed by said treasurer in all respects as now provided by law until such time as another depository is provided for such school moneys, when the same shall be by said treasurer placed in such depository, and the duties and obligations of such treasurer relating to said moneys shall then cease.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed April 27, 1908.
Approved April 27, 1908.

ANDREW L. HARRIS,

Governior. IIOG.

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