[Senate Bill No. 216.] AN ACT To provide for electrocution. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 7338 and 7343 be amended Execution of so as to read as follows: death sentence: SEC. 7338. The mode of executing a death sentence Mode; execumust in every case be by causing to pass through the body tioner; place. of the convict a current of electricity of sufficient intensity to cause death, and the application of such current must be continued until such convict is dead, and the warden of the Ohio penitentiary, or in case of his death, inability or absence, a deputy warden shall be the executioner, and when any person shall be sentenced, by any court of the state having competent jurisdiction, to be so executed, such punishment shall only be inflicted within the walls of the Ohio penitentiary at Columbus, Ohio, within an enclosure to be prepared for that purpose under the direction of the warden of the penitentiary and the board of managers thereof, which enclosure shall be so constructed, as to exclude public view. SECTION 2. All executions of the death penalty by electrocution shall take place according to the provisions of this act, and on the day designated by the judge passing sentence, but before the hour of sunrise of the designated day, and the warden or a deputy warden executing the sentence shall receive for his services fifty dollars to be paid out of any fund on hand appropriated for the maintenance and support of the Ohio penitentiary. SEC. 7343. Unless a suspension of execution be ordered by the supreme court or two judges thereof, the warden or deputy warden shall proceed, at the time and place named in the warrant, to cause the prisoner under death sentence to be electrocuted as prescribed in section 7338; and of the manner of his execution of the warrant and his doings thereon, he shall forthwith make return to the clerk of the county from whence the prisoner was sentenced, who shall record the warrant and returns in the records of the case. SECTION 3. The body of the executed person shall be returned to the friends in any county in the state for burial that they may request in writing, if made on the warden the day before, or on the morning, of the execution; and he may draw his order on the auditor of state, and he on the state treasurer for paying the transportation and other funeral expenses, not to exceed the sum of fifty dollars; and if no request is made by the friends as aforesaid, the body to be disposed of as provided by law for such Provisions govfee of execu erning; time; tioner. Execution and return of warrant. Disposition of body of person executed; ex penses of funeral. Execution for crime commit sequent to taking effect of act. SECTION 4. Nothing contained in any provision: ted prior or sub- of this act applies to a crime committed at any time beforethe day when this act takes effect; such crime must be: punished according to the provisions of law existing when it is committed, in the same manner as if this act had not been passed; and the provisions of law for the infliction of the penalty of death upon convicted criminals in existence on the day prior to the passage of this act are continued in existence and applicable to all crimes punishable by death,. which have been or may be committed before the time when this act takes effect; a crime punishable by death, committed after the beginning of the day when this act takes effect, must be punished according to the provisions of this act and not otherwise. Taking effect and applicability. Repeals. SECTION 5. This act shall take effect and be in force from and after the first day of July, one thousand eight hundred and ninety-six, and shall apply to all convictions for crimes, punishable by death, committed on or after that date, but shall not apply to convictions punishable by death when the crime was committed before July first, one thousand eight hundred and ninety-six. SECTION 6. Sections 7338 and 7343 of the Revised Statutes are hereby repealed. The repeal to take effect and be in force on the first day of July, 1896. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. JNO. C. HUTSINPILLER, Passed April 16, 1896. President pro tem. of the Senate. 134G Dairy and food commissioner: Assistant commissioners. Experts, chemists, agents, inspectors and counsel. Payment of expenses, etc.; limitation. [Senate Bill No. 232.] AN ACT To amend section 4 of an act entitled "An act to create the office of dairy and food commissioner," as amended April 19, 1894. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4 of an act entitled "An act to create the office of dairy and food commissioner," as amended April 19, 1894, be amended so as to read as follows: SEC. 4. Said commissioner may appoint not to exceed two assistant commissioners, whose salaries shall be one thousand dollars per year, and necessary traveling expenses incurred in the discharge of their official duties, to be paid in like manner with the commissioner's and on itemized vouchers approved by said commissioner; the said commissioner shall have power to employ such experts, chemists, agents, inspectors and counsel as may by him be deemed necessary for the proper enforcement of the laws, their compensation to be fixed by the commissioner. All charges, accounts and expenses authorized by this act shall be paid out of the state treasury upon vouchers certified by the commissioner, and upon warrant by the state auditor. The entire expense of said commissioner shall not exceed in one year the amount specifically appropriated for such purposes. All vacancies in the office of the food and dairy commissioner shall be filled by appointment of the governor until the next general election, then the same shall be filled as in the original election. All fines assessed and collected under prosecutions begun, or caused to be begun, by the commissioner, shall be paid by the court to the commissioner and by him paid into the state treasury and be credited to the general revenue fund of the state. The center room on the north side of the southwest corridor in the capitol building, now occupied by the dairy and food commissioner, is set apart for his use wherein shall be kept his books, records, and other property of the office. He shall keep a seal with which to attest official acts and documents, and shall be entitled to stationery and supplies from the secretary of state as are other state offi cers. The commissioner shall make an annual report to Annual report. the governor containing itemized statements of all receipts and disbursements, attorney fees in each specified suit brought in this department, and all persons emploved by him, together with such statistics and other matter as he may regard of value; said reports to be published as are the other reports of the other state officers. SECTION 2. That section 4 of "An act to create the Repeals, etc. office of food and dairy commissioner" as amended May 19, 1894, is hereby repealed, and this act shall take effect and be in force from and after its passage. Speaker pro tem. of the House of Representatives. Passed April 16, 1896. CHARLES H. BOSLER, ASAHEL W. JONES, President of the Senate. [House Bill No. 307.] AN ACT To supplement section 1464 of the Revised Statutes of Ohio, as amended May 4, 1891. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1464 of the Revised Statutes Cemeteries: of Ohio, as amended May 4, 1891, be supplemented with sectional numbering as follows: SEC. 1464a. Where the trustees of any township own land for cemetery purposes, situated in a city of the third or fourth grade of the second class, they may use such land for cemetery purposes within one hundred (100) feet or the width of a street from any dwelling-house the same as cemetery associations are now authorized to do by sec Use of land near dwelling-house fourth grade, in city third or second class. tion 3773 [3573] of the Revised Statutes of Ohio, as amended March 22, 1893. SECTION 2. This act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed April 16, 1896. Labor upon streets, etc., of municipality; who liable. Exempts. Commutation. Fines, penalties and forfeitures to which delinquent liable. Collection of fines, forfeitures and penalties. [House Dill No. 415.] AN ACT To provide for the performance of labor on streets and public roads. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the council of any municipal corporation may require each able-bodied male person between the ages of twenty-one and fifty-five years, resident of the corporation, cr territory attached as in this subdivision provided, to perform by himself or substitute, in each year, two days' labor upon the streets and alleys of such corporation, or upon the public roads or highways that lie with[in] such attached territory, which labor shall be in lieu of the two days' labor required to be performed upon roads and highways; provided, that active members of volunteer engine companies not exceeding sixty-four, of hook and ladder companies not exceeding thirty, and of hose companies not exceeding twenty, shall be exempt from the performance of such labor during such membership, and, having served faithfully as such for five consecutive years, shall be exempt for five years thereafter; and provided further, that such labor may be commuted by the payment of three dollars ($3.00) to be expended where the labor should have been applied. SECTION 2. Upon the refusal to perform such work under the proper street commissioner, or other officer appointed by the council, the delinquent shall be liable to the same fines, penalties, and forfeitures as are provided against persons refusing to perform two days' labor upon the roads and highways in other cases; and the same shall be recovered in the name of the corporation, before the mayor therof. SECTION 3. The street commissierers, or other proper officers, shall have power to collect by suit, all fines, forfeitures and penalties arising under the provisions of this subdivision, and they are hereby authorized and required, before their annual settlement with the council, to prosecute to final judgment all persons neglecting or refusing to comply with the provisions of this subdivision, from whom, in the opinion of such street commissioners or other 1 proper officers, such fine, penalty of [or] forfeiture can be SECTION 4. All male persons between the age of Labor upon highways within road district; who liable: exempts. SECTION 5. But if a person, being warned as here- Commutation. inafter provided, pay to the supervisor in whose district he resides the sum of three dollars ($3.00) within three days after be ng notified by the supervisor, the same shall be received in lieu of the two days' labor, and shall be applied by the supervisor to the improvement of the roads in his district, and accounted for as herein provided. SECTION 6. Each supervisor shall order out every such person resident in his district between the fifteenth day of April and the first day of July annually, and direct him to do and perform the work aforesaid on the public roads within the district;, the order shall be given to each person at least two days prior for the performance of the labor, either personally, or by written notice left at his usual plac of abode; and if any person so notified who is liable to perform such labor, refuses or neglects to attend, by himself or substitute, to the acceptance of the supervisor, or having attended, refused to obey the directions of the supervisor, or spend the time in idleness or inattention to the duties assigned him, he shall forfeit and pay the sum of one dollar for every such offence, and shall further be liable in all cases of non-attendance, to the amount allowed for two days' work, to be recovered by action before a justice of the peace of the proper township, at the suit of the supervisor within whose district he resides; and the money so collected shall be applied by the supervisor to the improvement of roads in his district, and accounted for by him at the annual settlement with the trustees of his township. SECTION 7. The defendant shall not be entitled to any exemption under any of the laws of this state against execution issued on any judgment and the costs incurred by said supervisor in any suit brought under this act, when Ordering out and directing of persons liable. Penalty for nonbedience, idle attendance, diso ress or inatten tion. Application and account of money collected. Non-exemption ; costs in certain case. against execu |