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rules and regu

lations.

SECTION 4. Every library and reading room established To whom libraunder this chapter shall be forever free for the use of the ries and reading rooms free; inhabitants of the city or village where located, always subject to such reasonable rules and regulations as the library board may find necessary to adopt and publish in order to render the use of said library and reading room of the greatest benefit to the greatest number; and they may exclude Violation of and cut off from the use of said library and reading room any rules. and all persons who shall wilfully violate such rules.

SECTION 5. The said board of directors shall make an Annual report annual report to such council, stating the condition of their of directors. trust-the various sums of money received from the library fund, and from all other sources, and how much has been expended; the number of books and periodicals on hand; the number added by purchase, gift or otherwise during the year; the number lost or missing, the number of books loaned out, and the general character and kind of such books, with such other statistics, information and suggestions as they may deem of general interest.

library.

SECTION 6. All persons desirous of making donations Donations for of money, personal property or real estate, for the benefit of benefit of such library, shall have the right to vest the title of the same in the board of directors created under this law, to be held and controlled by said board, when accepted according to the terms of the deed of gift, devise or bequest of such property, and as to such property the said board shall be held and considered to be special trustees.

SECTION 7. In case a free public library has already been established in any city or incorporated village, and duly incorporated and organized, the council may levy a tax for its support as provided in this act, without change in the organization of such library association, and the sum 80 raised shall be paid to the officer or officers duly authorized to receive the same, and shall be under the control of the said library association; provided, that if at any time such library association ceases to exist or from any reason fails to provide a free circulating library as required by the provisions of this act, the books and other property accumulated from the proceeds of the levy herein authorized shall become the property of the city or village and be subject to the control of the council as herein provided.

SECTION 8. This act shall take effect and be in force from and after its passage.

LEWIS C. LAYLIN,

Speaker of the House of Representatives.
ANDREW L. HARRIS,

Passed March 15, 1892.

President of the Senate.

Levy for sup port of free ries estabshed by Control of proceeds.

public libra

associations.

when property subject to con

trol of council.

Magnetic telegraph companies:

Unlawfully ob

intercepting

or delaying

message.

[House Bill No. 491.]

AN ACT

To amend supplementary section 3467a of the Revised Statutes, passed
March 2, 1892.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That supplementary section 3467a of the Revised Statutes be amended so as to read as follows:

Sec. 3467a. Whoever shall wilfully and maliciously cut, taining, using, break, tap or make any connection with, or read or copy by the use of telegraph or telephone instruments, or otherwise, in any unauthorized manner, any telegraphic message or communication from any telegraph or telephone line, wire or cable, so unlawfully cut or tapped in this state; or make unauthorized use of the same, or who shall wilfully and maliciously prevent, obstruct or delay, by any means or contrivance whatsoever, the sending, conveyance or delivery in this state of any authorized telegraphic message or communication by or through any telegraph or telephone line, cable or wire under the control of any telegraph or telephone company doing business in this state; or who shall wilfully or maliciously aid, agree with, employ, or conspire with any other person or persons to do any of the aforementioned unlawful acts, shall be deemed guilty of felony, and shall be punished by a fine of not more than one thousand dollars nor less than two hundred dollars, or by imprisonment in the penitentiary for a period of not less than one nor more than three years; or by both fine and imprisonment within the limits hereinbefore specified, at the discretion of the court. Prosecutions under this act shall be by indictment in any court having criminal jurisdiction.

Penalty.

Prosecutions.

Repeals.

SECTION 2 Supplementary section 3467a, pa sed March 2, 1892, is hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage.

LEWIS C. LAYLIN,

Speaker of the House of Representatives.
ANDREW L. HARRIS,

President of the Senate.

Passed March 15, 1892.

84G

Board of state charities:

Clerk: appointment; salary and expenses.

[House Bill No. 494.]

AN ACT

To amend sections 657 and 658 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 657 and 658 of the Revised Statutes be so amended as to read as follows:

Sec. 657. That the said board may appoint a clerk, who shall be paid for his services, in addition to his traveling expenses, an annual salary of not to exceed twelve hundred

dollars, as may be agreed upon by the board. All accounts and expenditures shall be certified as may be provided by the board, and shall be paid by the treasurer upon an order from the auditor of state.

Sec. 658. That the board of state charities shall annually prepare and print, for the use of the legislature, a full and complete report of all its doings during the year preceding, stating fully and in detail all expenses incurred, all officers and agents employed, with a report of the clerk, embracing all the respective proceedings and expenses during the year, and showing the actual condition of all the state institutions coming under its examinations, with such suggestions as it may deem necessary and pertinent.

SECTION 2. This act shall take effect and be in force from and after its passage.

LEWIS C. LAYLIN.

Speaker of the House of Representatives.
ANDREW L. HARRIS,

President of the Senate.

Annual report of the

board.

Passed March 16, 1892.

85G

[House Bill No. 25.]

AN ACT

To provide for the more efficient government of cities of the second grade of the second class and to amend supplemental sections 1707d, 1707d-1, 1707d-2, 1707d-3, 1707d-4, 1707d-5, 1707d-6, 1707d -7, 1707d-8, 1707d-9, 1707d-10, 1707d-11, 1707d-12, 1707d15, 1707d-16, 1707d-17, 1707d-18, 1707d-19, 1707d-20, 1707d -21, 1707d-22, 1707d-23, 1707d-24, 1707d-25, 1707d-26, 1707d -27, 1707d-28, 1707d-29, 1707d-30, 1707d-31, 1707d-32, 1707d -33, 1707d-34, and to further supplement section 1707 as amended and supplemented March 18, 1890, and to amend section 1 of an act entitled" An act to establish an efficient and non-partisan police in cities of the second grade of the second class," passed March 8, 1887; and to further supplement section 2690 and to amend section 2097 of the Revised Statutes.

SECTION 1. Be it enacted by the General Assembly of the State Officers of of Ohio, That sections 1707d, 1707d-1, 1707d-2, 1707d-3, cities, etc.: 1707d-4, 1707d-5, 1707d-6, 1707d-7, 1707d-8, 1707d-9, 1707d10, 1707d11, 1707d-12, 1707d-15, 1707d-16, 1707d17, 1707-18, 1707d-19, 1707-20, 1707d-21, 1707d-22, 1707d-23, 1707d24, 1707d-25, 1707d-26, 1707d-27, 1707d-28, 1707d-29, 1707d-30, 1707d-31, 1707d-32, 1707d-33, 1707d-34 of the Revised Statutes be and they are hereby so amended as to read as follows:

of Dayton.

Sec. 1707d. The officers of a city of the second grade Officers of city of the second class shall consist of a mayor, a treasurer, except as provided in section 1708, both of which officers shall be chosen by its electors, and a clerk who shall be chosen by the council; four members of the board of city affairs, who shall be appointed as hereinafter provided; a city solicitor, a

Board of city affairs: appointment; term; how constituted; vacancies.

Bond and oath of members.

Time to be devoted to

duties; salary; office.

Exclusive powers and duties.

Employes; compensation; removals.

city comptroller, a city civil engineer, a superintendent of markets and a sealer of weights and measures, which officers shall be appointed by the board of city affairs.

Sec. 1707d-1. The board of city affairs in cities of the second grade of the second class shall, in the first instance, be appointed by the board of tax commissioners of such city, one member for one year, one member for two years, one member for three years and one member for four years, from the date of such appointments respectively, and no more than two members of such board of city affairs shall at any time be members of the same political party, and within thirty days before the expiration of the term of office of any member of such board, the mayor of such city shall appoint his successor, with the approval of the council of such city, who shall serve for a term of four years, and in case of a vacancy occurring in such board from any cause, the mayor in like manner shall appoint a member to fill such vacancy for the unexpired term.

Sec. 1707d-2. Each member of such board of city affairs shall give bond, with at least four sureties, who shall be residents and freeholders of such city, to the satisfaction of the mayor, in the sum of twenty thousand dollars, conditioned for the faithful performance of his duties, and shall take and subscribe an oath of office which shall be indorsed on his bond, to support the constitution of the United States and of the state of Ohio, and in all his official actions and judgments to aim only to secure and maintain an honest and efficient administration of public affairs.

Sec. 1707d-3. The members of the board of city affairs shall devote their entire time and attention to the duties of the office, and shall each receive a salary of three thousand dollars per annum, payable in monthly installments, and no expenses or other compensation shall be allowed; and the board of city affairs may occupy such portion of the city building of any such city as they may deem necessary for their use.

Sec. 1707d-4. The board of city affairs of a city of the second grade of the second class is hereby authorized and shall have the exclusive care, management and control of all the property of such city of every kind and description, and shall have exclusive power to improve, construct, keep in order, and repair, clean and light streets, lanes, alleys, avenues, sidewalks, gutters, parks, public grounds and buildings, wharves, landing places, bridges, markethouses and market-places and spaces, within the corporation and under the control of such city, levees, sewers, drains, culverts, streams and watercourses, and to provide for the removal of ashes and garbage. Such board of city affairs shall be the successor of the board of city commissioners in any such city and is hereby invested with all the powers and authority heretofore conferred on such board or [of] city commis-ioners.

Sec. 1707d-5. The board of city affairs may employ such superintendents, engineers, clerks, laborers and other

persons as it may deem proper for the execution of its duties and powers, and fix their salaries and compensation; and any such person may be removed by the board at any time. Sec. 1707d-6. Said board shall hold not less than four regular meetings each week, and three members shall constitute a quorum for the transaction of business; the ayes and nays shall be called and entered on the journal upon the passage of every resolution or order of any kind; and no resolution or order shall be valid unless three votes are recorded in its favor.

Sec. 1707d-7. Said board shall keep a complete record of all its proceedings, and a copy from its record, certified by the comptroller, shall be competent evidence in all courts. Seo. 1707d-8. The member of such board having the shortest term to serve shall be the president thereof, and the city comptroller shall serve as clerk of said board as a part of his duty.

Sec. 1707d-9. When the board deems it advisable to make a contract for the execution of any work or the purchase of material for the matters under its charge, they shall cause to be made a careful estimate of the cost of such work or material, and when such estimate exceeds the sum of five hundred dollars the board shall proceed as follows:

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1st. It shall advertise for bids for the period of two Bids: adverweeks, or if the estimated cost exceeds five thousand dol- tisement for, lars, four weeks, in two newspapers of opposite politics, published in the corporation, and in one newspaper published

in the German language, if there be such paper printed and

of general circulation in such corporation.

2d. The bids shall be filed with the city comptroller Filing. sealed up, at twelve o'clock at noon, on the last day as stated in the advertisement.

reporting.

3d. The bids shall be opened at twelve o'clock at noon, Opening, read. on the last day for filing the same, by the city comptroller, ing, filing and a member of the board of city affairs and the city civil engineer, or any two of them, and publicly read by the officer opening the same, and filed in the office of the city comptroller, and shall be by the city comptroller reported at the next regular meeting of the board thereafter.

4th.

company.

Each bid shall contain the full name of every Contents; person interested in the same, and shall be accompanied security to aoby a sufficient guaranty of some disinterested person that if the bid is accepted a contract will be entered into and the performance thereof properly secured.

5th. If the work bid for embraces both labor and material they shall be separately stated, with the prices

thereof.

6th. None but the lowest responsible bid shall be accepted, when such bids are for labor and material; provided, that when the character of the material of the improvement has not been determined upon before the bids are received, the lowest responsible bid for the improvement with the material determined upon after bids have been received, shall

Separate estiand materials.

mates for labor

Acceptance.

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