ury upon the allowance of the county commissioners, and the commissioners and directors of the workhouse shall agree upon the per diem sum to be paid by the county for such maintenance; and if they are unable to agree, then such amount shall be fixed by the court of common pleas of such county on application of either the commissioners or work house directors, and the amount fixed shall be paid to the superintendent of such work house. Per diem how fixed. The per diem amount to be paid shall be fixed yearly, but the per diem previously fixed shall continue until the new to be paid; determination, settlements and payments shall be made quarterly; and provided further, that section two thousand and ninety-nine (2099) in so far as it authorizes and requires trustees of townships to transmit with the commitment or mittimus a sum of money equal to forty cents per day for the time of commitment, shall have no application in any county containing a city of the second grade of the first class. SEC. 2. That said section 2104 of the revised statutes is hereby repealed; and this act shall take effect upon its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. JOHN G. WARWICK, Passed March 11, 1884. President of the Senate. [House Bill No. 91.] AN ACT To amend section 4521 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4521 of the revised statutes of Ohio be so amended as to read as follows: ditches; how com Section 4521. The trustees shall at the same time examine into and determine all applications made to them for Township compensation, and shall specify the several amounts, by whom and to whom to be paid, and the time of payment, pensation and no order for the opening or sale of any ditch or any part and damages thereof located and established under this chapter shall be awarded. made until the full amount of compensation for land appropriated shall have been paid; and the trustees shall pay such compensation out of the general township fund and apportion the aggregate amount thereof equitably upon the lands benefited by said ditch, and the same shall be a lien on said lands, the same as other taxes, and said apportionment shall be certified by the clerk to the county auditor within forty days from such payment, and placed upon the duplicate against the lands so assessed, and collected in the same manner as taxes are collected, and when collected shall be paid over to the township entitled thereto, to reimburse said general township fund, provided that any landowner may pay the amount assessed against his lands to the township treasurer at any time before the same is certified to the county auditor. SEC. 2. That section 4521 be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed March 11, 1884. JOHN G. WARWICK, President of the Senate. Villages au thorized to prohibit sale of obscene books, etc. [House Bill No. 135.] AN ACT To authorize incorporated villages to regulate, restrain, and prohibit the sale of obscene and immoral literature. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following section shall constitute a section supplementary to section 1692 of the revised statutes of Ohio, as amended April 20, 1881, with sectional numbering as follows: Section 1692e. To regulate, restrain, and prohibit the sale and exposure for sale of books, papers, and periodicals of an obscene or immoral nature that tend to corrupt the minds of the young. SEC. 2. This act shall take effect and be in force from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed March 11, 1884. President of the Senate. [House Bill No. 143.] AN ACT To amend section 2563 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty-five hundred and sixty-three of the revised statutes of Ohio be and the same is hereby amended to read as follows: public halls may be submitted to electors. Section 2563. The electors of a village, or of a city of the Building or third and fourth grades of the second class, may at an improving annual municipal election, decide by ballot for or against levying a tax upon all the property subject to taxation in such municipal corporation, for the purpose of erecting a public hall, or for the purpose of improving, enlarging, or making additions to a hall already erected, ten days' notice of such election being given by the order of the mayor, at the request of twenty-five freeholders of the corporation, by notice in a newspaper published in, or of general circulation in such municipal corporation; but, this section shall not be construed as a limitation of the power conferred in the preceding section of this chapter; and if two-thirds of Notice of the ballots cast at such election be in favor of such improve- such elecment, the provisions of [sections] twenty-five hundred and tion, how sixty-one, and twenty-five hundred and sixty-two, shall be given. applicable thereto. SEC. 2. That original section 2563 be and the same is hereby repealed. SEC. 3. This act shall take effect and be in full force from and after its passage. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty-three hundred and sixty-six of the revised statutes of Ohio be amended to read as follows: Section 2366. When it becomes necessary, in the opinion of the council of a city or village, to provide a system of sewerage and drainage, for such municipal corporation, or any part thereof, it shall be the duty of the board of improvements to devise and form, or cause to be devised and formed, a plan of sewerage and drainage for the whole city or village, or such part thereof as may be designated by the council; but in all cities and villages the council may by ordinance, declare that the construction, maintenance, and cleaning of the sewers shall be under the care of a board, to be called the commissioners of sewers. SEC. 2. That said section 2366 of the revised statutes be Board of improvements to devise a plan of sewerage. and the same is hereby repealed; and this act shall take effect and be in force from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed March 11, 1884. President of the Senate. [House Bill No. 358.] AN ACT To authorize the city council of any city of the second grade of the first class to issue bonds for the improvement of its public parks. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the city council of any city of the second grade of the first class is hereby authorized to issue the bonds of such city in any sum not exceeding in the aggregate sixty thousand dollars, payable at such period or periods of time, not exceeding six years from their date, as such council may provide. Said bonds shall bear interest not exceeding six per cent. per annum, payable semi-annually, and to be sold for not less than their par value. SEC. 2. That all moneys accruing from the sales of such bonds, shall be paid into the treasury of such city, and be expended only under the direction of the board of park commissioners of such city, for the permanent improvement of its public parks. SEC. 3. That the city council of any city, issuing bonds under the provisions of this act, is hereby authorized in addition to the tax levy already provided for by law, to levy such additional tax as may be necessary to pay the interest and principal of such bonds at maturity, and all such tax so levied and collected, shall be applied to such purpose and to no other. SEC. 4. That this act shall take effect and be in force from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. JOHN G. WARWICK, Passed March 11, 1884. President of the Senate. [House Bill No. 115.] AN ACT For the protection and benefit of keepers of stallions in the state of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the keeper of any stallion shall have a lien upon the get of any such stallion for the period of one year after birth of same for the payment of the service of any such stallion. SEC. 2. Such keeper or owner of any stallion, in order to obtain and perfect such lien, shall, within ninety days from the time of the rendition of such service by any stallion, file with the recorder of the county where the service has been rendered, an affidavit of the amount due such keeper or owner for the said service, and for filing or making any copy of such affidavit, or the certificate of the date of such filing, the recorder shall be entitled to the same fees as are provided by law for like services in regard to chattel mortgages. SEC. 3. This act shall take effect and be in force from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Keeper of stallion to have lien upon get. Lien; how perfected. JOHN G. WARWICK, President of the Senate. Passed March 13, 1884. [Senate Bill No. 79.] AN ACT To amend section 5175 of the revised statutes of Ohio, and to repeal section 5189g of an act passed March 29, 1881 (0. L. v. 78, p. 97). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section fifty-one hundred and seventy-five of the revised statutes of Ohio be amended as to read as follows: Section 5175. A challenge to the array may be made and the whole array set aside by the court, when the jury, grand or petit, was not selected, drawn or summoned, or when the officer who executed the venire did not proceed as prescribed by law. But no challenge to the array shall be made or the whole array set aside by the court, by reason of the misnomer of a juror or jurors; but on challenge, a juror or jurors may be set aside by reason of a misnomer in his or their names; but such challenge shall only be made before the jury is impaneled and sworn, and no indictment shall be quashed or verdict set aside for any such irregularity or misnomer if the jurors who formed the same possessed the requisite qualifications to act as jurors. When challenge to array of jury may be made. When juror may be set aside. |