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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 tixed shall be paid to the su perintendent of such work house.

The per diem amount to be paid shall be fixed yearly, but the per diem previously fixed shall continue until the new

Per diem

to be paid; determination, settlements and payments shall be made how fixed. quarterly; and provided further, that section two thousand and ninety-nine (2099) in so far as it authorizes and requires trustees of tuwnships 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 That said section 2104 of the revised statutes is hereby repealed; and this act shall take effect upon its passage.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,

President of the Senate. Passed March 11, 1884.

[House Bill No. 91.]

AN ACT

1

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:

Section 4521. The trustees shall at the same time examine into and determine all applications made to them for Township

ditches; compensation, and shall specify the several amounts, by

how comwhom 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.

JOHN G. WARWICK,

President of the Senate. Passed March 11, 1884.

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.

JOHN G. WARWICK,

President of the Senate. Passed March 11, 1884.

[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:

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 public halls levying a tax upon all the property subject to taxation in mitted to such municipal corporation, for the purpose of erecting a electors. 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.

SE». 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.

L. A. BRUNNER,
Speaker pro tem. of the House of Representatives.

JOHN G. WARWICK,

President of the Senate. Passed March 11, 1884.

[House Bill No. 272.]

AN ACT

To amend section 2366 of the revised statutes of Ohio.

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

Board of im. of the council of a city or village, to provide a system of to devise a

provements sewerage and drainage, for such municipal corporation, or plan of sewany part thereof, it shall be the duty of the board of im- erage. provements 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

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.

JOHN G. WARWICK,

President of the Senate. Passed March 11, 1884.

[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. Council of

SECTION 1. Be it enacted by the General Assembly of the State certain cities of Ohio, That the city council of any city of the second grade may issue

of the first class is hereby authorized to issue the bonds of bonds to im- such city in any sum not exceeding in the aggregate sixty prove parks. 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. How

Sec. 2. That all moneys accruing from the sales of such moneys accruing

bonds, shall be paid into the treasury of such city, and be shall be ex

expended only under the direction of the board of park pended. commissioners of such city, for the permanent improvement

of its public parks.

Sec. 3. That the city council of any city, issuing bonds May levy under the provisions of this act, is hereby authorized in additional addition to the tax levy already provided for by law, to levy tax to pay

such additional tax as may be necessary to pay the interest bonds.

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,

President of the Senate. Passed March 11, 1884.

[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 Keeper of of Ohio, That the keeper of any stallion shall have a lien stallion to upon the get of any such stallion for the period of one year have lien after birth of same for the payment of the service of any upon get. 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 hy any stallion, file with the recorder of the county where the service has been

Lien; how rendered, an affidavit of the amount due such keeper or

perfected. 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.

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 (O. 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 When chal

lenge to the whole array set aside by the court, when the jury, grand

array of jury or petit, was not selected, drawn or summoned, or when the

may

be officer who executed the venire did not proceed as prescribed made. by law. But no challenge to th» 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 When juror be set aside by reason of a misnomer in his or their names; may be set but such challenge shall only be made before the jury is im- aside. paneled 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.

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