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Salary.

Bond and

collectors.

He shall, under such rules and regulations as the board of Shall have public works may prescribe, have supervision and oversight supervision of superinof the several superintendents, and other officers, and report tendents, delinquencies whenever they occur. And the board may etc. appoint an assistant engineer, who shall be a practical civil Board may engineer, and shall hold his office for two years unless sooner removed, and shall be subject to such rules and regulations, assistant appoint not contrary to law, as may be from time to time prescribed engineer. by the board. He shall receive a salary not exceeding sixteen hundred dollars per annum, payable monthly after the services are rendered upon the order of the board, on the warrant of the auditor of state. He shall give bond, with good and sufficient securities, to be approved by the board, cath. in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall take an oath similar to the one taken by the chief engineer. The chief engineer shall have general supervision, under the direction. of the board, of all the public works belonging to this state, and shall perform such other duties as the board shall from time to time direct. Said board shall have power to regulate Board to the rate of tolls to be collected on the public works of this regulate state, and to appoint collectors of the same, together with tolls, water the water rents and fines, at such points as shall have been rents, fines, or may be established for the collection of tolls, as herein- and appoint after provided; and said collectors shall be governed by such rules and regulations as the said board may prescribe, not inconsistent with law. Said board of public works shall Secretary of have power to appoint one secretary, whose salary shall not board. exceed fifteen hundred dollars per annum, who shall be paid monthly after the services are rendered, upon the order of the board on the warrant of the auditor of state. They shall also have power to appoint one clerk, if necessary, at a Clerk. cost not exceeding seven hundred dollars per annum, to be paid in the same manner as the secretary. They shall also have power to appoint superintendents of repairs not exceeding eleven in number, whose aggregate salaries shall not exceed twelve thousand five hundred dollars per annum, assign them to such districts or divisions of said public works as, in the judgment of the board, may be proper to assure the efficient management, repair, and preservation of said public works; and also to appoint the necessary number of lock tenders, and other employes, and assign them to post of Lock tendduty, under such rules and regulations as may be prescribed ers, etc. for their government. Each collector of tolls and superin. tendent shall, before he enters upon the discharge of his duties as such, give bond to the state of Ohio in such sum as the board of public works may require, conditioned for the faithful discharge of the duties of his office and the proper accounting for all moneys coming into his hands as such an officer, which bond, with sufficient security, approved by the board, shall at once be deposited with the auditor of state, together with the oath or affirmation of such officer that he will faithfully and diligently discharge all the duties appertaining to his office, and promote to the extent of his

Superin

tendents of

and repairs.

Engineers,

collectors, etc., to give bond and take oath.

ability the interest of the state, so far as may be legally in his power; said oath shall be taken before an officer having the power to administer oaths, and shall be certified and attested by such officer in duplicate certificates, one of which shall be filed in the office of the board of public works, and the other in the office of the auditor of state. The secretary, clerk, collectors of tolls, superintendents of repairs, lock tenders, and other necessary employes, shall be appointed during the pleasure of the board of public works, and may be removed from office or employment at any time when, in the judgment of the board, the public interest will be proBoard to fix moted thereby; the board shall fix the rate of salaries to be paid monthly out of the canal fund, upon the order of the board of public works on the warrant of the auditor of state, to the collectors, superintendents, lock tenders, and other necessary employes, grading the same according to the services and labor to be performed in each case. All vacancies that may occur by reason of death, resignation, or otherwise, shall be filled by the board of public works, in the same manner as appointments are made.

salaries of certain officers.

Vacancies; how filled.

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Section 7658. To provide for the prompt payment of all employes and laborers, and for the purchase of all materials and for incidental expenses in the current repairs of the public works of the state, the superintendent of each division shall, at the close of every month, file with the engineer duplicate time rolls of all employes and laborers employed during the month, together with itemized bills of all materials purchased for the use of the state, and bills for the subsistence of horses, and for the board of hands, where the state is liable for such board, and other contingencies; and upon examination thereof, said engineer shall, if he approve the same, issue his certificate in favor of such superintendent of repairs, and immediately notify the secretary of said fact, upon which the acting commissioner in charge, if satisfied that the certificate is correct, shall issue his check on the auditor of state, whose duty it shall be to issue his warrant on the treasurer of state for the amount specified in the check, and charge the same to the canal fund, to which fund all receipts from tolls, fines, and water rents shall be credited; and the superintendent, upon receiving the money, shall immediately proceed to pay all the indebtedness which he may have incurred on behalf of the state for labor, material, repairs, etc., on the division in his charge; and without delay after such payment, said superintendent shall file the original copy of the accounts theretofore filed, with the engineer, properly attested by the receipts of all parties named therein, as his voucher for money paid out, with the secretary of the board, whose duty it shall be to examine the same, and if found by him to be correct, he shall credit the amount of the same to the account of said superintendent.

SEC. 2. That said section 7657, as amended April 6, 1881, and said original section 7658 be and the same are hereby repealed.

SEC. 3. This act shall take effect and be in force fro and after March, 25, 1884, except that the present chi f engineer shall hold his office until the close of the time fr which he was appointed.

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To amend an act entitled an act "To provide a license on trades, business and professions carried on in cities of the first grade of the first class, and providing for the enforcement and collection of fines and penalties for carrying on business without license and for other purposes." Passed April 16, 1883. (O. L. v. 80, p. 129).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the word "mediums" be stricken from the title of section thirty-six of said act, and that said section thirty-six be so amended as to read as follows:

Section 36. Astrologers, fortune-tellers, clairvoyants, pal- Astrologers, misters, and seers, shall pay a license of three hundred ($300) fortune-telldollars per annum.

SEC. 2. That said section 36 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.

ers, etc.; license of.

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JOHN G. WARWICK,

President of the Senate.

Passed March 24, 1884.

[House Bill No. 314.]

AN ACT

To amend sections 3886 and 3898 of the revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections thirty-eight hundred and eighty-six and thirty-eight hundred and ninety-eight of the revised statutes of Ohio be so amended as to read as follows:

Section 3886. Each city having a population of ten thou- City school sand or more, by the census of 1880, including the territory district of attached to it for school purposes, and excluding the territory first class.

Board of

education in

district of first class,

how elected.

Proviso.

within its corporate limits detached for school purposes, shall constitute a school district, to be styled a city district of the first class; and each city that has heretofore been constituted a city district of the first class shall remain such.

Section 3898. At every annual election for city officers in a city which constitutes a district of the first class, and wherein the board consists of two members for each ward, there shall be elected in each ward, by the qualified electors thereof, one judicious and competent person to serve as a member of the board of education of the district, for two years from the third Monday of April succeeding his election, and until the election and qualification of his successor. Provided, that at the annual election for city officers held first after a city has been constituted a city district of the first class, with a board to consist of two members from each ward, there shall be elected in each ward of such city by the qualified electors of such ward and of said district entitled to vote in such ward, two persons of the required qualifications to serve as members of the board of education of such district, one for one year and the other for two years, from the third Monday of April succeeding their election, and until the election and qualification of their successors. And provided, that any elector residing in such district, but not in any ward of such city, shall, if the territory containing his residence has not been attached to any ward for school purposes, as provided in section thirty-nine hundred, be entitled to vote for members of the school board in the ward nearest his residence; and in such case a separate ballot-box and poll-book shall be provided and used as required by section thirty-nine hundred and two, in each ward where any such elector may be entitled to vote.

SEC. 2. That said original sections 3886 and 3898 be and the same are 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,

Passed March 24, 1884.

President of the Senate.

[Substitute for House Bill No. 1.]

AN ACT

Relating to the imprisonment of convicts in the Ohio penitentiary, and the employment, government and release of such convicts by the board of managers.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the government and control of the Ohio penitentiary and of the prisoners sentenced thereto, shall be

vested in a board of managers, to consist of five members, at Board of least two of whom shall be practical and skilled mechanics, managers, Ohio peniand not more than three members of said board shall belong sentiary, apto the same political party; to be appointed by the governor pointment, by and with the advice and consent of the senate, one to and term of. serve one year, one two years, one three years, one four years, and one five years, as may be designated by the governor at the time of their appointment, and at the expiration of the term of office of each member of the board, his successor shall be appointed in the manner and by the authority as hereinbefore provided, but for the term of five years. Whenever a Vacancy in vacancy occurs in the board of managers otherwise than by board, how the expiration of the term of a manager, such vacancy shall filled. be filled by appointment by the governor, by and with the advice and consent of the senate, if the senate be in session, and if the senate be not in session, then the appointment by the governor shall be subject to the confirmation of the senate when it next convenes, for such term to be designated by the governor at the time of appointment, as shall preserve and insure the rotation in office of the managers the same as if one manager should be appointed every year, at the expiration of a manager's term, for the term of five years; provided, that the governor may, at his discretion, remove any member of the board of managers.

duties of

board.

SEC. 2. Immediately upon their appointment and con- Organizafirmation, as herein provided, the board of managers shall tion and convene in the city of Columbus. The president of the board shall be the member having the shortest term to serve; three members of the board of managers shall constitute a quorum for the transaction of ordinary business, but for the appointment and removal of the warden and any business relating thereto, a quorum shall consist of the five members of the board. The managers shall give so much of their time and attention to the affairs of the penitentiary as shall insure wise, efficient, and faithful management thereof, and the managers shall receive no compensation, but shall be entitled to and shall receive, to be paid by the treasurer of state upon warrants issued by the auditor of the state for all necessary expenses incurred in the performance of their duty. The managers shall examine the books and accounts of the penitentiary as kept by the officers thereof, once in each month, and shall audit all claims against the penitentiary, and shall file with the auditor of state a monthly statement of all the financial transactions of the penitentiary, showing in detail all moneys received and paid out, from whom received and to whom paid, which statements shall be open to public inspection, and a summary thereof shall be published in the annual reports. And, generally, the board of managers shall have charge of all the concerns of the penitentiary, and shall make an annual report to the governor on or before the fifteenth day of November each year, and in their annual report, the board shall give a classification of all the prisoners, showing their ages, term of sentence, offense committed, cause of crime, number of times

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