OCR Interpretation

The Gazette and Democrat. (Lancaster, Ohio) 1860-1860, April 26, 1860, Extra, Image 6

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notify the trustee! of both township of hit
or their intention, nd on waiving tuoh no
tice, the trustee of the two township in
, which the proposed road lie or runs, shall
ppoint tome time nd pine at which the
will meet in joint board; and the tint fixed
for said meeting until be so arranged that the
applicant or applicant will hare ample time
to give the requisite thirty day' notice, a
required in the act to which this U en
amendment: which notioe shall be given in
both townships, and shall (tate the time and
place of meeting ef the joint board of trus
tee, provided in this act. .
Seo. 2. That the joint board f trustee,
when so met, shall be governed by the pro
vision of the set to which thi i an amend
ment; and if they shall grant a new end
survey, they shall appoint a time and piece
when and where tbey shall meet to receive
the report of the viewers and turveyora, ana
the proceeding at uch netting thaU he re.
eorded in both townthipt; and 'n. can ol
an appeal, tie appellant hall be go
trued in all respect by the provisions of the
act to which this i an amendment, except
that he shall be required to enter into bond
in both townships in which a part of the
road is loeated.
Sco. i. Thi act to take effect from and
Her it passage.
Speaker of the House of Representative!.
President of the Senate.
Passed March 24, 1860.
' anTct v ' -
Supplementary to an net entitled "an act
providing for the punishment of crime,"
. passed March 7,1835.
8bc. 1. B it tnacttd by th Qtntral Af
tembiy of tht Stat of OA to, That every per
son who shall wilfully and maliciously burn
or cause to be burned, any dwelling house,
kitchen, smoke-house, shop, office, barn,ta
bis, store house, ware house, (till house mill,
potteryor any other building of the value of
fifty dollars, or any ship, lo, or other water
eraft, of the value of fifty dollars, or any
goods, wr res, merchandise,or other chatties
of the value of fifty dollars, which shall be
at the same time the property of such per
son and insured against lots or damage by
fire, with intent to prejudice such insurer,
every person so offending shall be deemed
guilty of arson, and upon conviction there
of, shall be imprisoned in the penitentiary,
and kept at hard labor not more than twen
ty rears, ner less than one year.
Sec. 2. That if any person shall wilfully
and maliciously set fire to any of the build
ings, water eraft or other property described
in the foregoing sections of this act, and
which shall be at the same time the proper
ty of such person and insured against loss or
damage by flro, with intent to burn or de
stroy the same, and with intent to prejudice
such insurer, every person so offending shall
be deemed guilty of a misdemeanor, and up
on conviction thereof shall be imprisoned in
the penitentiary and kept at hard labor not
more than seven years, nor less than one
Seo. 3. This act shall take effect from
and after its passage.
Speaker of the House of Representatives.
President of th Senate.
Passed March 20, 1860.
To amend section ninety of the Act entitled
"an Act for the assessment and taxation
. of all Property in this State, and for levy
ing taxes thereon according to its true
value in money," passed April 5, 1859.
Sio. 1. Be it enacted dt the Genual
Assembly or the State or Ohio, Tht sec
tion ninety of the above reeited act be
amended so as to road as follows: Suction
90. If such taxpayer have not sufficient
property which the treasurer can find to
distrain to pay snch tax, but have moneys or
credits due or coming due him by any per
son within this State known to the treas
urer, or if such tax payer shall have moved
from the state or county, and shall have
property, moneys or credits due or coining
due him in this state known to the treasur
er, in each and every such case it shall be the
puty of the treasurer to collect such tax and
penalty by distress, attachment or other pro
cess of law; and th treasurer may make hit
affidavit before any justice of the peace, that
the residence of such tax payer i to him
unknown, or that he is not a resident of the
county where such property is found or
where such debtor resides, or that such tax
payer has not property in the county suffi
cient to diUrain to pay such taxes, and
thereupon an attachment, with garnishee
process, shall be by suoh justice of the peace
issued, and such proceedings had, and such
Judgment rendered for taxes, penalty and
losts are as lawful in other cases of attach
ment; provided, that if such treasurer shall
serve upon sny person indebted to such tax
payer a written notice, stating the amount
of delinquent tax and penalty due, then such
debtor may after the service of such notice,
pay such tax and penalty to the treasurer,
whose receipt for th same shall be a full
discharge of so much of said indebtedness as
is equal to such tax and penalty so paid.
Sec. 2. That original section ninoty be
and the same is hereby repealed.
Seo. 8. This act to take effect from and
after iti passage.
Speaker of the House of Representatives.
President of th Senate.
Tatted March 22, 1860.
To provide for the collection of claims
against Rail Road Companies.
Bro. 1. Beit tnacttd by tht Gtntral Au
ttmblyofth State of Ohio, That when any
peison shall hare obtained judgment against
any rail road company in any of the court of
this state, upon any claim due to common
laborers for work and labor performed for
such company, or for eroas-ties, lumber or
cord wood, furnished to such company, to be
used in the construction, repairing or opera
tion of such roads, or upon any not or oth
er evidence of indebtedness, th considera
tion of which consisted of such labor, or ma
terials, furnished to said company, the plain
tiff in tuch case, hit agent, or attorney, may
fil with th precipe for execution, in tuch
judgment, his affidavit sotting forth the na
ture of the claim upon which Mid judgment
'bunded, showing that the same is within
(he description of claims herein enumerated,
that he does not know of any property of
the defendant liable to lery and sale on such
execution sufficient to satisfy the same, and
that any person or corporation (to be named
Within the jurisdiction of the officer to whom,
according to th precipe, such execution is
to issue,) is indebted to th defendant has
property or claims of the dofendant in his
possession, or under his control, or at an
agent of the dofendant, whereupon the clerk
shall issue with the execution a notice to
each perton or corporation named, that he
Is required to pay orer to the officer holding
such writ, the money, and deliver to such
officer th property and claims of th defend
ant in his possession or under hit control, at
any time before the satisfaction of such judg
ment, not exceeding an amount sufficient to
satisfy such judgment and costs, together
with costs that mav acerue.
Sao. 2. Th officer ahall terra upon each
garnishee named in the notice, a eopy of the .
execution and notice, and the person to
served shall be bound to th plaintiff in exe
cution from the date of (ach aerviee, for all
money, property and claims of the defendant,
in his possession or under his control, or
which may come into hit possession or m
derhit control, at any time before the satis
faction of the judgment.
Sto. 3. At any time after service on the
garnishee, as bov provided, he may be re
quired to appear before any officer within his
township, competent to administer oaths, or
before th clerk of the court of common pleas
. l . n a w r am., munition a
OI BIB oouinj! - i - --
mar be asked bim, touching the property of
every description, moneys and credit oi in
defendant in kit possession, or under hi
control, by a written noti signed by th
plaintifr.bisigent or attorney, specifying ;th
nUra of such examination, which
notice shall be served t leastone day before
th day fixed therein for the examination;
,uch examination shsltbe red used to writing,
tinned bv th garnishee, certified by the
-iK kfr whom laid examination it ta-
ken, and filed with th papers in the ease.
The garnishee shsll be entitled to the tame
fees for attendance s are, ny law, wuwu
Sec. 4. If th garnishee hU refuse to
..' .,irJl hv the notic. upon proof
being made of the due aerviee thereof an at
tachment may be issued agaiast him, or, if
having appeared, he .hall rem, to answer
such questions as may be asked him. as
aforesaid, it hallb the duty of the officer
before whom tuch examination is being bad,
to commit uch garnishee to the jail of the
aoiintr? until he shall answer such quostiona,
or be discharged, according to law.
Sen. 5. The garnishee shall pay over to
tho officer all moneys in his hands or under
his control, or which may rnme into his
hands or control, belonging to the defendant,
not exceeding the amount of the judgment
and costs, and shall deliver all property and
claims of the defendant in his hands, or
hich may come into his hands, to the
officer, taking his receipt for such property,
money or claims, which receipt shall be a
sufficient discharge of any liability therefor,
and upon refusal by such garnishee to pay
over or deliver, a aforesaid, the plaintiff may
commence an action therefor, in his own
name, against the garnishee, and recover the
same with costs.
Sbo. 6. The officer shall sell, at upon ex
ecution, any property of the defendant ao
delivered to him, which would be liable to
seiiure and sale upon execution, and all the
other property he shall hold to abide the or
der of the court. ..
Sec. 7. Any assignments transfer ef
money, or claims, in the bands or undor the
control of any agent of such railroad com
pany, -made after the passage of thi act,
shall be void, as against judgment claimants,
under the provisions of this act, as to the
current receipts of such railroad company,
in the hands or under (be control oi such
agent, at the date of the service of the notice
of garnishment, as herein provided, or which
may afterwards, and before the satisfaction
of such judgment, come into his hands.
Sec. 8. This act shall be in force from
and after its passage, and shall apply as well
to claims and judgments of the nature speci
fied in the first section of this act now owing,
as those that may hereafter accrue, or be re
covered igainst railroad companies. Provr
ded, that th provisions of thi act shall not
extend to claim for lumber or erosi ties
that may have been heretolore furnished to
be used in the construction oi sny rauroou
Speaker of the House of Representative'.
President of the Senate.
Passed March 26, 1860.
To Drovide for the completion of the state
house, and for the care of the building
and grounds, and to repeal certain acts
therein named.
Section 1. Be it nactd by thi Qtntral
Alterably of tit 8tat of Ohio, That there
shall be aDDointed bv the Governor with the
consent of the Senate, a "Superintendent of
the Stale House," and also a "Janitor or the
State House," who shall hold thoir offices for
the term of two years, and until their suc
cessors shall be appointed and qualified. In
case of vacancy in either of said offices du
ring the recess of the General Assembly, the
same shall be filled by appointment by the
Governor, who ahall, within ten days after
the General Assembly shall next meet, ap
point in the minner originally provided a
successor for such unexpired term. The sal-
arr of such Superintendent shall be twslve
hundred dollars, and that of said Janitor
shall be eight hundred dollars, yearly, in
Quarterly payments, to be drawn from the
Treasury on the warrant of the Auditor of
Seo. 2 The Superintendent shall have the
supervision and control of the Stale House,
the grounds, and appurtenances theroto at'
teched, and of all work performed upon, and
materials furnished for tho same; and he
shall alto have charge of the tract of land in
Franklin county purchased by the Slate for
a quarry. Kvory contract tor such worK
and materials shall be in writing, signed on
behalf of the State by tho Superintendent,
and a copy thereof shall he deposited in the
olliceof the Secretary or State; ana no con
tract shall exceed the amount appropriated
by law applicable to such purpose. The
Superintendent shall have powor to appoint
a clerk, removable at his pleasure, whose du
ty it shall be to keep a true record and ac
count ofall the proceedings and expenditures
or the superintendent; and ne may aisoom
ploy, when necessary the services of an arch
itect; said clerk and architect to be paid
a naionable compensation out of the
State House fund. The Superintend
ent shall, annually, before the f'.f.eotith
day of December, make report of his pro
ceedings to the Governor, who shall lay tho
same before the Uenornl Assembly.
Stc. 3. The Janitor shsll have tho charge,
subject to the direction of tho.Suporintend
ent, of tho State House building, and the
grounds and appurtunanccs theroto attached;
and he shall keep the same constantly watch
ed, protected, and in order; and he may em
ploy such assistants as the Superintendent
may approve and deem necessary, whom com
pensation shall be fixed by the Superintend
ent and paid out of the Slate Homo fund.
It shall also bo the duty of the Janitor to
prepare the legislative halls for the reception
of the General Assembly at the commence
ment of each regular and extra sossion.
Sec. 4. If any person shall wilfully or
maliciously injure or deface in any maimer
any portion of the Stat House building, its
fixtures, furniture or appurtenances, or shall
commit any nuisance therein, or shall pur
posely commit any injurious trespass upon
the grounds attached thereto, or shall wil
fully injure any tree, shrub or plant growing
upon said grounds, or any fixtures platted
thereon, or any enclosure or side walkabout
the same, shall, upon conviction thereor, ne
fin d in any sum not less than five dollais,
nor more than five hundred dollars, or be im
prisoned in the jail of Franklin county not
leas than one day, nor more than six months,
or both, at the discretion of the court; and
shall moreover be liable to the State or Uino
in double the amount of the injury done.
The Janitor shall have the power and au
thority of a Constable as to the arrest of all
persons guilty of the offonce above described ;
and all prosecutions for s iid offencos shall be
eonducud in the tame manner and before the
same courts as other offence committed
within the city of Columbus, the punishment
whereof may be loss than imprisonment in
the penitentiary. .
Sec. 6. The work to bo done for the com
pletion of the State House building shall be
follows: Tiling the tloor or the rotunda;
putting gas fixtures in the rotunda; arching
and flagging the northwest court, and placing
therein steps, balcony and iron railing lor
second story; and repairing and painting the
digging on the north and west sides of the
building. For the payment of the labor and
material or said work, there is hereby ap
propriated out of any money in the Treas
ury for general revenue purposes, th sum of
ten thousand dollars, which may be drawn
from the Treasury on the warrant of the Au
ditor of State in favor of the person or their
agents to whom the same may be due for
work actually done or materials dolivered,
and so certified to by th Superintendent.
The said work shall be finished by the first
day of Oct. of the presont year, and upon
said day the state House building smil be
held to have been completed, and all work
upon the construction thereof shall cease.
and all contracts relative thereto shall beat
an end.
Sac. 6. - There is hereby appropriated out
ef any money in the Treasury for general
revenue purposes, the following turns or
money ,to be applied to the following purpose,
via; In payment for work aod material
necessary to be done and furnished i grading
and flagging th State House J sidewalk
upon High street, nrteen hundred dollars;
and for procuring and planting trees an I
shrubbery en said lot, eight hundred dollars;
and for contingent expenses of said State
llnnia ha id ne. (rounds and appurtenances.
thirtv-seven hundred dollars. Said sums of
money to be paid from the Treasury upon
th warrant of the Auditor of State, in favor
of the persons or thoir agents to whom mon
ey may become due for work or materials as
aforesaid, and wliien may Do certinea oy tno
Superintendent to have been performed or de
livered. Seo. 7. Th Superintendent is hereby au
thorised to make sal of such machinery and
imnlemenU procured for, and not further
needed iti building the State Honse, and, al
so, of atluhussd materials procured for such
building, as he may deem it for th Interest
of the State so to dispose of; and said Super
intendent shall account with the Treisnnr
of State for all money received by him from
tuch sales. .
Seo. 8. Th act entitled "an act to pro
vide for the prosecution of the work on the
new State House, prescribing the order in
which it (hall be done, and making appro
priations therefor," passed April 8, 1856, and
the act entitled "an act to provide for the
more expeditious completion or the new
State House, prescribing the order in which
it may be done," passed April 12, 1858, and
all other acts providingjor the construction
of the new State House, are hereby repealed.
Sbo. 9. This act shall take etlect and be
in fore from and after the first day of April
in th present yetr; provided, however, that
the appointment hereby authorixed may
he made at any time after the passage hereof,
to take effect upon said day.
Speaker of the House of Representatives.
President of the Senate.
Passed March 16, 1860.
Supplimentary to the Act entitled "an Act
to provide for the Organization of Cities
and Incorporated Villages," passed March
11th, 1853.
Section 1. Be it tnacttd by th Qtntral
Attmbly of th Stat of Ohio, That for the
purpose of purchasing land for a cemetery,
the council of any municipal corporation,
organized under the act to which this act it
suplemontary, shall have power to lery, in
addition to the taxe otherwise authorized
by law to be levied, upon the taxable prop
erty of such municipal corporation, a tax
not exceeding one half ot one mill on tne
dollar, each year, during a term of not ex
ceeding six years, which tax shall be col
lected in the same manner as other taxes oi
such corporation, and the money arising from
such levy ahall be set apart exclusively for
the purposes of said purchase; provided, the
aggregate amount levied for laid purpose
shall not exceed five thousand dollars.
Sbo. 2. Whenever the council of any
municipal corporation, as aforesaid, shall have
passad an ordinance for the lery of the taxes
authorized by the foregoing section it shall
be lawful for tuch council to proceed to pur
chase land for a cemetery, and may pledge to
the vendor thereof the money arising from
said levy, in payment therefor, so far as the
same shall be necessary, together with seventy-five
per centum of the money accruing
from the sale by such corporation, of lots in
such eemetery, as hereinafter provided, and
upon full payment to th vendor of the pur
chase money for said land, said municipal
corporation may receive from the vendor an
absolute conveyance thereof.
Sio. 3. The council of any municipal
corporation which has purchased or may
hereafter purchase land for a cemetery, may
cause the same to be laid out into lots, ave
nues, alleys, or other subdivisions, as shall
be deemed expedient, which lots shall be
numbered and the avenues named, and a
plat thereof made and kept in the office of
the clerk or recorder, for the use of the pub
lic. Sbo. 4. For the purpose of defraying the
expons of purchasing, improving and em
bellishing such cemetery, the council of such
municipal corporation may sell it private
sale, or public vendue, from time to time,
such number of said lots,, and upon such
terms and conditions as may be deemed ad
visable, and may cause to be executed to
the purchasers of said lots such convey
ances as may be necessary to carry into effect
said contract of sale, and said conveyances
shall, at the expense of those receiving them,
be recorded in a book to bo kept for that pur
pose, by the clerk or recordor of such munic
ipal corporation.
Skc. 5. Seventy-fire por centum of the
purchase money arising from the sale of said
lots, shall be set apart, end appliod to the
payment of the purchase monoy due to the
vendor of said cemetery grounds, and to the
prepayment of such sums ss may have been
paid by such municipal corporation under the
provisions of this act, until th same shall
be fully discharged, and the residue of tho
money arising from said sales shall be ap
plied to defray tho expenses of improving
and embellishing said cemetery grounds.
Seo. 6. The council of any municipal
corporation owning a cemetery, shall have full
powor to pass all ordinances necessary to
carry into effect the provisions of this act or
to regulate said cemetry, the improvement
of the same, and the burial of the dead there
in, to define the tenure and conditions on
which lots therein shall be held, to protect
said cemetery and all fixtures thereon, and
to punish all violations of such ordinances
whether said cemetery be situated within or
without the limits of such corporation.
Sec. 7. This act to tako effoce and be in
force from and after its passage.
Speaker of the House of Representatives.
President of th Senate.
Passed March 17, 18G0.
To provide fur the Confinement of Prisoners
under the laws or the united states, in
tho Jails of this State, and to repeal certain
Acts therein mentioned.
Suction 1. fit it tnacttd by th Qtntral
Antmbly of (he State of Ohio, That the Sher
iff or the keeper of every jail in any coun
ty of thi State shall be and he is hereby
authorized and required to receive all prison
ers charged with crime committed to his
custody by tho authority of the United
Slates, and to keep them safely until dis
charged by due cours of the laws of the
same; and if any sheriff or jailor shall neg
lect or refuse to perform the services and du
ties required of him by this act, or shall o'
fend in the premises, he shall be liable to the
like penalties, forfeitures am actions as if
such prisoner or prisoners bad been commit
ted for any offense by the authority of this
Slate; provided that every prisoner who shall
be committed for any offense by the author
ity of the United States, shall bo supported
at the expense of the same during his or her
confinement in said jail, and no greater com
pensation shall be charged by any sheriff or
keener of any jail for the subsistence of said
United States prisoners, than is authorixed
by law to be charged for the subsistence of
Slate prisoners; providod also, that the com
missioners of any county in which said pris
oner may be confined, shall be entitled to re
ceive from said United States, the sum of
one dollar per month for tho use of said jail
for overy person so committed.
Seo. 2. That the act entitled "an act lor
the confinement of prisoners under the au
thority of the United Statea in the jails of
this state," and the set entitled in act to
amend section one of an act for the confine
ment of persons under the authority of the
United States in the jails of this State,
passed December 20, 1806, and to repeal sec
tion two of said act, be and the Banie ire
hereby repealed.
Seo. 3. This act shall take effect and be
in force from and aftor its passage.
Speaker of the House ot Representatives.
President of the Senate.
Passed March 26, 1860.
To provide for the bettor protection of health
and property in certain cases.
Section 1. Bt it enacted by tit Genera
Auemblu of the Stat of OAio.That the town
hip trustees of any township through
which any stream or river, subject
to overflow, passes, on application of any
party, ahall have power to eater upon
anv land in their township to view any
nroDoaed levee o embankment, for the
purpose of protecting any land held by
more than one person, and to cause laid
levee or embankment to be located and oon
struoted, whenever, in their opinion, the
same is demanded by, or will be conductive
to the pnbli health, convenience or weiiare
Sbo. 2. For the purposes mentioned in
th first section of this act, th township
trustee shall have power to appropriate pn
rate property, according to th provisions of
an act passed April sutb, loaz, entitled "an
tot to provide for compensation to owners of
private property appropriated te the us of
corporations"; providod, that beiore any pro
ceeding shall b taken by the township tros
tots under this act, the expense and cott of
locating, constructing, and all other costs and
expenses necessary or incident to the loca
tion or construction of the proposed levee,
shall be guaranteed or paid to the township
trustees by thi parties, or some or them, in
) tercsten in the construction of tuch levee.
8ic. 3. That this act shall take effect '
from and after its paatagt.
Spoaker of the House of Representative.
President of th Senate.
Passed March 24, 1860.
To regulate the taxation and payment of
cost in certain case.
Skc. 1 Be it tnacttd by th Qtntral Af
tembiy of th State of Ohio, That the costs of
prosecution, so far as relate to me ices oi
constablcs.justlces, sheriffs, witnesses and
clerks, shall be made out by the different
officers claiming the same, specifying the
different items comprising the same accord
ing to the acts regulating the leea or civil
officer! in civil and criminal cases, and the
acts directing the mode of trial in criminal
cases, and shall be by such persons lodged
with the clerk of the court Deiore which any
criminal may be convicted during the time
in which such conviction may oe naa, and
the clerk shall make out under his hand and
the seal of said courts true copy of all such
charges, which shall be examined, and if cor
rect, the same shall be allowed by the iuiS"
of said court, and forwarded with such con
vict and delivered by theaherin to the war
den of the penitentiary, and the sheriff shall
receive eight cents per mue going to ana re
turning from said penitentiary, to be compu
ted from the seat of justice of the county in
which the conviction took place, by the usu
al route of travel, and he shall also receive
the sum of five cents por mile for transport
ing evory such convict, and shall be allowed
one guard for every two convicts so trans
ported, and shall receive six tents per mile
for the services of each guard so employed,
to be computed for the tain distance as the
sheriff; and if at any term of the court
there should be more than one person con
victed, it shall bt the duty of the clerk to
make out an order directing the number of
guards, not exceeding one guard to every
twe convicts, exclusive of the sheriff, unless
in an extraordinary case, when, in the opin
ion of the court a greater number shall be
necessary for the safe transportation of such
convicts, a certificate whereof shall be made
out by the clerk under the seal of the court
and delivered to the sheriff, and he shall de
liver the certificate to the warden of the
penitentiary, who shall be governed thereby
in making out his order lor tne payment oi
such transportation; and all charges of prose
cution and transportation made out agreea
bly to the provisions of this act and ol the
several acts herein referred to shall be de
livered to the said warden, and if upon exam
ination he shall find thorn to be correct, he
(hall certify a correct copy thereof with his
allowance thereof, to tho Auditor of State,
and th Auditor shall upon presentation of
such certified copy and allowance, issue his
warrant for the amount upon the Treasurer
of State, who shall pay the same; provided,
no allowance shall be made for the payment
of any guard who shall not have actually as
sisted in the transportation of such convicts;
and also provided, the sheriff shall not be en
titled to charge mileage for himsolf for trans
porting any convicts to tho penitentiary ol
toner than once every twenty days.
Sec. 2. That the act entitled "an act to
amend tho act entitlod an act making pro
vision for carrying into effect the act for the
punishment of crimes," passed February 27,
1835, and an act entitled "an act regulating
the fees of sheriffs in civil and criminal cases,
passed March 13, 1837," passed January 4,
1838, be and the same is are ho re by repeal
ed. Sec. 3. This act shall take effect and be
in force from and after its passage.
Speakorof the House of Representatives.
Prosident of the Sonata.
Passed March 22,1860.
To prevent snd nunish malicious injaries to
church edifices, school houses, dwelling
houses and other buildings.
Sec. 1. Be it enacted by the Genral At
tembiy of the State of Ohio, That if any per
son shall wilfully and maliciously injure any
church edifice, school house, dwelling house
or other building, not Iteing bis own proper
ty, or in any way disfigure the snmo with
paint or otherwise, or defr.ee the same by
painting thereon any obsceno words, figures
or devices, or by posting thereon any paper
or other material bearing such words, fig
ures or dovicos, ho shall be punished by fine
not exceeding one hundred dollars, or by im
prisonment in the county jail not exceeding
ninety days, or both said punishments in th
discretion of tho court.
Speaker of the House of Representatives.
President of the Senate.
Passed March 24, 1860.
To provide for the more effectual punish
ment of certain offenses.
Sec. 1. Bt it tnacttd by the Qtntral Al
terably of th State of Ohio, That whenevor
hereafter any person shall bo convicted of
any criminal offense, committed after the
passage or this act, all or any part or the
punish inon t of which by law is an imprison
ment in the county jail, the court, in liou of
such imprisonment, may, on the recommen
dation of th prosecuting attornoy, sentence
tuch perton to hard labor in tho jail of the
proper county, any length of time not ex
ceeding six months, and not exceeding the
term of imprisonment now by law fixed as
the penalty for said offenses respectively, at
the discretion of the court.
Sec. 2. That labor thus to be performed
shall be under the direction of the commit-
oners of the county, who may adopt such
orders, rules and regulations in relation
thereto ss they may deem best, and th sher
iff or other officer having the custody of such
convicts shall be governed thereby; and it
shall be the duty of the sherifl of the county
to collect and pay into the treasury or the
county the amount of the avails of the labor
of such convicts, and take the treasurer's re
ceipt therefor, which receipt he shall forth
with deposit with the auditor or the county.
Sir. 3. That for the purpose or enabling
the county commissioners of any county in
this State to employ, in a profitable manner,
all persons who may be convicted under the
provisions of this act, the county jail, in
such cases, is hereby declared to extend to
any iton quarry or quarries, road or rovls,
orother place or places within tho limits of
the proper county, at which tho convicts
may be advantageously employed, without
th wall of the prison, by the county com
missioners aforessid.
Skc. 4. That all other sot heretofore
passed, inconsistent with the provision of
this act ,! and tho tame are hereby repealed.
Skc. 5. This act shall take olfect and be
in force from and after its passage.
Speaker of the House of Representatives.
President of tho Senate.
Passed March 15, 1860.
. ' AN ACT. '
Supplementary to an act prescribing tho
duties or supervisors ana routing 10 roan
and highways passed Fobrtiary 13, 1853;
and to repeal an act entitled "an act pre
scribing the duties of supervisors and re
lating to roads and highways," pasted
April 8, 1856; also prescribing the duties
of county commissioners, county auditors,
township clerks, and supervisor) also to
repeal oeruin other acts heroin named,
passed April 12, 1858
8o. I. Bt it enacted by the Qtntral At-
tembiy of tht Stat of Ohio, That where the
Board of County Commissioner in any
county in this State did, at their March ses
sion, 1860, for any cause, lail to discharge
any of the duties roqured of them by the
first, second and lourtn sections oi tne act
to which this is supplementary, they may
discharge such duty at the June session of
said Board for said year.
Seo. 2. This act to take encct upon its
Speaker of the House ofRepresentalives.
President of the Senate.
Pasted March 26, 1860.
Supplementary to the Code of Civil Proced
ure. ' Seo. 1. Be it enacted ly the General At
tembiy of tht State of Ohio, That in all cases
where th deposition of a witness hu been
or may be taken, and the officer before
whom such deposition has been or may
be taken, shall have omitted to certify
such deposition according to law, it shall
be awful to prove by tuch officer, or any oth
er person, auch fact so neglected to be certi
fied, and luch proof for all purpose! shall
have the nine force and effect at if the fact
proven had been duly certified.
Seo. 2. This act shall take effect ind be
in force from and afler its passage, and shall
apply to action! now pending, at well at to
those which may hereafter be brought.
Speaker of tho House of Representative.
President of th Seuate.
Passed March 16, I860.
To amend the first section of the act of April
9, 1852, entitled "an Act to prevent Fraud
ulent Practices."
Section 1. Bt it enacted by the General
Aittmbly of th State of Ohio, lhtt section
one of the act of April 9, 1852, entitled "an
act io prevent irauauieni practices," be so
amended a to read a follows; Sec. 1. If
any person shall execute and deliver.or shall
cause or procure to be executed and delivered
to any person, any false or fictitious bill of
lading, receipt, schedule, invoice, or other
written instrument, to the purport or effect
that any goods, wares, merchandise, live
stock, or other property usually transported
by carriers, had been or were held, delivered,
received, placed or deposited on board of any
steamboat or water craft, navigating the wa
ters in or bordering upon the State of Ohio,
or at the freight office, depot, station orother
place designated or used by any railroad
company or other common carrier for the re
ception of any such property so usually
transported by carriers; when tuch goods,
wares, merchandise, live stock or other prop
erty were not hold, or had not in (act and in
good faith been delivered, received or depos
ited on board of such steamboat or other wa
ter craft, or at such frieght office, depot, sta
tion or other place so designated or used by
any common carrier for the reception of such
property, when such bill of lading, receipt,
invoice, schedule or other written instru
ment was made and delivered according to
the purport and effect of such bill of lading,
receipt, invoice, schedule or othor written
instrument, with intent to deceive, defraud
or Injure any person or corporation; or if any
person shall indorse, assign, transfer or put
off, or shall attempt to indorse, assign, trans
fer or put off any such false or fictitious bill
of lading, receipt, invoice, schedule or other
written instrument, knowing the same to be
false, fradulent or fictitious: the person-so
offending shall be deemed guilty of a misde
meanor, and upon conviction thereof shall be
imprisoned in the penitentiary, and kept at
hard labor for a torm not exceeding four
yean, nor less than one year.
Seo. 2. That original section of the above
namod act bo and the same is hereby re
pealed; provided, however, th.it such repeal
shall in no wise affect any liabilities incur
red under the said section so repealed, nor
any proceeding undor the same which may
have been or which may be heretfter insti
tuted under the same.
Sec, 3. This act shall take effect and be
in force from and after its passage.
Speakorof the House of Representatives,
President of the Senate.
Passed Mar:h 22, 1860.
Prescribing Rates of Taxation for State pur
Section 1. Bb it enacted bvthb Gkn
ebal Assembly or the State or Ohio, That
there shall be levied on each dollar of
the taxable property of thi State, as valued
and entered on the grand list ol taxable prop
erty for the year eighteen hundred and sixty.
! (1860), for tho several purposes in this act
enumerated, in addition to the taxes now pre'
scribed by law, taxes at the rates horeaftor
specified, namely: for the ordinary ex
penses of tho State Government, includ
ing the expenses of the public benevo
lent institutions, and other expenses
:nargeauie on the general revenue, one-
tenth of one mill; for tht sinking fuud,
applicable to the payment or the inter
ist and the gradual reduction of the prin
:ipal of the State dobts, and to comply with
he provisions of tho constitution for the
gradual extinction of the public debt, five
enths of one mill and on each dollnrofth:
taxable property of this Slate as valued and
entered on the grand list of taxable property
for the year eighteen hundred and sixty one,
rive-tenths or one mill, and thereafter four
tenths of one mill on the grand list of taxa
ble property, annually.
Seo. 2. That for the purpose of affording
a free education to all the y outh of this State,
the state common school fund shall hereafter
consist of such sum as will be produced by
the annual lovy and assessment of one and
four-tenths of a mill of tho dollar valuation
on the grand list of the taxable proporty of
the state, and no more, which sum is hereby
annually levied for that purpose
sec 3. 1 bis act shall take elfoct snd be
in force from and afler it passage
Speaker of the Mouse of Representatives.
President of tho Senate.
Passed March 16, 1860.
Providing for the appointment ind more
thorough system of accountability of Offi
cers of th Ohio Penitentiary, fixing their
Compensation, prescribing their Duties
and determining tho manner of working
the Convict.
Section 1. Be it enacted by tho General
Assembly of the State of Ohio, That there
shall be appointed by the Governor, by and
with the advice and consent of the Senate,
three Director of the Ohio Ponitentiary ;
on of whom shall hold hit office for th
term of on year, one for the term of two
yean, and one for the term of three year ;
and each of their successors shall hold hit
office for the term of three years. No per
son shall be appointed a Director who is a
contractor in the penitentiary, or the agent
or employee of any such contractor, or who
is interested either directly or indirectly, in
any kind or branch of business in the insti
tution ; and should any Director become so
interested at any time during his term or ol
fide, it shall be cause for his removal aod up
on satisfactory information given of such
fact the Uovoruor is hereby authorized and
required to remove such Director, which re
moral, with the reasons tnereior, snail ne en
toredon the journals of the penitentiary, and
the Governor shall report the same to the
General Assembly at the next session.-
Eaoh of said Directors before entering upon
the duties of his office, shall take and sub.
scribe an oath or aflirmation to support the
constitution of the United States and of
this State, and to faithfully and diligently
discharge the duties of such Director. In
case of a vacancy by doath, ictignation, or
otherwise, it shall be filled by appointment
by the governor, until the next session of
the Ueneral Assembly, the said Directors
shall each receive throe dollars per diem for
the time actually employed in the discharge
of their duties, and actual traveling expen
set, to be paid out of tho State Treasury on
the certificate or the Warden as to tho time
of their services.
Seo. 2. The board shall make annual ap
polntmentt of one of their numbor president
or the board, it snail do me amy oi tne
nsidtnt Directors to visit the institution to
gether every two woeks, examine the work
shops, cent, rooms, ana ine books ana vouan-
ers of the Wardon, and enter the result of
their investigation in a book called a journal
to be provided for the purpose. It shall be
the duty of all the Directors to meet at the
office of the penitentiary every throe months.
to make a quarterly settlement of the ac
counts of the Warden, and inspect tho va
rious departments and shops of the institu
tion, and record the result oi their inrestiga.
tion in the journal, signod by each member
present, if all shall be agreed; n otherwise,
th opinions of the dissenting members shall
also go on record.
Seo. 8. Th said Directors, or a majority
of them, shall appoint a Warden, who shall
hold his office for the term ol two years, un
loss sooner removed by the Directors; but in
cases of removal the reasons therefor ahall
be entered on the journal of the institution
The Warden Bhall take in oath or affirma
tion faithfully to discharge the duties of his
office, and give bond to the State of Ohio, in
the sum of ten thousand dollars, with at least
two food and sufficient freehold securities,
to be epproved by th Director, Attorney
Ueneral and Auditor or state, condition, d
for th faithful performance of the several
duties which tr hereby, or which mty from
lime to time be required of him by law.
which said bond shall be deposited with th
treasurer ol State. The warden, by am
with the advice and consent of the director
shsll have power to appoint a deputy wai
den, clork, and such number of axsist-nk
keeper as the directors may deem necessa
ry; all of whom shall take in oath or affirma
tion faithfully to discharge their duties, and
give bonds to the Sltte uf Ohio; the clerk
and deputy warden in the sum of three
thousand dollars each, and the assistant
keepers in the sum of fire hundred dollars
each, with security, to be approved by the
directors, which bonds shall lie deposited
with the treasurer of state. Alt the above
officers shall be subjoct to such by-laws snd
rules ss may be prescribed by the directors
and warden for the government of the pris
on. The directors shall appoint I physician,
who shall attend to ill the ciset of sick net
among convicts, reside near the penitentiary,
visit the prison at least once each day, and
have a general sanitary oversight of the pris
on; and shall communicate to the directors,
t each general meeting, on the general
character of the health of the prisoner dur
ing the preceding three month), with such
suggestions in regard thereto as he may
deem necessary, which communications shall
be entered on the journal. Tho physician
shall receive for his services a sum not ex
ceeding eight hundred dollars per annum.
Seo. 4. The warden shall receive in an
nual compensation for his services, not ex
ceeding twelve hundred dollars. -The clerk
shall receive an annual compensation for his
services, not exceeding one thousand dollars.
The deputy warden shall receive an annual
compensation for his services, not exceeding
eight hundred dollars; and each assistant
koeper thill receive a compensation not ex
ceeding forty dollars per month, except the
night watch, who may receive forty-five dol
lars per month, to be determined by the di
rectors. No perton to employed shall be
entitled to or receive any perquisites, in the
shtpe of board, provisions, carriages, horses,
or otherwise, either for themselves or fami
lies; or shall be permitted to receive my
compensation or reward of any description
from contractors. And if any person so em
ployed shall receive any compensation or re
ward or any description from any contractor
to promote the interests or advantage of such
contractor, or shall make use of any proporty
ol my description belonging to the peniten
tiary, for his own private purpose, unless the
same shall have first been paid for or charged
on the regular books in the office of the in
stitution it i price rgreed with the wardon
and directors, such person shall be deemed
guilty of a misdemeanor, and upon conviction
thoreof shall be fined in any sum not exceed
ing five hundred dollars, and be imprisionod
in the county jail not exceeding sixty days,
and shall be discharged from his office.
And if any officer procure tho encape of any
convict, or connive at, or aid, or assist in the
oscape of any convict from the penitentiary,
whether such convict escape or not, he shall,
on conviction thereof, be sentenced to hard
labor in the penitentiary for any term not
loss than one nor more than three years,
and if any othor person shall aid, or assist in
the escape of any conviot from thu peniten
tiary, such person shall, on conviction there
of, be sentenced to hard labor in the peniten
tiary, for any torm not lest than six months,
nor mora than one year.
Seo. 5. It shall be the duty of tho direc
tors to appoint a chaplain of the Ohio peni
tentiary, who shall hold his office for one
year, and who shall receive an annual com
pensation not exceeding eight hundred dol
lars, to be paid quarterly on the certificate
of the directors. The chaplain shall be a
minister of the gospel, in good standing in
some one of the denominations of this state,
who shall be competent to teach the ordi
nary branches of an English education; and
who shall reside in or near the penitentiary,
and devote his whole time and ability to
the welfare of the convicts confined therein;
and shall, in addition to his clerical tervioes,
toach such of the convicts as ho and the
warden may select, the art of reading, writ
ing, arithmetic and geography, at such
hours as may be found most conducive to
the interests of the institution. . Minor con
victs shall be instructed separate and apart
from convicts who are not minors. The di
rectors shall not appoint one of thoir num
ber oilher warden, chaplain or physician, nor
shall either or the onicers here mentioned
hold any other office or place in the institu
tion. Seo. 6. That each convict possessing a
fair knowledge of reading, writing and arith
metic, shall bo kept at work ev-ry day in
the year, Sundays excepted, not exceeding
ten hours per day.
Sec. 7. The warden is hereby authorized,
so far as practicable with existing contracts,
(and a'l contracts hereafter made for con
vict labor may so provide,) to classify the
convicts acoording to their age and disposi
tion placing all young men undor twenty
one years of age, (unless the conduct of the
same shall forbid it,) in a shop or shops by
themselves, and give them such work as
will bo most beneficial to them when dis
charged; and persons convicted of the high
er crimes, or who shall be convicted a sec
ond time of penitentiary offenses, or whose
conduct may require it, shall be worked in
a shop by themselves, and all incorrigibles
may be worked in cells or shops by them
selves, at such employment as the wardon
and directors, or a majority of them may
deem most fitting for them, or profitable to
the state.
Sec. 8. The warden shall attend to the
purchasing of all articles for the institution
lothing, provisions, medicines, material
for building or repairs, or any raw material
to be manufactured in the ponitentiary; shall
have in charge the whole operation of the in
stitution, and shall be its executive officer;
and in case any guard, or subordinate officer
ol the institution should violate any of the
laws or rules of tho prison, it shall be the
duty of the warden to suspend said offend
ing guard or officer until the meeting of the
directors, who shall examine into tho charge,
and discharge or retain said guard or officer,
as justico may require.
Sbo. 9. The warden of the penitentiary
shall, within five days after the close of each
month, make out, certify and file with the
auditor of state and comptroller of the treas
ury a duplicate statement, in which shall
be accurately sot forth the names of the sev
eral contractors for convict labor, the amount
due from each at the close of tho month to
which the statemont refers, and the particu
lar class of labor on which said contract was
based; ind upon receiving such certified
statement, the comptroller shall require im
mediate payment from the respective parties
from whom such sums are due, and when
paid certify the same into the state treas
ury as in other cases; and ii payment tie not
made within fourteen days after demanded,
(of claims duo,) such claims shall bear inter
est it tho rate of six percent, from tho close
of the month in which the labor was per
formed; and, on payment, the state treasur
er shall execute and deliver his receipt-in
triplicate one to the porson making the
payment, one to the auditor of state, and
one to the comptroller of tho treasury; pro
vided, a uniform credit of three months
for the hire of said convicts may lie allow
ed by the wardon and directors to the sev
eral contractors; provided further, that on
the first day of November, tn each year, pay
ment in full for the previous year shall be
promptly made.
Sio. 10. All moneys due the institution,
arising from sources other thin those speci
fied in the next preceding section, shall be
paid to the warden, who shall pay over the
same to the treasurer of state at the close of
each month; and such moneys shall be cer
tided into the treasury in the latne manner
that other moneys are certified into the
treasury; and for all moneys so paid over by
the warden, triplicate receipts shall be giv
en, one of which shall be forthwith deposit
ed with the auditor of state, one with th
comptroller, and the other retained by the
warden. A full and detailed statement of
all such moneys received and paid over to
the treasurer of state shall be made out by
the warden at the close of each quarter of
the year, tuch statement ahall set forth the
severall amounts receivod, from whom, at
what time, and on what accounts received
and shall be immediately deposited with the
auditor of state.
8 fx. 11. All accounts forclnims ngninst
the penitentiary, whether for salaries, pro
vision!, clothing, medicines, repair, build
ing, or other object, shall be made in dupli
cate one to the auditor of state and to the
comptroller of th treasury; be certified by
the wsrdrn, countersigned by th clerk, and
endorsed "spproved" by at least two direc
tor. Sbo. 12. All contract for provitioni,
clothing, medicine, forage, furl, building or
irpiiis, wbrte the tmounl shall rxretd th
urn of one hundred dollars, shall be given
to live lowest bidder; provided, in case of the
acceptance of any bid, and bidder fails to
complete th contract, the next lowest bid
der shall not be entitled to th contract, un
lex th price be deemed reasonable by the
warden and directors; but th warden may
then contract with any one who rffer may
be regarded just and proper. No bids here
in authorized ahall b received, or contract
mad in pursuanc thereof, unless the same
be reasonable, and not greater than th usual
market value and price. So far a poacibl
th letting contracts thill le as herein pro
vided for, but no other contracts shall be
lot to run more than six months, nor shall
any contract be valid until approved by the
auditor and attorney general. Notice of
time and place of letting each contract shall
be given for at least two consecutive weeks
in two daily newspapers in Columbus, ind
in one of the weekly papers published in
each of the counties adjoining Franklin
county, and in such other papers ss the war
den and directors may deem expedient; and
where any two bids shall be equal, th war
den and directors may select ny one f
them as the person who (halt hav the con
tract; and tuch contractor ahall give bond
and security, to the satisfaction of the direc-.
tors, for tht faithful performance of hi con
tract, provided, nn contract ahall be given
or purchase made wherein either of the di
rectors or any of the officers of the peniten
tiary is interested, and all contracts or pur
chases made in violation of this provision
shall be void.
Sec. 13. Convicts may be hired in any
number not exceeding fifty in one contract,
and for any time not exceeding five year.
All contracts for working convicts Bhtll he
given to the highest bidder, of the lotting of
which th director shall give at least tix
weekt notice, in two daily or weekly papers
in the city of Columbus, two i i the city
of Cincinnati, and one in the city of
Cleveland, and all contractor! shall be re
quired by the director! to give security to
the state of Ohio for the faithful performance
of their contract!, in such tmountt as the
directors in their judgment, may think prop
er and right. All convict! not contracted
for, according to the provisions of this act.
shall be hired or otherwise employed by the
directors or warden in such manner at they
may deem most conducive to the interests
of the state.
Skc. 14. It shall be the duty of the war
den and directors to make luch arangemcntt
with the contractor! who now have con
tracts for convict labor, and to to make all
future contracts as will permit the convicts
to have a certain amount of labor allotted
them each day for a day's work, and the
timo so gained, after the performance of the
task, may be occupied in attending the pris
on school or in labor for the contrator at the
same rate the contractor pays the state for
the same work ; and if any convict, who
shall have so made overwork, shall for any
cause be unable to make full work on any
other day or days, no deduction shall lie
made from his overwork earnings on that ac
count. The money so earned shall be col
lected by the warden for the convict the
same as money due the institution from the
contractors, (with the exception of the al
lowance of any credit,) and the warden shall
permit the convict to send the amounts so
earned to his family or friends; and in case
tho warden is dismissed, or dies, or resigns
before the expiration of the sentence of the
convict who may have funds in his hands,
he shall account for the amount the same as
the other funds in his possession. And an
accurate and detailed account of all such
moneys received, from whom, the time when
the amount received, and to whom payable,
shall be kept by the said warden in a book
provided for that purpose, and shall also en
ter and sign the same, monthly in a pass
book which tho prisoner may keep for that
Sec. 15. It shall be tho duty of the war
den and directors to allow to all convicts to
whom, from the nature of their employment,
it is impracticable to assign a daily allow
ance of work, and who, in the judgment of
the wardon and directors, are entitled thero
to by their fidelity and extra labor, such com
pensation as may appear to them equitable
in comparison with the amount of labor re
quired of other prisoners. If such labor is
performed for a contractor or the warden, the
said compensation to be required from the
contractor or wardon for whom it was per
formed, shall he collected, kept and paid into
the treasury in t lie same manner ts othor
over-work money. Ifsnch labor is performed
fur the state, it shall bo paid for by the
Sec. 16. It shall be the duty of the war
den, at tho close of each month, to pay into
tho state treasury the aggregate amount then
in his hands belonging to the several con
victs for over-work. The treasurer shall re
ceive and receipt for the monoy as in cases
of state funds, and the warden shall dispose
of the rocoipts as directed in the tenth sec
tion of this act. The traasurer shall open
and keep an account with the fund to be de
nominated "the prisoner's over-work fund."
Each convict, at the close of bis term, may
draw from the treasury his proportion of
the fund, upon the certificate of the warden;
and upon the written request of the convict,
to be filed with the auditor of state, the war
den, at any time, may draw from the treas
ury the amount due any convict from the
fund, or any part thereof, for the proper use
of the convict himself, or for the use of his
.family or friends.
Seo. 17. The directors shall, in company,
overy three months, inspect the warden's ao
count, the different apartments of the prison,
and the condition of the prisoners, and shall
have power to regulate and fix the appoint
ment, duties, dismissals and salary of all
officers or agents of the penitentiary, not
otherwise provided for by law, and annually,
on or before the fifteenth day of November,
submit to the governor of the State a report
of the condition of the prison, together with
suggestions as to the improvements that may
to them appear necessary.
Skc. 18. It shall be the duty of the war
den to provide all convicts with a clean Btraw
bed, and sufficiency of covering at all times
to prevent them from tho inclemency of the
season, and else with garments of a coirs
material suited to, and sufficient for the sea
son; and he shall turmsn them with I suf
ficiency of coarso but wholesoroo food, with
such alternation of food as in the opinion of
the physician of the penitentiary shall be
most conducive to the hotith of the prison
ers; and it shall be the duty of the warden,
when in his opinion it shall ba necessary, to
employ suitable persons to instruct the pris
oners in any work in which they may be em
ployed, when the same is for State purposes,
and during part of the time of his or her
confinement as the court before whom such
convictioa may bo had shall direct to bo in
solitary cells, such prisoner shall be confined
in the solitary cells, at such intervals and in
such manner as the s-irdea anil directors
may deem proper; and one or more guards
shall patrol said ponitentiary at least twice
in evory hour during the night, until tho
hour of labor on tho succeeding morning.
seo. iu. it snail not tie lawiui to make
use of a shower bath in th punishment of a
convict, but it shall bo lawful to punish pris
oners for the infraction of the discipline, by
solitary conmiement in dark cells, andi by
deprivation of food other than bread and Wa
ter; and any officer who shall violate any of
the provisions of this act, shall be discharged
from his office it the discretion of the direc
tors or warden. The by-laws regulating the
discipline of the prison shall bo' printed' in
the language of the convict ind postei in
each cell, and otherwise published so (fetch
prisoner shsll know them.
Sbo. 20. It shall be the duty of thf dep
uty warden to keep a book, In which! shall
be entered a record of every infractialn of the
published rules of discipline, with tfjie nime
of the prisoner so guilty.and punisblment In
flicted therafor, which record shslll be sub
mitted to the directors it thoir regiulir set
sion; end every prisoner who may Jhivt bven
sentenced for i term of yeirs, wbcfi shall, at
the end of etch month, have no infraction of
the discipline so recorded again aft him, shall
for the lirst monm ue cnmti-u mu uiunnunun
lot on dy from th time 1m wac tntene4
te me immtmuumrj , maa u at in end of th
ull HtAnlh nn infraction tJ tk ;-:.tj
-. -..v viwipunt I
recorded againtt him, be shall be entitled to
two additional day dimuoitwn from hi
ntenc;and if be thail continue to hav no
och nvnrd araintt kin a third mnnth ki.
time shall be shortened three additional days,
and he shall be entitled to five days dimuni-
linn t tint from hia IrtM tnr a & K anh.
tequent nionlb he shall to con tin u in bis
good behavior; and if any prisoner ahall so
Cs the whole time of hie sentence, he shall
entitled te a certificate tliereof from the
warden, and upon presentation thereof to
the Governor, he shall Le entitled to a re
storation of all right of citizenship which
may have been forfeited by his conviction;
and it shall be the duty of the warden to dis
charge tuch convict from tb penitentiary
when he shall have served the time of his
sentence lets the number of days he may be
entitled to have deducted therefrom, in the
aame manner a if ne snch deduction bad
been made; provided that if such convict
ahall be guilty of the violation of the printed
and published rules of the prison after he
shall, as provided in this section, have be
come entitled to a dimunition of hi term of
service to which he ha been sentenced, tb
director shall have the power te deprive, at
their dinerntion. iu:h nnrut nf a rvirttnn a
all (according to the flagranc of such viola-
lion oi aiKipun,; oi the dimunilion or th
term of sentence, to which he had previously
been by thi act entitled; and the warden
shall make known to the convicts the provi
sions of this section when they are received
into th prison.
Sec. 21. The warden shall furnish to
each prisoner sufficient light to enable him to
read from tht time he is shut up in the even
ing until th ringing of the bell for going to
bed, unless the warden haa good cause to be
lieve that i convict it making improper use
thereof, in which case he shall not be so fur
nished. Sec. 22. And provided ilwtyi, that noth
ing in this act shall be so construed as to in
terfere with existing contracts for prison la
bor, unlets by consent of parties, in the event
of which the same shall be indorsed upon the
original contract and signed by the parties,
which shall be binding in sll respects as
though no change had been made.
Sec. 23. The directors and warden of the
penitentiary shall, from time to time, estab
lish by-law, rule and regulation! for the
discipline ind government thereof, and the
warden, for himself and assistants, shall be
held responsible for the observance and en
forcement of tuch by-lawt , rulet and regula
tions; provided, always, that snch by-laws,
rules and reeulatinna ahall nnt
law; and the directors shall submit such by.
lawi.mies ana regulations to the legislators
at each session thereof; and provided, al
ways, that nothincr in thia arc ahall K-
construed as to prevent officers of the Ohio
Penitentiary from holding their respective
offices nntil their successors in office shall be
appointed and qualified.
sec. Z4, l he warden and directors may
enter into contracts for working the convict
UDOn SUch brtncllOl rf hnainaaa ;M tU.
I mm, ... UUJ1
judgment, will best subserve the interests of
mo ou.w, ami icnu 10 promote the welfare or
the prisoners.
8eC. 20. The hOSnital Of thananitanliaav
shall, under such conditions as the directors,
warden and physician may provide, be ac
cessible to the professor and studenU of
Starling Medical College, and other physi
cians of Columbus, once a week during the
annual college terms, for clinical instruction,
provided that no convict shall be subjected
uj ouvn iiutcasura ui any involuntary exam'
ination or surgical operation.
Skc. 26. It shall be lawful for the direc
tors and warden to suit ably reward at their
discretion, any prisoner who by meritorious
conduct may signally serve the interest! of
the institution or the State; and may permit
muj oAira rowara to ue given to prisoners,
uui liiwriering witn the interests of tho
Sec. 27. That in every ease in which a
now warden for the penitentiary shall be ap
pointed, the warden whose term of office
shall have expired, shall deliver over to hit
successor quiet and peaceful possession of the
penitentiary building, with all the property
of the State in his possession, together with
the convicts; and it ahall be the duty of such
suceeding warden to give to hit predecessor
a receipt for the nronertv and
said; the warden whose term of office shall
ntve expirea, snail also make out, under oath,
a full and detailed account ofall the receipts
and expenditures of the penitentiary since
his last annual report, or that have not been
reported to the auditor of State at any timo
during hit term of office; also a true inven
tory, with the contract Dries of all LhA nrnn.
erty in hit possession as suoh warden, be
longing io toe state, consisting of raw ma
terials and manufactured articles. miHicina.
forago, and all kinds of provisions provided
mr .us psiiueuiiary, anu snail deliver the
same over to his successor, together with all
monevton hand.ntatine in full thn
said moneys tnd the amount from each
. : i l 1 1 I . I a ...
suureu, ii snail ne ine duty oi the succeeding
warden to give hit predecessor in office hit
receipt for tuch property and moneyt is
majr ue auueuuioa ina delivered ovor to bim
it aforesaid; and if any such retiring warden
shall refuse or neglect to comnlv with anr
of the provisions of this lection, he shall be
naia gunty oi a misdemeanor, and on convic
tion thereof, shall be fined in any turn not
exceeding -one thousand dollars, and be im
prisoned in the county jail for any period
not less than one month, nor more than six
months, or both, at the discretion of the court.
Sec. 28. That whenever any bond is re
quired of a contracting party by the provi
sions of this set, every tuch contracting par
tv shall file his said bond with tha aairf
den and directors at the time of putting in
ucu Lirupuroiaor oias lor each contract,
which laid bond shall be in such turn as
the said warden and directors shall direct,
conditioned that the party making the
proposals or bids, will accept the contract
if the same he award aH tn aairf ..4
for the faithful performance of the contract
on the part of such contracting party, and
no bid or proposal shall be received, un
lets such bond accompany th same.
dku. .j. inai tne act entitled "an act
providing for the appointment and a more
thorough srstemof accnuntahiiitv rffl....
- tw j w..v,u, m
of the Ohio penitentiary, fixing their cora-
iuaiuU, pnwenomg meir duties, and de
termining the manner of working the con
victs," passed April 12, 1858, and all laws
and parte of laws inconsistent with the pro-
'' act are nereuy repealed, and
the terms of all persons now hnldina- flw
under the provisions of the act hereby re
pealed shall expire upon the appointment
and qualification of the offlcors, whose terms
of office are provided for in this act.
dho. av. i bis act to take effect from and
after its passage.
Speaker of the House of Representatives.
President of the Senate.
Tassed March 24, 1860.
Supplementary to an act entitled "an act for
the support ind better regulition of Com
m m Schools in the town of Akron,"
passed February 8, 1847.
Section 1. Bb it enacted bt the Gbh-
eral AssKMiiT or the Statk or Omo, That
the board of examiners fur any city, town or
village which hat adopted the abort recited
act, and the acts amendatory thereto, shall
state in the certificates they issue to teachers
the period ol time for which aaid certificate
shall be valid, which period shall not be less
than six months nor more than two years,
and no certificate shall be valid for any oth
er period than that named in it.
Isbo. Z. Mo perton than be permitted to
teach in my of the public schools of slid
city, town or village without tuch certificate,
or for any other time than that specified in
aid certificate.
Sec. 3. Thi act shall be in force from
tnd titer it passage.
Speikerof the House of Ktpresentatives.
President of the Senate.
Passed March 19, I860.
To amend section one of in Act entitled "an
act to provide for the Collection of Claims
against Steamboats tnd other Witer
Crafts, snd authorizing proceedings against
th tame by name," passed April 12,
to witnesses.

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