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ing such new bridge or bridges, at the time or times, and in the manner and form specified in this section.

Sec. 2. That said section three of the aforesaid act be and the same is hereby repealed.

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

C. H. GROSVENOR,
Speaker of the House of Representatives.

H. W. CURTISS,

President pro tem. of the Senate. Passed January 31st, 1877.

AN ACT
To amend section two of an act entitled "An act for the maintenance

and support of illegitimate children, and to repeal certain acts therein
nanied,” passed April 3, 1873. (Vol. 70, p. 111, 0. L.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two of the above entitled act be so amended as to read as follows:

Section 2. On the return of such warrant, the justice, in Proceedings the presence of the accused person, shall examine the com- on return of plainant, under oath, respecting the cause of her complaint: warrant. provided, that if either party desire it, and upon good cause shown, said justice may continue said cause for a period not to exceed ten days, upon the defendants entering into a recognizance to appear at the time fixed by said justice for the hearing of said complaint, with sufficient security, in a sum not less than three hundred nor more than six hundred dollars, for the benefit of the township in which such bastard child shall be born, to answer such complaint, and abide the order of said justice; and such accused person shall be allowed to ask the complainant, when under oath, any question he may think necessary for his justification; all of which questions and answers shall be reduced to writing by the justice of the peace, and subscribed by the complainant; and'if, on such examination, the party accused shall pay or Compromise secure to be paid to the complainant such sum or sums of allowable. money, or property, as she may agree to receive in full satisfaction, and shall further give bond, with sufficient security, to be approved by said justice, to the trustees of the township in which complainant shall reside, and their successors in office, conditioned to save such township free from all charges towards the maintenance of such child, then, and in that case, the justice shall discharge the party accused out of custody, on his paying the costs of prosecution: provided, that the agreement aforesaid shall be made or Proviso. acknowledged by both parties in the presence of the justice, who shall thereupon enter a memorandum of the same upon his docket.

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

C. H. GROSVENOR,
Speaker of the House of Representatives.

THOS. L. YOUNG,
Passed February 1st, 1877.

President of the Senate.

cers now

AN ACT
Supplementary to an act entitled “An act to regulate the election of

state and county officers,” passed May 3, 1852. (S. & C., p.532.) Contested

SECTION 1. Be it enacted by the General Assembly of the State election of of Ohio, That on the trial of any case of the contested elecstate and tion of any state or county officers now pending, or which county offi

may hereafter be pending, in any court of this state, either pending

party may, in addition to the evidence hereafter provided to Additional

be taken and certified to said court, introduce any oral testitestimony. mony, or any deposition of witnesses taken before a notary

public or any other competent authority, on notice given to the opposite party, as provided for the taking of testimony

in other cases according to the code of civil procedure of this Errors and state; and whenever any omission, defect, or error shall omissions 'occur, or has heretofore occurred, in the proceedings of any may be cor- officer or officers in declaring or certifying that any person rected.

or persons are or were duly elected to any office or offices under the laws of this state, such omissions, defect, or error may be corrected upon parol proofs or oral testimony offered at the trial, or at the hearing of any preliminary proceeding

of any such case. Subpænas

Sec 2. The officer before whom depositions are taken as for witness- aforesaid, shall have power to compel the attendance of wites, books,

nesses, to issue the writ of subpæna, duces tecum, for the propapers, etc.

duction of books, papers, ballots, or things relating to said

contest. Punishment SEC. 3. Any person refusing to obey the subpæna, duces of witnesses tecum, and to produce any books, papers, ballots, or things in for failing to his possession, or under his control, called for by the said produce pa

subpoena, shall for each and every such offense be committed to the jail of the county, there to remain until he signifies his intention to produce the books, papers, ballots, or things called for in said subpoena.

Sec. 4. That the method to be pursued in contesting the Who may

election of any person declared duly elected to any county contest election of coun- office, shall be at the instance of a candidate or elector of the ty officers; proper county; and all matters relative to such contest shall duty ofcourt, be heard and determined by the court wherein such matters etc.

or anything relating to the cause is or shall be pending in the regular order of the docket of said court; unless a motion shall be made by one of the parties to such case to take

pers, etc.

up the same, when the court shall at once hear and determine any matter relating to such contest then pending before it.

Sec. 5. That in any case now pending, or which may Notice of conhereafter be pending, in any of the courts of this state, the test to be

served and notice of such contest or appeal shall be served or filed on or

filed., before the thirtieth day after the election out of which the contest arose.

Sec. 6. That section forty-two of an act entitled "An act to regulate the election of state and county officers," passed May 3, 1852, (vol. 50, 0. L., p. 311,) be and the same is hereby repealed

Sec. 7. This act shall take effect and be in force from and after its passage.

C. H. GROSVENOR,
Speaker of the House of Representatives.

THOS. L. YOUNG,

President of the Senate. Passed February 1, 1877.

AN ACT

To restrain the use of poison. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person who shall leave or deposit any poi- Penalty for son, or any substance containing poison, in any common,

leaving street, alley, lane, or thoroughfare, of any kind whatever, or streets, ete. any yard or inclosure other than the yard or inclosure occupied by such person, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than fifty nor less than five dollars, or imprisoned in the county jail not more than thirty nor less than five days, or both, at the discretion of the court, and shall be liable to the person injured for all damages sustained thereby.

SEC. 2. This act shall be in force from and after its passage.

C. H. GROSVENOR,
Speaker of the House of Representatives.

THOS. L. YOUNG,

President of the Scnate. Passed Pebruary 1, 1877.

AN ACT

Prescribing the fees of county treasurers. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county treasurer, on settlement semi-annually with the county auditor of the several counties in this

Gradation of county treasurers' fees.

state, shall be allowed as his fees for the collection, safe keeping, and disbursement of the moneys arising from the assessment of taxes on the grand duplicate (except as otherwise provided by law), on any sum so collected not exceeding ten thousand dollars, two and five-tenths of one per cent.; on the next ten thousand dollars, or any part thereof, one and five tenths of one per cent.; on the next ten thousand dollars, or any part thereof, one per cent. ; on the next two hundred thousand dollars, or any part thereof, seven-tenths of one per cent.; and on all other and further sums, five-tenths of one per cent.

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

C. H. GROSVENOR, Speaker of the House of Representatives.

THOS. L. YOUNG,

President of the Senate. Passed February 8th, 1877.

AN ACT

To amend section one of an act entitled “An act for the establishment,

support, and regulation of children's homes in the several counties, and district children's homes in this state, and to repeal certain acts therein named," passed and took effect March 22, 1876. (0. L., Vol. 73, p. 64.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be amended

so as to read as follows: Commission- Section 1. That the county commissioners of any county ers to submit in this state may, and they are hereby authorized, when in question of

their opinion the interests of the public demand it, to submit children's

the question of establishing a children's home, and the issue ers of county, of county bonds or notes to provide funds for the purchase of

a site, and the erection thereon of said home to the qualified electors of such county, or to the qualified electors of counties forming such district, at the next regular election, to be held at the usual place of holding elections, for ratification

or approval; notice of said election to be published at least Notice of

four weeks in two or more newspapers printed and of genelection to be eral circulation in said county, or in the counties of said dispublished four weeks.

trict, prior to taking such vote; and if a majority of electors voting un said question in such county, or in the counties of such district, shall be in favor of establishing said home,

then the commissioners of said county, or the commissioners Counties

of any two or more adjoining counties in such district, hay. may join in establishing ing so voted in favor thereof, shall proceed to carry out the boines. intent and purposes of this act, and shall provide for the

purchase of a suitable site and erection of the necessary buildings, to be styled "the children's home" for such county, or “children's home” for such district, and to provide means by taxation for such purchase and support of the same, and they are authorized to receive and hold in trust for the use and benefit of said “home” any grant or devise of land, and any donation or bequest of money or other personal property that may be made for the establishment or support of said home. That the commissioners of any county, for the pur

Commssionpose of carrying out the provisions of this act, are authorized to issue the notes or bonds of said county in anticipation of bonds in cer

ers may issue the collection of the taxes levied, or to be levied, for the pur- tain cases. chase of a suitable site and erection of the necessary buildings, or for the purchase of a suitable site and buildings already erected thereon, as contemplated in this act, said notes or bonds to bear interest at the rate not to exceed seven per cent. per annum, interest payable semi annually, and said notes or bonds shall not be sold for less than their par value. That all elections held under said original act shall confer authority under this amended act.

SEC. 2. That original section one of the above recited act be and the same is hereby repealed.

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

C. H. GROSVENOR,
Speaker of the House of Representatives.

H. W. CURTISS,

President pro tem. of the Senate. Passed February 8th, 1877.

AN ACT

To authorize compensation to be paiil members of board of equalization

and their assistants. SECTION 1. . Be it enacted by the General Assembly of the State of Ohio, That in each county of this state containing a city Compensaof the first class, having a population exceeding two hundred tion of memthousand inhabitants, where the members of the board of of equalizaequalization for such city, and the assistants of such board, tion in cerperformed services in the year 1876, pursuant to the provis- tain cities. ions of the statute relating to annual boards of equalization for cities of the first and second class of this state, and have not been paid for such services, the commissioners of such county be, and they are hereby authorized and instructed to Aggregate pay all the members, except the auditor, a sum not exceed- not to exceed ing two hundred dollars each, for their services as members two thonof such board of equalization, and such assistants of said sand and

twenty-eight board as were employed by the auditor of any such county a dollars. sum not exceeding two thousand and twenty-eight dollars in the aggregate, said sums to be paid from any funds of the Paid on order county not otherwise appropriated; and the auditor of the county com

missioners. county shall-draw his warrant, and the treasurer of the

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