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shall establish an an nual board for the equalization of property.

Cities which shall be an annual board for the equalization of the value of the real and personal property, moneys, and credits in such city, to be composed of the county auditor, and six citizens of such city appointed by the council thereof; said board shall meet at the office of the county auditor on the fourth Monday of May, and shall close their session on or before (the second Monday of July) then next following, except in cities of the third grade, of the second class, the board shall close their session on or before the fourth Monday of June Power of the following. The board shall have power to equalize the value

board.

Fixing compensation.

How ap pointments are to be made.

of the real and personal property, moneys, and credits within such city, and shall be governed by the rules, provisions, and limitations prescribed in the next preceding section for annual county boards. The members shall each be entitled to receive the following fees for each day necessarily employed in the performance of their duties: as members of city boards of the first class, and of the first and second grades of the second class, five dollars per day, and members of city boards of the third grade, of the second class, two dollars and fifty cents per day, to be paid out of the county treasury; and in each city of the first grade of the first class their [there] shall be a like annual board, with the same powers and duties, to be composed of the county auditor, and six citizens of such city to be appointed by the council; the first appointments being of two for one year, two for two years, and two for three years; and thereafter, annually, two shall be appointed for three years, and all vacancies shall be filled for the unexpired terms; said board shall meet at the office of the county auditor on the fourth Monday of May, and, including the board now elected, shall close their session on or before the fourth Monday of August, and it may appoint all necessary clerks, not exceeding six; each member, except the auditor, shall receive five dollars per day, and each clerk three dollars per day, for their services for the time actually employed in the discharge thereof, which shall be paid out of the county treasurer [treasury]. Said board shall be authorized to administer any oath or affirmation which it may deem necessary to the proper discharge of its duties.

SEC. 2. This act shall take effect and be in force from and after its passage, and said original section two be and the same is hereby repealed.

JAMES E. NEAL,

Speaker of the House of Representatives.
JAMES W. OWENS,

President pro tem. of the Senate.

Passed May 15, 1879.

[House Bill No. 858.]

AN ACT

To amend an act entitled an act to provide for the control and maintenance of libraries in certain cities, which at the last federal census had, and which at any subsequent federal census may have, a population of ten thousand five hundred and ninety-two, passed and took effect May 14, 1878.

Cities wherein a public library may consolidate with any

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cities which at the last federal census had, or at any subsequent federal census may have, a population of ten thousand five hundred and ninety-two, it shall be lawful to merge any public library therein heretofore other. established, with any other library or reading-room therein existing provided, that the library formed by such consolidation shall be kept open for the use of the public at all reasonable hours.

SEC. 2. That the board of education in such cities shall, at their first regular meeting after the second Monday in June of 1879, elect, by ballot, three suitable persons, residents o such cities, but other than the members of such board, who shall be known as the library committee of such city, and shall hold office, one for the period of one year, one for the period of two years, and one for the period of three years, or till their successors are duly elected and qualified, and such boards of education shall, annually thereafter, elect in like manner one person, with the same qualifications, to serve for the period of three years, or till his successor is duly elected and qualified; vacancies in such committee shall be filled for the unexpired term at the first regular meeting of the board of education held after such vacancy occurs.

Board of education of such

cities shall elect a library commit

tee.

Term of

office.

Vacancies.

Powers of committee.

SEC. 3. Such committee shall report in writing to such board at least once each year, and oftener if required by such board, and shall have entire charge and control of the school library in such city, and shall have full power to make all rules and regulations for the government [and] regulation of such library, to employ a librarian and such assistants and help as may be needed for the care and protection of such library, and to require such bond as they may think proper from such librarian, for the faithful performance of his duties as such librarian, and to attend to the drawing and return of books: provided, however, that the salary of such librarian, Salary of and rate of compensation of such assistants and help, shall be fixed by resolution, prior to such employment by such committee.

SEC. 4. That for the purpose of increasing and maintaining school libraries in cities mentioned in section one of this act, and the territory thereto attached for school purposes, such library committee in such cities is authorized to annually levy a tax of one-tenth of one mill on the dollar valuation of the taxable property of such cities aforesaid, and the territory thereto attached for school purposes, to be assessed,

librarian and assistants.

Committee empowered to levy a tax.

Repeal.

collected, and paid in the same manner as are the school taxes of such cities, and all money appropriated or collected by tax for such library shall be expended under the direction of said library committee in the purchase of such books, pamphlets, papers, magazines, periodicals, and journals as may be deemed suitable for the public school library, and in payment of all other costs and charges, including the salaries of the librarian and assistants, that may be incurred in maintaining said libraries, the bills and pay-rolls for which said expenditures shall, upon the order of the library committee, be certified by the chairman and secretary of such committee, and paid by the treasurer of the board of education of said city from such library fund.

SEC. 5. That said original act passed May 14, 1878, be and the same is hereby repealed.

SEC. 6.

This act shall take effect and be in force from and

after its passage.

JAMES E. NEAL,

Speaker of the House of Representatives.

JABEZ W. FITCH,

Passed May 15, 1879.

President of the Senate.

Relating to persons con

victed of fel

ony.

Duties of

court in ease

of the escape and recapture of an

evil person.

[Senate Bill No. 206.]

AN ACT

To amend section fourteen of chapter seven of an act entitled “an act to amend, revise, and consolidate the statutes in relation to criminal procedure." Laws of 1877, page 354.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section fourteen of chapter seven of said act be amended so as to read as follows: When a person is sentenced for a felony, and execution of the sentence is suspended, the court shall order him into the custody of the sheriff, to be imprisoned until the case is disposed of. If such person or any person after sentence and before confinement in the penitentiary escape, the clerk of the court, on application of the prosecuting attorney, shall issue a warrant, stating such conviction and sentence, commanding the sheriff to pursue such person into any county in the state, and the sheriff shall take such person and make return thereof to the court in which the sentence was passed, if in session; if not, the sheriff shall again commit him to the jail of the county, and make return thereof, and bring him before the court at the next session thereof. Thereupon the court shall set aside the former sentence, and again pronounce the judgment of the law upon the verdict, which shall be carried into execution, as provided in section nineteen of this chapter. If any convict escape from the penitentiary, or reform school for boys, no part of the time such

convict is absent shall be counted as a part of the time for which such convict was sentenced.

SEC. 2. That said original section fourteen of chapter seven of said act be and the same is hereby repealed; and this act shall take effect and be in force from and after its passage.

JAMES E. NEAL,

Speaker of the House of Representatives.
JABEZ W. FITCH,
President of the Senate.

Passed May 20, 1879.

[Senate Bill No. 230.]

AN ACT

To amend section four (4), chapter five (5), division three (3) of "an act to revise and consolidate the laws relating to civil procedure in courts of common pleas and superior courts, in district courts on appeal, and also the laws relating to procedure in error, mandamus, and quo warranto," passed May 14, 1878. Ohio Laws, vol. 75, page 665.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four (4) of the above recited act be so amended as to read as follows:

Sec. 4. The application must be made by motion upon written grounds filed at the time of making the motion; the causes enumerated in subdivision two, three, and seven, sec. tion one, must be sustained by affidavits or depositions, showing their truth, and may be controverted by affidavits or depositions, and for this purpose depositions may be taken in the county where the action is pending,

SEC. 2. Said section four of the above recited act is hereby repealed.

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

JAMES E. NEAL,

Speaker of the House of Representatives.
JABEZ W. FITCH,

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Passed May 20, 1879.

President of the Senate.

[House Bill No. 894.]

AN ACT

Making appropriations for the fiscal year 1879, and the first quarter of the fiscal year 1880, payable out of the revenue fund.

tions.

SECTION 1. Be it enacted by the General Assembly of the State Appropriaof Ohio, That there be and is hereby appropriated out of any money in the treasury to the credit of the revenue fund, and not otherwise appropriated, the following sums, to wit:

Athens asylum for the insane.

Cleveland asylum for the insane.

Columbus asylum for the insane.

Daytou asylum for the insane.

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For the Athens Asylum for the Insane:

Current expenses, sixty-five thousand dollars. $65,000.00. Salaries, eighteen hundred and fifty-five dollars and twelve cents. $1,855.12.

Ordinary repairs, two thousand dollars. $2,000.00.

Library, one hundred and fifty dollars. $150.00.

Enlargement of water-works, four thousand dollars. $4,

000.00.

Grading and fencing, one thousand dollars. $1,000.00.
Hose, five hundred dollars. $500.00.

For the Cleveland Asylum for the Insane:

Current expenses, sixty-five thousand dollars. $65,000.00. Salaries, three thousand and fifty-one dollars and eightyfour cents. $3,051.84.

Ordinary repairs and painting walls, three thousand dollars. $3,000.00.

Library, one hundred and fifty dollars. $150.00.

Improvement of ground, five hundred dollars. $500 00.
To enlarge the water-tank, two thousand dollars. $2,000.00.
For repairing barn, one thousand dollars. $1,000.00.

For the Columbus Asylum for the Insane:

Current expenses, one hundred and ten thousand dollars. $110,000.00.

Salaries, three thousand three hundred and seventy-four
dollars and thirty-four cents. $3,374.34.

For repairs, sixty-five hundred dollars. $6,500.00.
Library, two hundred and fifty dollars. $250.00.

Grading, eight thousand dollars. $8,000.00.

Ice-house and lake, two thousand dollars. $2,000.00.
New store-room, thirty-five hundred dollars. $3,500.00.
Attic wards and furniture, one thousand dollars. $1,000.00.
Milk-house, one thousand dollars. $1,000.00.

Purchase of cows, twelve hundred and fifty dollars. $1,-
250.00,

Slaughter-house, four hundred dollars. $400.00.

For telephone (provided the annual rental of all instruments used therewith shall not exceed one hundred dollars), one thousand dollars. $1,000 00.

For extra pay to superintendent for superintending the construction of new store-room and overseeing the grading of the grounds, one thousand dollars. $1,000.00.

For Dayton Asylum for the Insane:

Current expenses, fifty-three thousand dollars. $53,000.00. Salaries, three thousand and two dollars and sixty-five cents. $3,002.65.

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