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Council may

Moneys to be

All moneys for the construction, enlargement, or exunder exclu.

tension of the water-works, or for changes therein, except for sive control of council.

necessary repairs, shall be under the exclusive control of council, to be paid out of the treasury only by order of council upon proper claims certified to by the trustees of the water-works as being just and correct.

· SEC. 8. The council of any such city, when they order waterassess cost of pipe to be laid in connection with and as an extension of such kaying pipe on water-works, after the original construction thereof, may, with abutting prop- the concurrence of two thirds of all the members elected thereto, erty.

assess and levy the whole or any part of the costs and expenses of such water-pipe upon all the taxable property adjoining, abutting, or bounding upon any street, lane, alley, public road, block, square, or premises through which such water-pipe shall be laid, such assessment and levy to be made in the manner pointed out in section two thousand four hundred and thirty of said revised

statutes. Expenses to Sec. 9. The council of any such city shall, annually, until be paid by the receipts from the water-works are sufficient to defray the exannual levy penses of managing, conducting, and repairing the same, assess until receipts are sufficient

and levy upon the entire taxable property of the corporation such to meet them. tax as, together with said receipts, will provide for said expenses. Power of tax.

Sec. 10. The execution of the power of taxation conferred ation not re. by this act shall not be restricted by any limitation now placed by stricted by law on the amount of taxes which may be assessed and levied for limitations

municipal purposes, nor shall the council of any such city, or the now imposed by law.

trustees of such water-works, be governed in the execution hereof, or in the construction, enlargement, or extension of such waterworks, or in making changes therein, or in managing, conducting, or repairing the same, by section two thousand seven hundred and two of said revised statutes, but all other provisions of existing law relating to water-works, and not inconsistent with the terms of this act, shall remain unaffected thereby.

Sec. 11. This act shall take effect and be in force from and after its passage.

THOS. A. COWGILL, Speaker of the House of Representatives.

A. HICKENLOOPER,

President of the Senate. Passed January 18, 1881.

[Senate Bill No. 109.]

AN ACT
To amend section four hundred and thirty-seven of the revised statutes.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four hundred and thirty-seven of the act passed June 20, 1879, entitled "an act to revise and consolidate the general statutes of Ohio," be amended so as to read as follows:

Section 437. In lieu of the letting, and printing, and binding of the reports by the means aforesaid, the secretary of state,

when and as often as he is thereto authorized by resolution Secretary of of the general assembly, may contract with any responsible state to con

tract for print. person or firm to furnish the material and to print and bind

ing supreme in the manner in all respects, and with the expedition pro court reports. vided in this chapter, a sufficient number of copies of each volume of the reports to supply the state with three hundred and fifty copies at a cost not exceeding one dollar and fifty cents per volume, and the demand of the citizens of this state, at a cost not exceeding one dollar and seventy-five cents per volume, delivered Cost, etc. at some convenient point within the state; and, in addition thereto, to furnish the secretary promptly with a requisite number of advance sheets of such reports, as herein provided, for distribution as aforesaid, and the price per volume of the reports to any Price to citiperson or firm in this state shall not exceed the sum named in the zens of state contract with the secretary, for a period of twenty years; but not to exceed nothing in this chapter shall prevent the person or firm so con

contract price

for twenty tracting with the secretary from doing or causing the work to be

years. done outside the state of Ohio; and such person or firm so contracting shall enter into bonds to the state, with at least Bond of comthree good and sufficient sureties, residents of the state, to the tractor, satisfaction of the governor, in the sum of ten thousand dollars, conditioned for the printing and binding, as provided in this chapter, of such reports for the state, and for citizens thereof, on demand, at a cost named in such contract, and for the furnishing of such advance sheets for distribution, as aforesaid. Such contract shall not be for a longer period than two years; and such contractor shall have the sole and exclusive right to publish such reports, so far as the state can confer the same, during such period of two years, and shall be furnished with the manuscript to be printed, as provided in this chapter.

SEC. 2.' said original section four hundred and thirty-seven is hereby repealed, and this act shall take effect from and after its passage.

JOHN A. WILLIAMSON,
Speaker pro tem. of the House of Representatives.

R, G, RICHARDS,

President pro tem, of the Senate. Passed January 17, 1881.

[House Bill No. 215.]

AN ACT

To amend section six thousand eight kundred and forty-five of the revised

statutes.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six thousand eight hundred and forty-five of the revised statutes of Ohio be amended so as to read as follows:

Section 6845. A carrier, warehouseman, factor, storage, forwarding, or commission merchant, or manufacturer, or his clerk,

Embezzle- agent, or employe, who, with intent to defraud, sells, or in any ment by car

way disposes of, or applies or converts to his own use, any bill of rier, ware

lading, custom house permit, or warehouse keeper's receipt, inhouseman, commission

trusted to or possessed by him, or any property intrusted or conmerchant, etc. signed to him, or the proceeds of profits of any sale of such prop

erty, or fails to pay over such proceeds, deducting charges and usual or agreed commission, or the product of any property delivered to him to be manufactured, after deducting any compensa

tion to which he may be entitled as commission for the manufacEmbezzle. ture; and a consignor of any property, or his agent, not being ment by con- absolute owner thereof, and not having authority to stop, countersignors.

mand, or change the consignment thereof, or to sell or incumber the same during transit, who, with intent to defraud, after delivery thereof for transportation on any water-craft or vehicle, in any way way stops, countermands, or changes the consignment thereof, or sells, disposes of, or incumbers such property, or in any way converts the same to his own use, shall be imprisoned in the penitentiary not more than four years nor less than one year. [42 v. 49, $ 7; 50 v. 132, § 3; 71 v. 66, § 1.]

Sec. 2. Said original section is hereby repealed.

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

THOS. A. COWGILL, Speaker of the House of Representatives.

R. G. RICHARDS,

President pro tem. of the Senate. Passed January 25, 1881.

(House Bill No. 146.]

AN ACT

Causes for challenge of juror.

To amend section number five thousand one hundred and seventy-six of the

revised statutes of Ohio. Section 1. Be it enacted by the General Assembly of the State of Ohio, That section number five thousand one hundred and seventy-six of the revised statutes of Ohio be amended to read as follows:

Section 5176. The following shall be good cause for challenge to any person called as a juror for the trial of any cause :

1. That he has been convicted of a crime which by law renders him disqualified to serve on a jury.

2. That he has an interest in the cause.

3. That he has an action pending between him and either party

4. That he has formerly been a juror in the same cause.

5. That he is the employer, employe, counselor, agent, steward, or attorney of either party.

6. That he is subpoenaed in good faith in the cause as a wit7. That he is a kin to either party, or to his attorney.

ness.

8. That he is a party to another action then pending in the court, in which any attorney in the cause then on trial is an attorney, either for or against him.

9. That he, not being a regular juror of the term, has served once already as a talesman in the trial of any cause, in any court of record in the county within the preceding twelve months; and in either of said cases the same shall be considered as a principal challenge, and the validity thereof tried by the court.

Sec. 2. Said original section number five thousand one hun-
dred and seventy-six is hereby repealed.
Sec. 3. This act shall be in force from and after its passage.

THOS. A. COWGILL,
Speaker of the House of Representatives.

R. G. RICHARDS,

President pro tem, of the Senat Passed January 25, 1881.

[House Bill No. 546.]

AN ACT

To provide for deficiencies in state common school fund by anticipation of pay.

ment thereof hy drafts on county treasurers.

common

Section 1. Be it enacted by the General Assembly of the State of Ohio, That the following section be enacted as supplementary to section one hundred and fifty-nine and one hundred and sixty of the revised statutes of Ohio, with sectional numbering as herein provided : Section 160 (a). When he ascertains that the money in the

When state state treasury belonging to the state common school fund will probably be insufficient to pay the appropriations made payable out sch of that fund, he shall draw for the amount of the probable defi- deficient, ciency in favor of the treasurer of state on such county treasurers auditor of

state to draw and in such amounts as he deems proper to meet such deficiency,

on county and deliver the drafts to the treasurer of state, and take his re

treasurers for ceipt therefor, and charge the treasurer therewith; and the treas- amounts sufurer of state shall immediately proceed to collect such drafts, and ficient to meet the county treasurers shall pay the same if they have in their such defi

ciency. hands sufficient sums collected for state common school purposes to pay them; and such drafts, if paid, shall be evidence of the payment of the sums therein specified into the state treasury, and shall

, on delivery thereof to the auditor of state, be credited to the county treasurers, respectively, in their semi-annual settlement: provided, that the auditor of state shall not issue a draft upon a county treasurer for a sum in excess of what will be due

such county as its proportion of state common school fund, in accordance with section three thousand nine hundred and fifty-six of the revised statutes of Ohio. Sec. 2. This act shall take effect on its passage.

THOS. A. COWGILL, Speaker of the House of Representatives.

R. G. RICHARDS,

President pro tem. of the Senate. Passed January 25, 1881.

[House Bill No. 548.]

AN ACT

Making appropriations to meet deficiencies in the appropriations for the legis

lature and decennial board of equalization, for the year ending February 15, 1881.

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

For the Legislature. Salaries and mileage of the members of the general assembly, per diem of clerks, sergeant-at-arms, and employes, thirty-one thousand and seventy dollars, ($31,070).

For Decennial Board of Equalization. For officers, pages, and employes, one thousand dollars ($1,000). To pay mileage of members of board of equalization, thirty-eight dollars ($38).

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

THOS. A. COWGILL, Speaker of the House of Representatives.

R. G. RICHARDS,

President pro tem. of the Senate. Passed January 25, 1881.

[Senate Bill No. 194.]

AN ACT

To amend section four thousand two hundred and two of the revised statutes

of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four thousand two hundred and two of the revised statutes of Ohio be amended so as to read as follows:

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