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Award of contract for

of determin. ing.

[House Bill No. 695.]

AN ACT

To amend section 321 of the revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three hundred and twenty-one be amended to read as follows:

Section 321. The commissioners of printing shall, within two days after the expiration of the term for receiving proposals as printing,mode aforesaid, proceed to open all such proposals by them received, and they shall, on careful examination and computation, award the contract for each class of printing to the lowest responsible bidder therefor; but should the commissioners be of the opinion there was collusion between the bidders, or the lowest proposal or proposals are too high, they may reject any or all bids, and readvertise for two weeks for proposals for such classes of printing as are not awarded, and proceed to relet said printing as is provided in this and the preceding section, or they may, if they think it to the best interests of the state, contract with any responsible party or parties, who file a bond or bonds for the execution of the work as provided in the preceding section; should the commissioners advertise the second time for proposals and they are satisfied there has been collusion between the bidders, or the lowest bid or bids are too high, they may reject any or all of such bids, if in their opinion it will be for the best interests of the state, and contract with any party or parties who file a bond or bonds as above provided for the execution of the class, or classes of printing not awarded. Nothing herein contained shall be construed so as to prevent the same person from becoming contractor for two or. more classes of the printing if he shall be the lowest bidder therefor. If two or more persons shall bid the same and the lowest price for any class or classes of the printing, the commissioners shall award the contract to such one or more of them as in their opinion will best subserve the interests of the state, having reference, however, to a division of the work, as far as practicable, among the several lowest bidders as aforesaid. If two or more bidders shall propose for the same contract, and the proposal of one shall be lower on composition, and that of another lower on presswork, then the commissioners shall make a strict computation, based on the work of the same class of printing of the preceding year, and assign the contract for such class to the lowest aggregate bidder, for such class as shall appear by such computa tion. All printing under this act must be executed within the state, and all appertaining to the first and fifth classes must be executed at the city of Columbus. The necessary expense of the transportation of paper, proof or printed sheets, to and from Columbus, shall be defrayed by the contractor.

SEC. 2. Original section three hundred and twenty-one is hereby repealed.

SEC. 3. This act shall take effect on its passage.

JOHN A. WILLIAMSON,

Speaker pro tem. of the House of Representatives.

R. G. RICHARDS,

President pro tem. of the Senate.

Passed April 18, 1881.

[House Bill No. 740.]

AN ACT

To supplement section 2673 of the revised statutes of Ohio.

SECTION 1. Be it enacted by the Gencral Assembly of the State of Ohio, That the following sections be enacted as supplementary to section 2673 of the revised statutes, with sectional numbering as follows, to wit:

Section 2673a. That the council of any city which has not a board of improvements, or board of public works, shall have power, three-fifths of all the members elected thereto agreeing, to sell or lease any real estate, and buildings thereon, owned by such city, and place the proceeds thereof to the credit of such fund as they may deem proper. Provided, that such sale or lease shall not be made until a regular annual election for councilman shall have been held in such city after public notice of such proposed sale or lease shall have been publicly proclaimed, and the newlyelected members having qualified and taken their seats.

Section 2673b. That it shall be the duty of the mayor, on the written application of two members of the council of such city, to give notice in two newspapers published, or of general circulation in such city, of the proposed lease or sale, for two weeks next preceding said election.

Section 2673c. If the council, by the required majority, pass an ordinance authorizing the sale or lease of such property, it shall be the duty of the mayor to execute the necessary lease or leases, deed or deeds.

SEC. 2. This act shall take effect and be in force 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.

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Passed April 18, 1881.

Embezzlement by officer, agent, employes,etc.,

how punished.

186, $6842.
Am.
82 v. 140.

[House Bill No. 312.]

AN ACT

To amend section 6842 of the revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State Ohio, That section 6842 of the revised statutes of Ohio be so amended as to read as follows:

away

Section 6842. An officer, attorney-at-law, agent, clerk, guardian, executor, administrator, servant, or employe of any person, except apprentices and persons under the age of eighteen years, who embezzles, or converts to his own use, or fraudulently takes, or makes with, or secretes, with intent to embezzle or convert to his own use, anything of value which shall come into his possession by virtue of his employment or appointment as such guardian, executor, or administrator; and an officer, elected or appointed to an office of public trust or profit in this state, and an agent, clerk, servant, or employe of such officer, or of a board of such officers, who embezzles or converts to his own use, or conceals with such intent anything of value that shall come into his possession, by virtue of his office or employment, is guilty of embezzlement, and shall be punished as for the larceny of the thing embezzled.

SEC. 2. Said original section 6842 is hereby repealed.

SEC. 3. This act shall take effect and be in force 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 April 18, 1881.

Fees of secre

tary of state.

[Substitute for Senate Bill No. 263.]

AN ACT

To amend section 148 of the revised statutes of Ohio.

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

Section 148. The secretary of state shall, except when required by state officers in the discharge of their official duties, collect the following fees for copies furnished from his office, to be paid by the persons applying therefor:

For a copy of any document or part thereof, ten cents per hundred words; for affixing seal of office to copies, fifty cents; for testing the registration of gas meter provers, to be paid by the persons requiring such service, five dollars for each meter prover tested. He shall keep a complete record of all fees collected in

his office and may retain of the fees so collected in any one year, a sum not to exceed one thousand dollars; and the balance he shall pay into the state treasury.

SEC. 2. Said original section 148 is hereby repealed, and 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 April 18, 1881.

[Senate Bill No. 333.]

AN ACT

To authorize the appointment of an assistant by the inspector of mines.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following be and the same is hereby made section 306a of the revised statutes of Ohio:

Section 306a. The inspector of mines may, with the approval Assistant of the governor, appoint an assistant, who shall be a practical mine inminer of not less than five years' experience, and who shall per- spector. form such duties as may be required by the inspector, and receive a salary at the rate of twelve hundred dollars ($1,200) per annum, and the inspector may, with the consent of the governor, remove such assistant at pleasure and appoint a successor, and may allow the assistant traveling expenses out of his contingent fund. 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 April 18, 1881.

[Senate Bill No. 383.]

AN ACT

To amend section twenty-eight hundred and seventy-two (2872) of the revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 2872, revised statutes, be amended so as to read as follows:

Section 2872. The county auditor, or his deputy, shall attend all such sales of delinquent lands and lots, made by the treasurer of his county, and shall make a record thereof in a substantial book, therein describing the several tracts of land and lots sold at

County auditor or deputy to attend sales

of delinquent lands.

To forward copy of record of sales to auditor of state.

said sale, as the same shall have been described in the advertisement aforesaid, and stating how much of each tract of land or lot was sold, and to whom sold; and if any tract or lot shall remain unsold for want of bidders, he shall so enter it in a substantial book kept for that purpose in the county auditor's office, to be designated the forfeited land record of said county; and the auditor shall make out and certify a copy of all lands forfeited at each annual delinquent tax-sale, and forward the same to the auditor of state each year at the time of making the settlement with the county treasurer, next after such sale.

SEC. 2. That original section 2872 be and the same is hereby repealed, and 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 April 18, 1881.

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[Senate Bill No. 431.]

AN ACT

To amend sections 2133 and 2134 of the revised statutes of Ohio.

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

Section 2133. The board of health may appoint such number of inspectors of milk and meat, and such number of inspectors of butter and cheese, and substances purporting to be butter or cheese, or having the semblance of butter or cheese, and as many market-masters and such other persons as may be necessary to carry out the provisions of this chapter, define their duties and fix their compensation; and such inspectors of milk shall keep, for public inspection, a record of the names and places of business of all persons engaged in the sale of milk.

Section 2134. All dairies, including the cows, cow-stables, milkhouses, and milk-vessels, the owners of which offer for sale within the limits of the corporation milk or butter manufactured by such owners, shall be subject to inspection by the inspectors, and also any manufactory of butter or cheese, or of substances having the semblance of butter or cheese, or places where such substances or either of them are sold, shall be subject to inspection by the inspectors; that officer may enter any place where milk is sold or kept for sale, and all carriages used for the conveyance of milk within the corporate limits; and also any manufactory or place where butter or cheese, or substances having the semblance of butter or cheese are manufactured, or any place where such substances are sold or kept for sale within the corporate limits; and whenever he has any reason to believe milk found therein

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