same necessary, are hereby authorized and directed to enlarge the culvert under the canal, known as the Williams culvert, on the Millport level, in Pickaway county, to such a depth and size as the agricultural interests and the health of the locality may require; provided, that such enlargement is not to be made until a written agreement has been obtained from the lessees of the said canal, that they will not claim any damages resulting therefrom. Power of board of pub lic works to enlarge cul vert. Proviso. let contract. SEC. 2. The board of public works is hereby authorized Board may to let said work by contract to the lowest responsible bidder, or cause the same to be done under the supervision of some competent superintendent, as they may deem best for the interests of the state. SEC. 3. To enable the board of public works to carry into Appropriaeffect the provisions of this act, the sum of eleven hundred tion. dollars is hereby appropriated, to be paid out of the general revenue fund, on the certificate of said board. SEC. 4. 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, Passed May 7, 1877. AN ACT To amend section one of an act entitled "An act to authorize cities of the first class having a population of over one hundred and fifty thousand inhabitants, to pay certain claims," passed April 11, 1876 (O. L., vol. 76, p. 214). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above mentioned act be amended so as to read as follows: First class cities are authorized to pay for work done. Section 1. That all cities of the first class having a population of over one hundred and fifty thousand inhabitants at the last federal census, be and they are hereby authorized to pay all liabilities incurred by the board of improvements up to July 1, 1875, for work done, and repair and cleaning the streets of such city, not to exceed eighty thousand dollars; and the treasurer of such city is hereby authorized to City treaspay each of the commissioners appointed under the act above mentioned, after they shall have completed their work as such commissioners, the sum of not exceeding one hundred and fifty dollars, as compensation, out of said eighty thousand dollars. SEC. 2. Original section one of the above mentioned act, urer is authorized to pay. be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed May 7, 1877. H. W. CURTISS, AN ACT To repeal section six of an act entitled "An act supplementary to an act entitled an act for the assessment and taxation of property in this state, and for levying taxes thereon according to its true value in money," passed and took effect May 1, 1862 (S. & S., p. 767). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six of the above recited act, be and the same is hereby repealed. SEC. 2. This act shall take effect and be in force from and after its passage. Passed May 7, 1877. C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS, President of the Senate. Directors are authorized to AN ACT To amend section one of an act entitled "An act providing for the erection of new buildings at the Ohio penitentiary, and making partial appropriations for said institution for the year 1875, passed February 4, 1875. [O. L., vol. 72, page 26.1 SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of said act be amended so as to read as follows: Section 1. That the board of directors of the Ohio peniconstruct ad- tentiary are hereby authorized and required to cause to be ditional building. Board are required to use convict labor. erected, as soon as practicable, an additional building, of sufficient size to contain about five hundred modern cells, on the grounds now owned by the state and occupied by said penitentiary, and that they cause to be erected the said five hundred cells therein as soon as practicable, said cells to be not less than eight feet long, five feet wide, and eight feet high, in two rows. No part of said building or cells shall be let by contract, but said board of directors are hereby required to use convict labor in their construction as far as they can with advantage to the state. SEC. 2. That section one of the above named 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, H. W. CURTISS, President of the Senate. Passed May 7, 1877. AN ACT Relating to dower and the mode of fixing the value in money of dower estates. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all actions and proceedings for partition of real estate, when the same can not be divided and is ordered to be sold; and in all cases, actions, and proceedings for the sale of real estate by executors, administrators, and guardians, when the widow of any decedent being a party, has a dower interest therein, it shall be lawful for such widow to file her answer in such proceeding, and waive the assignment of dower by metes and bounds in said real estate, and ask the court to have such real estate sold free of dower, and to allow her in lieu thereof, such sum in money out of the proceeds of sale as the court may deem the just and reasonable value of her said dower interest therein. SEC. 2. That said answer of any such widow shall have the same force and effect, and shall be taken and held to be in all respects as a deed of release to the purchaser of such real estate, of the dower interest therein of such widow. SEC. 3. The guardian of any widow who has been adjudged insane, may appear and answer for her in all such actions, subject to the approval of the judge or court before whom or in which the action is pending, and the answer of such guardian shall have the same force and effect as if such widow answered personally; but such guardian shall be liable to such widow or her heirs for all damages or loss sustained by his fraud or collusion, notwithstanding the approval of the judge or court. SEC. 4. The act entitled "an act relating to dower, and the mode of fixing the value in money of dower estates," passed April 8, 1857 (O. L., 54, page 90; S. & C., page 622), is hereby repealed. SEC. 5. 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 of the Senate. Widow may request land to be sold free of dower. Court may allow sum of of money from proceeds of sales. Widow's request shall be held as release to purchaser. Guardian of judged inpear. widow ad sane may ap Liability of guardian in case of fraud, etc. Passed May 7, 1877. Construction of words "ditch, drain, or watercourse." Where it is necessary to construct more than one channel or branch. It may be done under one petition. When trustees may or AN ACT Supplementary to "An act to more effectually provide for locating, establishing, and constructing ditches, drains, and water-courses in townships, and to repeal certain acts therein named," passed April 18, 1874 [O. L., vol. 71, page 124.1 SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the words ditch, drain, and water-course, or either of them, as in the act to which this is supplementary, and as used in all other acts amendatory and supplementary to said original act, shall be held and understood to embrace and include, with or without being specially mentioned in the petition for a main or principal, ditch, drain or watercourse, any side, lateral, spur, or branch ditch, drain or water-course, necessary to be constructed, to secure the objects and purposes for which any main or principal ditch, drain or water-course may be constructed. SEC. 2. If it shall become necessary, by reason of islands or otherwise, in the establishment of a ditch, drain, or watercourse under the act to which this is supplementary, and under any acts amendatory and supplementary to said original act, to construct more than one channel or branch for the discharge or flow of water, in order to accomplish the ends and purposes for which a ditch, drain, or water-course, may be under said acts established and constructed, the same may be done in one proceeding and under one petition; and said trustees are authorized to make all necessary and proper orders to effectually accomplish the same. SEC. 3. If it shall be found necessary to protect any ditch, drain, or water-course constructed or to be constructed under der addition- said act to which this is supplementary, from being washed al work. out by high water, freshets, or otherwise, that any portion of the same shall be rip-rapped or otherwise protected by stone or timber, the said trustees, in their final order, may direct such additional work to be done, particularly describing its kind and character, and the particular place or places, and the sections on which the same shall be done, and by whom. SEC. 4. 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 of the Senate. Passed May 7, 1877. AN ACT For the prevention of trespassing upon railway trains and consequent injuries to minors and other persons. SECTION 1 Be it enacted by the General Assembly of the State of Ohio, That no minor or other person shall climb, jump, step, stand upon, cling to, or in any way attach himself to any locomotive, engine, or car, upon any part of the track of any railroad, unless in so doing he shall be acting in compliance with law, or by permission under the lawful rules and regulations of the corporation then managing such railroad. SEC. 2. That any person as aforesaid violating the provisions of the first section of this act shall, upon conviction thereof before any court having jurisdiction of such offense, be fined in any sum not exceeding twenty-five dollars, and may, by the court imposing such sentence, be committed to the jail of the county or such other place of imprisonment as may be provided, until such fine and the costs of prosecution shall be paid. SEC. 3. This act shall be in force and take effect from and after its passage. Passed May 7th, 1877. C. H. GROSVENOR, President of the Senate. AN ACT To permit certain cities to make a new contract for the furnishing of gas. Where cities of second class may enter into contract for supply of gas. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any city of the second class within this state, having at the last federal census a population of not more than eleven thousand and eighty-two, and not less than eleven thousand and eighty persons, is hereby authorized and empowered, through its said city council, at any time within the period of one year previous to the expiration of the then existing contract for the furnishing of the city and citizens thereof with gas, to enter into a new contract with any good and responsible corporation, party, or parties, including the existing company, for furnishing the city and citizens with gas for a term of years not exceeding ten, said contract to take effect and be in full force at and after the expiration of the contract in force at the time the new contract was made: provided, that at the time a new contract Proviso. is made previous to the expiration of a contract in force, the price per one thousand cubic feet of gas shall be less than the price charged for the same number of feet under the contract now in force. SEC. 2. Before proceeding to make said contract, the city Duty of city council of such city shall, by ordinance or resolution, determine that said new contract is expedient and necessary for the interests of said city, and shall, by ordinance or resolution, provide for the making of said new contract, by ad council. |