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be paid for out of the contingent funds at the disposal of such board of education.

SEC. 5. In case any parent, guardian, or other person, shall fail to comply with the provisions of this act, said parent, guardian, or other person shall be liable to a fine of not less than two dollars nor more than five dollars, for the first offense, nor less than five nor more than ten dollars for each and every subsequent offense. Such fine shall be collected by the township clerk, or in case the school district in which the offense is committed is situate within a municipal corporation. then by the clerk of the board of education of such corporation, in the name of the state of Ohio, in an action before any court having competent jurisdiction; and the fine so collected shall be paid to the county treasurer, and by him accounted for as other money raised for school purposes, and said money shall be applied to the use of the common school of the district in which such offense was committed.

Failure to comply with this act.

Duties of

SEC. 6. It shall be the duty of the township clerk, or the clerk of the board of education, as the case may be, as pro- clerks. vided for in sections five and seven of this act, to prosecute any offense occurring under this act, and such clerk, neglecting to prosecute for such fine within fifteen days after a written notice has been served on him (having been notified by affidavit setting forth the facts, by any member of the school board, or any tax-payer within the school district in which the offending party may reside), shall be liable to a fine of not less than ten nor more than twenty dollars, for each offense, such fine to be collected in the name of the state of Ohio, in an action before any court of competent jurisdiction, by any person feeling aggrieved thereby.

SEC. 7. Two weeks' attendance at a half-time or night
school, shall be considered within the meaning of this act,
equivalent to an attendance of one week at a day school.
SEC. 8. This act shall take effect and be in force from and
after the first day of September, 1877.

C. H. GROSVENOR,
Speaker of the House of Representatives.
H. W. CURTISS,
President of the Senate.

Passed March 20, 1877.

AN ACT

To amend section two of "An act to better provide for the organization, regulation, and management of hospitals for the insane," passed March 27, 1867 (Ó. L., vol. 73, p. 81).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two of an act to provide for the organization, regulation, and management of hospitals for the in

Cleveland hospital district.

Columbus hospital district.

Dayton hos

pital district.

Athens hos

sane, passed March 27, 1876, be amended so as to read as follows:

Section 2. The district for the Cleveland hospital for the insane shall be composed of the counties of Ashtabula, Trumbull, Mahoning, Columbiana, Stark, Portage, Geauga, Lake, Cuyahoga, Summit, Wayne, Medina, and Lorain. The district for the Columbus hospital for the insane shall be composed of the counties of Lucas, Ottawa, Wood, Sandusky, Erie, Huron, Seneca, Hancock, Wyandot, Crawford, Richland, Ashland, Hardin, Marion, Morrow, Knox, Holmes, Coshocton, Tuscarawas, Carroll, Jefferson, Harrison, Belmont, Muskingum, Licking, Delaware, Franklin, Pickaway, Madison, and Union. The district for the Dayton hospital for the insane shall be composed of the counties of Logan, Champaign, Clark, Williams, Fulton, Defiance, Henry, Paulding, Putnam, Fayette, Van Wert, Allen, Mercer, Auglaize, Shelby, Darke, Miami, Preble, Montgomery, Greene, Butler, Warren, Clinton, and Clermont. The district for the Athens

pital district. hospital for the insane shall be composed of the counties of Fairfield. Perry, Morgan, Noble, Monroe, Washington, Athens, Meigs, Gallia, Lawrence, Sciota, Jackson, Vinton, Hocking, Ross, Pike, Adams, Brown, Highland, and Guernsey: provided, that the transfer of inmates made necessary by this act need not be made until after June first, 1877.

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. H. W. CURTISS,

Passed March 20, 1877.

President of the Senate.

AN ACT

To provide for the procurement of dditional lands for cemetery purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any company incorporated under the laws of this state, for cemetery purposes, and limited thereby to the ownership by appropriation or otherwise to a designated number of acres of land for such purpose, may purchase, according to law, additional lands to the extent necessary for such purposes: provided, not more than fifty acres shall be purchased in any one year, and not more in the aggregate shall be so purchased and held by any such association than one hundred acres, as provided in section five of the act providing for the incorporation of cemetery associations, passed February 24, 1848.

SEC. 2. That any such company purchasing lands, as aforesaid, shall have authority to borrow money for the purpose, upon any stocks or securities owned by it, but shall not encumber the land so purchased by mortgage or otherwise.

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,

Passed March 20, 1877.

President of the Senate.

AN ACT

To amend section one of an act amendatory of an act entitled "An act to provide for the safety of persons attending public assemblies," passed April 13, 1865, amended May 12, 1868 (Swan and Sayler, page 635).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of an act amending an act entitled "An act to provide for the safety of persons attending public assemblies," passed April 13, 1865, and amended May 12, 1868, be so amended as to read as follows:

Section 1. That it shall be unlawful for any hall, theatre, opera-house, church, school-house, or building of any kind whatsoever, except in buildings where secret societies are held, in any city, or incorporated village, to be used for the assemblage of people, unless the same is provided with ample means for the safe and speedy egress of the persons therein assembled, in case of alarm, or to be so used when the doors affording exit therefrom are locked or barred, or when such doors shall open inwardly; provided, that all churches and school-houses already built, having a vestibule with outside doors opening inwardly, and inside doors opening outwardly, shall be considered to have complied with this act; provided, that such outside doors shall be kept open and securely fastened open during the time that persons are therein assembled; provided further, that when the assembly-rooms of said church are situated upon the ground-floor, with a sufficient number of low windows to secure safe and easy means of escape in case of alarm; in such cases the commission provided for in section two and three of the act of which this is amendatory, if, in their judgment, the means of egress are sufficient for the safety of persons therein assembled, shall grant the certificate provided for in section two of the act to which this is amendatory.

SEC. 2. That section one, passed May 12, 1868, of which this is amendatory, is hereby repealed.

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

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Safety and egress.

Churches

and assembly-rooms.

Passed March 22 1877.

President of the Senate.

Collection of tolls between toll-gates.

Consent of congress.

Vote on aсquiring the national road.

AN ACT

To amend section three (3) of an act entitled "An act to authorize the commissioners of the several counties in this state, through which the national road passes, to take under their care and control so much of said road as lies within the limits of such counties respectively," passed April 6, 1876, and took effect May, 15, 1876 (O. L., vol. 73, p, 105).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That original s ction three (3) of the above recited act be amended so as to read as follows:

Section 3. That said commissioners shall have power, if they deem it for the best interest of such road, to require the collection of toll from passers who may travel with horses and all kinds of carriages and wagons, between toll-gates, or between the county line and the nearest gate thereto, at the same rate per mile as may be charged for like travel on said road to persons traveling or hauling through the toll gates thereof, and said commissioners may make such rules and regulations with regard to the collection of such intermediate tolls as they may deem just and proper; provided, that when the consent of the congress of the United States shall have been obtained thereto, that the county commissioners of any county having a population under the last federal census of more than fifteen thousand six hundred, and less than fifteen thousand six hundred and fifty, shall have power, when they deem it for the best interest of the road, or the people whom the road accommodates, to submit to the legal voters of the county, at any regular or special election, the question, "Shall the national road be a free turnpike road?" and when the question is so submitted, and a majority of all those voting on said question shall vote "Yes," it shall be the duty of said commissioners to sell the gates, toll-houses, and any other property belonging to the road, to the highest bidder, the proceeds of the sale to be applied to the repair of the road, and declare so much of the road as lies within their county a free turnpike road, to be kept in repair in the way and manner provided by law for the repair of free turnpikes. SEC. 2. That section three (3) of the original 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.

Passed March 22, 1877.

H. W. CURTISS,
President of the Senate.

AN ACT

To amend section four of an act entitled "An act relating to roads and highways," passed March 9, 1868 (S. & S., p. 662).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four of an act entitled "An act relating

to roads and highways," passed March 9, 1868, be amended so as to read as follows:

Who shall

perform labor on roads.

Section 4. That all able bodied male persons, and all male persons able to perform, or cause to be performed, the labor herein required, who shall be between the ages of twentyone and fifty-five years on the first day of April of the same year, except persons permanently disabled in the military service of the United States, and any person who is now or Exemptions. shall hereafter become an acting member of any fire engine, hook and ladder, hose, or other company for the extinguishment of fire, or the protection of property at fires, now existing and under the control of the corporate authorities of any city or incorporated town or village within this state; or, of any such company which shall hereafter be organizea under and subject to the authorities of any city, town, or village aforesaid, and who receives no pay for such services during the time he may continue an active member of such company; and all other persons named in the act relating to fire companies, passed March 26, 1872 (O. L., vol. 69, p. 54), together with all active and contributing members of military companies and batteries organized under the laws of this state, shall be liable, annually, to do and perform two days' labor on the highways under the direction of the supervisor of the road district in which he shall reside; provided further, that if any person being warned, as hereinafter provided, shall pay to the supervisor in whose district he may reside, the sum of two and one-half dollars within three days after being notified by said supervisor, the same shall be received in lieu of the two days' labor, and shall be applied by the supervisor receiving the same to the improvements of the roads in his district, and accounted for as herein provided.

SEC. 2. That section four 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,

Warning and time.

Passed March 22, 1877.

President of the Senate.

AN ACT

To amend section three of "An act further providing for converting toll roads into free roads," passed May 3, 1873 (O. L., vol. 70, p. 255).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of an act entitled "An act further providing for converting toll roads into free roads," be amended so as to read as follows:

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