State examiners; appointment, salary, etc. Powers of auditor of state. Expense of maintaining and operating bureau; how paid. Expense of audit. SECTION 7. After the bureau of inspection and supervision shall have formulated and installed the system of uniform accounting in any or all classes of public offices, the auditor of state is hereby empowered to appoint additional assistants as required to administer the provisions of this act; said additional assistants shall be known as state examiners who shall each be paid five dollars per day for the time necessary to the performance of his duties, and in addition thereto his necessary expenses incurred. SECTION 8. (Powers of the auditor of state). The auditor of state, a deputy inspector and supervisor, and every state examiner shall have power by himself, or by any person legally appointed to perform the service, to examine into all financial affairs of every public office and officer, and shall make such an examination at least once a year. On every such examination inquiry shall be made as to the financial conditions and resources of the taxing body having jurisdiction over the appropriations disbursed by the office, whether the requirements of the constitution and statutory laws of the state, and the ordinances and orders of the taxing body have been properly complied with, and into the methods and accuracy of the accounts, and as to such other methods as the auditor of state may prescribe. The auditor of state, his deputies, every state examiner, and every person legally appointed to perform such service, shall have power to administer an oath to any person whose testimony may be required, on any such examination, and to compel the appearance and attendance of such person for the purpose of any such examination and investigation, and the production of books and papers. Willful false swearings in such examinations shall be perjury and shall be punishable as such. A report of each examination shall be made, and shall be a matter of record in the office of the auditor of state. SECTION 9. The expense of maintaining and operating the bureau herein provided for shall be paid by the several counties out of the general county fund, in proportion to their population as shown by federal census next preceding the levy hereby authorized, and the auditor of state is hereby authorized and empowered to levy upon, and collect from each county in the state its proportion of said expenses; said amount shall be paid semi-annually during the months of June and December of each year following the passage of this act, and shall in the aggregate be only sufficient to pay said expenses. The same shall be paid in vouchers of the auditor of state, and all funds received by the auditor of state on this account shall be covered into the state treasury to the credit of bureau of inspection and supervision account. SECTION IO. (Expense of audit). The expenses of auditing public accounts shall be paid by each taxing body for the auditing of all accounts under its jurisdiction, and the auditor of state is hereby authorized and empowered to levy and collect the same from each taxing body. Such amount shall be only sufficient to fully cover all expenses incurred on behalf of such audit, they shall be paid on vouchers rendered by the auditor of state, and all funds received by the auditor of state on this account shall be covered into the state treasury to the credit of the public audit expense account. SECTION II. This act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. F. B. ARCHER, Passed May 10, 1902. President of the Senate. [Senate Bill No. 223.] AN ACT To amend section 1 of an act entitled "An act to amend an act entitled an act relating to the posting of court calendars and legal notices in certain counties, as amended February 25, 1886, and May 9, 1894, 91 O. L., p. 208. Be it enacted by the General Assembly of the State of Ohio: courts of record. SECTION I. That section I of an act passed April 14, Provisions for 1884, and amended February 25, 1886, and amended May 9, 1894, 91 O. L., p. 208, entitled, "An act relating to the posting of court calendars and legal notices in certain counties," to be amended so as to read as follows: SECTION 1. In all counties of this state having a city of the first class or a city of the first grade of the second class, the judges of the courts of record in such counties, other than circuit court, shall jointly designate said daily law journal published in said county, wherein shall be published all calendars of the courts of record in said county, which calendars shall contain the numbers and titles of causes, and names of attorneys appearing therein, together with the motion dockets and also such particulars and notices respecting causes, as may be specified by said judges and every notice required to be published by any of said judges. And in all cases, proceedings, administrations of estates, assignments and matters pending to any of the courts of record of said county, wherein legal notices or advertisements are required by law to be published, the law journal designated as above shall once a week and on the same day of the week, publish an abstract of every such legal advertisement, provided, however, that the jurisdiction over or irregularity of proceeding trial or judgment, shall in no wise be affected by anything therein. court calen ΟΙ Publication of dars and legal notices in law journals. SECTION 2. Said section I of said act is hereby re- Repeals, etc. pealed and this act shall take effect and be in force on and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. F. B. ARCHER, Passed May 10, 1902. President of the Senate. Schools and attendance enforced. Attendance at Expense per capita. [House Bill No. 754.] AN ACT To amend section 4022a of the Revised Statutes of Ohio. Sec. 4022a. The board of education of any township nearest school. district, subdistrict, joint subdistrict, special or village district, within the state of Ohio, shall permit children of school age who reside further than one and one-half miles from the school where they have a legal residence under the school laws of Ohio, to attend the nearest subdistrict or joint subdistrict school; or the grades below the high school in special and village district schools; and where such children are under twelve years of age, boards of education of city districts of the first class shall permit them to attend the schools under their control and the per capita current expense of running the school in the district where such children attend, for the term so attending, shall, upon the demand of the board of education of such district, be paid by the board of education of the district where such children have a legal residence. The per capita cost of running the school in the subdistrict, joint subdistrict, special or village district, shall be the quotient produced by dividing the total current expense of running such school by the total enrollment of such district; but this shall not prohibit boards of education affected to enter into contract at a cost less than the per capita cost; provided, that in counties containing a city of the second grade of the first class and the first grade of the second class, any board of education of any township district located therein may, when in its opinion the same will be for the best interests of the pupils therein, temporarily suspend school in any subdistrict, and provide for the conveyance of said pupils to the school in the adjoining subdistrict most convenient for them respectively. Provided that nothing in this act shall be so construed as to require any pupil to procure the consent of the board of education in the district in which said pupil is entitled to attend under the provisions of this act, but the attendance as herein provided for shall be as a matter of right. Cuyahoga and Franklin counties. Repeals, etc. SECTION 2. Said original section 4022a of the Revised Statutes of Ohio is hereby repealed and this act shall take effect and be in force from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. Passed May 10, 1902. President of the Senate. 348G [House Bill No. 546.] AN ACT To amend section 3718a of the Revised Statutes of Ohio. Offenses against public policy: justices, Jurisdiction of police judges and mayors in prosecutions for adultera tion of food, etc., and for cruelty to children. animals or Judicial prosuch cases be ceedings in fore justices. Sec. 37184. Any justice of the peace, police judge, or mayor of any city or village, shall each have jurisdiction within his county, in all cases of violation of the laws to prevent the adulteration of food and drink, the adulteration or deception in the sale of dairy products, or any other foods, and drugs and medicines, and any violation of the law for the prevention of cruelty to animals or children, or under section 3140-2, 4364-24, 4364-25, 6984, 6984a of the Revised Statutes of Ohio. In any such prosecution where imprisonment may be a part of the punishment, if a trial by jury be not waived, the said justice of the peace shall, not less than three nor more than five days before the time fixed for trial, certify to the clerk of the court of common pleas of his county that such prosecution is pending before him. Thereupon said clerk shall proceed to draw, in the presence of representatives of both parties, from the jury wheel or box containing the names of persons selected to serve as petit jurors in the court of common pleas in said county, twenty ballots or names, which shall be drawn and counted in the same manner as for jurors in said court of common pleas. Said clerk shall forthwith certify the names so drawn to said justce of the peace, who, upon receipt thereof, shall issue to any constable of the county a venire containing such names to serve as jurors to try such case and make due return thereof. The jurors shall be subject to the same challenges as jurors are subject to in criminal cases, except capital cases, in the court of common pleas. If the venire of twenty names be exhausted without obtaining the required number to fill the panel, the justice shall fill the panel with talesmen in the manner provided for criminal cases in said court of common pleas. In all Costs. cases prosecuted under the provisions of this act, no costs shall be required to be advanced or be secured by any person or persons authorized under the law to prosecute such cases; and if the defendant be acquitted or discharged from custody, by nolle or otherwise, or if he be convicted and committed in default of paying fine and costs, all costs of such case shall be certified by said justice of the peace under oath to the county auditor, who, after correcting any errors in the same, shall issue a warrant on the county treasury, in favor of the person or persons to whom such costs and fees shall be paid. And in cases brought for any violation of law for the prevention of cruelty to animals or children, or under section 3140-2, 6984, 6984α or (7017-3) Revised Statutes of Ohio, any humane society or their agents may employ an attorney to prosecute the same, who shall be Attorney in for cruelty to animals or prosecuting children. Jurisdiction and power of constable in such cases; fees. and witnesses. paid for his services out of the county treasury in such sum as any judge of the court of common pleas or probate judge, within said county, or the county commissioners, may approve as just and reasonable. In pursuing or arresting any defendant and in subpoenaing the witnesses, the jurisdiction and powers of the constable or other court officer acting in such capacity, in all such cases, shall be the same as that of the sheriff of the county in criminal cases in the common pleas court, and he shall receive the same fees therefor as are allowed Fees of jurors said sheriff. Jurors in all such cases and witnesses subpoenaed in all such cases shall be entitled to like mileage and fees, as are allowed in criminal cases in the court of common pleas, and in all other respects, in so far as the same may be applicable, the procedure provided for in criminal cases in the common pleas court not otherwise inconAffidavit; what sistent herewith, shall be followed. And provided further, that where, in any such laws, after the first offense, a different punishment is provided for subsequent offenses, the information or affidavit, in order to avail the state of the benefit of such additional punishment, shall so charge that it is the second or subsequent offense, und unless such special charge is so made, the punishment shall in all cases be as of the first offense. All costs and moneys which are to be paid by the county treasurer as herein provided, shall be paid out of the general revenue fund of said county. to contain. New trial. Repeals, etc. Toledo university: And in any case prosecuted under the provisions of this section, a new trial, after a verdict of conviction, may be granted, for any of the reasons enumerated in section seventy-three hundred and fifty of the Revised Statutes, upon the written application of the defendant, filed within three days after the rendition of the verdict; provided that the causes enumerated in subdivision two, three and five of said section must be sustained by affidavits or other evidence showing their truth and may be controverted by like evidence. SECTION 2. That said original section 3718a be, and the same is hereby repealed, and this act shall take effect from and after its passage. W. S. MCKINNON, Speaker of the House of Representatives. F. B. ARCHER, Passed May 10, 1902. President of the Senate. 349G [House Bill No. 909.] AN ACT To amend section 4105 of the Revised Statutes of Ohio. |