purposes merely, without the intention of making such county, city, or incorporated village his home. 5. If a person remove to another state, with the intention Removal to of making it his permanent residence, he shall be considered another and held to have lost his residence in this state.. 6. If a person remove to another state with the intention of remaining there for an indefinite time, and as a place of present residence, he shall be considered and held to have lost his residence in this state, notwithstanding he may entertain an intention to return at some future period. 7. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention. 8. If a person shall go into another state, and while there exercise the right of a citizen by voting, he shall be considered and held to have lost his residence in this state. SECTION 2. That sections one, two, three, four, five, six, seven, eight, nine, and ten of said act, be and the same are hereby repealed. SECTION 3. This act shall be in force and take effect from and after its passage. Speaker pro tem. of the House of Representatives. JAMES A. NORTON, JABEZ W. FITCH, President of the Senate. state. Acquiring new resi dence. Voting in other states. Sections repealed. Passed February 27, 1878. [Substitute for H. B. No. 1.] AN ACT To amend sections one, three, four, five, ten, eleven, fourteen, sixteen, seventeen, eighteen, nineteen, twenty-two, twenty-three, twenty-five, twenty-seven, thirty-three, thirty-five, thirty-six, and thirty-eight of chapter two of the act entitled "an act to consolidate, revise, and amend the statutes relating to jails and the penitentiary, to be known as part two, title three, jails and penitentiary," passed May 5, 1877, (0 L, vol. 74), to add supplementary sections thirty-nine and forty to said chapter two, and to repeal said original sections one, three, four, five, ten, eleven, fourteen, sixteen, seventeen, eighteen, nineteen, twenty-two, twenty-three, twenty-five, twenty-seven, thirty-three, thirty-five, thirty-six, and thirty-eight. SECTION 1. (Original Section 1.) Be it enacted by the General Assembly of the State of Ohio, That said original section One be amended to read as follows: The government and management of the Ohio penitentiary shall be vested in a board of five directors, to be appointed, within ten days after the passage of this act, by the governor, by and with the advice and consent of the senate-one to hold his office until the first day of April, 1879; one to hold until the first day of April, 1880; one to hold until the first day of April, 1881; one to hold until the first day of April, 1882; one to hold until the first day of April, 1883, and until their successors are appointed and qualified; and thereafter, in the Board of fire directors how appointed. Term of office. Oath. Election of president and quorum of board. How the board to organize and to conduct business. Regular meetings of the board and inspections. Warden's accounts to be balanced monthly. Warden to appoint deputy and other officers. month of March of each year, the governor shall appoint, by and with the advice and consent of the senate, one member of the board of directors, who shall hold his office for the term of five years from the first day of April, next succeeding, and until his successor is appointed and qualified. Each director, before he enters upon the duties of his office. shall take and subscribe an oath or affirmation of office, which shall be endorsed on his commission. SECTION 2. (Original Section 3.) The directors shall, at their meeting in the month of May, in each year, elect one of their number president of the board. Three members of the board shall constitute a quorum for the transaction of business; and no order of the board shall be valid unless concurred in by at least three members, and entered on its journals. SECTION 3. (Original Section 4.) The board of directors, within ten days from their appointment, shall meet in the city of Columbus, and elect one of their number president of the board, to serve until the regular meeting in May thereafter, and shall appoint a warden, who shall hold his office for the term of three years from the first day of April after his appointment unless sooner removed by the directors, as provided in section twenty-one; also, a steward, a physician, à chaplain, a clerk, and when the business requires it, an assistant clerk, and an assistant deputy warden, who shall hold their offices for two years, unless sooner removed, as provided in section twenty-one. SECTION 4. (Original Section 5.) The directors shall meet at the penitentiary, on the first Tuesday of February, May, August, and November, and examine the books and accounts of the clerk and steward. At least three of the directors shall visit the prison in company, on the first Tuesday of each month, and examine all the different departments, and audit all claims against it; and an inspection of the prison shall be made at least once in each month, between the monthly meetings, by a director, on the order of the board. SECTION 5. (Original Section 10.) The warden shall balance his cash account each month, and report the same to the board, if in session, or at its first meeting thereafter; and on the fifth week day of each month, he shall furnish the auditor of state a detailed report of all his receipts during the preceding month, and shall pay into the state treasury so much of the funds in his hands as, in the opinion of the board, is not required for the current use of the penitentiary. SECTION 6. (Original Section 11.) The warden shall, by and with the consent of the board, appoint a deputy warden, assistant deputy warden, superintendents of the yard, kitchen, state shops and hospital, a captain of the nightwatch, and subject to the right of the board at any time, to order the number increased or diminished, as many guards as may be necessary, one from each county in the state upon sati-factory application, until the proper number shall have been appointed, who shall hold their offices for the term of two yea.s, unless sooner removed, as provided in section twenty one. s'eward. SECTION 7. (Original Section 14.) The steward shall pur- Duty of the chase all the forage, fuel and lights, and all supplies for the kitchen and hospital, and make all sales for the penitentiary, under the written orders of the warden, and subject to such rules and regulations as the board may prescribe. He shall file and preserve all such orders, and keep a full and accurate account of all purchases, and sales made by him, in books to be furnished by the board, or any member of the board; all other articles and supplies shall be purchased by order and under the direction of the board. SECTION 8. (Original Section 16.) All persons appointed by the board, or by the warden, by and with the consent of the board, shall take an oath of office, and enter into a bond to the state, that they will faithfully discharge the duties which devolve upon them; the bond of the warden to be in the sum of ten thousand dollars, with two good and sufficient freehold sureties, to be approved by the board and the attorney general; and the bond of the other appointees, with sureties to the satisfaction of the board, to be each in the sum specified, as follows; deputy warden and clerk, three thousand dollars; steward, five thousand dollars; captain of the night watch and superintendents, one thousand dollars, and guards, five hundred dollars. All such bonds shall be drawn by the attorney general, and be deposited with the treasurer of state. SECTION 9. (Original Section 17.) A director shall not be appointed to any other office under this chapter during the period for which he was appointed such director, nor shall any member of his family be appointed to any office or position under such board. SECTION 10. (Original Section 18.) No person shall be appointed to office, at the penitentiary, or be employed thereat on behalf of the state, who is a contractor, or the agent or the employé of a contractor, or who is interested directly or indirectly in any business carried on therein; and should any officer or employé become such contractor, his agent or employé, or interested in such business, it shall be cause for his removal; and no person who is not a citizen of Ohio, or less than twenty-one years of age, shall be appointed to any office in the penitentiary; nor shall any person be appointed to office, or employed by virtue of this chapter, who is in the habit of using intoxicating liquors, and a single act of intoxication shall justify a removal or discharge. SECTION 11. (Original Section 19.) No officer shall receive directly or indirectly any other compensation for his services than that herein prescribed, nor shall he receive any compensation whatever, directly or indirectly, for any act or Oats of office and bond. Directors in certain No contractor o person inter ested in business at the penitentiary shall be appointed to office there in. Officers shall not receive other comthan herein prescribed. pensation service, which he may do or perform, for or on behalf of any contractor, or agent, or employé of a contractor. An officer violating this section, shall be dismissed from his office, and a contractor or employé, or agent of a contractor, concerned in such violation, shall be expelled from the penitentiary, and not again permitted within it as a contractor, agent, or employé. SECTION 12. (Original Section 22.) The officers shall receive the following compensation: The directors in addition to their necessary traveling expenses, shall be paid the sum of three dollars a day, for the time necessarily employed in the discharge of their official duties; the warden eighteen hundred dollars a year; the deputy warden twelve hundred dollars a year; the clerk ten hundred dollars a year; the assistant clerk, at the discretion of the board, not exceeding one thousand dollars a year; the steward twelve hundred dollars a year; the physician, one thousand dollars a year; the chaplain ten hundred dollars a year; the assistant deputy warden, the superintendents of the yard, kitchen, state shops, and hospital, and officers in charge of guard room, seventy-five dollars each a calendar month; the male guards sixty-five dollars, and the female guards fifty dollars each a calendar month. The directors and officers shall be paid monthly out of the state treasury, on warrant of the auditor. SECTION 13. (Original Section 23.) No money shall be drawn from the treasury, except upon accounts, duly certified by the treasury. the warden, and approved by at least three directors. A duplicate of every such account shall be filed with the clerk. SECTION 14. (Original Section 25.) Visitors may be charged a reasonable sum for going through the prison, which sum shall be prescribed by the board. The warden shall procure suitable tickets, which shall be sold by the clerk, who shall keep an account of such sales, and pay the money to the warden daily. The guard at the door of the guard-room shall receive the tickets, and also keep an account of them in a book as they are received, and return them to the warden each day before the prison is closed. How money drawn from Visitors to be charged for admission. Hire of eon ized. SECTION 15. (Original Section 27.) To provide for hard labor victs author by each convict, according to his sentence, the board is authorized and required, to let and hire the labor of the convicts upon such branches of business, and for the manufacture of such articles as in its judgment will best accomplish that end, and subserve the interests of the state, which letting and hiring shall be as follows: Advertised before letting. 1. The letting shall be advertised by the warden in two of the newspapers published in Columbus, and in one each of the cities of Cleveland and Cincinnati, once a week for at least four weeks, and by such further notice as the board may direct. The advertisement shall specify the number of men to be let, the length of time, which shall not exceed five years, and the last day on which bids will be received. 2. The board, in its discretion, may designate what arti cles or class of articles shall be manufactured. 3. Each bidder may separately state in his bid what he What bids to will give for the labor bid for, with or without the exclusive right to manufacture the articles specified. 4. Each bid shall specify each class of articles proposed to be manufactured, and the number of square feet of shoproom which will be required. 5. Each bid shall be unconditional. 6. The price per day for each convict shall be specified; and if a different price per day be stated for different periods, each period and its price must be so stated that one may be accepted and the others rejected; but no bid shall be received, nor shall any contract be made, for a longer time than one year, for less than seventy cents per day, for the labor of each convict. nor shall the labor of convicts, excepting convicts during the first year of their sentence, cripples, females, minors and those disabled by disease or old age, or those entirely unskilled, be temporarily hired at less than that rate. 7. If the person bidding, desires to manufacture different dasses of articles, the labor to be employed on each class must be bid for separately. 8. Each bid must be accompanied by a bond, with sureties to the satisfaction of the board, that the bidder will comply with the terms of his bid, if it be accepted, which shall be sealed up, and addressed to the warden. 9. The bids shall be opened by the board at its next meeting, whether monthly or quarterly, after the last day specified for receiving the bids, and the labor shall be awarded to the highest bidder, subject to the following regulations: (a) As between bids which are for substantially the same price, the board may, in its discretion, give a preference to the one which, in its judgment, will best promote the interests of the state. (b) As between bids by the same party, one with and the other without the exclusive right to manufacture, the board may accept either. The board may reject all bids, if they are for less than fair and reasonable price for the labor bid for, and shall not be required, in any case, to apportion the labor advertised among the bidders, or any number of them. (d) Any bid may be rejected, if it be against the interest of the state, or the welfare of the convicts, to manufacture in the prison the articles specified. 10 When a bid is accepted, and labor awarded to the bidder, the directors, on the part of the state, and the bidder, shall enter into a contract in pursuance of the bid; and such bidder shall also procure a bond, to be executed to the satisfaction of the board, conditioned for the faithful performance of the contract on his part contain. Price per dag to be speci fied. Bid to be at companied by bond. When to be opened. Discretion are equal. Bids may be rejected. Contract to be made on bid taken. |