Same. Order of township trustees. Township roads de clared public highways. dered to be paid out of the county treasury, before the appeal, the auditor shall forthwith record, in the proper book, the final decision of said court in the premises, with all reports, plats, field notes, or other matters appearing in said township necessary to a right understanding of the same, and note in said book the date of such recording, and thenceforth the said road shall be established, vacated or altered, as the case may be; and he shall issue the necessary orders for the payment of the damages. But if the damages so assessed exceed, in the aggregate, the amount ordered to be paid out of the county treasury as aforesaid, the auditor shall lay said papers and transcript before the county commissioners at their next session, who may thereupon establish such road or alteration, and order the damages to be paid out of the county treasury, or refuse to establish the same unless the damages, or such portion thereof as they shall require, be paid, within such time as they shall designate by the petitioners. SEC. 17. If the appeal from the county commissioners was under the tenth section of this act, and the damages assessed in that court in favor of all the appellants, shall not, together with the damages awarded to claimants who did not appeal, exceed the amount which the commissioners had, before the appeal, ordered to be paid out of the county treasury, the auditor shall issue the necessary orders for the payment of all said damages; and the road, or alteration, shall be considered as established from the date of the final order in the probate court. But if the assessments in the probate court, with the damages awarded to claimants not appealing, shall exceed the amount so ordered to be paid out of the county treasury by the commissioners, the auditor shall lay the papers and transcripts, received from the probate judge, before the commissioners at their next session and they shall act upon the same as in the case mentioned in the preceding section: provided, however, that it shall be lawful for the commissioners, if, in their opinion, a part only of a road will be of public utility, to record and establish such useful part, and reject the residue: provided such division can be made without affecting the rights of any person entitled to damages. SEC. 18. The township clerk receiving a transcript from the probate judge as aforesaid, shall lay it before the township trustees, and they shall make an order in conformity with the decision of the probate court SEC. 19. All township roads heretofore or hereafter established, are hereby declared to be public highways; but nothing herein shall be construed to require them to be established or altered at the public expense, or to be kept in repair at the public expense, further than is provided by the act to which this is an amendment. SEC. 20. The final decision of the probate court made under the provisions of this act, or the act to which this is an amendment, may be reviewed, upon a petition in error, by the court of common pleas of the proper county; but shall not be reversed for any defect in form if found to be substantially correct. Upon a reversal, the court of common pleas shall have power to award a writ of procedendo, when deemed necessary. Error to com mon pleas. SEC. 21. For their services required by this act, or the act to which this is an amendment, the officers therein men- Fees. tioned or referred to, shall each be entitled to the same fees as they are entitled to by law for like services in other cases. The person or persons appointed to show premises to a jury as provided in the eleventh section of this act, shall receive such compensation, to be taxed in the cost bill, as the court shall direct. SEC. 22. That section two of the act to which this is amendatory, be so amended as to read as follows: SEc. 2. That all applications for laying out, altering or vacating any county road, or for altering or vacating any state road within the county, shall be by petition to the county commissioners, signed by at least twelve free holders of the county, residing in the vicinity where said road is to be laid out, viewed, reviewed, altered or vacated, and one or more of the signers to any petition presented as aforesaid, shall enter into bond with sufficient security, payable to the state of Ohio for the use of the county, conditioned that the person or persons making such application shall pay into the treasury of the county the amount of all costs and expenses accruing thereon in case the prayer of said petitioners shall not be granted, or when the proceedings had in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a liability shall have accrued, the auditor of the county shall deliver such bond to the prosecuting attorney, whose duty it shall be to collect and pay over the same to the county treasurer, and in all cases of contest the court having jurisdiction of the case shall have full power to render judgment for costs according to justice between the parties. SEC. 23. That the third section of said act be and is Sec. amended. Petition. hereby so amended as to read as follows: SECTION 3. That Same. Sections repealed. SEC. 24. The second, third, eighteenth, twentieth, twentyfirst, twenty-second, twenty-third, twenty-fourth, twentyfifth and twenty-sixth sections of the act to which this is an amendment are hereby repealed. N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD, President of the Senate. April 8, 1856. Directors of penitentiary, appointment and term of office. AN ACT Providing for the appointment of officers of the Ohio Penitentiary, fixing their compensations, prescribing their duties, and determining the manner of working convicts. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be appointed by the Governor, by and with the advice and consent of the Senate, five directors of the Ohio Penitentiary-two of whom only shall reside in the city of Columbus, and one other of whom shall reside within fifty miles of the city of Columbus, and one of whom shall hold his office for the term of two years, two for the term of four years, and two for the term of six years, and until their successors are chosen and qualified; but no person shall be eligible to the office of director who is a contractor in the penitentiary, or who is interested, either directly or indirectly, in any branch of business carried on in said institution; and should any director become so interested during his term of office, it shall be good cause for his removal; and upon information given of such fact, or for other cause which in the opinion of the governor is sufficient, the governor is hereby authorized and required to remove such director; which removal and the reasons therefor, he shall cause to be entered upon the journals of the penitentiary, and shall report the same to the next session of the General Assembly. The said directors first appointed shall hold their office according to the rotation in which their names are presented to the Senate. The first named for two years, the two next for four years, and the two others for six years and all subsequent appointments shall be for the term of six years-each of whom before entering upon the duties of his office, shall take and subscribe an oath or affirmation, to support the constitution of the United States and of the State of Ohio, and to faithfully and diligently discharge the duties of such director. In case of a vacancy by death, resignation or otherwise, the same shall be filled by the governor until the next meeting of the General Assembly. Said directors to receive three dollars per diem for the time actually employed in the discharge of their duties, and actual traveling expenses, to be paid out of the treasury of the state on the certificate of the warden that said services have been performed. SEC. 2. At the first meeting of the board of directors un- President. der this act, they shall choose one of their number as president of the board, who shall hold his office for two years, and after the expiration of the term for which he was so elected, the board of directors shall again elect one of their number as president, and biennially thereafter. The three directors who reside in or near the city of Columbus, shall constitute a board of inspectors whose especial duty it shall be Board of into visit the institution, together, every two weeks; when spectors. they shall examine the workshops, cells, rooms and the books, and vouchers of the warden, and enter the result of their investigations in a book called a journal, to be provided for that purpose. It shall also be the duty of the inspectors to hear and examine into any complaints of any of the prisoners and to give the warden such counsel and instruction as they may deem proper. It shall also be the duty of the inspectors, or any number of them, to repair to the prison in any emergency when called upon by the warden, and to render him such aid and support as they may think needful. It shall be the duty of all the directors to meet at the office of the penitentiary once in three months, to make a quarterly settlement of the accounts of the warden, and inspect Settlement of the various departments and shops of the institution and accounts. record the result of their investigations in the journal, signed by each member present if all shall be agreed. If otherwise, the opinions of the dissenting members shall go on record. Oath and SEC. 3. The directors shall appoint a warden, who shall Warden. hold his office for the term of two years unless sooner removed by the directors; but in case of removal the reasons therefor shall be entered on the journal of the institution. The warden shall take an oath or affirmation faithfully to discharge the duties of his office, and give bond to the State bond. of Ohio in the sum of ten thousand dollars, with at least two good and sufficient freehold sureties to be approved by the directors; conditioned for the faithful performance of the duties which are hereby or which may, from time to time, by law, be required of him, which said bonds shall be deposited with the treasurer of state. The warden, by and with the advice and consent of the directors, shall have power to appoint a deputy warden, clerk, and such number of assis- Assistants. Physician. Salaries of officers. No perqui sites allowed. Penalty for receiving reward from contractors. tant keepers as the directors may deem necessary; all of whom shall be men of good moral character, and shall take an oath or affirmation faithfully to discharge their duties and give bonds to the State of Ohio: the clerk and deputy warden in the sum of three thousand dollars each, and the assistant keepers in the sum of five hundred dollars each, with security to be approved by the directors, which bonds shall be deposited with the treasurer of state. The securities to be given by the warden, the deputy warden and clerk, shall be persons other than contractors, or in any manner interested in the business carried on in the prison. All the above officers shall be subject to such by-laws and rules as may be prescribed by the directors for the government of the prison. The directors shall also appoint a physician who shall reside near the penitentiary, and whose duty it shall be to attend to all cases of sickness among the convicts, visit the prison at least once each day, and have a general sanitary oversight of the prison; and shall communicate to the directors at each general meeting on the general character of the health of the prisoners during the preceding three months, with such suggestions in regard thereto as he may deem necessary-which communications shall be entered on the journal. The physician shall receive for his services a sum not exceeding seven hundred dollars per annum. SEC. 4. The warden shall receive an annual compensation for his services not exceeding twelve hundred dollars to be fixed by the board of directors. The clerk shall receive an annual compensation for his services not exceeding eight hundred dollars. The deputy warden shall receive an annual compensation for his services not exceeding seven hundred dollars. And each assistant keeper employed shall receive a compensation not exceeding forty dollars per month, except those assistant keepers who have the immediate charge of the prisoners in the workshops and kitchen; also the night watch, who may receive forty-five dollars per month to be determined by the directors. That no person so employed shall be entitled to or shall be permitted to receive any perquisites in the shape of board or provisions, carriage or horses, or care or maintenance of the same, either for themselves or families-or shall be permitted to receive any compensation or reward of any description from contractors. And if any person so employed shall receive any compensation or reward of any description, from any contractor, to promote the interest or advantage of such contractor; or shall make use of any property of any description belonging to the penitentiary, for their own private purposes unless the same shall have first been paid for or charged on the regular books in the office of the institution at a price agreed on with the warden and directors, such person shall be deemed guilty of a misdemeanor, and upon con |