When guardian to be appointed by court. Notice to be served on party, etc.; sale thereafter invalid. When guardianship shall terminate. AN ACT To provide for the appointment of guardians of habitual drunkards, and prescribing the duties of such guardians. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the court of common pleas, or any judge thereof, in vacation, upon satisfactory proof that any person, resident of the county wherein the application may be made, is incapable of taking care of and preserving his or her property, by reason of intemperance or habitual drunkenness, shall forthwith appoint a guardian of the property of such person, which guardian shall, by virtue of such appointment, be guardian also of the minor child or children of his ward, in case no other be appointed; and all laws relating to guardians for minors and their wards, and all laws pointing out the qualifications, duties, rights and liabilities of such guardians, and their sureties, in force for the time being, shall be applicable to the guardians contemplated by this act: vided, however, that in case there shall be no judge of the court of common pleas in the county where such intemperate person or habitual drunkard may reside, the probate judge of the county may make such appointment. Pro SEC. 2. At least five, but not more than ten, days prior to the time when the application for the appointment of the guardian authorized by the foregoing section shall be made, a notice, in writing, setting forth the time and place of the hearing of the application, shall be served upon the person for whose property such appointment may be sought; and from the time of the service of such notice until the hearing, or the day thereof, as to all persons having notice of such proceeding, no sale, gift, conveyance, or incumbrance, of the property of such intemperate person or habitual drunkard, shall be valid. SEC. 3. The court of common pleas may, at any regular or adjourned term thereof, for the county where the person for whose property such guardian shall have been appointed, upon reasonable notice to such guardian, and satisfactory proof that the necessity for such guardian no longer exists, order that the relation of guardian and ward terminate, and that the ward be restored to the full control of his property, as before the appointment authorized by the first section of this act. SEC. 4. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the President of the Senate. Passed January 5, 1871.* AN ACT Making appropriations for pay of members and officers of the General Assembly. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there is hereby appropriated out of any money in the treasury for general revenue purposes, not otherwise appropriated, to pay the members of the general assembly, their clerks, assistant clerks, sergeants-at-arms, assistant sergeants-at arms and messengers, under resolutions of the senate and house, and the laws, fifteen (15) thousand dollars. SEC. 2. This act to take effect from and after its passage. Speaker of the House of Representatives. Members and officers of the general assembly. Passed January 7, 1871. President of the Senate. AN ACT To amend sections 7, 15 and 29 of an act entitled "An act to regulate and govern the Ohio Penitentiary,” passed April 1, 1867, (S. & S., p. 512). Officers ap pointed by board. by warden. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 7, 15 and 29 of the act entitled an act to regulate and govern the Ohio Penitentiary, passed April 1, 1867, be amended so as to read as follows: Section 7. The board shall appoint a clerk, a steward, a physician, a chaplain; and, when business requires it, an assistant clerk. And the warden, by and with the advice and consent of the board, shall appoint a deputy warden; and the warden shall appoint superintendents of the yard, kitchen, state shops and hospital; a captain of the night watch, and as many guards as may be necessary, subject to the right of the board at any time to order the number increased or diminished. All persons so appointed shall take an oath of office, Oath and and except the female guards, enter into a bond to the state, with sureties to the satisfaction of the board that they will faithfully discharge the duties which devolve upon them; the deputy warden and clerk in the sum of three thousand dollars each, the steward in the sum of five thousand dollars, the assistant clerk in the sum of one thousand dollars, the superintendent and captain of the night watch, each in the sum of six hundred dollars, and the guards each in the sum of five hundred dollars. Each of said persons shall discharge Duties. the duties pertaining to his position under the direction of the warden, and in pursuauce of the rules and regulations bonds. Term of office. Compensation of officers and employes. Rules regu lating treatment of prisoners, etc. Insane or lunatic convicts. of the board and of this act. All officers appointed under the provisions of this section, shall hold their offices for the period of two years, unless sooner removed, as provided in section thirteen of the act to which this is amendatory. Section 15. The officers and employes shall receive the following compensation, to-wit: The directors, in addition to their necessary traveling expenses, shall be paid the sum of five dollars per day for the time necessarily employed in the discharge of their official duties; the warden, two thousand dollars each year; the deputy warden, eighteen hundred dollars each year; the clerk, fifteen hundred dollars each year; the assistant clerk, in the discretion of the board, not exceeding one thousand dollars each year; the steward, fifteen hundred dollars each year; the physician, one thousand dollars each year; the chaplain, fifteen hundred dollars each year; the superintendents of the yard, kitchen, state shops and hospital, and officer in charge of the guard room, seventy-five dollars each per calender month; the captain of the night watch, one hundred dollars each per calender month; the male guards, sixty-five dollars, and the female guards, fifty dollars per each calender month. The directors shall be paid quarterly, and the other officers and employes monthly, out of the treasury of the state, on the warrant of the auditor. Section 29. In the treatment of the prisoners, the following general rules shall be observed: 1. Each convict shall be provided with a bed of straw, or other suitable material, and sufficient covering, with gar ments of coarse material, and with sufficient plain and wholesome food, and such variety as may be most conducive to health. 2. If any prisoner is sentenced to solitary confinement, the sentence shall be executed, subject to the right of the board to modify it so far as may be necessary to prevent any serious injury to health. No unnecessary labor shall be required of any convict on Sunday. 3. No punishment shall be inflicted except by the order and under the direction of the warden or deputy warden. 4. All money in the possession of a prisoner, when he is delivered at the penitentiary, shall be properly entered on the clerk's books, and if not otherwise disposed of by the prisoner shall be deposited in the treasury by the warden, with other funds in his hands. 5. The rules and regulations prescribing the duties of and obligations of the prisoners shall be printed and hung up in each cell and shop. 6. Each convict, when he leaves the penitentiary, shall be supplied with a suit of citizen's clothes, with the money taken from him when he entered, and which has not been disposed of by his order, and what he may have earned by good behavior and diligent labor. Before discharging any convict who may be insane or lunatic at the time of the expiration of his sentence, the warden shall first give notice, in writing, to the probate judge of the county from which such convict was sent, of the fact of such insanity or lunacy; whereupon said judge shall forthwith issue his warrant to the sheriff of such county, commanding him to remove such insane or lunatic convict, and return him to said county. Upon the receipt of such warrant, it shall be the duty of said sheriff to whom it is directed to execute the same forthwith, and return the same to the probate judge by whom it was issued; and thereupon the said probate judge shall immediately order such insane or lunatic person to be confined and provided for as directed by the 25th section of an act, entitled an act to provide for the uniform government and better regulation of the lunatic asylums of the state, and the care of idiots and the insane, passed April 7, 1856; and the sheriff shall receive the same compensation as for transferring a prisoner to the penitentiary, and the auditor of the county shall draw an order upon the county treasurer for the amount. If any such probate judge, after having been so notified by the warden, shall neglect to issue his warrant as herein provided, or any such sheriff shall neglect to remove such insane or lunatic convict, as required by the provisions of this section, it shall be the duty of the warden to cause such insane or lunatic convict to be removed and returned to the county from which he was sent, in charge of an officer of the penitentiary, or some other suitable person; and the cost of such removal shall be paid out of the county treasury in the same manner as when removed by the sheriff as herein provided. SEC. 2. That sections seven, fifteen and twenty-nine, of the above recited act, be and the same are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. A. J. CUNNINGHAM, Speaker of the House of Representatives. Sections re pealed. Passed January 7, 1871. President of the Senate. AN ACT To amend section thirty-five of an act providing for the SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section thirty-five of an act providing for the punishment of crimes, passed March 7, 1835, be amended so as to read as follows: Section 35. That if any of the assistants, guards, or other officers of the penitentiary, or any other person than a convict, shall procure, aid or abet any of the convicts confined Penalty of guards assisting escapes. Repeal. therein to escape therefrom, or shall induce or attempt to induce, or persuade, or attempt to persuade, any of the convicts therein to escape, or attempt to escape, every person so offending shall, upon conviction thereof, be imprisoned in the penitentiary, and kept at hard labor for any space of time not greater than the convict thus procured, aided or abetted to escape, or induced, or attempted to be induced, or persuaded, or attempted to be persuaded, to escape, was originally sentenced for. Or, if any person or persons, without the consent of the warden or deputy warden, or in the discharge of his or their duty as an employe of said penitentiary, shall convey, or attempt to convey, or shall aid, abet, or procure to be conveyed, or attempted to be conveyed, to any convict therein, any weapon, ammunition, tool, or material of any kind, he or they shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the penitentiary for a term of time of not less than two, nor more than ten years. SEC. 2. That section thirty-five of said act be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Speaker of the House of Representatives. A. J. CUNNINGHAM, President of the Senate. Passed January 13, 1871. Additional powers conferred. AN ACT Supplementary to an act to amend section one of an act entitled "an act supplementary to an act entitled an act to provide a Board of Commissioners to examine certain Military Claims, and making an appropriaton for their payment," passed April 11, 1865. O. L. vol. 63, page 157; O. L. vol. 65, page 134. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in addition to the claims specified and enumerated in the first section of said act of May 5, 1868, said board shall have power to examine, adjust and allow, as in said act specified, the following: Claims of sheriffs of the several counties of this state for enrolling the militia and calling out the militia under the direction of the governor of this state, including all their legitimate expenses therewith connected; the claims of citizens of this state for gathering together and storing and preserving the public arms under the direction of the quartermaster general of this state during the late rebellion. |