Heir-looms, keepsakes, &c. him. In all cases where the property replevied consists of heir-looms, personal keepsakes or other article of property, the value of which consists, in whole or in part, in its being a relic, model, gift, family picture, painting, or rare production of art or nature, and not wholly in its general marketable character, the constable shall retain and safely keep the same, subject to the order of the court; provided the defendant, his agent or attorney, shall, on or before the time named in the summons for trial, file his motion in writing with the justice of the peace (which said motion shall be heard and determined before the trial, or before the said justice shall certify the proceedings to the court of common pleas, as provided in section one hundred and forty-five of said act), for an order requiring the constable to retain said property, subject to the final order of the court; provided, further, that in case the defendant does not file said motion, or the court, upon application of either party, refuses to order the constable to retain said property, for the reason that it does not belong to one or more of the kinds of personal property aforesaid, the constable shall deliver said property to the plaintiff, his agent or attorney, upon the execution of an undertaking as hereinbefore provided, within one day after the expiration of the time for filing said motion, or in case said motion is filed within one day after the refusal of the justice to order the constable to retain the property as aforesaid; and, provided further, in case the appraised value of the property exceeds three hundred dollars, or in case an appeal is taken from the final judgment and order of the justice of the peace, the said justice shall order the constable to turn over the property in his possession to the sheriff of his county, to be by said sheriff held as in like cases originating in the court of common pleas. SEC. 2. That section one hundred and forty-seven of said act, as amended April 17, 1867, be so amended as to read as follows: Trial of right Section 147. In all cases where judgment is rendered of property. against the plaintiff, or if he otherwise fail to prosecute his action to final judgment, the justice shall, on application of the defendant or his attorney, impannel a jury to inquire into the right of property, and right of possession of the defendant to the property taken. If the jury shall be satisfied the said property was the property of the defendant at the commencement of the action, or if they find that the defendant was entitled to the possession only of the same at such time, then, and in either case, they shall assess such damages for the defendant as are right and proper, for which, with costs of suit, the justice shall render judgment for the defendant, and the justice shall also order any property in the possession of the constable to be delivered to the defendant. Finding of jury, costs, &c. SEC. 3. That section one hundred and forty-eight of said act, as amended April 17, 1867, be so amended as to read as follows: Section 148. In all cases where the property has been delivered to the plaintiff, when the jury shall find for the defendant, they shall also find whether the defendant had the right of property, or the right of possession only, at the commencement of the suit; and if they find either in his favor, they shall assess such damages as they think right and proper for the defendant, for which, with costs of suit, Right of pos the court shall render judgment for the defendant. In all session. cases where property remains in the hands of the constable, as herein before provided, the jury shall find which party had the right of property and right of possession, or right of possession only at the commencement of the suit; and if they find either in favor of the plaintiff or defendant, they shall assess such damages as they think right and proper for the prevailing party, for which, with costs of suit, the court shall render judgment, and also order the constable to deliver such property to the party in whose favor judgment is rendered. SEC. 4. That sections one hundred and forty-three, one hundred and forty-seven, and one hundred and forty-eight of said act, as amended April 17, 1867, be and the same are hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. President pro tem. of the Senate. Sections repealed. Passed May 5, 1868. AN ACT Supplementary to the "act to provide for the organization of cities and incorporated villages," passed May 3, 1852. (S. & C. 1493.) Cities may borrow money to pay for lands taken for school purposes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any city of the first class having a population less than one hundred thousand inhabitants, for the purpose of paying for lands which have been or may hereafter be purchased or appropriated by such city for school house sites or grounds, and for the purposes of erecting suitable school buildings thereon, shall have the power to borrow money in any sum not exceeding two hundred thousand dollars, at such rate of interest as the city council thereof may deem proper, not exceeding six per cent. per aunum, payable semiannually; and for the purpose of effecting such loan, the city council of such city shall have the power to pledge the faith of such city for the payment of both principal and interest, tax, &c. including the power to levy a tax for the payment of the same whenever due, and to make and execute such bonds or other evidences of debt, and payable at such times and places as shall be agreed upon by the parties contracting, which said 10-LAWS. and levy a bonds or other evidences of debt may be made transferable and redeemable in such form and at such times and places as may therein be designated or prescribed. SEC. 2. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. President pro tem. of the Senate. Passed May 5, 1868. Who may not practice medicine. Proviso. Penalty for violation. Dentists excepted. AN ACT To protect the citizens of Ohio from empiricism, and elevate the standing of the medical profession. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any person within the limits of said state, who has not attended two full courses of instruction and graduated at some school of medicine, either of the United States or some foreign country, or who cannot produce a certificate of qualification from some state or county medical society, and is not a person of good moral character, to practice medicine in any of its departments for reward or compensation, or attempt to practice medicine, or prescribe medicine or medicines, for reward or compensation, for any sick person within the said state of Ohio; provided, that in all cases when any person has been continuously engaged in the practice of medicine for a period of ten years or more, he shall be considered to have complied with the provisions of this act, and that where persons have been in continuous practice of medicine for five years or more, they shall be allowed two years in which to comply with such provisions. SEC. 2. Any person living in the state of Ohio, or any person coming into said state, who shall practice medicine, or attempt to practice medicine in any of its departments, or perform or attempt to perform any surgical operation upon any person within the limits of said state, in violation of section one of this act, shall, upon conviction thereof, be fined not less than fifty nor more than one hundred dollars for such offense, and upon conviction for a second violation of this act, shall, in addition to the above fine, be imprisoned in the county jail of the county in which said offense shall have been committed, for the term of thirty days, and in no case wherein this act shall have been violated, shall any person so violating receive a compensation for services rendered; provided, that nothing herein contained shall in any way be construed to apply to any person practicing dentistry. SEC. 3. This act shall take effect and be in force on and after the 1st day of October, 1868. F. W. THORNHILL, Speaker pro tem. of the House of Representatives. T. J. GODFREY, President pro tem. of the Senate. Passed May 5, 1868. AN ACT To amend section 21 of an "act to provide for the organization of cities and incorporated villages," passed May 3, 1852. (S. & C., vol. 2, p. 1493.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty-one of the above recited act be so amended as to read as follows: Section 21. They shall have power to provide for the regular building of houses, to make regulations for the purpose of guarding against fires, and the damages and accidents resulting therefrom, and on petition of the owners of not less than two-thirds of the ground included in any square to prohibit the erection in any such square, of any building or of any addition to any building more than ten feet high, unless the outer walls thereof be made of brick and mo.tar or of iron or stone and mortar, and provide for the remova any buildings or additions erected contrary to such prohibition; and in order to more effectually accomplish the purpose of this section, said municipal corporations shall have power, by ordinance, to invest the fire engineer, or any other officer, whose election or appointment is now provided for by law, with power and duty to be present at all fires, investigate the causes thereof, examine witnesses and papers, compel the appearance or production of the same, and such officer, while so acting, shall have power to administer oaths, make arrests, enter any building for the purpose of examination, which, in his opinion, is in danger of fire, and to do and perform such other acts, necessary to the effective discharge of his duties, and receive such compensation for such services as said municipal corporation shall by ordinance prescribe, and a report of all his proceedings shall be made to the common council, at such times as may be by ordinance prescribed. SEC. 2. Said original section 21 of the above recited act is hereby repealed, and this act shall be in force from and after its passage. F. W. THORNHILL, Passed May 5, 1868. Bonds to raise money AN ACT Supplementary to an act entitled "an act to provide for the erection of a hospital in cities of the first class having a population of over one hundred thousand inhabitants, passed April 6, 1866. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any city of the first class having a population of over one hundred thousand inhabitants, which shall have commenced to erect a hospital under the terms of the act to which this is supplementary, is hereby empowered to issue bonds of such city to an amount not to exceed two hundred and fifty thousand dollars for the purpose of completing and furnishing the said hospital; such bonds shall bear such date as may be thought best by the city council of the said city, not, however, previous to the actual date of their issue, and shall otherwise be issued in the same manner, and on the same terms and conditions as are prescribed for the bonds authorized in the act to which this is supplementary, and the amendments thereto. SEC. 2. This act shall take effect and be in force from and after its passage. Speaker pro tem. F. W. THORNHILL, of the House of Representatives. T. J. GODFREY, President pro tem. of the Senate. Passed May 5, 1868. of board of education. AN ACT To amend section twenty-two of the act entitled "an act to provide for the organization, supervision and maintenance of common schools," passed March 14, 1853, (S. & C., 1353,) and to repeal the act entitled "an act to amend section twenty-second of the act relating to common schools, passed April 4, 1866," passed April 1, 1867. (Vol. 64 O. L., 89.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty-two of the act entitled “an act to provide for the organization, supervision and maintenance of common schools," passed March 14, 1853, as amended by the act passed April 1, 1867, be amended so as to read as follows: Estimate for Section 22. It shall be the duty of the board of education school purof any organized township of the state annually to determine poses-duty by estimate as near as practicable the entire amount of money necessary to be expended in the township for school and school house purposes, including the sustaining of teachers in central or high schools, the prolonging of the terms of the several sub-district or primary schools after the state funds have been exhausted, the erecting, repairing, or furnishing of school houses, and any other school purposes, not exceeding five mills, as follows: not exceeding two mills on the dollar of the taxable property of the township for school house purposes, including erecting, enlarging and repairing of school houses, and purchase of sites, and not exceeding three mills on the dollar of the taxable property of the township for all |