Militia of the reserve. AN ACT Relating to uniforms of the militia. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the governor may, by general order, dispense with the requirements of section 14 of the act entitled "an act to organize and discipline the militia and volunteer militia," passed March 28, 1857, so far as relates to the color of the uniform of the militia of the reserve, and direct the adoption for said uniform of the militia of the reserve of such other color as he may think best: Provided, that no other change shall be made except that of color, and all companies wearing the changed uniform, when mustered into the service, shall be organized into regiments wearing the same color. SEC. 2. This act shall take effect on its passage. P. HITCHCOCK, Speaker of the House of Representatives. President pro tem. of the Senate. Passed May 13, 1861. Transfer of AN ACT Further to provide for the support of the militia mustered and to be mustered into the service of the state. SECTION 1. Be it enacted by the General Assembly of the State of appropriation, Ohio, That if the sum of five hundred thousand dollars appropriated by the "act to provide more effectually for the defense of the state against invasion," shall be insufficient for the payment of the expenses that may be incurred under the second section of said act, the deficiency shall be paid from the sum appropriated for the purposes mentioned in the first section of said act. SEC. 2. This act shall take effect on its passage. P. HITCHCOCK, Speaker of the House of Representatives. President pro tem. of the Senate." Passed May 13, 1861. Gift book stores, and other transient persons. AN ACT Supplementary to the acts in force, in relation to the assessment and taxation of property according to its true value in money. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any transient person shall locate in any city, incorporated village, or in any township, in this state, and shall offer to sell or otherwise dispose of any books or other goods, wares. or merchandize, under the name of a gift book store, or any other name or designation, it shall be the duty of the assessor for the time being, of the township wherein such person shall locate, forthwith to call upon such person, and demand of him the true value in money of all his stock in trade; and in case such person shall neglect or refuse to return the same under oath, within twenty-four hours after such demand, then it shall be the duty of said assessor to determine the same as in other cases, and in either case he shall forthwith return said valuation to the auditor of the county. SEC. 2 Immediately upon obtaining such valuation, the auditor Assessment of the county shall assess against such for one month, his person proper proportion, upon said valuation, of all county, township and municipal taxes, properly chargeable upon personal property in said township, for the period of one month thereafter; and shall forthwith certify the same to the treasurer of the county, who shall forth with enter the same on the duplicate for taxation, and immediately thereafter notify such person of the amount of said assessment; and in case of the neglect or refusal of such person to pay the amount of such assessment To be paid within twenty-four hours after receiving said notice, the treasurer within twenshall issue his distress warrant, and collect the same as in other ty-four hours cases of delinquency in the payment of the taxes assessed upon personal property. of notice. SEC. 3. That the like proceedings in all respects, as is provided in Each succeedthe foregoing section, shall be had and taken by the auditor and ing month. treasurer aforesaid, on the first day of each succeeding month, so long as such transient person shall remain within such county, offering to sell or otherwise dispose of any books, goods, wares or merchandize, under any name or designation whatsoever, and the like proceedings, as. provided for in the foregoing sections, shall be had on the first days of each and every month, by the assessor of the township, and the auditor and treasurer of each and every county into which such transient person shall remove, and shall offer to sell or otherwise dispose of any books, goods, wares or merchandize, as above described. SEC. 4. This act shall take effect from and after its passage. P. HITCHCOCK, Speaker of the House of Representatives. JAMES MONROE, Passed May 13, 1861. AN ACT To amend the first section of the "act for the protection of fish," passed April 17, 1857. SECTION 1. Be it enacted by the General Assembly of the State of Sw. & Or. 73 Ohio, That section first of the act entitled an "act for the protection of fish," passed April 17, 1857, be and the same is amended to read as follows: Section 1. That it shall be unlawful to catch, or attempt to catch fish by means of any drag net, gill net, drift net, seine, fish-basket, fish-pot, set net, stationary net, or wier pound, or by poisoning the waters with lime or any deleterious substance whatever, in any of the rivers, creeks or streams within this state, which terminate in the navigable waters of Lake Erie or Ohio river, at any point or Use of certain nets, &c., pro hibited. place therein above the common level or back waters of said Lake Erie and the river Ohio, or by obstructing in any way the natural transit of fish up or down any of the said rivers, creeks or streams; and it shall be further unlawful to catch, or attempt to catch any fish by the use of any net, seine, basket, pot or pound, herein before mentioned, in the said waters of Lake Erie, or in that part of said rivers, creeks or streams which are on a common level with, or the back waters of Lake Erie, at any time between the twentieth day of May and the first day of September. SEC. 2. This act shall be in force from and after its passage, and the original section one of the above recited act is hereby repealed. P. HITCHCOCK, Speaker of the House of Representatives. JAMES MONROE, President pro tem. of the Senate. Passed May 13, 1861. Removal of surety. Acts repealed. AN ACT Supplementary to an act to relieve district courts, and to give greater efficiency to the judicial system of the state, passed April 12, 1858, and of the act amendatory thereof, passed March 31, 1859. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases in which a second trial has been or shall be allowed, and an undertaking entered into by the party demanding the same, as provided in sections one and two of the said act "to relieve the district courts and to give greater efficiency to the judi cial system of the state," and the surety in the undertaking shall have removed from the county, or the undertaking is for any cause insufficient or insecure, the court shall, on motion, order a new undertaking to be executed to the satisfaction of the clerk of such court; and if such order shall not be complied with in such reasonable time as the court shall determine, it shall be the duty of such court, on motion, to render judgment in such cause against the party demanding the second trial for the amount of the judgment rendered upon the first trial, together with the interest accrued thereon and for costs of suit, and to award execution thereon as in other cases. SEC. 2. The act passed March 10, 1860, entitled an act supplementary to an act to relieve district courts, and to give greater efficiency to the judicial system of the state, passed April 12, 1858, of the act amendatory thereof, passed March 31, 1859, is hereby repealed, and this act shall be in force from its passage. P. HITCHCOCK, Speaker of the House of Representatives. President pro tem. of the Senate. Passed May 13, 1861. AN ACT Making appropriations for the maintenance and repair of the public works from ness. SECTION 1. Be it enacted by the General Assembly of the State of AppropriaOhio, That there is hereby appropriated in addition to the unex- tion. pended balance of former appropriations, (and that the same may be paid, the restrictive proviso attached to the canal appropriation act, passed March 26, 1860, is hereby repealed,) to be paid out of any money in the treasury from general revenue, not otherwise appropriated, for the maintenance of the public works for the above named period, subject to the check of the commissioner in charge of the respective divisions for which the appropriations are made, the sums following: For general superintendence, construction and repairs of the northern division of the Ohio and the Walhonding canal, and the Western Reserve and Maumee Road, the sum of four thousand dollars. For general superintendence, construction and repairs of the southern division of the Obio and the Hocking canals and the Muskingum Improvement, the sum of eighteen thousand dollars. For general superintendence, construction and repairs of the Miami and Erie canal, the sum of eighteen thousand five hundred dollars. For the purchase of lands and payment of damages to lands on the borders of the Mercer County Reservoir, the sum of six thousand five hundred dollars. For the payment of salaries of collectors, weigh-masters and inspectors, the sum of five thousand nine hundred and fifty dollars. For the payment of salaries of resident engineers for the fiscal year 1861, the sum of six thousand dollars. For attorneys' fees and incidentals, the sum of one thousand dollars. For the payment of damages to land, the sum of one thousand dollars. For the purchase of land, five hundred dollars. For incidental expenses of the office of the board of public works, the sum of one thousand five hundred dollars; and for the payment of salary of secretary of said board, the sum of one thousand dollarssubject to the check of the president of said board. For the payment of the salaries of the members of the board, the sum of four thousand five hundred dollars, to be drawn on the warrant of the auditor of state. For the purchase or condemnation of lands in the Lewistown Reservoir, subject to the check of the commissioner in charge of the same, the sum of thirty thousand dollars: Provided, that upon the affidavit of any member of the board of public works that justice cannot be done to the state in the trial of cases for the appropriation of said lands in the county in which said lands are situated, it shall be the duty of the court to change the venue and transfer said cases for trial to the probate court of some adjoining county. SEC. 2. There is also hereby appropriated for the payment of outstanding indebtedness on divisions number one and two, contracted previous to November 15, 1860, the following sums : For the payment of checks issued by A. L. Backus to contractors and superintendents prior to February 15, 1861, the sum of fifty-two thousand dollars. Remeasure. mate of work heretofore done. For the payment of engineers' certificates to contractors for work done on the Muskingum Improvement, the sum of eleven thousand five hundred and seventy-four dollars and twenty-seven cents. For the payment of checks issued to contractors by John B. Gregory, for deferred payments under their contracts, the sum of seven thousand nine hundred and thirty-eight dollars: Provided, that said checks and certificates be paid only according to priority of date of said checks and certificates. SEC. 3. The board of public works are hereby authorized, if ment and esti practicable, to cause to be made by some competent engineer, not now in the service of the state, a remeasurement and estimate of the work done by contract on the Ohio canal and the Muskingum Improvement, under the order of the board of public works, provi ding for the repairs of the canals and improvement, after the flood of April 1860, and said contractors shall be paid according to said revised estimates and measurements, deducting from the amount of the checks or certificates held by them or adding to, as the case may require, according to the revised estimates and remeasurements: Provided, that such remeasurement shall be made in thirty days from the passage of this act. Penalty for making contracts in ex cess of appro priations. SEO. 4. The board of public works, and each member thereof, is hereby prohibited during the current fiscal year, from making any contracts or causing any work to be done on the public works of the state, either for construction, reconstruction or repairs, the sums requisite for the payment of which will exceed the amount specifically appropriated for those purposes by this act; and all contracts made in violation of this section shall be void; and any .. member of the board violating the provisions of this section, shall forfeit his office, and shall forever thereafter be ineligible to any office of trust or profit in this state. SEO. 5. This act shall take effect from and after its P. HITCHCOCK, passage. Speaker of the House of Representatives. Passed May 13, 1861. purposes, AN ACT Prescribing the rates of taxation for state purposes, and to limit the levy of local taxes for the year 1861. SECTION 1. Be it enacted by the General Assembly of the State of Levy for state Ohio, That there shall be levied for the year 1861, in lieu of the taxes now authorized by law for the purposes herein named, on each dollar of the taxable property, for the ordinary expenses of the state government, including the expenses of the public benevolent institutions and other charges on the general revenue, one and fourtenths mills on the dollar. Local taxes. SEC. 2. That for the year 1861, the levy of local taxes on the dollar's valuation of property subject to taxation for the several purposes hereinafter named, shall not exceed the following rates, anything in any law to the contrary notwithstanding: |