7. To regulate or restrain theatricals, exhibitions, and public shows, and all exhibitions of whatever name or nature, for which money is demanded or received; but public lectures on historic, literary or scientific subjects shall not come within the provisions of this section. 8. To prevent injury or annoyance from any thing dangerous, offensive or unhealthy, and to cause any nuisance to be abated. 9. To acquire real estate for public halls and school houses, and to erect the necessary buildings thereon. 10. To protect all public buildings and property within or owned by the corporation. 11. To provide public cemeteries, and for the improvement and protection thereof, and to regulate the burial of the dead. 12. To regulate auctioneering, and to regulate, license or prohibit the sale at auction of goods, wares and merchandise imported into the corporation for the purpose of being sold at auction. 13. To regulate the weighing and measuring of hay, wood, coal and other articles exposed for sale. 14. To regulate peddling, and to regulate, license or prohibit the sale by peddlers of all goods, wares and merchandise not of their own manufacture or production; but commercial travelers shall not come within the provisions of this section. 15. To restrain and prohibit the sale and exposure for sale of books, papers and periodicals of an obscene nature. 16. To provide for the comfort, convenience and safety, preserve the health and peace, promote the good order and prosperity, and improve the morals of the inhabitants of the corporation.. SECTION 2. Said original section 1653 is hereby repealed; and this act shall take effect and be in force from and after its passage. To amend section 7015 of the Revised Statutes, as amended April 11, 1885, and to provide against the payment of wages in scrip, orders, etc., payable otherwise than in money. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 7015 of the Revised Statutes be amended so as to read as follows: com SEC. 7015. It shall be unlawful for any person, firm, pany or corporation to sell, give, deliver, or in any manner issue, directly or indirectly, to any person employed by him or it, in payment of wages due for labor, or as advances on the wages of labor not due, any scrip, token, draft, check or other evidence of indebtedness, payable or redeemable otherwise than in money; Penalty. Evidence ; party defendant. any violation of the provisions of this section shall be punishable by a fine not less than twenty-five nor more than one hundred dollars, or imprisoment of not more than thirty days, or both; and the amount of any scrip, token, check, draft, order, or other evidence of indebtedness sold, given, delivered, or in any manner Civil action. issued in violation of the provisions of this section, shall be recovered in money at the suit of any holder thereof against the person, firm, company or corporation selling, giving, delivering, or in any manner issuing the same; and any scrip, token, check, draft, order, or any other evidence of indebtedness issued in violation of the provisions of this section, and presented by the holder thereof, shall be taken as prima facie evidence in any court of the guilt or indebtedness of any person, firm, company or corporation selling, giving, delivering, or in any manner issuing the same, and for the purposes of this act, in case of a firm or corporation, the person selling, giving, delivering, or in any manner issuing said scrip, token, check, draft, order, or other evidence of indebtedness shall be the defendant to the criminal action, and the firm, company or corporation shall be held as the defendant in the civil action. Nothing in this section shall apply to or affect the right of any person, firm, company or corporation from giving orders on any store, or business house, or firm, in the business or profits of which he has no interest, directly or indirectly, SECTION 2. Section 7015 be and is hereby repealed; and this act shall take effect and be in force from and after its passage. DANIEL J. RYAN, Speaker pro tem. of the House of Representatives. ROB'T P. KENNEDY, Passed April 27, 1886. President of the Senate. Justices of the peace: jury fees, and how paid. [House Bill No. 13.] AN ACT To amend section 6564 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 6564 of the Revised Statutes of Ohio be so amended as to read as follows: SEC. 6564 Upon the verdict being delivered to the justice, and before judgment rendered thereon, each juror shall be entitled to receive fifty cents per day, for each day's service as such juror, at the hands of the successful party, which shall be taxed in the costs against his adversary; when the jury shall not be able to agree upon a verdict, the same compensation shall be paid them by the party calling the jury, and the same shall be taxed in the cost bill against the losing party. SECTION 2. That said original section 6564 be and the same is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. JOHN C. ENTREKIN, Speaker of the House of Representatives. ROB'T P. KENNEDY, Passed April 27, 1886. President of the Senate. [Senate Bill No. 7.] AN ACT To amend sections 3033, 3034, 3036, 3037, 3038, 3039, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3054, 3055, 3056, 3057, 3058, 3059, 3063, 3064, 3067, 3068, 3069, 3070, 3071, 3074, 3076, 30.8, 3079, 380, 3081, 3082, 3083, 3084, 3085, 3104 and 3105 of the Revised Statutes of Ohio, and to repeal sections 3035, 3060, 3061, 3062, 3065 and 3066. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections three thousand and thirty-six, three thou- Ohio Nationsand and thirty-seven, three thousand and forty-one, three al Guard. thousand and forty-two, three thousand and forty-three, three thousand and forty-four, three thousand and forty-five, three thousand and forty-seven, three thousand and forty-eight, three thousand and forty-nine, three thousand and fifty, three thousand and fifty-one, three thousand and fifty-two, three thousand and fifty-four, three thousand and fifty-five, three thousand and fifty seven, three thousand and fifty-eight, three thousand and fifty-nine, three thousand and sixty-three, three thousand and sixty-four, three thousand and sixty-seven, three thousand and sixty-eight, three thousand and sixty-nine, three thousand and seventy, three thousand and seventy-four, three thousand and seventy-six, three thousand and seventy-nine, three thousand and eighty-three, three thousand and eighty-four, three thousand and eighty-five, three thousand one hundred and four and three thousand one hundred and five of the Revised Statutes of Ohio be amended so as to read as follows: ORGANIZAΤΙΟΝ. Infantry organization. SEC. 3036. Each regiment shall consist of eight or twelve companies, and shall have a colonel, a lieutenant-colonel, a major for every four companies, a surgeon, with the rank of major, an assistant surgeon, with the rank of captain, an adjutant and a quartermaster each with the rank of first lieutenant, and a chaplain, and a non-commissioned staff, to consist of a sergeant-major, a quartermaster-sergeant, a commissary-sergeant, a hospital-steward and two principal musicians. Every battalion of three companies, shall have a major, and a battalion of five or more companies a lieutenant-colonel and major together with an assistant surgeon, a quartermaster, a chaplain, sergeant-major, quartermaster sergeant, a commissary sergeant and a hospital steward. The commander of a regiment or a battalion of not less than four companies, may enlist a band, to consist of a drum-major, a leader, with the rank of sergeant-major, and not more than twenty-four musicians. Each company of infantry shall consist of a captain, a first lieutenant, a second lieutenant, one first sergeant, four sergeants, eight corporals, two musicians, a wagoner, and not less than forty-four, nor more than eighty-three privates. SEC. 3037. Each troop of cavalry shall consist of a captain, a Cavalry orfirst lieutenant, a second lieutenant, ore first sergeant, five ser- ganization. geants, eight corporals, two trumpeters, two farriers, two blacksmiths, a saddler, a wagoner, and not less than thirty men nor more than eighty-one privates. New companies, troops and batteries, how formed. Mode of enlistment; oath. Battalions and regi ments. term of of ficers. SEC. 3041. A company, troop or battery may be organized upon the petition of a number of persons, subject to military duty, equal to the minimum required for the organization proposed; such petitions shall be forwarded to the commander-inchief, and, if approved by him, the petitioners shall be assembled, and after inspection shall be enlisted; provided, the number enlisted be not less than the minimum number required for such organization. The mustering officer shall then require the persons enlisted to elect officers, and shall transmit to the adjutantgeneral a certificate showing the result of such election, together with a muster-roll of the organization. SEC. 3042. All enlistments shall be made by signing enlistment papers, in such form as shall be prescribed by the adjutantgeneral. As soon as practicable after this enlistme: t, the following oath, which may be administered to the recruit by any commissioned officer, [shall be taken by each recruit enlisted]: "I, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and to the State of Ohio; that I will serve them honestly and faithfully against all their enemies, whomsoever, and that I will obey the orders of the governor of Ohio, and the orders of the officers appointed over me, in accordance to the laws, rules and articles for the government of the Ohio national guard." SEC. 3043. The commander-in-chief shall organize, when practicable, the national guard into regiments and battalions of artillery, cavalry and infantry. SEC. 3044. The officers of the national guard shall serve for Election and the term of five years, unless sooner discharged, and shall be elected as follows: Field officers of regiments and battalions by the written votes of the officers ard enlisted men of the respective regiments and battalions; captains and lieutenants by the written votes of the officers and enlisted men, of the respective companies, troops and batteries. Regulations governing such elections. Commissions; oath of office. Neglect to qualify. Rank of officers. SEC. 3015. All meetings for the election of officers shall be ordered by the commander-in-chief, and shall be governed by such regulations as he may prescribe. Each officer shall be separately voted for, and any persons receiving a majority of the written votes of the elect rs present at such meeting, shall be deemed elected. SEC. 3047. The commander-in-chief shall issue all commissions. Every person elected to office in the national guard shall, within ten days after the receipt or tender of his commission, take and subscribe the oath prescribed in the constitution of the State, and also an oath of office; the officer who administers the same, shall certify the fact on the commission, and transmit a copy of such certificate to the adjutant-general. In case of neglect or refusal to qualify within the time mentioned, he shall be deemed to have resigned his office, and an election shall be ordered to fill the vacancy. SEC. 3048. Officers shall take rank from date of commission; and an officer who has served continuously in the same grade for more than one term, either by re-election or re-appointment, shall take rank from the date of his first commission in that grade. officers. SEC. 3019. An officer may be honorably discharged by the Honorable commander-in-chief, upon tender of resignation, upon the dis- discharge of bandment of the organization to which he belongs, or, if a staff officer, on the written request of the officer appointing him, or upon the qualification of his appointed successor. SEC. 3050. The commander-in-chief is authorized to drop [any officer] from the rolls of the national guard, for desertion, or any officer who is absent from duty three months without leave. SEC. 3051. An officer may be discharged by the commanderin-chief upon the report of [a] court of inquiry, or to carry out the sentence of a court martial. SEC. 3052. The commander in-chief shall maintain the national guard by organizing new companies, troops and batteries, and shall have power to disband any company, troop or battery whenever it shall become reduced in numbers below onehalf the minimum strength; or whenever it shall fall below a proper standard of efficiency. SEC. 3054. The command of any military force called into service under the provisions of this act, shall devolve upon the senior officer of such force, unless otherwise specially ordered by the commander-in chief. SEC. 3055. A certified list of officers, enlisted men and contributing members shall be filed by the commanding officer of each company, troop and battery, with the clerk of the court of the county in which such company or organization is located. Such lists shall be filed on or before the first day of October in each year, and all such officers, enlisted men and contributing members shall, for the ensuing year, or until discharged, be exempt from labor on the public highways and service as jurors. SEC. 3056 All enlistments in the active militia shall be for the term of three years. No enlisted man shall be discharged before the expiration of his term of service, except by order of the commander-in-chief, and for the following reasons: Offices va cated, when. Dishonora- charge. disband ment. To accept promotion by commission; upon removal of residence from the State, or permanent removal to such distance from the command to which he belongs, that in the opinion of his commanding officer he cannot perform his military duty; upon disability, established by the certificate of a medical officer; whenever, in the opinion of the commander-in-chief, the interests of the service demand such discharge; to carry out the sentence of a court-martial; dishonorable discharge, or discharge in such form as to forbid re-enlistment, shall be given only in accordance Reasons for with the sentence of a court-martial; every soldier discharged discharge. from the service of the State shall be furnished with a certificate of such discharge, which shall state clearly the reason therefor. The adjutant-general shall publish, in his annual report, the names of all officers and enlisted me dishonorably discharged during the year. 7 L |