City councils may, by ordinance, provide for a police. AN ACT To repeal an act entitled an act supplementary to an act entitled an act authorizing the appointment of metropolitan police commissioners in cities of the first class with a population of less than one hundred thousand inhabitants at the last federal census, passed April 5, 1866; passed March 29, 1867, (64 Ohio Laws, p. 80), and to provide a police for cities of the second class. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the city council of cities of the second class, having a population of twelve thousand and upwards at the last federal census, shall have power to provide, by ordinance, for the establishing and maintaining a city watch or police, provide for its proper organization and the election or appointment of the necessary officers thereof, to organize the same and prescribe its duties, and define its powers in such manner as will most effectually preserve the peace of the city, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations: provided, that in such cities, where there is no city marshal, the city council of such cities shall meet at the time of their next regular meeting, after the passage of this act, and provide, by ordinance, for the election, on Monday, the eleventh day of May, A. D. 1868, by the qualified electors election of a of such city, one city marshal, who shall hold his office until the next annual spring election, and until his successor shall be elected and qualified; and shall, in addition to the duties that are or may be required of him as city marshal, perform the duties of chief of police, and shall execute all such duties as may be required by the laws and ordinances of such city council. At the annual spring election in 1869, and annually thereafter, there shall be elected one city marshal, who shall hold his office for one year and until his successor shall be elected and qualified. -and the marshal. His duties. Annual elec men. SEC. 2. At the first regular meeting of the city council of tion of police such cities, in May, A. D. 1868, and annually thereafter, it shall be the duty of the city council of cities of the second class, having a population of twelve thousand and upwards at the last federal census, to elect, by viva voce vote of at least three fifths of all the members elect to such city council, regular policemen, not exceeding one for every one thousand inhabitants at the last federal census, with such additional number in proportion to the increase of popu.ation, as the city council may deem necessary. Act repealed. an SEC. 3. Be it further enacted, That the act entitled act supplementary to an act entitled 'an act authorizing the appointment of metropolitan police commissioners in cities. of the first class, with a population of less than one hundred thousand inhabitants at the last federal census,' passed April 5, A. D. 1866," extending the provisions of said act to cities of the first class having a population of less than fifty thousand, and to cities of the second class having a population of twelve thousand and upwards at the last federal census, passed March 29, A. D. 1867, be and the same is hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage: provided, that any police organization now Proviso. in operation in any such cities, shall remain in the performance of their duties until the time designated in the second section of this act for the election of policemen. Supplementary to an act passed March 29, 1867, entitled "An act sup plementary to an act passed March 29th, 1866, entitled an act to authorize county commissioners, city councils and township trustees, to levy a tax to refund money borrowed or pledged for local bounties," passed April 13th, 1865. (O. L., vol. 64, page 79.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That where the trustees of any township, or the city council of any city in the state of Ohio shall have failed to levy a tax to refund money borrowed or pledged for local bounties, under an act of the legislature of said state, passed April 13th, 1865, entitled "an act to authorize county commissioners, city councils and township trustees to levy a tax to refund money borrowed or pledged for local bounties," or have failed to certify the same to the county auditor, or from omission or error the same has not been placed upon the tax duplicate of 1867, it shall be lawful for the trustees of any township or city council of any city, to levy a tax for the payment of bounties, or the refunding of money borrowed to pay bounties, wherein they have heretofore failed to make such levy, and certify the tax so levied to the auditor of the proper county; or where the trustees of any township, or the city council of any city has heretofore levied. a tax for the purpose aforesaid, and have failed to certify the same to the county auditor, to carry such levy into effect, by certifying the same to the county auditor. And it shall be lawful for the county auditor to place the same on the tax duplicate for the year 1868, or if the tax herein provided for has been heretofore levied and certified to the county auditor, in pursuance of the act to which this is supplementary, and by omission or error of the county auditor not entered on the tax duplicate for the year 1867, it shall be lawful for the auditor of the county to place the tax so certified on the tax duplicate for the year 1868, and the same shall be collected and disbursed in the same manner and under the same restrictions and regulations as is required by the act above recited provided, that nothing herein contained shall be construed to authorize the making or certifying of any levy by township trustees or city councils not made prior to the time limited in the fifth section of the act of April 13, 1865, or for any greater sum than provided for in said act. SEC. 2. This act to take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. Passed April 15, 1868. President of the Senate. Penalty for failure to execute summons, order or other pro cess. Proviso. AN ACT To amend section 592 of the code of civil procedure. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 592 of the code of civil procedure be and the same is hereby so amended as to read as follows: Section 592. He shall execute every summons, order or other process, and return the same, as required by law; and if he fail to do so, unless he make it appear to the satisfaction of the court that he was prevented by inevitable accident from so doing, he shall be amerced by the court in a sum not exceeding one thousand dollars, and shall be liable to the action of any person aggrieved by such failure: provided, that he shall not be liable to an action or amercement for failing to execute any such order or process directed to him from any other county than that in which he was elected, unless his fees shall be deposited with the clerk issuing such order or process, and an indorsement thereof be made on such order or process at the time of issuing the same, in these words: "Funds are deposited to pay the sheriff on this process; to which indorsement the clerk shall sub scribe his name. SEC. 2. That said original section 592 be and the same is hereby repealed. This act to take effect from and after its passage. JOHN F. FOLLETT, Speaker of the House of Représentatives. J. C. LEE, Passed April 14, 1868. President of the Senate. AN ACT Supplementary to the act entitled "An act to preserve the purity of elections," passed March 20th, 1841, and to protect the judges of elections in the discharge of their duties. (O. L.) SECTION 1. Be it enacted by the General Assembly of the Duties of State of Ohio, That it shall be the duty of the judges of elec- judges. tion to challenge any person offering to vote at any election held under any law of this state, having a distinct and visible admixture of African blood, and shall tender to him the following oath or affirmation : "You do solemnly swear (or affirm) that you will, to the best of your knowledge and belief, full and true answers make to such questions as may be put to you touching your qualifications as an elector;" and thereupon the said judges, or one of them, shall put to him the following questions: 1. What is your age? 2. Where were you born? 3. Were your parents married, and did they live together as man and wife? 4. Had your parents, or either of them, a visible and distinct admixture of African blood ? 5. In the community in which you live are you classified and recognized as a white or colored person, and do you associate with white or colored persons? 6. Are there schools for colored children in operation in the township, village or ward in which you live; and if you have children, do they attend such schools, or do they attend the common schools organized for white children, under the laws of the state? Oath to be administered to person offering to vote. Questions to be put to same. SEC. 2. After the examination of the person challenged, Witnesses. as provided in the preceding section, the judges of election shall, unless the vote of said person is rejected, require him to produce before them two credible witnesses, to whom shall be tendered by said judges the following oath or affirmation: "You and each of you do solemnly swear (or affirm) that Oath adminyou will fully and truly answer all such questions as may be istered to put to you touching the qualifications of [the name of the witnesses. person challenged] as an elector." Thereupon the judges, or one of them, shall put to each person, respectively, the following questions: 1st. Are you acquainted with [the name of the person challengéd]; if so, for how long a time have you known him? 2d. Do you know when, where and in what state he was born? 3d. Were you acquainted with his parents or either of them? If yes, did such parents, or either of them, have a distinct and visible admixture of African blood, and were they married, or did they live together as man and wife? SEC. 3. A record in writing of the questions and answers required to be given and made in the preceding sections of this [act] shall be kept and filed with the poll books for public inspection, and that the conducting of such examinations and the making of the record thereof shall not be permitted to delay the regular business of such elections, in receiving votes where no 7-LAWS. Questions to be put to each witness. Record of questions and answers. What evidence shall not be received. When persons refuse to answer questions judges shall reject vote. Oath to per sons refusing to answer questions. Penalty for illegally procuring the such examination and record aforesaid is required by this act to be made, and to avoid such delay, it shall be the duty of such judges of election to employ an additional clerk or clerks to make such record, who shall be paid as other clerks at such elections; and said clerks shall first be duly sworn to faithfully and correctly make such record, and the said judges of election, or any party challenging, may put such other questions as may seem to them necessary and proper, and the judges of election, or the party challenging, may call and have examined any other witnesses in the premises that may seem to them proper. SEC. 4. No evidence shall be received as to the admixture of white blood which is based on the opinion of the person challenged or of the witness testifying in his behalf, founded merely upon appearance, unless the facts are fully stated as to the parentage of the person challenged; and no evidence of reputation as to parentage shall be received, unless the parties about whom such reputation exists are first proved to have been married, or to have lived together as man and wife. SEC. 5. If the party challenged, or any person interrogated as aforesaid in his behalf, shall refuse to answer fully . any question as herein prescribed, the judges shall reject the vote; and if the judges shall be satisfied, from the statements of all the persons examined and the evidence adduced, that the person offering to vote is a "white male citizen of the United States," before receiving his ballot, they shall tender him the following oath or affirmation: "You do solemnly swear (or aflirm) that, to the best of your knowledge and belief, you are a white male citizen of the United States, and know the fact to be so from a knowledge of both your parents and your pedigree;" and if the judges shall then receive said vote, the words, "challenged on the ground of visible admixture of African blood," shall be entered on the poll book opposite said voter's name. SEC. 6. That any person who, on oath or affirmation, shall procure the right to vote for himself or any other person, by right to vote. Willfully and corruptly deposing, declaring or affirming any matter to be a fact knowing the same to be false, or shall, in like manner, deny any matter to be fact knowing the same to be true, shall be deemed guilty of perjury, and on conviction thereof shall be imprisoned in the penitentiary and kept at hard labor not more than ten years nor less than three years. Penalty against judge for receiving illegal vote. SEC. 7. Any judge of election receiving the vote or sanctioning the reception of the same from any person having a distinct and visible admixture of African blood, contrary to the provisions of this act, shall, on conviction thereof, be imprisoned in the county jail not more than six months nor less than one month, and shall also be liable to a civil action for a penalty in the sum of five hundred dollars, which may be brought against him by any elector of the county or district in which the vote was received in the court of common pleas of any county in the state where process can be served upon h; provided there shall be but one recovery for each |