SEC. 2. That the said original section one, passed April Section re13th, 1867, is hereby repealed. SEC. 3. This act to take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. pealed. President pro tem. of the Senate. Passed May 16, 1868. AN ACT To amend section two (2) of an act entitled an act to amend sections one and two of an act entitled an act for the protection of certain birds and game, passed April 3d, 1867. (Vol. 64, page 101–2.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two (2) of the above mentioned act be so amended as to read as follows: shall be unlawful to kill game, &c. Section 2. It shall be unlawful for any person at any time When it between the first day of February and the first day of October, to catch, kill, injure or destroy, or pursue with such intent, any meadow lark or killdeer, or at any time between the first day of February and the fourth day of July, to catch, kill or injure, or pursue with such intent, any woodcock, or at any time between the 15th day of April and the first day of September, to catch, kill or injure, or pursue with such intent, any wild duck, teal or other wild duck, or to purchase or to have in his possession, or expose for sale any of the birds or game mentioned in this act, caught or killed during the season when the catching, killing, injuring or destroying the same is hereby prohibited. SEC. 3. [2.] That the exposing for sale of birds and game prohibited by this act, killed or caught during the time specified by this act, shall be prima facie evidence that such game or birds were killed or caught unlawfully within the state of Ohio. SEC. 4. [3.] That section two (2) of an act entitled an act to amend sections one and two of an act entitled an act for the protection of certain birds and game, passed April 30, 1861, as amended March 16, 1865, passed April 3, 1867, be and the same is hereby repealed. SEC. 5. [4.] This act shall and after its passage. take effect and be in force from JOHN F. FOLLETT, Speaker of the House of Representatives. WM. LAWRENCE, President pro tem. of the Senate. Offering to sell, prima facie evi dence of guilt. Section repealed. Passed May 16, 1868. 14-LAWS. Commissioners, trustees, &c., may issue bonds to veteran volunteers. Provision for Auditor to issue warrants. Cases where bounty has been partially paid. Adjutant general to apportion credits to dist.icts. AN ACT To amend an act entitled an act to amend an act to provide a bounty for veteran volunteers, passed March 7, 1867. (O. L, vol. 64, page 35.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be so amended as to read as follows: Section 1. That the commissioners of the several counties, the trustees of the several townships, and city councils of the several cities of this state, are hereby authorized and required to issue to each re-enlisted veteran volunteer, who has heretofore been credited, as shown by the muster and description rolls upon the quota of such county, township, or city or any ward of such city, under any requisition of the president of the United States for volunteers during the late rebellion, and who has not received any local bounty upon said re-enlistment, a bond for the sum of one hundred dollars, bearing six per cent. interest, redeemable at the pleasure of such commissioners, trustees or city councils, one year after the date thereof; and where such re-enlisted veteran volunteer has not been credited upon the quota of any county, township or city in this state, but has been credited upon the quota of the state at large, or has been so indefinitely credited as that the credit would only pass to the state, or from any mistake or informality shall not have been passed any where, or been credited at all as shown upon the muster and description rolls, then the auditor of state is hereby authorized and required, upon proper evidence, to issue his warrant upon the state treasury, to such re-enlisted veteran volunteer, for the sum of one hundred dollars, which shall be paid by the treasurer of state out of any funds in the treasury not otherwise appropriated; and in all cases where such re-enlisted veteran volunteer has received a bounty of a less sum than one hundred dollars, on such re-enlistment, then it shall be the duty of the state auditor, county commissioners, township trustees or city council, as the case may be, to issue a warrant or certificate, as above specified, to such volunteer, for the difference between the amount already received and one hundred dollars. To determine the number of those credited to congressional districts, that properly belong to each county of the district, the adjutant-general is hereby required to apportion among the several counties of each district the number so assigned in proportion to population, and notify the county commissioners of the number assigned to their several counties. The commissioners shall then proceed, as required in this section; provided, that any county having previously paid the bounty to any veteran volunteer, credited to their congressional district, shall deduct the amount so paid from the amount to be levied on said county; provided, however, when the muster and description rolls were not received by the adjutant general in time for the credit therein shown to be applied upon any quota, then the auditor of state shall issue his warrant on the state treasurer in favor of such veteran soldier, as in the case of credits to the state at large. SEC. 2. That section one of the above recited act, to Section which this is an amendment, be and the same is hereby repealed. repealed SEC. 3. 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 16, 1868. AN ACT To repeal an act entiled "an act to prohibit the trafficking with persons engaged in armed rebellion against the government of the United States," passed May 1, 1862. (See Ohio Laws, vol. 59, page 80.) SECTION 1. Be it enacted by the General Assembly of the Act repealed, State of Ohio, That an act entitled "an act to prohibit trafficking with persons engaged in armed rebellion against the government of the United States," passed May 1, 1862, be and the same is hereby repealed. 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 16, 1868. AN ACT To amend section five of the act entitled "an act to relieve district courts and to give greater efficiency to the judicial system of the state," passed April 12, 1858 (S. & C. Stat. 1157.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section five of the act entitled "an act to relieve district courts and to give greater efficiency to the judicial system of the state," passed April 12, 1858, be amended so as to read as follows: Section 5. Appeals may be taken from final judgments, orders and decrees in civil actions, in which the parties have not the right by law to demand a trial by jury, and from interlocutory orders dissolving injunctions rendered by any court of common pleas, or any judge thereof, in any case in which such court of common pleas has original jurisdiction, by any party against whom such judgment or order shall be rendered, or who may be affected thereby, to the district court; and the action so appealed shall be again tried, heard In what ca ses and from what courts appeals may be taken. Section repealed. and decided in the district court, in the same manner as though such district court had original jurisdiction of the action. SEC. 2. That said section five be and the same is hereby repealed. That this act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. WM. LAWRENCE, President pro tem. of the Senate. Passed May 16, 1868. Trustees may sell and convey lands by deed of trust, &c. Money, how applied. AN ACT Authorizing trustees of cemetery associations to sell and transfer by deed of trust such lands as they hold in trust, to township trustees and the council of incorporated villages. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the trustees of any cemetery association, which is now or may hereafter be incorporated in conformity with an act entitled "an act making provisions for the incorporation of cemetery associations," passed February 24th, 1848, and any acts supplementary or amendatory thereto, to sell and convey by deed of trust, for cemetery purposes, any tract of land or lots, not exceeding thirty (30) acres, belonging to such cemetery association, to the township trustees and town council of any incorporated village, for the purpose of organizing and conducting a cemetery, under the provisions of an act entitled "an act to enable townships and incorporated villages to establish cemeteries common to both," passed March 17th, 1860 (57 vol. Stat. 44; . S. & C., vol. 2, page 1563); provided, that the purchasemoney agreed upon between the trustees of such cemetery association and the trustees of such township and the council of any incorporated village, shall be applied by the council of such incorporated village for the payment of the legal liabilities incurred by the trustees of such cemetery associations in the purchase of the land, its embellishment, and other necessary improvements on said lands, and for the further embellishment and improvement of such lands; and it is further provided, that the rights of lot owners heretofore purchased shall not be questioned, nor their title to such lots, and that such lot owners shall continue to hold and occupy such lots, under such rules and regulations as may hereafter be adopted for the government and regulation of such cemetery, by the authorities making such purchase. SEC. 2. This act to take effect on and after its passage. Speaker of the House of Representatives. WM. LAWRENCE, President pro tem. of the Senate. Passed May 16, 1868. AN ACT To amend section four (4) of an act entitled "an act to enable townships and incorporated villages to establish cemeteries common to both," passed and took effect March 17, 1860. (57 vol., Stat. 44; S. & C. R. S., p. 1563.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four of the above recited act be so amended as to read as follows: Purchase money, how Section 4. In the establishment of cemeteries under this Old cemetery act, any township or incorporated village may make use of grounds may any cemetery which may or shall be held by such township be used, puror village, provided it is situated outside of the corporate chased, &c. limits of any incorporated village, and may make use of any land which such township or village may have acquired by gift or devise for burial purposes; and they may purchase of the trustees of any cemetery association incorporated under the existing laws, the lands, lots and improvements of such cemetery associations that are now unsold; provided, that the purchase money which may be agreed upon between the township trustees and the town council of any incorporated used, &c. village, and the trustees of such cemetery association, shall be appropriated and applied to the payment of the legal debts of said association, and to the embellishment and preservation of the land purchased, and the township trustees and the council of incorporated villages shall not acquire to exceed thirty acres of land, cemetery and burial grounds, in the manner herein prescribed. Any funds which are in the treasury of such township or village applicable to cemetery purposes, may be by said trustees or village council applied to the establishment and improvement, and care of cemeteries created under this act, as if such funds were the proceeds of sales of burial lots therein. SEC. 2. That section four (4) of the act to which this act is amendatory, be and the same is hereby repealed. SEC. 3. That this act shall take effect on and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. WM. LAWRENCE, President pro tem. of the Senate. Section repealed. Passed May 16, 1868. AN ACT To amend section 201 of the "act to establish a code of civil procedure," passed March 11, 1853. (S. & C., vol. 2, p. 940.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two hundred and one of the above recited act be so amended as to read as follows: Section 201. The copy of the order and notice shall be erved upon the garnishee as follows: If he be a person, they shall be served upon him personally, or left at his usual place Order of attachment, how and on whom served. |