SEC. 3. The probate court of any county, where the record of any will has been or shall hereafter be destroyed, may admit to record a copy of said will, whenever it shall appear that said copy produced for record bears the certificate of any probate judge or clerk of the court of common pleas, setting forth that the same is a true copy of the will, the record of which has been destroyed; provided, that nothing in this act shall be so construed as to affect the proceedings or extend the time for contesting the validity of any will, or for asserting any rights thereunder, and the record provided for in the preceding sections shall show that the original record was destroyed, and the time, as near as may be, when the will was originally admitted to probate and record. SEC. 4. It is hereby made the duty of every probate judge, who shall admit to record any will or copy thereof, under the provisions of this act, immediately thereafter to give notice for three consecutive weeks, in two weekly newspapers of his county, if so many be published therein, or if not, in one newspaper published and of general circulation therein, stating the name of the person, the record of whose will has been destroyed, and the day when said record was supplied; and all persons interested in said records shall have the right at any time within five years from the making of said new record, to come into the probate court of the proper county, and contest the question whether the record thus supplied is the same as the record destroyed; and from all final orders and decrees of the probate court in such contest, either party may appeal to the court of common pleas, in such manner as appeals are now or hereafter may be provided for from the probate court; and if any person interested in said record shall, at the time such record is supplied, be under any legal disability, such person shall have the right to contest said record within two years from the removal of such disability, and such new record supplied according to the provisions of this act, unless the same shall be set aside under proceedings to contest the same as herein provided for, shall have the same force, effect and validity as the original record. SEC. 5. This act shall take effect and be in force from and after its passage. Speaker pro tem. of the House of Representatives. F. W. THORNHILL, J. C. LEE, President of the Senate. When record bas been destroyed. Probate judge to publish notice, &c. Right to contest new record. Passed April 16, 1868. Council may ey, and make assessment, etc. AN ACT To amend section seven of an act entitled "an act to provide for the organization, as cities of the first class, of such cities as may have been advanced to the grade of cities of the first class, between decennial periods, and prior to May, 1867 ;" and also supplementary to the act passed May 3, 1852, entitled " an act to provide for the organization of cities and incorporated villages," and to the several acts supplementary thereto and amendatory thereof now in force; also, further to define the duties of county treasurers. (O. L., vol. 64, pages 52, 53 and 54.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the seventh section of the said original act, passed March 14th, 1867, be and the same is hereby amended so as to read as follows: Section 7. The council of any such city may borrow monborrow money, at the legal rate of interest, to pay for any such special improvement, for such time as may be necessary to collect the same, by making an assessment upon the property liable to pay for such special improvement, in manner and amount as is now provided by law, and certify the same to the auditor of the county in which such city is situate, to be placed on the county duplicate and collected as other taxes are collected; or they may assess the estimated cost of such special improvement, and certify to the auditor as before provided, before making said special improvement, as they deem expedient; and when so assessed and certified, such assessments shall be liens on such lots and lands the same as state and county taxes, and subject to the same penalties if delinquent. Should any such assessment prove insufficient to pay the costs and expenses of the special improvement for which it may have been made, the council may make an additional pro rata assessment to supply such deficiency. Additional assessment SEC. 2. This act shall take effect from and after its pas- Speaker pro tem. of the House of Representatives. Passed April 16, 1868. President of the Senate. Secretary of state shall make annual report of statistics. AN ACT To provide for the establishment of a bureau of statistics in the office of the secretary of state, and to repeal certain acts therein named. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of the secretary of state annually hereafter, to prepare from the official reports, and from whatever other reliable sources to which he may obtain access, as full, accurate and intelligible tables of the statistics of Ohio as may be in his power, and report the results of his labors to the general assembly at its next meeting. SEC. 2. That in order to the more perfect collection of the statistical information contemplated by this act, it shall be the duty of any state, county or other officer, without compensation, to answer fully and promptly such special and general questions as the secretary of state may ask in carrying out the provisions of the eighth section of the fifteenth article of the constitution of this state. SEC. 3. That any person who, by this act, is required to give information, and who shall refuse or neglect to answer such questions, shall forfeit to the use of the state of Ohio any sum not exceeding fifty dollars, at the discretion of the court of common pleas for the proper county; which fine shall be collected by the prosecuting attorney thereof, as other fines are collected, by law. SEC. 4. That the several classes of statistics now returnable to the auditor of state, the attorney-general, or other officer, not necessary to the duties of such officers, be transferred by them to the secretary of state, and be by him embodied in the report provided for in this act. SEC. 5. That for the purpose of the more complete and efficient performance of the duties enjoined by this act, the secretary of state is hereby authorized, if necessary, to employ some competent person, at an amount not exceeding five hundred dollars, to be paid upon the warrant of the auditor of state, in the same manner as clerks in the office of secretary of state are now paid. SEC. 6. That the act entitled "an act in relation to statistics," passed and took effect April 17th, 1857; the "act supplemental to an act entitled an act in relation to statistics, passed April 17th, 1857," passed April 12th, 1858; and the act" to amend the first section of the act in relation to statistics," passed April 17th, 1857; and the fourth section of the "act supplementary thereto," passed April 12th, 1858; and to repeal the first and ninth sections of said act, passed May 1st, 1862, be and the same are hereby repealed. SEC. 7. This act shall take effect and be in force from and after its passage. F. W. THORNHILL, Passed April 17, 1868. President of the Senate. 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 a 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 population, as the city council may deem necessary. Act repealed. SEC. 3. Be it further enacted, That the 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, 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. Speaker pro tem. of the House of Representatives. F. W. THORNHILL, J. C. LEE, President of the Senate. Passed April 16, 1868. AN ACT "An act sup Supplementary to an act passed March 29, 1867, entitled 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 |