Stone ooal. How sold Transfer of funds. May appoint trustees. SEC. 2. The city council shall invest said funds for the purpose of procuring stone coal, at their discretion, and store or yard the same within said city, and when the price of stone coal in said city, delivered to consumers, exceeds twenty cents per bushel, the city council are authorized to commence selling said coal to consumers at not less than twenty cents per bushel, restricted within such limits and regulations as may be prescribed by said city council. SEC. 3. The city council shall have power to anticipate all or a part of said levy, by transferring other funds to the credit of the fuel fund. SEC. 4. The city council shall have all necessary power to carry out the provisions of this act, to purchase coal in the mines or else where, and all necessary agencies for the procuring, transporting and delivery of said coal; or may appoint three trustees, to serve without compensation, and during the pleasure of said city council, to carry out the provisions of this act, under such rules and regulations as said city council may provide by ordinance. SEC. 5. This act to take effect from and after its passage. February 20, 1864. President of the Senate. Appeals may be taken to courts of common pleas. How tried and decided. Repeal. AN ACT To amend the third section of the act passed May 1, 1854, entitled "an act supplementary to the act entitled' an act defining the jurisdiction and regulating the practice of probate courts,' passed March 14, 1853, and to amend said act," as amended February 7, 1856. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of an act entitled "an act supplementary to the act defining the jurisdiction and regulating the practice of probate courts," passed May 1st, 1854, as amended February 7, 1856, be so amended as to read as follows: Sec. 3. That appeals may be taken from any order, decision, or decree of the probate court, in settling the accounts of an executor, administrator or guardian; in proceedings for the sale of real estate for the payment of debts; in proceedings for the execution and completion of real contracts, from any order, decision, or decree, made under "an act regulating the mode of administering assignments in trust for the benefit of creditors;" and in proceedings to appoint guardians for lunatics, or idiots, by any person against whom such order, decision or decree shall be made, or who may be affected thereby, to the courts of common pleas of the proper county; and the cause so appealed, shall be tried, heard and decided in the court of common pleas, in the same manner as though the said court of common pleas had original jurisdiction thereof. SEC. 2. This act shall apply to all cases now pending, and shall take effect from and after its passage. SEC. 3. That the third section of the above-recited act of May 1st, 1854, and the amendatory act passed February 7th, 1856, be and the same is hereby repealed. February 20, 1864. JAMES R. HUBBELL, Speaker of the House of Representatives. CHARLES ANDERSON, President of the Senate. AN ACT Relief of the soldiers and families of If fund be insufficient, For the relief of the families of soldiers and marines in the state and United States service, and of those who have died or been disabled in such service. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That for the relief of the necessities of the families of soldiers and marines, who now are, or hereafter may be, in the service of the state or United States, enlisted from this state, or have died or been disabled, marines. or hereafter may die or be disabled in such service, there be and hereby Tax levied. is levied and assessed, for the year eighteen hundred and sixty-four, two mills on the dollar valuation of the grand list of taxable property of the state. And if the fund received in any county of this state from such state levy shall be insufficient for the purpose of affording the relief contemplated by this act, the board of commissioners of such county are hereby authorized and required to levy and assess an additional amount, not exceeding one mill on the dollar valuation, on the grand list of the taxable property of the county, and the city council of cities of the first and second classes, are hereby authorized, if in their opinion the same shall be necessary for the purpose of affording the relief contemplated by this act, to levy and assess an additional amount, not exceeding onehalf of one mill on the dollar valuation, on the grand list of the taxable property of the said city; and the amount so levied and assessed shall bo collected in the same manner as other state and county taxes are collected. SEC. 2. It shall be the duty of the assessors in the several wards, election districts and townships in the state, when they are making the assessment of eighteen hundred and sixty-four, to take an enumeration, by name, of all the soldiers and marines who are then in the service of the state or United States, or who have died or been disabled in such service, from their several wards, townships, and election districts, being residents therein when entering said service, and also of those whose families are resident therein, having become residents of said ward, township, or election district, by removal into the same, and also designating any who were residents therein when entering the service, but whose families have since removed from said ward, township, or election district, naming the company and regiment to which they belong, and make an accurate return under oath to the trustees of their respective townships, wards, and election districts, designating those who have families, and those who have not; and where there are families, the number, sex, and ages, naming such as are necessitous. It shall be the duty of said trustees to revise the same, inserting such names as may have been omitted, and return such revised enumeration to the auditors of their counties, on or before the fourth Monday of May, eighteen hundred and sixty-four. This act shall not apply to the family of any soldier or marine who is dishonorably dismissed, or a deserter from the service. SEC. 3. That it shall be the duty of the auditors of the several counties to furnish to the assessors of their respective counties, such blanks as may be necessary for taking the aforesaid enumeration, together with a list of the enumeration of their respective townships, wards, or election districts, returned in 1863; and said auditors shall, within twenty days after said enumeration is returned to them, make out and forward to the auditor of state, a statement showing the number of soldiers and marines included in said enumeration. SEC. 4. It shall be the duty of the auditor of state to open proper accounts with each county in the state, and apportion the funds so raised board of commissioners re. quired to levy additional tax. City councils may also levy additional tax. Assessors to take enumera tion of soldiers and marines; -and make return to trustees. Necessitous families. Trustees to revise and return enumeration to county auditors. Soldiers dis honorably dismissed, or deserters. Blanks to be furnished by county audit ors. ors to make County auditstatements to auditor of state. Auditor of state to appor tion funds raised on state levy. County commissioners to take control of funds, --and apportion same. How drawn out and distributed. upon state levy according to the enumeration and returns made to him by the several county auditors, and pay over the same to the county treasurers, at their semi-annual settlement with the state. SEC. 5. That the commissioners of the several counties respectively, shall take control of said funds, for the purposes named in this act, when paid into the county treasuries, and shall apportion the same to the several townships and wards in their respective counties, according to the necessities of the families aforesaid, as returned by the trustees of the several townships, wards, and election districts as provided for in section two, which shall, on the warrant of the county auditor, be paid to the several township treasurers, and in cities of the first class to the treasurers thereof, and shall be drawn out upon the order of the trustees of the several townships, wards, and election districts, and be distributed by them for the relief of the necessities of the families of noncommissioned officers, musicians, and privates in the service aforesaid, in money, as their necessities may require, under such rules and regulations as said commissioners may prescribe; but if it appears to the trustees that any family is making an improper use of the money, it is hereby made their duty to provide otherwise for the necessities of said families. Said trustees shall afford the relief contemplated by this act, to the family of any soldier or marine heretofore or hereafter deceased or disabled in the service aforesaid. No money raised by the state levy authorized by this act, shall be used by the commissioners or trustees, otherwise than to meet the future necessities of said families: provided, that this act shall not be so construed as to exclude from its benefits the families of colored soldiers or marines actually in the service of the United States, or who have died or been disabled therein; provided, further, that the benefits of this act shall be extended by the township trustees and the county commissioners aforesaid, to the necessitous families of all soldiers or marines, in the service of this state or the United States, and who were residents of this state at the time of their enlisttime of enlistment, without regard to the locality from where such soldier entered the service. Improper use of the money. Families of deceased or disabled sol diers. Proviso. Families of colored soldiers. Further proviso. Residents at ment. tees. SEC. 6. And the trustees of the township shall keep a fair and acDuties of trus- curate account of all moneys expended for the relief of the families of any soldier or marine in the service of the state, or United States, as aforesaid, and not being a resident of such township when entering said service, and certify said account with the vouchers for the same, to the trustees of the township of which such soldier or marine was a resident at the time of his entering said service, and such trustess shall cause from the funds for the relief of the families of volunteers in said township the amount so paid, to be repaid to the township paying the same, and upon refusal, may be compelled by a civil action brought before any justice of the peace or court of common pleas of the county in which either or both of the townships may be situated; and the trustees of each and every township in this state, are hereby empowered to sustain said actions against the trustees of any other township in this state, for thus giving relief to the family of any soldier or marine removing from one township to another as aforesaid. Trustees to render ac count to commissioners. SEC. 7. That said trustees shall, on the first Tuesday of April and October of each year, render an account to the commissioners of their respective counties, of all funds that have or may come into their hands under any law of this state, for the relief of soldiers' families, and the County audi- county auditor shall make an abstract thereof, showing the number of families relieved, the aggregate amount paid out for that purpose, and tor to make abstract. the amount levied, if any, by the board of commissioners of their respective counties, and forthwith forward the same to the auditor of state. SEC. 8. That in case of the neglect, refusal, malconduct, or disability of the trustees of any township, ward, or election district, in the discharge and performance of the duties by this act enjoined upon them, the commissioners of the proper county shall appoint not more than two suitable persons in such township, ward, or election district, to discharge and perform the said duties, who shall have full power, and are hereby authorized to do all and singular the acts and duties which said trustees could, or might do under the provisions of this act, and in case of the like neglect, refusal, malconduct, or disability of the commissioners of any county, or a majority thereof, in the performance of their duties under this act, the governor of the state, being satisfied of such neglect, refusal, malconduct, or disability, whereby the distribution and proper application of the funds provided by this act, is hindered, delayed or improperly performed, shall appoint one or more suitable persons, citizens of said county, to serve during his pleasure, and the persons so appointed are hereby authorized and required, with due diligence, to do and perform all and singular the acts, powers and duties, conferred and enjoined upon said county commissioners, by and under the provisions of this act. And any moneys in the treasury of such county, provided under this act, shall be paid and disbursed upon their order, in like manner as the same could have been done by the order of the said county commissioners in the discharge of their duties under this act, or any former act for the relief of the necessities of the families of soldiers and marines. SEC. 9. In all townships and cities having no treasurer, the county treasurer shall perform the duties required by this act. SEC. 10. That in case any of the families included in the revised returns of the enumeration made by the trustees of the several wards, townships and election districts, to the auditors of their counties, as provided for by section two of this act, shall remove from one ward, township, or election district to another, shall produce from the trustees of the ward, township, or election district from which they shall have removed, a certificate showing they had been duly enumerated and returned, and the amount of relief received from the trustees of the ward, township, or election district, from which such family shall have removed, to the trustees of the ward, township, or election district to which they shall so remove, and such certificate shall entitle them to relief the same as if they had been enumerated in the ward, township, or election district to which they may have removed. SEC. 11. To anticipate the receipts which may come into the county treasuries, by virtue of the tax levied under the authority of this act, the said commissioners are hereby authorized and required to borrow, from time to time, as may be deemed necessary, such sums of money as shall not exceed, in the aggregate, four-fifths of their proportion of the tax levied by this act, and may, to that extent, temporarily transfer money from any other fund except the school fund. The money so borrowed shall be repaid with interest, not exceeding six per cent. per annum, out of the relief fund, when paid into the county treasury. word family, as used in this act, shall be construed to mean only a wife, dependent minor child or children, dependent parent or parents, sister or sisters. The est. SEC. 12. No compensation shall be allowed to, and no per centage No compensa 2-LAWS. tion for ser shall be charged by, any officer or person for any service rendered unvice rendered. der the provisions of this act. SEC. 13. This act to take effect from and after its passage. JAMES R. HUBBELL, Speaker of the House of Representatives. President of the Senate. February 25, 1864. to be filed. AN ACT To amend sections three and four of an act entitled "an act to provide for the collection of claims against steamboats and other water-crafts, and authorizing proceedings against them by name." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the act entitled "an act to provide for the collection of claims against steamboats and other water-crafts, and authorizing proceedings against them by name," passed February 26, 1840, be so amended as to read as follows: Section 3. When suit shall be commenced against the craft, the How petition plaintiff shall file his petition in the court having jurisdiction of the same against said craft by name, if she have a name; and if not, by a pertinent and substantial description of the same, which petition shall contain, as in other civil actions, a statement of the facts constituting the plaintiff's cause of action, and a demand for the relief which the plaintiff supposes himself entitled to. Clerk of court to issue summons, and warrant for seizure. SEC. 2. That section four of said act be so amended as to read as follows: Section 4. The clerk of the proper court shall, on such petition being filed in his office, issue a summons as in other civil actions, together with a warrant, returnable as other writs, directing the seizure of such craft by name or description, as provided for in the third section of this act, or such part of her apparel or furniture as may be necessary to satisfy the demand, and to detain the same until discharged by due course of law; and the officer executing the writ shall return it with an inventory of the effects seized and held under it. JAMES R. HUBBELL, Speaker of the House of Representatives. Š. HUMPHREVILLE, President pro tem. of the Senate. February 29, 1864. AN ACT To restrain frauds in the recruiting service. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That if any person shall directly or indirectly charge or receive, Receiving pay for procuring except in pursuance of law, or some military order authorizing him improper dis- thereto, any money, or other property in consideration of, and as a recharges. ward for services rendered, or to be rendered in procuring another to be |