Swan's R. S. 971. Election of marshal, trea surer.clerk, solicitor. AN ACT To amend section 69 of an act passed May 3, 1852, entitled "an act to provide for the organization of cities and incorporated villages." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-nine of an act entitled "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, be so amended as to read as follows: Section 69. The qualified voters of each city of the second class shall elect a city marshal, who shall hold his office for one year; a city treasurer, who shall hold his office for one year; a city clerk, who shall hold his office for two years; and a city solicitor, who shall hold his office two years. Each of said officers shall continue in office Terms of office. until his successor is elected and qualified, and shall have such powers and perform such duties as are prescribed by any ordinance of the city not inconsistent therewith. Sec. repealed. SEC. 2. That the said original section sixty-nine be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. President of the Senate. March 29, 1859. Swan's R. S. 670. Sale of mortgaged property. Sec.repealed. AN ACT To amend section 374 of an act entitled "an act to establish a code of civil pro. cedure," passed March 11, 1853. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three hundred and seventy-four of an act entitled "an act to establish a code of civil procedure," passed March 11, 1853, be so amended as to read as follows: Sec. 374. In the foreclosure of a mortgage, a sale of the mortgaged property shall in all cases be ordered; and when the same mortgage embraces separate tracts of land, situated in two or more counties, the sheriff of each county in which such separate tract or tracts are situated, shall be ordered to make sale of the lands situated in the county of which he is sheriff. SEC. 2. That section three hundred and seventy-four of the act entitled "an act to establish a code of civil procedure," passed March 11, 1853, is hereby repealed. SEC. 3. This act shall take effect on its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. March 29, 1859. President of the Senate. AN ACT Supplementary to an act entitled "an act to provide for the organization of Swan's R. s. cities and incorporated villages," passed May 3d, 1852. SECTION 1. Be it enacted by the General Assembly of the State 935. population em classes of per of Ohio, That the city council of all cities of the first class, Cities of certain which, at the last federal census, had a population exceeding powered to puneighty thousand, shall have power to provide for the punish-ish certain ment of vagrants, common street beggars, common prosti- sons named, &c. tutes, habitual disturbers of the peace, known or reputed pickpockets, burglars and thieves, watch stuffers, ball-game players, persons who practice any trick, game or device with intent to swindle, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves; and such punishment may be either by imposing and collecting fines or by imprisonment at hard labor, or both at the discretion of the court: provided that no such person shall be fined for a single offense to exceed fifty dollars, and that such imprisonment at hard labor shall, for the first offense, not exceed thirty days, for the second offense, ninety days, for the third offense, six months, and for the fourth or any further repetition of the offense, one year. They shall have power to provide that all persons who shall refuse or neglect to pay the fine imposed on conviction of any offense, together with the costs of prosecution, shall be imprisoned and kept at hard labor until, at the rate of seventy-five cents for each day's labor, exclusive of Sundays, they shall have earned an amount equal to such fine and costs. They shall also have power to make suitable regulations to conduct such labor to the best advantage, and in a manner consistent with the age, sex and health of the prisoners, and such labor may be done at the city prison, the city work-house, or elsewhere, if within a suitable inclosure, and under the charge of such officers or other persons as the city council may select. And the said city council may also provide suitable hospitals for the reception and care of such prisoners as may be diseased or disabled, the same to be under such regulations and under the charge of such person as the council may by ordinance direct. SEC. 2. This act shall take effect and be in force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. March 29, 1859. President of the Senate. 55 Laws. AN ACT To amend the fourth section of an act entitled "an act to authorize the making of real estate indexes, and further to prescribe the duties of county commissioners and recorders in certain counties," passed February 14th, 1859. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four of an act entitled "an act to authorize the making of real estate indexes, and further to prescribe the duties of county commissioners and recorders in certain counties," be so amended as to read as follows: Sec. 4. For every entry in such general index of any lot, Recorder's fees. piece or parcel of land, the recorder shall be allowed the sum of ten cents, to be paid by the person leaving such instrument of conveyance or transfer for record. SEC. 2. Section four of the above recited act is hereby repealed. SEC. 3. This act shall take effect from and after its pas sage. WILLIAM B. WOODS, Speaker of the House of Representatives. March 29, 1859. President of the Senate. Offense defined and penalty. AN ACT To prevent and punish fraud in the use of false stamps, brands, labels, or trade marks. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person or persons who shall knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited any representation, likeness, similitude, copy or imitation of the private stamp, brand, wrapper, label, or trade mark, usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to and upon the goods, wares, merchandise, preparation or mixture of such mechanic, manufacturer, druggist, merchant or tradesman, with intent to pass off any work, goods, manufacture, compound, preparation or mixture, to which such forged or counterfeited representation, likeness, similitude, copy or imitation is affixed or intended to be affixed as the work, goods, manufacture, compound, preparation or mixture of such mechanic, manufacturer, druggist or tradesman, shall upon conviction thereof, be imprisoned in the county jail for a period of not less than three months nor more than twelve months, and fined not exceeding five hundred dollars. SEC. 2. That any person or persons who shall have in his Same. or their possession any die or dies, plate or plates, brand or brands, engraving or engravings, or printed labels, stamps, imprints, wrapper or trade marks, or any representation, likeness, similitude, copy or imitation of the private stamp, imprint, brand, wrapper, label, or trade mark usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to or upon articles made, manufactured, prepared or compounded by him or them, for the purpose of making impressions, or selling the same when made, or using the same upon any other article made, manufactured, prepared or compounded, and passing the same off upon the community as the original goods, manufactures, preparations or compounds of any other person or persons, or who shall so in fact sell or use the same, or who shall wrongfully and fraudulently use the genuine stamp, brand, imprint, wrapper, label, or trade mark, with intent to pass off any goods, wares, merchandise, mixtures, compounds, or other article not the manufacture of the person or persons to whom such stamp, brand, imprint, wrapper, label or trade mark properly belongs, as genuine and original, shall, upon conviction thereof, be imprisoned in the county jail not less than three months nor more than twelve months, and be fined not exceeding five hundred dollars. SEC. 3. That any person who shall vend or keep for sale Same. any goods, merchandise, mixture or preparation, upon which any forged or counterfeit stamps, brands, imprints, wrappers, labels or trade marks be placed or affixed, and intended to represent the said goods, merchandise, mixture, or preparation, as the true and genuine goods, merchandise, mixture or preparation of any other person or persons, knowing the same to be counterfeit, shall on conviction thereof, be punished by a fine not exceeding one hundred dollars; in each case so offending, the complainant entitled to one-half the amount so recovered. SEC. 4. That it shall be lawful for any justice of the peace within this state, upon affidavit being made by any mechanic, manufacturer, druggist, merchant, or tradesman, or his or their agent or attorney, that he has good reasons to believe, and does believe, that any dies, plates, stamps, or brands are in the possession of any person within his county for the purpose of making false and counterfeit. stamps, brands, imprints, labels, or trade marks, to issue a search warrant, authorizing the search for and seizure of all such dies, stamps, brands or plates, and all such impressions from the same that can be found; and upon satisfactory proof being made that such dies, stamps, brands or plates, or the impressions therefrom, are to be used for the purposes of deception and fraud, such justice shall have full power to Seizure and de false dies, plates. struction of brands, and order all such stamps, dies, brands and plates, and the impressions therefrom, to be publicly destroyed. SEC. 5. This act shall be in force from and after its pas sage. WILLIAM B. WOODS, Speaker of the House of Representatives. March 29, 1859. President of the Senate. Swan's R. S. 961. Interments. Sec. repealed. AN ACT To amend an act entitled "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty-three of "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852, be so amended as to read as follows: Sec. 23. They shall have power to regulate the burial of the dead; to provide without the limits of the corporation, places for the interment of the dead, and to enact and enforce such ordinances as shall be necessary for the improvement and protection of said places of interment; and to prevent any such interment within such limits, and to carry into effect any prohibition against interments within the limits of the corporation, may not only impose proper fines and penalties, but shall also have power to cause any body, interred contrary to such prohibitions, to be taken up and buried without the limits of the corporation. SEC. 2. That the original section twenty-three aforesaid, be and the same is hereby repealed. S. W. GILSON, Speaker pro tem. of the House of Representatives. March 30, 1859. President of the Senate. 55 Laws. The sale of the personal and real estate of minors. AN ACT Supplementary to and to amend an act 'concerning the relation of guardian and ward," passed April 12th, 1858. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 22 of said act shall be so amended as to read as follows: Sec. 22. The guardian of the person and estate, or of estate only, shall have power, when |