SEO. 4. That measures for measuring dry commodities not usually heaped, shall be struck with a straight stick with the edge rounded; and all commodities not liquids, when sold by the gallon or less, shall be sold by dry measure. SEC. 5. That the standards of weights and measures adopted by this act, shall be deposited in the office of the secretary of state, who is hereby ex-officio made sealer of weights and measures of this state, and that the same shall be kept in the boxes which have been furnished by the general government, and only opened for the purpose of comparing such standard with the copies hereinafter provided for the use of the several counties, unless by a joint resolution of both houses of the general assembly, or upon the call of either house for information, or by order of the governor, for scientific purposes. Deposited of state. SEO. 6. That copies of the said original standards shall be pro- Copies for use cured by the state sealer, of the following materials, for the use of of counties. each county in this state, not already furnished, in pursuance of an act entitled "an act to provide for a uniform standard of weights and measures," passed February 21st, 1846, to wit: one-half bushel measure of one-eighth inch copper with brass rim; one gallon measure of one-sixteenth inch copper, with brass rim and handle; one-half gallon, one quart, one pint, and one-half pint measures, to be made in the same manner, and of the same material; fifty, twentyfive, twenty, ten, five, four, three, two, and one pound weights, avoirdupois, to be made of cast iron, turned, polished and trimmed; and one-half pound, one quarter pound, two ounce, one ounce, half ounce, and quarter ounce weights, troy, to be made of brass; one brass yard measure, graduated into feet, inches, and tenths. with auditor. SEC. 7. That copies of the said original standards, made in the Deposited manner aforesaid, shall be deposited by the state sealer, or some one under his direction, in the auditor's office of each county in this state, not already furnished in pursuance of the act referred to in the preceding section, and the county auditor of each county in this state, is hereby made county sealer of weights and measures in his county, and shall be responsible for the preservation of the copies respectively delivered to them. SEC. 8. That the state sealer shall cause to be impressed upon each of said standards the letter O, and such other device for each county as he may direct, prior to the deposit thereof in the several county offices, which device shall be recorded in the office of the state sealer, and a copy of such record furnished to the several county sealers. Device to be recorded. SEC. 9. That the state sealer shall furnish the town sealer of Copies for each incorporated town and city in this state, copies of the said municipal original standards at the expense of said town or city, with such corporation. device as the constituted authorities of such incorporated town or city shall direct. SEC. 10. That such town or city sealer shall compare the copies in his possession with those in the office of the county sealer, in the several counties, once in three years. To be proved once in three years. SEC. 11. That the several county and town sealers shall compare Duties of all weights and measures, which shall be brought to them for that sealers. purpose, with the above mentioned copies of such standards in their possession; and when they are made to compare to the legal standards, the officer comparing the same shall seal and mark such weights and measures. Fees. Delivery to successor. Penalty for refusal. Surveyor's chairs. When act not SEC. 12. That each sealer shall be allowed to receive for his services at and after the following rates: For sealing and marking every beam, ten cents; for sealing and marking measures of extension, at the rate of ten cents per yard, not exceeding twenty five cents for any one measure; for sealing and marking every weight, five cents; for sealing and marking liquid and dry measures, if the same be of one gallon or more, ten cen's, and if less than one gallon, five cents; and a reasonable compensation for marking such weights and meas. ures so as to conform to the standards established by this act. SEC. 13. That whenever any county sealer shall resign, be removed from office, or remove from the county, it shall be the duty of the person so resigning, removed, or removing, to deliver to his successor in office. all the standards beams, weights and measures in his possession; and in case of the death of any such sealer of weighs and measures, his representatives shail, in like manner, deliver to his successor in office such beams, weights and measures. SEC. 14. That in case of a neglect or refusal to deliver such standards entire and complete, the successor in office may maintain a civil action against the person or persons so refusing or neglecting, and recover double the value of such standards as shall not have been delivered, with costs of suit, and shall be retained by the person recovering the same, and shall be by him appropriated to the purchase of such standards as may be required in his office. SEC. 15. That no surveyor shall give evidence in any cause pending in any of the courts of this state, or before arbitrators, respect ing the survey or admeasurement of any lands, unless such surveyor shall make oath, if required, that the chain or measure used by him was conformable to the standards of this state. SEC 16. That the provisions of sections fifteen and twenty of to be enforced. this act, shall not be enforced in any county, unless such county shall have been furnished with copies of the standards of this state by this act established, at least six months previous to the measur ing or surveying mentioned in those sections. Deputies. Appropriation for copies fur nished counties. counties. SEC. 17. That every county sealer of weights and measures shall be authorized and empowered to appoint, by writing, under his hand and seal, a deputy, whose duty it shall be to compare weights and measures, brought to the office of the county sealer for that purpose, with the above mentioned copies of the original standards in the possession of said county sea'er, and who shall receive for the performance of that duty the compensation in each case provided by the twelfth section of this act. SEC. 18. That the state sealer, whose duty it is made to procure and deliver said copies to county sealers, shail present his account to the state auditor for all sums by him paid, and liabilities incurred, in procuring and delivering the same, and for his services rendered therein; and the auditor of state shall audit the same, and draw his order upon the state treasurer in favor of the state sealer, for the amount which he finds due, and the treasurer of state shall pay the same out of any money in his hands belonging to the general revenue fund. Copies now in SEC. 19 That the copies of the standards now in possession of possession of the state sealer, which were made and delivered to the several county auditors, i pursuance of an act entitled "an act to provide for a uniform standard of weights and measures," passed February 21, 1846, are hereby declared to be legal standards lor said counties. using false weights or measures. SEC. 20. That if any person or persons shall hereafter use any Penalty for weights, measures or beams, in weighing or measuring, which shall not conform to the standards of the state established by this act, or any other measures established by law, whereby any dealer in, purchaser or seller of, any commodity or article of traffic shall be injured or defrauded, such dealer, purchaser, or seller, may maintain a civil action against the offender, and if judgment be rendered for the plaintiff, he shall receive double damages and costs of suit: Provided, that nothing in this section shall apply to the buying or selling of stone coal, cokes, unslaked limes, or any of the commodities enumerated in an act entitled "an act to estalish a uniform standard of weights and measures," passed April 5, 1859. SEC. 21. That an act entitled "an act passed February 24, 1848, to amend the act to provide for a uniform standard of weights and measures," passed February 21, 1846, is hereby repealed. SEC. 22. This act shall take effect and be in force from and after its passage. RICHARD C. PARSONS, Speaker of the House of Representatives. Passed April 11, 1861. President of the Senate. AN ACT To enroll the militia of the state. SECTION 1. Be it enacted by the General Assembly of the State of List of persons Ohio, That the county auditors of the several counties of this state subject to milshall instruct the assessors of the several townships and wards of itary duty. cities, to perform all the duties required of them by this act. That it shall be the duty of the township assessors of the several townships, and the assessors of the several wards of the several cities, to prepare a list of all persons subject to military duty, in their respective wards, townships, or districts, save and except members of uniform volunteer companies, at the time of making the annual assessment of the property, in the year 1861, and thereafter at each time of taking the census of white male inhabitants, as provided by law, which list should be deposited in the auditor's office of the proper county; and it shall be the duty of such auditor, annually, on or before the first day of November, to return an accurate copy of such records of enrollment to the adjutant general of the state, to be by him filed in his office, and an abstract of the aggregate number of persons so returned shall be forwarded by the adjutant general of the state to the war department at Washington city, on or before the first day of January of each year; and if any assessor shall neglect, or from any cause omit to perform his duties, the other assessors, or either of them, of the city, town or ward, shall perform such duties. All tavern keepers, keepers of boarding houses, persons having boarders in their families, and every master and mistress of any dwelling house shall, upon the application of any assessor, give information of the names of all persons residing or lodging in 6-LAWS. Militia of the reserve. Rank when vice. such house liable to be enrolled, and all other information concerning such persons as such assessor may demand. If any person of whom information is required by any assessor, in order to enable him to comply with the provisions of this act, shall refuse to give such information, or shall give false information, he shall forfeit and pay not more than ten dollars for each offense. Any person who shall refuse to give his own name, and proper information, when applied to by any assessor, or shall give false name or information, shall forfeit and pay a like sum, such penalties to be recovered in any court of competent jurisdiction in the name of the state of Ohio; and it is hereby made the duty of the assessors to report the names of all persons who may incur any penalty in this section prescribed, to the commandant of the brigade in which they reside. All moneys collected under the provisions of this act shall be paid to the county treasurer, and go to the military fund of said county. SEC. 2. That besides the active militia, there may be organized from the militia of the state, enrolled under the last or any future enrollment, a militia of the reserve, as follows, viz: whenever forty or more members of the enrolled militia shall forward to the adjutant general their enlistment-roll, similar in general features to that for the organization of the active militia, except it may be for a period not less than one year, he shall make record of the same, and cause the brigadier general of the brigade wherein said enrolled militia are citizens, to order an election for officers of said companies, and said election shall take place as provided for election for officers of the active militia, except that said company may elect their own judges and clerk of election; and immediately upon said election and its returns to the adjutant general, commissions shall issue to the officers elect, as of the militia of the reserve; and whenever the public service requires a larger force than the active militia, said militia of the reserve shall be the portion of the enrolled militia first called into such service. SEC 3. When called into service, said militia of the reserve called into ser shall be attached to such battalions or regiments as the commanderin-chief shall direct, and upon being so attached and uniformed shall be commissioned as active militia, and they shall rank as such therefrom: Provided, that among different companies of said militia of the reserve so called into service, their relative rank shall be determined by the date of their first enlistment. Transfer into SEC. 4. That the transfer of companies into the active militia active service. shall be, by order of the commander-in-chief to the brigadier general of a given brigade, directing what companies within his brigade limits shall be so transferred, whereupon said companies shall become parts of given regiments or battalions, the same as if originally enlisted as active militia. Officers. SEC. 5. The officers of said militia of the reserve, and of the active militia hereafter commissioned, shall consist of the following, viz for infantry and cavalry, of one captain and two lieutenants, and for artillery, one captain and one lieutenant. SEC. 6. That division courts shall be held during the month of Division and October of each year, for the assessment of fines and other cause, brigade courts. upon the same basis prescribed for the brigade courts now authorized by law, and with like powers, two weeks notice being first given of the holding of said court; and in cases where no encampment has been held, there shall also be a brigade court called upon like notice, during the month of October, the same as in cases provided for by law where an encampment has first been held. SEO. 7. It shall be the duty of the adjutant general to furnish Forms. the auditor of each county of this state with a blank form for the returns required by this act. SEO. 8. That this act shall take effect from its passage. RICHARD C. PARSONS, Speaker of the House of Representatives. Passed April 12, 1861. President of the Senate. AN ACT To amend the act entitled "an act for the further organization and discipline of the militia and volunteer militia," passed March 23, 1859. SECTION 1. Be it enacted by the General Assembly of the State of 2d brigade of Ohio, That the second brigade of the first division shall include 1st division. within its bounds the townships of Anderson, Springfield, Sycamore, Symmes and Columbia; and that the third brigade shall include within its bounds the townships of Millcreek, Spencer and Cincin- 3d brigade. nati. SEC. 2. That the new military division of the territory of the General provistate, prescribed in the sixth section of the act to which this is an sions. amendment, shall be carried into effect by the adjutant general as soon as vacancies, for any cause, shall occur; and failure of commissioned officers to uniform within the time enjoined by law, shall be deemed to have created, and shall create such vacancy; and the new divisions shall correspond to the judicial districts, and the new brigades shall correspond to the judicial sub districts: Provided, that the commander-in-chief may attach contiguous counties of different divisions, temporarily, when he shall deem the same best, and reduce the number of brigades in the tenth judicial district to two: Provided, that the present number of brigades of Hamilton county shall remain, and that this change shall not deprive general officers, who have already fully uniformed, from retaining the command of so much of their new district as accords with the said new territorial divisions of the state. Said section six, of an act entitled "an act for the further discipline of the militia and volunteer militia," passed March 23, 1859, is hereby repealed. SEO. 3. That the field musicians and regimental bands shall be Bands. enlisted in their respective corps, be inspected and returned, and be subject to the same laws and regulations that govern the other mem bers of the volunteer militia. SEC. 4. That the general regulations heretofore authorized by General regulaw, for the better organization of the militia, and such as are issued lations. persuant thereto, shall have the same force and effect as the provisions of the statutes passed for that purpose. struction. Sec. 5. That the commander-in-chief may, if he shall deem the Camp of insame advisable, order a camp of instruction to be held once a year for four days, during the period of legal encampments, at which |