Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-04-23

of such act shall forfeit and pay over for ever
musket sword, sabre or pistol, or cannon, dOubl,
the contract price for such article, as estimated al
or by The ordnance department at Washington CT,
ty, with costs Of suit or if any person or person.
shall be found guilty ofbiding or secreiug, detain.
ing, or refusing to give up or deliver any Of the
arms or camp squipage aforesaid. shall psy dou.
be the contract price with costs of suit, aud if said
sum is not paid by such person or persons, afteI
Judgment rendered against him, Der, or them
within ten days, or bail put in for stay OfexecutiOn,
an execution shall issue, aud such person may b,
confined in the county Jail by order Of the com.
mandant Of brigade for any time not exceeding
thirty days at the expense Of the proper brigade
or at the expense Of the state, if then paid, to be
paid out of the military fund, and any justice o.
the peace in the township where the person OF
persons reside, shall have jurisdiction to try all
cases under three hundred dollars, but all suits
brought for three hundred dollars or more, shall
be tried in any other court having competent ju-
risdiction for the collection of such fines and when
such fine is paid over by the defendant or defend
ants, it shall be paid over into the treasury, after
paying the costs of combining any one in jail
Provided, That any and all persons who have a
legal right to hold or keep any Of the articles
named in this section, shall not be liable by this
act; all suits shall be brought in the name Of the
State of Ohio and may be prosecuted by the
commandment of brigade, or any person he may
authorize so to do. Persons claiming to have a
legal right to hold any of the articles named in
this section, on demand of the proper officer, shall
show a written authority, signed by the quarter
master general, or commandments of divisions, bri.
gades, regiments, squadrOns or battalions.
MAJOR GENERALS ELECTION.
Sec. Al. Whenever the Office of Major Ger
eral becomes vacant in any or all Of the division;
of the volunteer militia of this State for any causC
whatever, the Governor through the Adjutan.
General, shall Immediately give at least thirty
days notice in one OF more newspapers published
within the bounds of each brigade, and if there i
no newspaper published in each or all of said brl
gades, then he shall cause public notice to b
stuck up in at least five public places within th'
bounds o feach brigade, ordering the electors to
meet at a certain time and place as follows Al
the commissioned and staff o%ficers aud all lega
electors within the bound of each brigade shall
meet at the head quarters of the commandant o.
of brigade, or county seat of such brigade, and
when met the highest officer in command who Ii
not q candidate shall preside, and shall take two
other electors present who are not candidates as
Judges of said election; and also Que other electol
as clerk Of the election; and the judges shall, be-
tween the hours of ten O'Clock, AM, and three
O'Clock P, NJ, of said day, receive the ballots Of
the legal electors, who reside within the bounds Of
said brigade, and the clerk shall enter the name
of such elector in book to be provided for the
purpose; and at the close Of the election the jud
ges aud clerk shaI! count the ballots and compare
the same with the poll books, and shall forthwith
decide the state of the poll to the electors present
and shall forthwith make out a true copy of the
same attest9d and signed by said judges and clerk
which copy shall remain in the hands Of the
clerk for the inspection of any legal voter wishing
to examine the same and until said Major Gener.
al is known to have been duly elected and com.
missioned: but the original poll book shall be
forthwith sealed up and forwarded by mail to
the Adjutant General, who shall retain said poll
book in his hands for the space of fifteen days from
the date of said election, and if no notice is given
by some one or more legal electors of said e%ivision,
that he intends to contest said election, then the
Adjutant General shall forthwith cause a commits
sion signed by the Governor to be forwarded to
said Major General elect. And when there is nc
commissioned and staff officers in any brigade
the legal electors who are liable to do military du.
ty in time ofpeace may meet at the county seat Of
any county in which they reside, and when met
may choose any four of the electors present who
are not candidates three of whom shall serve as
Judges, and the fourth as clerk of said election,
when said election shall in all respects, DO conduc-
ted as herein provided.
Sec. 40, Whenever there is any volunteer uni
formed company situated so that it is not conve-
nient to the members thereof to meet and hold
their elections at the head quarters of comm and
ant of brigade or county seat of the county in
which they reside, then such company may hold
their election at the most convenient place where
they usually parade, muster or drill, and when
met, shall conduct their election as near as may be
in the manner hereinbeCore provided: Provided,
that any legal elector under the provisions of this
act, may vote at such time and place, and with
the members of any volunteer or independent
company for any officer above the rank of captain
;f u sheIl onnasr N said IaoaI votnrs 10 h. .Lo ,..