Year: 1861

or bill of indictment found'against
the person or persons heldto an
swer for such offense in the proper
court at which such persoHsor per-
sons are held to answer, the clerk
of such court shall certify that fact
to the justice of the peace before
whom such person or persohs were
held to answer, and thereulbn said
justice shall enter such cdtifcate
on his docket, and shal en9 9er'
Judgment aGaipst SID pare
planning for the costs which have
accrued upon the issue of such
warrant, unless the justice shall be
of the opinion that the complainant
had reasonable grounds for institu-
ting such prosecution; and in case
said justice shall consider such
complainant wholly irresponsible,
such justice may in his discretion
refuse to issue any warrant, unless
the complainant procure some re-
sponsible security to the satisfac-
ton of such justice for said costs,
in case of such dismissal, failure to
file and prosecute such complaint
or find bill of indictment in the
proper court before which said per-
son or persons are held to answer,
and said security shall acknowledge
himself so bound; and the justice
shall enter it on his docket, provi-
ded, however, that in no such case
shall costs be paid out of the coun-
ty treasury.


SEC. 2. This act shall be in force
from and after its passage.


ED. A. PARROTT,


Speaker pro TEN. of the House of Represen.
tatives.


ROBERT G KIRK,


President of the Senate.
Passed April 9, 1861.


AN ACT


To provide more efectually for the


defense of the state against inva-


sion.


SECTION /. Be it enacted By the
General Assembly of the State Of
Ohio, That the governor be and he
is hereby authorized, in case of in
vasion Of the state, or danger there
of to take measures to call into, ac-
tive service such numbers of the
militia of the state as in his opin-
ion may be necessary to defend the
state and repel such invasion: and
when so called into active service,
the said militia shall serve at such
place and places as in the Judgment
of the governor may be best adapt
ed to repel the invasion and defend
the state against the same, and shall
be governed by the military laws
of this state, and the rules and ar
ticles of war of the United States,
and organized in accordance with
the provisions of the act entitled
san act to provide for the rapid or
ganization of the militia of Ohio,
enlisted under the requisition of
tho President of the United States" !"
passed April 23, 1861.


SEC. 2. That the governor be
and he is hereby authorized if he
shall deem it expedient, to contin-
ue in the service of the state for a
term not exceeding three months,
the militia of the state, who have
volunteered under the requisition
of thepresident of the United States
and the proclamation of the gov
ernor but not exceeding nine regi-
ments in addition to the thirteen
regiments called out on behalf of
the federal government and also
accept not exceeding eight compa-
nies, to be organized in part as cav
airy and in part as batteries of ar
tillery, in such proportions as he
may think expedient. The regi-
ments and companies so continued
in service, shall be subject to be
transferred to the service of the
United States at any time.


Sec 8. In addition to the brig
adiers general provided for by the
act entitled Gan act to provide for
the rapid organization of the mill
tia of Ohio enlisted under the requi-
sition of the President of the Uni
ted States" passed April 23, 1861,
the governor may designate from
among the general officers now in
commission two additional briga-
diers general, to take such COM
mand as he may assign them.


SEC. 4. All contracts hereafter
made for the subsistence of volun-
teer militia shall be let to the low
est bidder after the governor shall
have caused notice of such letting
to be published in at least one pa
per Of general circulation in the
county where such militia is to be
subsisted for not less than one day;
all bids shall be in writing and
sealed, and shall be opened. and
the contracts awarded at such time
and place as shall be specified in
said notice, the contractor to give
security for the performance of the
contracts to the satisfaction of the
governor.


SEC. 5. For the purposes men
toned in the first section of this


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