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LAWS' OF OHIO.
KV AUTIIOIUI V.
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No. 46. AN ACT
Relating to tlie redcmptlou and cancella
tion of the oecuritiea for the funded debt
of counties in this State.
Section 1. Be it enacted by the General
Assembly of the State of Ohio, That it U
hereby made the duty of the county audi
tor of any county in thia elate owing n
funded debt bearing interest payable at
stated periods, to draw at the proper limes,
Itis warrant upon the treasurer of his
county for the payment of the gross sum
of shcIi install menta of principal or interest
as may be then due, or for such sum of
money in the treasury as may be applica
ble to that purpose, and deliver the same
to the county treasurer of such county, and
it is hereby made the duty of such treas
urer, upon the receipt of Buch warrant, to
make payment of the principal and install
ments of interest of such debt at tho times
and places of payment specified in the se
curity therefor, cut of any money in his
hands applicable to that use; and upon pay
ment of the principal sum or installments
of interest aa herein provided, the treasurer
shall take up and hold the obligation or
interest warrant bo paid till the same shall
be cancelled as herein provided, but if the
interest be provided for in the body of the
obligation and. not by separate warrant
therefor, he shall irdorse the payment
thereof on the obligation and take from
the holder a separate recipt. specifying
ilm date, amount, number and time of
matuiity of such obligation, and the date
ot the maturity of the installment so paid,
and amount and date of the payment.
Sec. 2. If fiom any cause such debt or
installments of interest be not paid at the
time and place of maturity thereof as afore
said, it shall be the duly of the county
treasurer, at any time afterwards, to pay
the same as funds in his hands applicable
lo that use may admit; but tf the treasurer
was ready' with funds at the time and
place ut' maturity thereof to make payment
of any such debt or any installment of in
teiesl thereon, and the holder of the evi
dence thereof did not have the same then
and there present and in readiness to be
surrendeivd, or to have the payment in
dorsed thereon as aforesaid, the county
shall not thereafter be bound to ray any
interest, thereon, till payment shall have
been afterwards demanded at the office of
tl.u county tieasurer, and the same re
S..j. 3. It shall be the duty of the
county treasurer aforesaid, on or before
iho first Mondny of Jun next after this
act. takes effect, to enter in a book to be
provided for that purpose, at the expense
of the county, to be entitled funded debt
to the credit of funded debt, the amount
of nionev in cross then in his hands ap-
Groceries, .h?"'". 1 rl-hl i he uavment of such debt, and
Kiist Hide ol t; inn street, mi t -- tr j -
corner of Front, 1
Co". ml r" transient advertise mcnts must he
f"Xrt"'.l. not havlnir the nnmh-r of Inyor
tion.marked on copy, will be continued until for
bid, nnd churned accordingly.
i jus r n kss mitEoo .l.X:
m1 a W.ANTS. Attorney and bounce
at l.iiw, Pomeroy, O. Office in the Court House
tnunsulorsitt law und rliernl collecting iiti;"i,
Pomeroy, O. office in the Cu.irt-Housa. J-')
jmfN V.TrTNSi: J7B H. K 1H.IAKT.
1IANNA & EARUART, Attorneys nt
Law, Homor.iv, . All buiin' entrusted to their
euro will receive prompt attention.
TTlC)iAS TCAIILETON, Attorney nnd
Counselor lit Law. Utile, l.lnn Mreet, uurt side,
two doors above T. J. Smltlrs Shoe Store o,.,m,.;, e
tl.o Keu.li.ton House. All bu.in.'. enlrii.tl to
bi.. cure will receive prompt attention.
tsnwriHS St GROSVENOU. Au-.i-
...... ... i.. Alliens. Athens County, Ohio,
.ilt'eiid the .ovenil Courts of Mels roimty
iid duy r each term
0XlTEi3"""sT ATKS ILO TEL. M. A.
Hi bhon, Proprietor; (lo-iiKTiy "V;lded ' M. A.
Wubiter) oui s.piur- b.;lw tl.o HoIIIiik-M.II.I'"""-
rov O By oniluuvors to uccmu dale bull, man
no'.l l.eusl in tl.o 1.01 uianiu'r. Mr. Hudson hopes to
receive a constantly li.freiislnn immunise. -J-J-lJ;
IR a .OlM-O HOC KRI KS t ; M) I Mlj o.
ISAAC FALLEK, Clothier, Grocer and
Dry Goods Dealer, tirt Mop' above Imin.ally &
Jenniiur' , near the Kollintr-.Mili. Pomeroy. O.
Couiury Merchiints are respectfully n;iu"le'l to
call und eviiniino my Mock ol urocones, us 1 am
eonllilenl tlllit I lllinot lie lindiTsol.L .
BRANCH At CO., Dealers m- Dry
Odlce ut the
II IN US.
I'lilir.lCOY ltOt.M.i CO
Keep const'tntly on hand ami mnmilHc-
tnro to order, all kinds nd sixes of Hat, round mid
suui.ro Iron of superior quality, which they ol sr,
wholesale and retail, ul current rales. Also,
Aineriesn and Swede nail rods, steel und iron
plow-wluirs, cast mid shear steel, wagon hoses
'scrub-iron und kidney ore taken in exchniijce.
i3.1V. l. a. osrnoM, supt.
J. W. JONES," Proprietor Middleport Sash
Fnctorv nnd Plu.iintr Mill, will llll all orders In his
lino of" business punctually, nnd at low rates, by
ntl dressing or npplyinit to Him at .Miitoieport
received uy mm
siTKAM SAW MILL. Front street, Poin-
erov. near Kurr's Kun. Mul K. Nye, Proprietor,
Lumber sawed toorder on short notice. Plastering
lath constantly on hand, for salu. -
KEVGERVILLE Steam (rriat Mill N.
Stownrt, Proprietor has been recently rebuilt, and
1 is now prepared to do good work riiptl);.
JOHN S. DAVIS, has his Planing Ma-
UMn Him. Fomurov. in iroou ortitsr, uii.i
constant operation. Flojjoi.g.
, kopt eonstantly on hand, to till orders. 1-10
PETER LAMBRECfiT,"YVaiolmaker fe
Dealorln Watches, Clocks, Jewelry and Fancy
Articles, Court street, below the new Banking
House, Pomoroy. Watches, Clocks and Jewelry
carefulljr repaired on short notice.
V. A. A I CHER, Watchmaker and Jew
eler, and wholesale and retail dealer In "Watches,
Clocks, Jewelry and Fancy Goods, Front-st., above
the Remington House, Pomeroy. Pnrticularattcn-
tlnn paid to repajrinadUinicles In uiyjo.'": '-
HOOTS AKD SHOES.
TTvVHITESIDET Manufacturer of Boots
and Shoes, Front Ktroet, throe doors above Stone
bridge. The best of werk, for uiaiesani uai.ua
men. mnde'to. ruer.
McQUIGG & SMITH, Leather Dealers
and Fludors, Courtstroot, 3 doors below the Bunk,
and opposite Branch's Store, Pomeroy, O
SUGAR-RUN Salt Company. Salt twenty-five
cents per bushel. Office near the Furnace.
1-1 1 C. GHANT, Agent.
POMEROY Salt Company.
Ave cent nor bushel.
DAB'NEY Salt Company, Coalport. Salt
twenty-five cents per bushel for country trado.
1-1 CT. W. COOPKK, Secretary.
F. E. HUMPHREY, Blacksmith, in hU
new building, back of the Bank building, Pomeroy.
Job Work of all kinds, Horso-sboeing,&., executed
with neatness and dispatch. 1-1
F. LYMAN, Painter and Glazier, back
room ef P. Lambrecht,i Jewelry Store, west side
Court street, Pomeroy, O. 1-1
JOHN E1SELSTIN, Saddle, Harness and
Trunk Manufacturer, Frnt Street, three floors be
low Court, Pomeroy, will execute all work en
trusted to his care with neatness and dispatch. Sad
dles gotten np In the neatest style. l-OT
JAMES WRIGHT, Saddle and Harness
Maker. Shop over Black and Rslhburn's store,
Rutland, Q. TJ
" WAGON MAKING.
CARRIAGE At WAGON MAKING by
M. Rlibtkkk, Front Street, first corner below the
Holllng-Mlll, Pomeroy, O. , All articles in his :..e
of business manufactured at reasonable rates, and
they are especially recommended for durability.
PETER CROSBIE, Wagon Maker. Muf-
berry street, west side, three deors Back street,
Pomeroy, Ohio. Manufacturer of Wagons, Bug
glee, Carriages, dec. All order filled on short
D. C. WHALEY, Surgeon Dentist,
Hammer's Building nd Story, Rutland street,
Mlddlnnort, O. All operatioits pertaining to tbo
profession promptly performed. I.siliss waited
upon at their residence. If dssired. J-l .
i. 11 .... .1 IX . IfnnJni.
shall, in 11 lie manner, on me uiou uj.u.iujr
of each succeeding month, enter in said
ln..,k to the credit of the same account, all
iiuins of money
payment of rsueh tiebt, tpeciiying irom
wtiat sources the same were received, and
shall, at the proper dates, enter in the
same book to tho debt, of the same account,
all 6ums disbursed by him out of said
fund, tpecifyiny to whom and on what ac
count, whicli book shall be open to the in
spection of all persons interested in said
fund, at all times, and 6ha)l be kept iu
the treasurer's ollice, and delivered over
with th6 office to las successor in office.
Sec. 4. It shall be the duty of the
county euditor of each county in this state,
owing a funded debt as aforesaid, to fur
nish the county treasurer of such couuty,
without unnecessary delay after the pass
age of this act, and from lime to time after
wards, as the same may be created, an ab
stract of the funded debt of such county,
specifying the dates, amounts, numbers,
limes of maturity of principal, rate and
times of maturity of interest, installments
thereon, and when payable, and the treas
urer shall open such accounts thereon in
the book to be provided as aforesaid, as
niav be expedient and proper to show at all
times the amount and several classes of
the funded debt of the county, the rate of
interest accruing thereon, the payments
made or account of the same, and the
amount due and unpaid thereon.
Sec. 5. It shall be the duty of the treas
urer at his stated settlements, to produce
and exhibit to the county commissioners
and auditor, all obligations for principal,
debt and interest warrants, by him re
deemed pursuant to the requirements of
this act, and all receipts for. interest paid
in cases in which there are no separate
warrants, and after the same shall be com
pared with his accounts, and the accounts
corrected so as to correspond with the
vouchers so produced, said obligations for
principal and interest warrants, shall be
cancelled in such manner as to prevent
their beinjr used or put into circulation.
and with the vouchers for interest paid
other than upon warrants, shall be tiled
and preserved in the office of the county
auditor, and the county commissioneis
6hall have the power at any time to require
the treasurer lo surrender for cancellation
as aforesaid, the obligations and warrants
by him redeemed, subject to his right to
be credited therewith, according to right
and iustice: and the treasurer shall have
the right at any time, on reasonable no
tice, to require the county commissioners
and auditor to receive said obligations and
warrants for cancellation.
Sec. 6. County treasurers shall be al
lowed for receiving and disbursing all
moneys coming into their hands, on ac
count of the creation of a funded debt of
any county, one half of one per cent, on al
ouch suras, and no more, and for the col
lection and disbusement of all moneys
raised bv taxes for the payment of the
principal and interest, or either, of the
funded debt of any county, they shall be
allowed one-half of one per cent., and no
more, on'all such sums bo collected and
disbursed, together with all necessary and
proper exchange, to be paid out of the funds
to which this act relates, to be settled and
allowed to them by the county commiss
ioners and auditor.
Sec. 2. This act shall take effect and be
in force from and after the passage
WILLIAM B. WOODS,
Speaker of the House of Representatives.
President of the Senate.
- Ft-bruary 20, 1859. ' -- :
No. 00. AN ACT
To provide for locating, establishing and
constructing ditches, drains and water
courses. Section 1 . Be it enacted by the General
Assembly of the Stale of Ohio, That the
county commissioners of any county shall
have power, at any regular session when
ever, iu their opinion, the same is deman
ded by or will be conductive to the public
health, convenience or welfare, to cause to
be established, located and constructed,
as hereinafter provided, any ditch, drain
or water-course within such county.
Sec. 2. That before the county commis
sioners of any county shall take any steps
towards locating or establishing any ditch,
drain or water-course, there shall be filed
with the county auditor a petition from one
or more persons owning lands adjacent to
the line of such proposed ditch, drain or
water-course, setting forth the necessity
of the same, with a description of its pro
posed starting point, route and terminus,
and shall, at the same time, file a bond
with good and sufficient sureties to the
acceptance of the county auditor condi
tioned to pay all expenses iccurred, in case
the commissioners shall refuse to grant the
prayer of the petition, and it shall be the
duiy of the county auditor immediately
thereafter to place a correct copy of said
petition in the Lands of the county sur
veyor or a competent engineer, who shall
thereupon, taking with him the necessary
aasislance, proceed to make an accurate
survey of the route of such proposed ditch,
drainor water-course, and ou the com
pletion thereof, shall return a plat or plat
and profile of the same to said county au
ditor, and shall also set forth in his return
a description of the proposed route, its
availability and necessity, with a descrip
tion of each separate tract of land through
which the same is proposed to be located,
how it will be effected thereby, and its
ituation and level as compared with that
of adjoiuiug lands, together with such
other tucis as lie may deem material, it
shall be the duty of tho county auditor,
mmedialcly on said report Deing tiiea, to
cause notice m writing to oe given to me
. - e i. a a
owner, or one ot tne owners oi eacu iraet.
of land along the route of such proposed
ditch, drain or water-course, of the pen
dency and prayer of said petition, aud ot
the time of the session of the county com
missioners at which the same will be heard,
which notice shall be served at least ten
days prior to said session, and an affida
vit ot said service tiled wun ine county
auditor; and in case any such owner is not
a resident of the county, or enould any
party or parties in interest die during the
pendency of said proceeding, such death
shall not work an abatement of such pro
ceeding, but the county commissioners on
beinir notiued thereof, shall make sucu or
der as they may deem proper for giving
notioe to the person or persons succeeding
to the riirht of such deceased party or par
ties, and notice of the pendency and prayer
of said petition and the time ot bearing tne
same shall be given to sucn owoer or per
sons, by publicacion for two consecutive
weeks in some newspaper published or of
general circulation in said county.
Sec. 3. i-nat any person or persons
claiming compensation tor lands appropri
ated for the purpose of constructing any
ditch, drain or water-course under the
provisions of this act, shall make his, her
., . r.? . i e a
or tneir application in writing inereior to
the county commissioners, on or be lore the
third day of the session at which the pe
tition has been eet for hearing, and on fail-
i . l-iii
ure to ma Re sucn application, snau do
deemed and held to have waived his, her
or their right to such compensation.
Sec. 4. That said county commission
ers, at the session set for the hearing of
said petition, shall, if they nnd the re
quiremeuls of the second section of this
act lo have been complied with, proceed
to hear and determine said petition; and it
they deem it necessary shall view the
premises, aud it they una such ditch,
drain or water-course to he necessary, and
that the same is demanded by or will be
conducive to the public bealtb, conveni
ence or welfare, and no application shall
have been made for compensation as pro
vided in the third section of this act, they
shall proceed to locate and establish such
ditch, draiu or water-course on the route
specified in the plat and ieturn of said
county surveyor or engineer. But if any
application or applications tor compensa
tion as aforesaid, shall have been made,
further proceedings by the county com
missioners shall be adjourned till their
next regular session; and the county au
ditor shall forthwith certify to the probate
judge of said county a copy or copies of
said application or applications, together
with a description or descriptions ol the
propertv sought to be taken and appropri
ated, as contained in the plat or report of
the county surveyor or engineers; which
6hall be forthwith docketed by said pro
bate judge, styling the applicant or apph
cants plaintiff or plaintiSs, and the county
commissioners defendant; and such pro
ceedings shall thereupon be had to assess
and determine the compensation of such
claimant or claimants, as are authorized
and required by the act entitled "an act
to provide for compensation to the owners
of private property appropri
of corporations," passed A;
and the acts amendatory tlx
plementary thereto, so far as '
be applicable; and the coi
found and assessed in favor
ant or claimants shall be c
probate judge to the county
paid out of the county trea6
general fund or remain dep
for the use of such claimant
and said county commissio;
the next regular session ait
pensation shall have ibeen
1 to the use
1 30, 1852,
f and sup-
Ified by the
y, from the
a shall, at'
paid or deposited as a -" :-; cood to
ocate and ,starJlisa such .uWufc r.m or
water-course as hereinbefora provided.
Sec. 5. That said county commissioners.
whenever they shall have established any
such ditch, drain or watercourse, shall di
vide the same into suitable sections, not
ess in number than the numbers of own
ers of land through which the same may
be located, and shall also prescribe the
ime within which the work upon such
sections shall be completed.
Sec. 6. That the county auditor shall
cause notice to be given of the time and
placo of letting, and of the kind and
mount of work to be done upon said sec
tions, and tho time fixed by the commis
sioners for its completion, by publication for
thirty days, in some newspaper printed, or
of general circulation, in said county, and
shall let the work upon said sections re-
nectivelv to the lowest bidder therefor; and
the person or persons taking such work at
such letting, shall, on the completion there
of to the satisfaction of the county commis
sioners, be paid for such woik out of the
county treasury upon tne oiaer oi me
county auditor; provided, that if any per
son or persons to whom any portion of
said work shall be let as aforesaid, shall
fail to perform said work, the same shall
be re-let by the county auditor, in the man-
, L.r :.:.i,i
ner neremoeiom piuv.uou.
Sec. 7. That the county auditor shall
. ,, i e n
keen a lull ana complete reuuru ui an u.u-
cecdings had in each case under this act.
Sec. 8. That the auditor and surveyor
or engineers shall be allowed such fees for
services under this act, as the county com
missioners shall, in each case, deem rea
sonable and allow; and all other fees and
costs accruing under this act shall bo the
same as provided by law for like services
n other cases, and all costs, expenses,
costs of construction, fees and compensa
tion for DioDertv appropriated, which shall
accrue and be assessed aud be determined
under this act shall be paid out of the
p.ountv treasury." out of tnerktreneral fund
on the order of the county auditor, provi
ded that no part of the same, except tne
compensation for property appropriated,
shall be paid out of the connty treasury
till the sum shall hav Deen leviea ana
collected as provided in the next section of
this act. !
Sec. 9. That the county commissioners
rIiuU make an eauitable apportionment of
the costs, expenses, cost ot construction,
fees and compensation for property appro
priated, which shall accrue, and be as
sessed and determined under this act,
among the owners of the land benefited by
the location and construction of such ditch,
drain or water-course, in proportion to the
benefit to each of them through, along the
line or in the vicinity of whose lands the
same may be located and constructed re-
snective v: and the same shall oe levieu
unon tho lands oi the owners so benefited
in said proportions, and collected in ins
same manner that other taxes are levied
and collected for county purposes.
Sec. 10. The act entitled "an act au
thorizing the trustees of townships to es
tatlish water courses and locate ditches
in certain casess" passed May 1, 1854,
and the act amendatory thereto, passed
April 14, 1857, and the original act passed
February 24, 1853, on the same subject,
are hereby repealed; provided, that no pro
ceedinns had or commenced under any
law repealed by this act shall be affected by
such renea I.
1 . .. t i" 1
Sec. 1 1. This act to taue eneci irom auu
after its passage.
V 11. lit AM ii. WUUUO,
Speaker of the House of Representatives
JVlAttiiiN w ji.jjivr.xv,
President of the Senate.
March 24, 1859.
fNo. 87.1 AN ACT
Amendatory to an Acs, enuueo. xn hoi.
to provide for the organization oi cities
and Incorporated Villages," passed May
Section I. He it enacted by the General
Assembly of the Slate of Ohio, That origi
nal section sixtv-three, of an act entitled
an act to provide for the organization of
cities and incorporated villages, passeu
May 3. A. D. 1852. be so amenaeu as w
read as follows: Sec. 63. The city coun
f.il shall have the care, supervision and
control of all public highways, bridges,
streets, allevs. public squares and com-
mons, within the eity, and Shan cause me
same to be kept open, and in repair, and
free from nuisances. No street or alley,
which shall hereafter be dedicated to pub
lio use by the proprietor of ground in any
city, shall be deemed a public street or al
ley, or to be under the care or control of
the city council, unless the dedication shall
be accepted, and conhrmed by an orui
nance specially passed for such purposes;
they shall have the power to prescribe by
ordinance the width of the tires of all wag
ons, carts, dravs. and other vehicles, used
in the transportation of persons or articles
from one part of the city to another, or in
tho transportation ot coai, woou, stone,
lumber, or iron, into the city; to establish
stands for hackney coaches, cabs, and om
nibuse-i. and to enforce the observance
and use thereof, and to fix the rates and
prices for the transportation of persons and
property in such coacnes, caos aou omni
buses, from one part of the city to another
Sec. 2. That oriuiual section sixty-three
of the act to which this is amendatory be
and the same is hereby repealed, and this
not shall take effect and be in force from
and after its passage. -
WILLIAM D. WOOUS,
Speaker of the House of Representatives.
President of the Senate;
March 18, 1859.
No. 82.1 AN ACT ...
To enable Associations of Persons, lor the
Improvement of any Mineral or Medicinal
Springs in Ohio, to become Bodies Corpo
rate. Section :. Be it enacted by the General As
sembly of the State of Ohio, That any num
ber of natural persons, not leas than five, may
-Weome -bodx. corporate, with all the rights.
privileges anu jiuwuia cuuic.reu a uu siujsi.v
to all the restrictions of this act.
Sec. 2. That any number of persons as
aforesaid, associating themselves together for
the purpose of improving any of the mineral
prines in the stale ot unto, ana mailing tne
same a proper nnd suitable place lor me re-.
ception and accommodation or invalids aim
other visttors, shall under their hands and
seals make a certificate, which shall specify
as follows: First The name assumed by such
company or association, and by which it shall
be known, second The number ot mineral
or medicinal springs to be improved as afore
said, and place where situated. Third The
amount of capital stock necessary, and the
amount ol each share thereof, bucn ceritu-
cate shall be acknowledged before a justice
of the peace, or other proper ofllce r, and shall
be lorwanied to the secretary ol ataie, wno
shall record and carefully preserve the same
n hia otlice; and a copy tliereol duly certi
fied by Secretary of State, under the great
seal of the State of Ohio, shall be evidence of
such corporal ion or company.
Sec. 3. That when the foregoing provisions
have been complied with. Hie persons named
as corporators in said certificate, are hereby
authorized to carry into effect the objects
rained in said certificate, i accordance with
the provision of this act, and they and their
associates, successors and assigns, by the
name and style provided in Maid certificate,
shall thereafter be deemed a body corporate,
with sui cession, with power to sue and be
sued, plead and be impleaded, defend and be
defended, contractor be contracted with, ac
quire and convey, at pleasure, all such real
und nersoual estate as may be necessary and
convenient to carry into eiiect ine objects oi
the incorporation; to make and use a common
seal, and the same to alter at pleasure, and
do all needful acts to carry into effect the
objects for which it was created; and such
company shall possess ill the powers, and
shall be subject to all the rules and restric
tions of this act.
Sec. 4. Any company or association, organ
ized for the purposes aforesaid, shall have
power to take by purchase or otherwise, and
hold sucn real anu personal property aim es
tate, as may be deemed necessary lor success
fully commencing and conducting the busi
ness of the association, and shall have power
to lease, sell or convey, or mortenee the same.
or a part thereof, in such manner and for
such purposes as may be prescribed by the
rules and refutations oi tne company, anu
not inconsistent with the laws of this Suite,
And said company shall also have power to
deal in the transportation and sale of the min
eral waters yielded by their springs, aua to
manufacture glass and other vessels for hold-
ntr the same; to engage in quarrying sione,
mnrble or slate; mining coal, ore3 and other
minerals situated on their lands, and manu
facturing the same, in whole or in part, or
both, and to erect and provide buildings for
the accommodation of visitors and others fre
quenting said spring or springs, and. to de
mand and receive compensation iroin sum poi
son or persons.
Sec. 6. The annual meeting of the stock
holders of hucU companies shall be held on
the first Tuesday of May, in each year, at
which meeting the directors of the company
shall be elected, and such other lawlul busi
ness done as the stockholders shall deem
necessary and proper, and should they fail to
elect directors at their annual meeting, they
shall hold a special meetirg at some subse
quent time thereafter for the purpose, by giv
ing thirty,days' notice tnereoi in some news
paper in general circulation in such county.
The directors shall hold their offices until
their successors are chosen and qualified; but
no person shall be a director alter ceasing to
be a stockholder. Immediately after the elec
tions of directors, they shall e'.ect one of
their number president of the corporation,
and may appoint such other officers and
agents as they may dee.n propel to transact
their businttss and prescribe the amount of
compensation to be allowed them for their
services; and such officers and agents, or ei-
thsr of them, when reauired ly tne Dy-iaws,
shalfgive bonds to the satisfaction of the di
rectors or president, as the oy-iaws may ui-
rect, for the faithtul discharge or tne trusts
committed to them; shall have power and are
hereby authorized to make such rules, regula
tions and by-laws as may oe neceasuiv iur
their regulation, not inconsistent wun tne
constitution of this state. The directors shall
have the general management ot tne anairs
of the company, and may dispose ot ine resi
due ot the capital siock. at. any umo iouiuih-
unsubsoribed. la such manner as ine
etl,.khnlil,ri for the time being may prescribe,
and shall employ the capital and means of
the company as they shall deem Dest lor ine
company, in carrying on the business for
which it was organized, ana ine recnug m
proper Buildings, and the improvement of
their grounds and other proper purposes
connected with and pertaining to the said
business of the company, suDject always to
the control of the stockholders; they shall
cause a record to be kept of all stock, sub
scribed and transferred, and of all business
transactions, aud their books and recorus
shall at all reasonable times be open to the
inspection of any and every stockholder, tr.ey
shall also report to the lockholders re
ports in writing, of the situation snd amount
of business of the company, and declare and
make such dividends of the profits from the
business of the company, not reducing the
capital stock while thty have outstanding
liabilities, as they shall deem expedient.
Sec. 6. The persons named in said certi
ficate of incorporation, or a majority of them,
shall be commissioners; to open books fo the
subscription to the capital stock of said corr
pany, at such times and places as they a hail
deem proper, and the said company are au
thorized to commence operations upon the
subscription of ten per cent, of said stock.
See. 7. An installment of twenty dollars on
each share of stock shall be payable at the
time of making the subscription, and the res
idue thereof shall be paid iu such install
ments and at such times and places, and t
such persons, as may be required by the di
rectors of such company:
Sec. 8. All stockholders of any such asso
ciation or joint stock company ahall be deemed
and held liable to an amount equal to their
stock subscribed in addition to said stock for
the purpose of aecuriug the creditor of said
company. - .
Sec. 0. This act shall take effect from and
after its passage.
WILLIAM B. WOODS,
Speaker of the House of Representatives.
Piesident ol the Senate,
March 16, 1859.
INo. 58. AN ACT
To aiuuuil tlio act oiititloil "un act to amoiwl the
so vers I at(s tucorjioratltis; Mutual Pirn Insurance
Onilpunies Iu luo Slulo of Ohio,1' liussoil March
Nc-ctioii 1. B It euuotixl bv tho tifini'rrl Assembly
of ills Stale of Ohio, That suction tsu of tho utmvt)
rscilod ucl tu so aniuutiuu as to read thug: Kuc. it. it
hall ho tho duty of thu court of common i1uho In
Bach county of this stalo in whicli tho offico of an)1
mutual nro insiiriuico company may be situuici, on
the application of any llirvo or more persons inte res
ted, lo up point one or moro silitublo orons, rel
Uunt in such county, to muko a ttaoroutch and cu reful
anamination into tho atlairs ah(t condition of smch
Company. Such pursou or poisons so appointed
shall have power to roqulre tho production of ull
books and papers buloiiiiif to aitch compuny or tor
laluliig to thuir business, aud to exumino under outli
all thu officers, servants or afrenta of such company,
or any other person, touching Its affairs and c if mil
lion; which oath may be administered by any pornon
appointed 10 make such examination. And the ur
ou or persons maklnK the axumitiution ahull report
llioroou, fully setting forth tuff condition of the
eomnuny, to Uis court anDointiuar thorn, at Ita next
.regular lorui, aud shall transmit, av copy of auch re
port so me spcaaer oi hm iiousu ot rwpiunai m. s wmm
forthwith, if the legislature be Iu sosslou, or, if not,
then at the session next thereafter ensuing; ami audi
examiners shall each receive two dollars per day for
the time acluully employed In making Iho examina
tion mmiI report, lo be puld out of the treasury of tlio
company so examined: Frovidud tliut sucu etMttnii
naliou ahull uot be hud ofluuvr than once In any oix
Hue. V. That In csso any officer, (errant, a pent or
other person shall fail or refuse to appeur before) aucti
person or persons so appointed as uiorusutd, or aiiu.ll
rufuse lo lustily or to pioduce bofore such examiner
or exuniiiiersuuy books or papers. In Ills, her,or their
possession, mm required to ou prouituuu . sucu full ure
or refusal slmll be deemed a contempt, and aliall
lorihwith be ruiiorled to the court uppoiulinir such
exuminur or uxuniiiiurs, und said court ahull puniali
tho person ir persons iu contempt in the sumo, mull.
ner uinl to the sume oxtout as tuoiigh such contempt
hud been coiiiiuillod against said court.
Hoc. 3. Oriy inul svewou two of tlio uct to which
this Is umuiidulory, Is boruby reoeulod. I'titis uct
sliull UikO elluct upon Its passage.
Speaker of the House of Keprosunlaliv ea.
President pro tern.
.Muri-h 10, 180'J.
of the tSenulo.
Relating to the partition of Koal Estnte held in com
mull bv Keliirious Societies.
Section 1. Uu it enuelud by tho Oeueral Assembly
of the Hluto of Ohio, I hut in ull oases where two re
liglous societies ur conicregutioiia, by gift or pur-
ehusu. have Krouiireu lunil unon wltich to erect a
house of public worship and other buildings for
church or school uuruoaus, and for a buriul xruunil
and cemetery. In common, und either of sui'i aoclu-
lies or comrreifutious shull be desirous of uuaiitloii
inir tlio Joint or common use of sultl house of pulilie
worslilu or other erections. It shull bo competent lor
tho court of common pleas, upon application of
crithor of suid societies or congregutions lo malce par
tition of the use of suid common property, sxceit
the burial ground ami cemetery, wmcu may continue
to be used iu common.
Sue. 3. Incuse suid court of common plena ahall
order nurtilioii or said premises so occupied In corn
nion, it shall be necessary to specify in suid order for
wh.U purpose partition of the use is muile, and how
and fur wliut purpose tho us) of the premises allot
tod to each purty shull be occupied, and in no cuss
shall said premises or any part thereof be oucupleil
tor any other purpose than the erection ol u nouae ol
worshiD and other erections connected therewith.
Heo. 3. The court of common pleas ahall in no esse
order partition of thu usu of said common property.
uuluss thu sume cuu be done in audi inumier no to
occasion no confusion or Inconvenience to either
biirlv lu the seuuratu usu of the common property
Hjo. 4. Thu laws now in force regululing the mode
and manner of prouuedlug for tho partition of prop
erty held lu common, shall bo applicable to the pro
ceedings couteinpluleii iu tins law, una lu audition
thereto the couiiiiiesioners uppomted by the court
shall report to the court, whether in their opinion,
purlitiou of the usu ran bo made in such manner as
to occasion oo confusion or inconvenience to either
uurty, in the septtrulo use of tho common property
See. S. This uct shull tuko effect und be iu force
from aud after its passuge
'"WILLI AM B. WOODS.
tho House of Koprosentati vea.
President ot tho heiiulo.
March 20, 1HS9.
To authorize County Commissioners to Surrender
free l tiriiniuo ltoails in certain cases.
Suction 1. lit, Ii enacted by tho (ronerul Assembly
of the Nlutu of Ohio, That thu county commissioners
of the several counties in this statu sliull have power
whenever, in their opinion, the public interests will
be subserved thereby, lo surrender to any tnmpiko
compuny, now existing or hereafter to be crt.utetl or
orguiiizud under thu laws of this stiito, any free turn
biko or oilier roud ill any county or counties in this
state, and direct Ihut the luxes levied uuu coiiuciou
uiilurthe act to which tins act is Buppiciueniury,
shall be paid over to such turnpike company, in cu
ses iu which such tuxes shull uot have bueu disposed
of under the actio which this is supplementary , to bo
oxpendud in eiiiiDtrucliiig or repairing the roud, to
nimtrtict or renuir whicli the sumo wus levied.
Sue. V. That any turnpike cem puny receiving: such
surrender of uiiv such tree turnpike or other road in
tliis state, or Hie taxes collected to construct and re
pair such road) under thu uct to which this uct if aup-
piOniOIIUiry, snail lsuu LO lliu pirsima ,ip..ii ,v.evj
property sach taxes liuve boon levied, cortilleutoa ol
slock for tho uinouiils of taxes by thorn respectively
paid, upon which tiiny shull be entitled to dividends,
uro ruiu. as otuer siocauuiuora iuu oe. upon iuu
Sec. 3. That whenever throe consecutive miles of
such road have been, oru.uy be, constructed und fin
ished, accordinir lo law. tho directors of such mii-
imuy may estublish a toll gulu thereon; und for every
additional five miles, linishud us uiorcsuld, au uddi
tioniil irate, and luuy demand and receive tolls tlie re
of, al rutus not exceeding thu rates now allowed by
an act to orovido for tho creation and regulation of
iucoriionited coiiinantos iu tho tUuto of Ohio, passed
Muy 1, 1HW, uirl the ucts amundutory aud aupple-
menlury thereof to other companies.
See. 4. That lu ull uluc.lions for directors of such
coiununv. euch stockholder shall be ullowcd one vote
for each share of slock by him held, and ono vole for
each fraction greuler than Uair a sun ru.
bee. 5. This act shull be In force upon Its passage
WILLIAM li. WUOUN,
Speaker of the House of Kepreseutati ?os.
President of the ISonuto.
March SO, 1859.
No. 65. AN ACT
To exempt from Sale nnd Execution certulu Fror
erlv therein named.
Section 1. Be it enacted by the tionerat Assembly
of the State of Ohio, Tuut ull tiro engines, hose, nose
carriages, hooks, luddcrB, anu nro duckois, tou-uiue
wltk uiiv vehicle, machinery of any kind, used o
kont lo be used by any incorporated city, village, o
Uro coin uanv. for the purpose of extinguishiuir tiro
be and thu same is hereby exempt from execution
and sale to sutisfy any JuiIkiiiuiiI, uecroe, or debt ttri
imr from contract or ntiiurwise: provided, that
uiiv iucornoruted city, villiuro, or lire company tha
u the nruimr owner of unv ouch property ub
soi'citlod. ifo voluntarily create a lieu thereon by bill
of sale or mortgage, such lion shall be valid in law
and not urTected by any of the provisions of this uct
nrovided. however, that the provisions of this uc
shull uot apply lo, or iu any way an'vct tho reined
uoonuiiv contruct now oxistiinr. or judgment ren
tiered upon uny contract In any courlof litis Mlute
Keo.il. This ucl lo bo In force from and utter
pasSUgU. ..... r t . . rA
VVliilJlAiM O. , WW."',
Snoake of tlio House of Kepreaoiitnli ves.
r MAKTIN WKLKI..K,
President of Iho Suuaie.
March 4, 1B59.
No. 00.1 AN ACT
Authorizing Courts to order Abstracts of Legal Ad
VHm.i tHni, if, nu Haul inuu .
s.itlnnl- k, il enacted bv the Oeuurul Assonibl
nt the stato of Ohio. Thut lu addition to the adver
tlaeiuont. In all cases where legal advertisements are
now required by law to be nuoiisneu iu some iie-
puper, Ihe several courts oi tins aiaiu may, wi.v.
judges shull deem It proper, order that au aoatruct o
r.r ii, imiriiuls uubUshud lu the county, tho leer for
whinh timii n, luxeu iu me case, ns utu.i c . - "
vided, however, thut such fee shull not exceed
.l..llii tnr nn.'h iul,H.
khu.'J. This act taku offoct and be lit force from and
after IU passage. W,LUAM . wool)S,
Speaker of the House of Kopriwnlalivea.
K. HAHSKTT LaNGIWN,
President pro tern, of tho Senate.
March 10, 1&9.
I It 1 ., AN ACT
Supplementary to nn act entitled "an act to provide
for the crsatlon and regulation of Incorporated
Com imntoi in the State of Ohio," passed May 1st
Section!. Be It onarted by the General Assonibl
nr tin, Ktt .r (ililn. That whenever auv number )
r. u hi. 1 1 . nil 1 1 1 1. 1 1 In tha Ural section of the act t
which this ct Uaunnleinentary .associate theinselrs
together Tar the purpose of engaging lu the Improve
ment of horses, usses, mules, cuttle, sheep or a wine
ih.iv ahull, unrlur their hands and seals, make cor
tiflcute specifying the amount of capital slock ne
cessary, the amount of each share, the namo r the
place where such association shall be located, the
nam aud stvla by which such association shall bff
known; which said certificate sliull be acknowl
edged, certified and forwarded to Iho secretary of
slate, recorded and copied, asi? provided in the a"c-
nd section f tlio said u-t to w hich this act Is supple
mentary; and the said certificate ahull also bo rec
orded ny tho recoroeror every coiintv Mi wnien said
poinpnny muy be formed to curry Into Hflcct Iho pro.
isioiis or tins act, in a doom io no Kept i..r snni pur
pose, nnd when so iucorporuled, they are hen'by au
thorized to curry nut the objects hiimod in said ccrtt
ficulu of Incorporation, and by tho name Hi d atybt
provided u said curlitlcale, shall bn dounied a body
nrporuie, with succession; n uu iiu-y una tneir invo
lutes, successor ana assiirris, snail have tne sumo
general corporate powers as are provided In tin
third auction of tho act to which this act Is supple
mentary, unci Biihjort to all restrictions in said act not
Inconsistent with the pinvlslons of this act.
Sec. i. t his uct shall tuke cttoct from unci after its
WILLIAM U. VvOOrS,
Fpcukur of tho House f Kcpreseiitutiv;s
K. UASSKTT I.ANUUON,
President pro lent, of thu tjonuic.
March 14, IrJS'J.
No. 73. AN ACT
o uutli. rlzc the snle of lurplus conies of the taws.
loumalsisnd executive documents.
Section I Ho it enacted bv thu Oineral Assembly
of lbs Mtsta of Ohio, That whenever. In any county
In this state, the Inws. Imirnnls nnd executive di.su- -
mculs ordered by law to bo distributed have accu
mulated, or shull accumulate bevond the number
required for immediate distribution, and for tho
probable futuro wants of such county, the county
commissioners ahull authorize tho rtork of the court
of common pleas of said county If dispose of gratui
tously to all public libraries within thu couuty as
may bejlsslrod by them for library purposes, and to
sell such surplus CO pies al public sale, at such tiino
and place and upon such previous uotiue as they may
require. Thu clerk sliull nay ull moneys urlsimr from
such sulos into the county treasury, und all such mo
neys sunn bo considered a part ol tho general reve
nue oi tno couuiy. inis uct sliull tukO Direct upon
its passu go.
WILLI, l. SI H. WIHIIBI,
Speaker of tho House or K.'pres-utntivus.
E. BASSKTT LANG 0O.,
President pre turn, of thu Senate.
March 14, 1839.
No. 7H.J AN ACT
V provide fer districting any county In ths Stato,
where the Commissioner of said county have
failed to district in accordance with the provisions
of an act to amend uu act, passed April 13, Ida-.',
entitled "An act for thu Assessment and taxutlon
nf all properly in II. Is state, and for levying taxes
thereon, according to its trua value In .Money,"
passed April 14, H5S.
Suction I. Bo il ennrted bv the General Assembly
of the Stute of Ohio, Thut iu any coui.lv oft Ills slate.
wuvre ine couniy commissioners novo railed to dis
trict their county, at their Juno session iu Ih.lH, in
accordance with the provisions of section liiirtv-
thrue of an act for the assessment and taxation of ull
property in this slate, and for levy Imr taxes thereon.
according to Its true value iu money, it sliull be law
ful for tlie m, and they uro hereby directed to district
said county at any subsequent meeting of said com
missioners, prior lo the llrsl Moniluy iu April, Irjj'.l.
nec.te. i ins act suuu ue lu lorcu fro.a and alter us
WILLIAM li. WOODS,
Speaker of tho House of HVpresunlutives.
. BASSKTT LANUDON,
President pro teui. of the Senate.
March 14, 1&1).
No. 79. AN ACT
lo uulhorlze County Commissioners to fill vacancies
in certain casus.
Section 1. Be It enacted by the General Assembly
of the State of Ohio, Thut in any county iu this stute
wuore mo onico ot county coroner becomes vacant.
It shun be tlie uuty ot tho county auditor al suid
county to notify the commissioners of such vaom-y,
and upon the receipt of suid notice, the commission
ers shall proceed Immediately to Ull such vucancy by
the appointment of u suitable person, who shall, al
ter having given bond, and taken an oath us now
provided by law, serve until tlie next October elec
tion, or until his successor is elected and quultflod.
!uc. x. i ins uei siiiiii iuku eneci anu uu in ioroo
from and ultoi its passage.
wji.lia.vi u. v-uuiis,
Speaker of the House of Kfpresentati ves.
K. BASS KTT LANGUON,
President pro tern, of thu Souute.
March 14, IcoU.
No. 74. AN ACT
Touuienil section one of the act entitled "An net to
amend section Gil of uu ucl entitled nn act to pro
vide for the creation und regulation of Incorpora
ted Companies iu the Stato ol Ohio," passed .March
Section 1. Bo it enacted by the General Assembly
of tho Stato of Ohio, That section one of Iho ucl or
titled An ucl to umend seclion sixty-six of uu uct
entitled 'an uct to pruvidu for tlio creation aad regu
lation of incorporated companies iu thu Stute of
Ohio,' " pussoil Mures. 4, ItijH, be, und the sauiu is
hereby so amended us to read us follows: Sec. 1.
l liut Irom and utter tno passage ot this uct It shull
bo luwl'ul for any religious sect, denomination or as
sociation, Uro company, or any literkry, sclentitle or
benevolent association, other than colleges, univer
sities, ncadeiuies or semiuuries, within this slate to
elect ut a meeting ol a majority ol any orgaulzud
synod, presbytery church purish or other religious or
miiiisteriui association, nro company, literary, scien
tific or benevolent association uforusuid uny uuuiber
of their members not less lhan tiiroo to serve as trus
tees or directors, and one member as clerk, who shall
hold lltoir omco ouriiig tuu pleasure ot tlie society or
association, provided that where by Ihe laws or reg
ulations or uny sucu snou, presnytery, church, par
ish or other associations aforesaid, now or hereufter
organized uny members thereof less than three have
CIlUlkTU Ol ITI'l'dtj Ul Jfll, UI UB MIUItTUI, HIIUI
members aud thuir successors shall be invested with
the powers, privileges and immunities grained to
trustees nnd directors, of religious and oilier socie
ties, by tlio provisions of the act entitled au act to
provide for the creation and regulation of incorpo
ralml Companies in the statu of Ohio, passed May I,
Ih.V.', una tne ucts umeiiuutory tliereol, upon llioir
being recorded by thu rucorder of the county iu
which such synod, presbytery, church, ourlsh or other
association sliull be located, a proper curtitteute of
the election of such members uud thu corporate
name udopted by such synod, presbvtery, church,
parish, or othor association, to be made by ttieir
clerk, secretary or other like olllcer, which certificate
shall be recorueu oy sucu recorucr in ine milliner
provided iu section sixty-seven of the ucl entitled
"an uct to provide for the croation and regulation of
Incorporated companies in lliu slutu of Ohio,'' pussed
lay i, ic.jj.
Sec. il. That tho act entitled "an act lo amend sec
tion aixij-slx of un act to provide for the creation
uud regulation or incorporated companies In tno
statu of Ohio,' 99 passed March 4, lrt.Vi, be, uud Iho
sume is hereby ropeulud, provided that ull rights.
powers ana immunities acquirou iiiereuuuur sunn
not bu ulfected thereby, and thut this act shall tuka
elluct from and after its passage.
WILLIAM B. WOODS,
Speaker of tho House of Kopresentalives,
li. BASSKTT LANGUON,
Pr'.sidout pro teui. of tlio Senulu.
March 14, IdoO.
No. 70. AN ACT
To amend the second section of "nn net to provide
for the. uniform government and better reguluiiou
of the Lunalic Asylums of tho Stale, umKllio euro
of Idiots and thu Insane.
Section I. Ho It enacted by tho General Assembly
of tho State ef Ohio, That tlio second (tfd) section of
"un act lo provide for thu uniform government uud
belter regulation of the lunatic, asylumsof Uu slate,
and Iho euro of idiots and tho Insane," passed April
7, 1850, be so a mended us to read us follows: Kec. 3.
The following counties shull compose the northern
district, whicli sliull be itttuched lo thu northoru lu
natic usylum, located ut Noxvburgh, to-wil: Wil
liams. Pulton, Seneca, Wood, Otlowu, Sandusky,
Lucas, Krlo, Huron, l.oruin, Medina, Cuyahoga,
Summit, Lake, Geauga. Portage, Ashtabula, Trum
bull, Mahoning aud Columbiana.
Tlio following eounlies shall composo tho ceutrnl
district, uud be at tue.hud to the central lunatic usy
lum, located at Columbus, to-wlt: Stark, Wityn-',
Payette, Mudisoii, Union, Alurion, Haroin, Wyundol,
Crawford, Morrow, Delaware, Franklin, Plukaway,
Koss, Pike, Jackson, Vinton, Hocking, Puirtield, Law
rence, Licking, Knox, Richland, Ashluud, Holmes,
Coshoctou, Muskingum, Perry, Morgun, Athens,
Meigs, Gallia. Washington, Noble. Guernsey, Tus
curawus, Carroll, Hurrison, Jcllorsou, liolinonl, Han
cock nnd .Monroe.
The following counties shall compose Iho southern
district, and bu attached to tlie southern lunatic asy
lum, located at Uayton,to-wit: Scioto, Adams. Brown,
C'lerinnnl. Clinton, Green , Clark, Warren, Montgo
mery, Miami, Hutlur, Prelilo, Parke, Mercer, shell. y,
Auglaize, Allen, Van Wert, Highland, Champaign,
Logan, Pauldi ng, Putnam, ilonuuce and Henry.
If, al any tlmo, either of said asylums cannot ac
commodate the patients of the district to which It is
attached, said patients may bo transferred to tho
asylum of either of the other districts which may ut
the time have room for suid patients, said transfer to
be made with the consent of tlio retiduut trustees of
thu two asylums.
Sec. 3. Said original section two Is hereby repealed.
Thia act shall take effect and be iu force from and
after the cert idea to required by the first section of the)
act entitled "un uct to constitute the county of Ham
ilton a separate district lor In initio asylum purposes,
and provided for the erection- and government nf uu
asylum therein," passed Marsh. I by 1857, shall have
bueu Hied by the commissioners of Hauiiltou county
with the secretary of state.
WILI.rAM B. "WOODS,
Speaker of the House of Kopresentalives.
E. BASSKTT LANG DON.
President pro loin, of thu Senate. .
March 14, 18 "ill.
I hereby certify that the foregoing- ar
correct copies of the Lawn as certide 1 lo
by the Sec rotary of State.
'Av STIVERS. A. M. C.
9 per amiiim. V X WEEKLY " JOURNAL DEVOTElT TO POLITICS, LlTEll .;URE, AGRICULTURE, COMMERCE, . AND NEWS.. ' si.so m aavnuce. J
Lu ' ' " " IxirlToiidoit lu All tUluC KToutrwl iamotmB." T. A. 3C3A.3a-X' Oo., PutoliHori
is. rTjjajVTTe, Editor. A Lii : rr7 -. : - , I '
NeF'sMIESVOL. 2, NO 23. - PQMEROV, TUEBDA , JUNE 7, 1859. WHOLE NUMBER 874
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