Holmes County Republican. [volume], May 03, 1860, Image 1

About Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865

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Terms:-0ne Dollar and Fifty Cents in Idfance.
J. Caskej, Editor and Proprietor.
Office-Washington Street, Third Boor South of Jackson.
MILLERSBURG, HOLMES COUNTY, OHIO, THURSDAY, MAY 3 1SG0.
NO. 37.
VOL. 4.
0
IS PUBUSMD EVERY THUBSDaT.
WAUorerojr grazsT, Tains Dooa Boera or Xaca-soa
MILLERSBURG, OHIO,
TERMS OF SUBSCRIPTION:
Mail Subscriber- admix $1.50
Paid within the year i 2.00
After the Tear expires 2.50
THS LAW OF NEWSPAPERS.
1. Sshseribsra vh 4a not give express BO tic to the
eontrary,ar oo ordered rn.vi.iimg to eontinse their snb-
cnpttoo. - .
X. If sabKriher order the diseontiananee of their pa
per, the pnolisher ea eontinno to send them antil U
unuiM are said. -
a. It thu nbaerOien neglect or refoas to take their
opera from the office to which they are duroeted, the
areheM respeasiU till theyeettle their bills, end order
the paper, diseonttnaed.
4. If aajeabesriberareaMTetaaaotberpIaeewlthaat
intorminc the nnDUsner, ana loeir paper u nt to m
former direction, tey are held reiponethle.
. The Coarte hare decided that refairfne; to take a
newspaper from the omce, or reBumnrend leaving u aa
eailed for U eruaeecM evidence of intentioiial fraud.
TERMS OF ADVERTISING:
fwirra urn, on mt, make a sqoau. -
One square, one -week $1.00
Each subsequent insertion, under 3 roos... 0.25
Oae square, a mo'a, changeable at pleasure 3.00
Do 6 do do 5.00
Do 13 do do 8.00
Fourth column, 1 yr, changeable quarterly 20.00
Half column do do do 30.00
Qr Ttmrhf Jdttrtitm, at ao time to exeeeo ear
gqumrtM, ehanreable at plearare, aad limited strictly to
their own immediate bonne, will be charged Si 9.UU.
f BusintM erV, not exeeediorstt if., will be
inserted one year for $&00; and yearly advertisers' Card
will be inverted one year for S3J10.
r Advertisements teased, or inserted ander the
bead ox o4 none,, sua urn at lunriiw
awnte, will be charred SO per cent, more than the
bore rate.
y Ltgml AiwtrtUtwuvti chargeable by the aqnare
all eaaee except at the option of the publisher.
Business Cards.
JOHN W. V0EHES,
attorney at nii,
MILLERSBURG, O.
o
FFICE,one door East of the Book Store,
up stairs.
April 22, 1858 t2b35j 1 .
G. W. EAMAGE, -
PHYSICIAMSURGEON
HOUBESVILLE, OHIO.
Renpectfaily inrorma the public that be ha located
himeru in the above Tillage, for the practice of hi
profession,
ry OFFICE fr door west of Beer cor
ner. Aug 4, 1859 TSnSOtf.
J. E. ATKINSON,
TtST,
Millersburg, Ohio.
In NOW PREPARED to rsrairh to order all
the different kind of Artificial Teeth, from one to aa
entire fet. g1 Office on Main street, two doors east of
Dr. Bolings office, ap stairs,
Jon 9, 185 12
DR. T. G. V. BOLLNG.
THANKKUL for post favors, respectfully
traders his professional services to the pub
lic Office in the room formerly occupied by
Dr. Irrine.
April 15,1858 r2n34t
DB. EBBIGHT,
pijnskian aub Surgeon,
MILLERSBURG, O.
Office on Jackson Street, nearly opposite the
Eanpire Iloase.
Residence on Clay Street, opposite the
Presbyterian Church.
BENJAMIN C0HN,
Of all Descriptions,
COR. OF JACKSON A WASHIGTOXSTS
. MILLERSBURG, O.
STORES & LAKE,
DENTISTS,
"Wooster & Millersburg.
DR. M. K STORES,
Ttrj ttr o 52 3 '53? 8
Jtnilersburg, O.
Office over J E. Kochs Store Room.
Dec 1,1859. -
CASKEY & INGLES,
- DEALBIS nr
TVTTT T iTTRSBTTRG, O.
PLAIN & FANCY
J0B PBiSftfie
Of all kinds, neatly executed
AT THIS OFFICE.
B AKER & WHOLE,
Forwarding and Commission
'. AXP DKAUEU W
SALT FISH, PLASTER, WHITE
AND WA TEW LIME.
. - mmoHASEBs or
FLOUR, WHEAT, RYE, CORN, OATS'
CLOVER AND TIMOTHY SEED,
ALSO.
Butler, Eggs, Lard, Tallow and all kinds
of Drtei Fruits. .
: -WAREHOUSE, MILLERSBURG, O.
Sept. 18, 1856 4tt
EAGLE BLACKSMITH SHOP!
MILLERSBURG, OHIO.
TOWNT TOPD A "NT
U V-r-Jl - ,
TTiR oaaned a new Blacksmith Shop OB Xed Antbo-
Ainy Street, west aide, a short distance aorta, of Cher
rjholmei' Store, when he is fully prepared to do all
work in alalia of online, on s short notice, at reasoa-
aole prieee aad in a
Workmanlike Manner.
AH who want their work well dona and at reasonable
price, should call at Jordon'. shop. He shoe horse
orone aouar casn, ana aoes other work proportionately
Millersbarg, Aeg. 11, 1SS3 SI
-CTthe
LAWS OF OHIO:
PUBLISHED BY AUTHORITY.
[No. 93.] AN ACT
Defining the powers and describing the
duties of the board of .Public Works,
Section 1. Be it enacted by the Gener
al Assembly of the State of Oliio, That
the public works of the State shall be divided by
the Board of rnbuc Works into three grana divis
ions or districts, to be designated by soch names
or numbers as said Board snail deem proper, and
to be of such limit and extent as said Board from
ttime to time shall prescribe; and each member of
the Hoard of Public Works shall, as tbe acting
eornmisgioiier of said Board, take charge of such
division as may be assigned to him by said Hoard,
and be responsible to the extent of his power and
authority for the due and faithful adrninistration
of the affairs of suth district or divisions.
Sec. 2. Tbe term of office of the member of
the Board of Public Works elected on the second
Tuesday of October last, shall commence on the
sixteenth day of February, and shall continue for
three years thereafter, and until his successor
shall be elected and qualined; ana uie otner mem
bers of the Board heretofore elected and qualifide
shall, in like manner, continue to hold their officer
for the term of three years from the time they
were sworn into office and until their successos
had been elected and qualified; and tbe term of of
See of tbe members of tbe Hoard nerealler annu
ally elected, shall commence on the second Tues
day of February thereafter.
Sec. 3. Tbe members of the Board of Public
Works shall each take an oath or affirmation to
support the Constitution of the United States and
of the State of Ohio, and to honestly and impar
tially discharge the duties of the office; and shall
also give bond with sufficient security, to be ap
proved by the uovernor, in tbe penal gum ot not
less than thirty thousand dollars, conditioned for
the honest and faithful discharge of the respective
duties of their offices, and for the faithful account
ing for and paying over all moneys which may
tome into their hands respectively, according to
law, which bonds, with the approval of the Gover
nor endorsed thereon, shall be filed with the Treas
urer of State. The members of the Board of
Public Works shall designate and appoint one of
their number to act as President ot said Hoard,
and who in addition to his duties as acting com
missioner shall perform such duties as are or shall
be required by law of the President thereof, and
said Board shall continue to keep the "office of
Public Works" at the seat of Government, in
which office shall be kept all the books and papers
records and other documents of said Board, which
shall be open to the inspection ot all persons inter
ested, at all reasonable times; and all notices or
reports required by law to be given to the said
Board by any of the officers of the State, when
left in writing at said office, or deposited with any
person who may hare charge of tbe same, snail
be considered as havingbeen duly given and serv
ed upon said Board. The President shall have
charge of said "office of Public Works" and the
custody of the records books, papers and docu
ments aforesaid, and shall conduct tne correspon
dence of said Board.
Sec 4. The said Board of Public Works shall
have power to appoint not exceeding five resident
engineers, and to assign to each of tnem tne su
pervision of such part of said grand divisions or
districts as, in their opinion, shall be for the best
interests of the state, under sucn rule and regula
tions, not contrary to law, as may be from time
to time proscribed by said Board; and the respec
tire terms of office of said engineers shall com
mence on the first Monday of April A. D. I860,
annually thereafter on the sixteenth day of Feb
ruary. The said Board of Public Works shall al
so have power to appoint the collectors of tolls OB'
the canals of use State, at all such jmi&trs3shall
have been or may be estabjisfisrrior the collection
of tolls, as hergiijerp'rovided ; and said collectors
sbAllfj-governed by such rules and regulations
-CTthe Board may prescribe, not inconsistent with
law, and shall receive such compensation as here
inafter provided. Every Collector, or other officer
in anywise entrusted with the collection or dis
bursement of tolls or other revenue pertaining to
the Public Works, shU, previous to his assuming
the duties of his office, give bond to the State of
(J bio for tbe laitntul discbarge et nis duties,
which bond, with sufficient security approved by
said Board, shall be by them immediately depos
ited in the office of Auditor of State. The penal
consideration of said bond shall not be less than
fifty per cent of the amount of money collected
or disbursed by the same ofneer in the preceding
year, and shall be conditioned for the faithful
performance of his duties, and for the prompt col
lection, disbursements, paying over and account
ing for all monies which shall come to his hands
belonging to the State. The said Board of Pub
lic Works shall also have power, and is hereby
made their duty, to appoint such number of Su
perintendents of repairs, gate-keepers, weight-
masters, and inspectors, as in their opinion, the
labor to be performed on the several public works
may require to render the same efficient, and for
the interest of the State. Every officer appoint
ed under the provision of this act, before enter
ing upon the duties of bis office, shall take or pre
scribe an oath or affirmation that he will dilligent
Iv and faithfullv discharged the'duties apertaining
to his appointment, and promote, to the extent of
his ability, the interest of tbe State, so far as
may be legally in his power, livery person so ap
pointed to office shall receive duplicate certificates
of such appointment, signed by the President of
the Board and attested by the Secretary ot tne
Board, upon one of which certificates shall be en
dorsed and subscribed the oath above required to
be taken, before some one having power to ad
minister an oath, and the same shall be certified
and attested by snch person, and by such appoin
tee handed to the acting Commissioner of his
division, or forwarded by mail to the Board of
Public Works, to be hied m the oae tbereot ; and
said appointee shall hold his said office for the
term of one year from the time of his appoint
ment, and until his successor may be appointed
and qualified; provided, that every person so ap
pointed may be removed at any time previous to
the expiration of his term, by the Board of Public
Works, for neglect ot duty or maiteasance in of
fice. All vacancies that shall occur in either of
the offices aforesaid, occasioned either by death,
resignation, removal, or otherwise, shall be filled
for the residue of the term, in tbe same manner
and bv the same authority as hereinbefore provi
ded for making appointments for a full term; and
all such ouicers so appointed and serving part on
ly of the term of office, shall be paid rateably a
due portion of the salary hereinafter provided, and
no more.
Sic 5. That to provide for the prompt pay
ment of laborers, and for the purchase of mater
ials, and incidental expenses in tne current re
pairs of any of the Public Works of the State,
the resident engineer on any division may -at the
commencement of any month, or at any interme
diate -convenient time therein, estimate the
amount as near as practicable, that will be needed
to pay for tbe repairs of said quarter, exclusive
of the salarr of the Superintendent and may issue
his certificate m favor of the Superintendent of
repairs on said division, upon which certificate the
acting Commissioner may, if satisfied of the cor
rectness of the estimate and of the expediency
of such proceeding, draw his check for tbe amount
or any portion thereof, on the Auditor of State,
whose duty it shall be to issue bis warraut on the
State Treasurer for the amount specified in the
check, and to charge the same to the particular
work or imnmvement to wMcn It properly uciudkb.
The Superintendent in whose favor said advance
payments shall have been made, shall therefore
immediately proceed to pay all indebtedness
which he may have incurred on behalf of the
State for repairs, materials or incidental" expenses
upon the division undr bis cnarge; ana snan
thenceforth, dnrirur said current Quarter, nay all
laborers weekly, unless prevented by unusual
events happening on his division and rendering a
strict compliance with this requirement inconven
ient for the time beinr. on which crmtinzencv he
shall make such payment at the earliest practical
tima thereafter; and the said Superintendent shall
settle with tbe said resident engineer quarterly,
as usual heretofore, and intermediately if required
by said engineer, as the basis upon which to pred
icate his estimate for the remaining part of the
current quarter, and no voucher shall be allowed
in the settlement of a Superintendent's account,
unless the monev for which it purports to be a re
ceipt shall have been actually paid, and the rates
of the laboror materials snail be sucn as snail be
approved by the resident engineer aforesaid.
Should it so happen that a surplus shall remain in
the hands of any Superintendent at the end of any
quarter, the same shall be carried forward to be
used in like manner the next succeeding quarter
but for the closing quarter of said Superintendents
term of omce, the said cjigineer snail not include
in bis estimate any amount for the last thirty
days of said term and shall be careful to limit the
amount of his estimate for that quarter, or any
part thereof below the actual amount or tbe prob
able expenditures, so as to prevent any surplus re
maining in the bands of any Superintendent at
the close of his term of omce; but u, notwitnstan
ding such precaution, any balance should remain
in the hands of any such Superintendent at the
expiration of his official term, the resident Engi
neer of his division shall have power to charge the
same over to said superintendent and apply it to
the payment of his quarterly amount of salary
then due, and if any further balance remains in
his bands, the same shall be paid into tbe State
treasury.
Sec 6. The said Board of Public Works is
hereby authorized to lease water on any of the
several reservoirs of the Public Works under such
rules and regulations as are or may be prescribed
by law for leasing water power on the Public
Works of the State. And the said Board is here
by further authorized k required to make, from
time to time an examination of the leases of water
power upon or connected with any of the Public
Works of the State, made by the lawful agents
thereof in cases where the leases of water-power
or any assignee thereof may require it, to adjust
and fix the amount of rent in arrears, or to be
paid by snch lesee or assigns at such prices as
they may deem just and equitable, and to cancel
existing leases with the consent of the lesees or
assisns, or when such leases have become for
feited and said Board shall deem the interest of
the State will be promoted thereby to shut off the
water and prevent the use thereof under any such
leases when rents shall have been due thereon and
in the arrears for thirty days or more, or when
the lessees refuse or neglect to put in or permit
to be put in such guages as are required in their
leases, and to continue to keep the water shut off
until such rent be paid or such gauges be put in.
And it is hereby made the duty of the President
of the Board of Public Works to furnish the Au
ditor of State from time to time, attested copies of
all leases for water power which remain in force,
and of all new leases made, and renewals or
modification of those now in force, within thirty
days after the making of such leases, renewal or
modification by said Board; and the said Presi
dent shall also within the time prescribed, fur
nish attested copies of such original lease, renew
al or modification to each of the collectors of
tolls upon whom the duty is imposed of collecting
the rents therein provided for.
&EC 7. Collectors of tolls shall, in addition to
such other duties as may, from time to time, be
required of them, collect water rents due the State
or to become due as the same shall secure, and
make such return of such collections and pay over
all moneys thus collected in the same manner and
at the same time they are by law required to make
return of and pay over the tolls by them collected.
All moneys derived trom tolls on tne canals, turn
pikes, or other improvement of the State, as well
as all moneys derived from leases of water power,
or the sales of land held by the State for canal
purposes, or from any other purposes, or from any
other source appertaining to the interest or man
agement of the public works of the State, shall be
paid into the treasury in the manner directed by
law. .
Sec 8. All claims jigamstTEe State arising in
the naturejifla.arils, or for superintendence and
repirroTthe canals, turnpikes, or other improve
ments under the care and supervision of the board
of public works or for any other object connected
with the public works and authorized by law,
shall be paid by the check of the acting commis
sioner on the Auditor of State, whose duty it shall
be to issue his warrant on the State Treasurer for
the amount specified in said check, and to charge
the game to the particular work or improvement
for which the expenditure shall have been made.
No check shall so be issued until after tbe consid
eration upon which it is based shall have been ac
tually rendered, except in the case of superintend
ents of repairs as provided in section five: and
every check shall be made in favor of the identical
person to whom the amount is due, and shall set
forth the nature of the indebtedness, whether for
materials, repairs, labor, superintendence or other
wise, and to what object and at what point or di
vision said materials, labor or superintendence
were applied. Every check shall set forth tbe
specific appropriation which authorized its pay
ment, and shall be accompanied with a certificate
of the superintending engineer, which shall name
the person or persons to whom there is indebted
ness, and state the particular work on which it oc
curred, and the location thereof, and whether by
contract or otherwise. The check and certificate
thus issued, shall be registered in books, one to be
kept by the engineer, and one by tbe acting com
missioner. Sec 9. That in all cases in which it may be
necessary for the board of public works, by them
selves or their legally authorized agent, to let con
tracts for the performance of labor or the furnish
ing of materials, and for the construction of feed
ers, dykes, reservoirs, locks, dams and other works
and devices lor perfecting and keeping in repair
the public works under their charge, it shall
be tbe duty of the Acting Commissioner of
the Board by the resident engineer having
charge of the division of the public works
upon wmen said labor is to be penormra, or ma
terials furnithed, to cause such general notice of
the letting of said contract by publication in news
papers and posting up advertisements, as will se
cure general competition, which said notice shall
contain a statement of the time, place and man
ner of receiving proposals of said contracts, and
tbe character and magnitude ot tne worx to 03
performed, the materials to be furniseed, or both,
if required, for the construction of the said works.
Sec 10. No member of the Board of Pubiic
Works, engineer, superintendent, collector of tolls,
gate-keeper, weighmastcr, inspector, secretary or
clerk, or any other person holding office under said
Board during the location or construction of any
canal or feeder, shall become interested; either in
contractor purchase, directly or through another,
in any lands, town, lots or water privileges for hy
draulic purposes, on or adjacent to any such canals
or feeders under the charge of said Board, until af
ter the expiration of his term of omce; or be en
eaeed or concerned, either directly or through an
other person, hi an j contract for labor, construc
tion or supplies ot any description wnaiever. r. ve
ry person found guilty of violating the provisions
of this section, on conviction thereof in any court
of competent jurisdiction, on indictment or infor
mation, shall be adjudged to pay a fine of not less
than one hundred dollars, nor more than one thou
sand dollars, and shall, moreover, forfeit his of
fice. , Sec 11. It is hereby made the duty of the
Auditor of State to cause all the rolls, abstarcts
and accounts of the collectors of tolls upon the
canals, slackwater or other improvements of this
State, for the last and each subsequent season of
navigation, to be thoroughly examined and com
pared with each other, so that any discrepancy be
tween the amounts credited by the collectors re
ceiving any moneys and the check kept by any
other collector, shall be ascertained; and in case
of any such discrepancy, the clearance upon which
any such moneys purport to have been received,
shall be examined for the purpose of ascertaining
the true amount received; and if said Auditor, af
ter having ascertatiancd the state of the accounts
for the last season, deems it for the interest of the
State to examine and compare as above, any part
or all of the rollstbstracts and accounts for any pre
vious year, he is authorized to cause such examina
tion to be made, and also tor such ensuing year,
and for tM purpose of such examination, if neces
sary, be is hereby authorized to employ an addi
tional clerk, for such time as may be found nec-
Sec 19. Each resident engineer, appointed
under the provisions of this act, shall receive an
arm rial salarr of twelve hundred dollars. Each
superintendent appointed under the provisions of
tbis act; snail receive an nnnuai salary 01 six Hun
dred and sixty dollars. The collectors of tolls,
appointed under the prot imoiis of this act, shall re
ceive respectively the following annual salaries,
viz: At Cleveland, one thousand dollars; at Aa
ron, eicht hundred dollars: at Massillon, six hun
dred dollars; at Dover, six hundred dollars; at
Roscoe, six huedred dollars; at Dresden, five hun
dred dollars; at ZanesvUIe, seven bundled dollars;
at Newark, six hunched dollars; at Carroll, six
hundred dollars; at Columbus, six hundred dollars;
at Circleville, six hundred dollars; at Chillicothe,
seven hundred dollars; at Portsmouth seven hun
dred dollars, at Cincinnati, one tnousana aonars;
at Warerly, five hundred dollars; at Middletown,
six hundred dollars; at Davton, eight hundred dol
lars; at Hamilton, six hundred dollars; at Piqua,
eight hundred dollars; at St Mary's, six hundred
dollars; at Junction, one thousand dollars; at
Maumee City, fire hundred dollars; at Toledo,
one thousand dollars; at McConnelsville, five
nundred dollars; at Harmar, six hundred collars;
and at Losan. six hundred dollars.
The collectors office at Delpos is hereby abol
ished, and the office at Defiance is removed to
Junction.
Weighmasters at Toledo and Cleveland shall
each receive five hundred and fifty dollars per annum;
no deputy weighmaster shall hereafter be
appointed
Inspectors at Toledo and Cleveland shall each
receive four hundred and fifty dollars per annum;
at Cincinnati, seven hundred dollars; the inspec
tors office at Junction is hereby discontinued .
No lock tender shall hereafter be appointed ex
cept at bulkhead or feeder locks.
The board of public works shall have power to
abolish any collector's office, or to change the lo
cation thereof to such place as to them shall be
deemed expedient for the service and interest of
the state, but no increase of salary to the collec
tors shall be allowed in consequence of such re
moval, nor shall any new office be established in
any case whatever. The salaries of the several
officers above enumerated shall be paid in quarter
ly installments, at the close of each fiscal quarter,
as now established, out of the State treasury, up
on the warrant of the Auditor of State; but the
said Auditor shall not draw his warrant without
the check of tbe acting Commissioner of the prop
er division, for the amount due such officer, for
such quarter, or any part thereof, according to the
facts of the case; and it is hereby made die duty
of such acting commissioner to ascertain the
amount due for services of each of said officers,
quarterly, and to issue his check accordingly, in
same manner as for any other claim against the
State.
Sec 13. There sballbe appointed by the board
of public works, as soon after the passage of this
act as they may deem expedient, a secretary to
said board, whose term of office shall commence
on the first Monday of April next, and be for one
year, and such appointment shell thereafter be
made annually by said board, to be lor the same
term, commencing at the expiration of the term of
the incumbent; and said secretary shall receive an
annual salary of one thousand dollars, payable
quarterly in the same manner that the other ap
pointees are paid; and said board shall also have
power to appoint such clerks, either temporally or
for one year, as the public service in their opinion
may require, and may pay them such reasonable
compensation as they may deem just, not exceed
ding two dollars per day for the time actually em
ployed, by check as in otner similar cases; tne
secretary shall be subject to removal at any time
by a majority of said board for neglect of duty or
malfeasance in office. It shall be the duty of the
board, when assembled together in their official
capacity, to keep a correct and complete journal
of their proceedings, which shall at all times be
subject to the inspection of a committee of either
branch of the general assembly, or of any person
authorized by-taw to examine the same, or any
person who may be interested in the proceedings
of said board.
Sec 14. It shall be the duty of the board of
public works to report annually to the governor,
at least ten days before the assembling of the
general assembly, and said report to be by him
transmitted along with his message to tbe general
assembly. Said report shall contain a full accu
rate account ot all monejB expended on each ot tne
public works during the year ending on the fif
teenth day of November next preceding said re
port, the aggregate amount of work contracted
for during the year, the amount of money expend
ed or allowed over and above the contract price,
and the total value of all work under contract re
maining to be executed, es imated in each case at
contract prices, together with the estimated cost
of all the work in progress of execution, and such
other information in relation to the public improve
ments as they may deem needful to the General
Assembly . They shall also report the revenue de
rived from each of the Public Works by tolls and
other sources, how the same are levied t the man
ner of their collection, together with an estimate,
if necessnry, of such appropriations as may be re
quired to re-construct and keep in repair the Pub
lic Works or the State. Tne said uonra oi rur
lic Works shall also, in their said Annual Report,
give a list of all Resident Engineers, Assistant
Engineers, Collectors of Tolls, Superintendents
of Repairs, Weighmasters, Deputy Weighmasters,
Inspectors, .Lock l enders, uate aeepers ana
Clerks, who may have been employed by said
Board during the year proceeding said Report, to
gether with the amount of salary, allowance or
perquisites paid to each, whether such salary al
lowance and perquisits are fixed by law or allowed
by the Board, or an Acting Commissioner thereof;
and also the amount paid and allowed for their
own salaries and the contingent expensese of their
office.
Sec 15. The term of office of all persons now
holding office under the appointment of tbe Board
ofPublic Works or an Acting Commissioner there
of, shall expire on tne first Monday of April next;
and all officers appointed under the the provisions
of this act, except as otherwise "herein expressly
provided, shall take their offices commencing on
the first Monday of April next, and in each suc
ceding year thereafter, similar appointments shall
be made for like terms of office.
Sec. 16. That the act entitled "an act for the
regulation of the Public Works of the State of
Ohio," passed April 12, 1858, be and the same is
hereby repealed.
Sec 17. This act shall take effect and be in
force from and after its
RICHARD C. PARSONS,
the House of
ROBERT C. KIRK,
President of the Senate.
Passed March 24, 1860.
[No. 72.] AN ACT
Further to regnlate the practice of the
Sn pre rue and District Courts in this
State.
Section 1. Be it enacted by the Gener
al Assembly of the -State of Ohio, That
all cases of informations in tbe nature ot a quo
warranto, which are or may be pending in the Su
preme or District Courts of this State shall, on the
motion of the Attorney General or Prosecuting
Attorney having charge of the same, have prece
dence over the civil business on the docket of said
courts respectively, and it shall be the duty of said
courts to require on mo tin of the officers o foresaid,
as speedy trial of the merits of such information as
may be consistent with tbe rights of the parties
thereto.
Sec 2. That in all cases where proceedings
are or may be pending in any of the courts of this
State having jurisdiction over the same in the na
ture of a quo warranto against any banking cor
poration, whether instituted by the Attorney Gen
eral or by the Prosecuting Attorney unucr uie pro
visions of the laws of this State, any stockholder or
stockholders owning together not less than one
fourth of tbe capital stock of such company actual
ly paid in, or entitled to the beneficial interest
therein, may file in the court in which such pro
ceeding may be pending a ) etitien to enjoin the
directors of such corporation from making any dis
position on the assets of such corporation which
shall be prejudicial to the interests of such stock
holders, or which shall be inconsistent with their
duties as directors of such corporation, and said
court, or any judge thereof. In vacation, upon be
ing satisfied that the directors in office of such cor
poration have been violating, or are about to 'vio
late any of the franchises thereof, may require
theta to give security ro the stockholders thereof,
to the satisfaction ot said court or judge, for the
proper discharge of their duties, and for the proper
management and security of the assets of such
corporation under their control, and the said court
orjudge shall have the power to enjoin snch direc
tors and the officers of such bank from paying out
or issuing the notes of circulation of sucn bank,
and from incurring any additional liabilities except
lor tbe payment ot tbe necessary services oi tne
officers and employees of such banking company,
the amount of which while such proceedings are
pending, shall be under the control of said court.
Sec 3. That such court or judge shall also
have the power, on petition of any stockholder or
stockholders owning not less than one-fourth of
the capital stock as such bonking company actual
ly paid up, or of the beneficial interests therein, to
enjoin thr directors and officers thereof from bor
rowing or issuing cither directly or indirectly, any
of the money or assets of such bank for their own
individual benefit w hile such proceedings may be
pending.
RICHARD C. PARSON,
Speaker the House of Representative.
ROBERT C. KIRK,
President of the Senate.
Passed March 21, 1860.
[No. 75] AN ACT
Further defining the duties of Supervisors
of Roads and Highways.
Section 1. Be it enacted by the Gener
al Assembly of Uie State of Ohio, That
supervisors of roads and highways within this
state, be and are hereby authorized to construct
foot bridges over streams of water on said high
ways. Sec 2. This act shall take effectand be in force
from and after its passage.
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK,
President of the Senate.
Passed March 21, 1860.
[No. 88.] AN ACT
To more effectually protect wool growers
against loss by Dogs.
Section 1. Be it enacted by the Gener
al Assembly of the State of Ohio, That
every person ownine. harborinz or keeping anv
dog, shall be liable to the party injured for all
damages done by such dog; and it shall be law
ful for any person to kill or cause to be killed any
dog or dogs which he may find roaming at large
on his premises without the preence of the owner
or keeper of such dog And it shall further be
lawful for any person at any time to kill or cause
to be killed any dog which may be or may have
been found killing, worrying or injuring any sheep
or lambs.
Sec 2. The act entitled "an act for the pro
tection of sheep," passed April 22, 1652, is here
by repealed.
" Sec 3. This act to take effect and be in force
from and after its passage.
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK,
President of the Senate.
Passed March 21, 1860.
[No. 108.] AN ACT
To amend an Act entitled "an Act for
the protection of Railroads," passed
March 28, 1840.
Section 1. Be it enacted by the Gener
al Assembly of the Stale of Ohio, That
Section one of said act be so amended as to read
as follows: Section 1. That every person who
shall wilfully and maliciously remove, break, dis
place, throw down, destroy, or in any manner in
jure any iron, wooden orothcr rail, or any branch
or branches ways or any part ol tne tracks, or any
bridge viaduct culvert, trestle-work, embankment
pirapet or other fixture, or any part thereof attach
ed to or connected with such tracks of any railroad
in this state now in operation, or which shall here
after be put in operation, or who shall wil fully and
maliciously pace any obstruction upon the rails or
tracks of any such railroad, shall, on conviction
thereof be punished by imprisonment in tbe penti
tentiary not less than one nor more than twenty
years; provided, however, that if any person shall
by the commission of either of the aforesaid offen
ses, occasion the death of any person or persons,
the person so offending shall be deemed guilty of
murder in the first or second degree, or man
slaughter, according to the nature of the offense,
and on conviction thereof shall be punished as in
other cases.
Sec 2. Said original section one is hereby re
pealed; provided, however, that all offenses a
gainst and violations of said section so repealed,
which have been heretofore committed, shall be
prosecuted and punished according to the provis
ions thereof, as fully as if said section had not
been repealed.
- Sec. 3. This act shall take effect upon its
passage.
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK,
March, 26, 1860. President of the Senate.
[No. 107.] AN ACT
To prevent colisions ou railroads within
the State of Ohio.
Section 1. Be it enacted by the Gener
al Assembly of the' Slate of Ohio, That
whenever the tracks of two railroads in the
State ot Ohio cross each other at a commcn
grade, the crossings shall be mado, kept up,
and watchmen maintained at the joint ex
pense of the companies owning said tracks,
and all trains of engines passing over said
tracks shall come to a full stop not nearer
than two hundred feet nor further than eight
hundred feet from said crossing, and shall
not cross until signalled so to do by the
watchman, nor until the way is clear ; and
when two passenger or freight trains come np
at the same time, the train on the road first
built shall have precedence; provided, they
are both main tracks 'over which passengers
and freights on said roads are transported;
but if only one is such main track and tbe
otiier is a side or depot track, then the tram
on the main track shall take precedence; but
if one of said trains is a passenger and the
other a freight train, then the former shall
take precedence. Regular trains on time
shall take precedence over trains of the
same grade not on time, and engines, with
cars attached, not on timo shall take prece
dence of engines without cars attached if not
on time. The same rale as above provided
shall apply in all respects where the tracks
of two railroads in any way connect.
Sec. 2. It shall be the duty of the mana
ging agent or superintendent on every rail
road in the State of Ohio, immediately after
the taking effect of this act, to establish and
publish to all tbe employees on said railroad
such rules and regulations as shall, in all
cases, secure strict compliance with the pro
visions of the foregoing section, and to re
publish such rules or regulations on every
time table or card issued to tbe employees
on said road; and in case such managing
agent or superintendent shall fail or neglect
to establish aa publish such rules and regu
lations, or to re-publish the same on each
time table or card issued to the employees
on said road for every snch neglect or refu
sal said managing agent or superintendent
shall be personally liable to a penalty of one
hundred dollars, to be recovered, together
with costs, in an action against bim in favor
of the State ot Ohio to be brought fn the
Court of Common Fleas of any county where
any such crossing may exist; any such agent
or superintendent, and tbe railroad company
of which he is agent or superintendent, shall
also be liable in damages to any person or
company who may be Injured in person or
property by any acaident arising trout a ne
gleet to establish, publish or re-publish such
rules and regulations as above provided .and
I said agent or superintendent shall also be
liable to a criminal prosecution therefor.
Sec. 3. That every engineer, or person in
charge of an engine who shall fail to comply
with the provisions of the first section of this
act. and shall fail to b.ing the engine of
which be is in charge, with the train, ir any,
thereto attached, to full stop at least two
hundred feet before arriving at any railroad
crossing or connection, or shall cross the
same before signalled so to do by the watch
man, or before the way is clear, shall be per
sonally liable therefor to a penalty of one
hundred dollars, to be recovered by civil ac
tion, at the suit of the State of Ohio, in the
Court of Common Pleas of any county where
any such crossing or connection exists, end
the company in whose employ such engineer
or person in charge of an engine may be, as
well as the person himself, shall be liable in
damages to any person or company who
may be injured in person or property by the
neglect or act of said engineer or person in
charge of an engine as aforesaid; and such
engineer or person in charge of an engine
shall also, in case any person be killed by
reason of his neglect or failure to bring such
engine and train of cars, if any there be at
tached thereto, to a full stop at least two
hundred feet before reaching a crossing or
connection with the track of another railroad,
or by reason of his crossing the same before
being signalled so to do by the watchman
there stationed, or before the way is clear,
bo liable to indictment, conviction and pun
ishment for manslaughter; or in case any
person sustain bodi'y injury, not affecting
life, by reason thereof, then such cngineeror
person in charge of an engine as afoiesaid
shall be considered guilty of a misdemeanor,
and shall on conviction thereof in the proper
court of the county where such bodily inju
ry occurred, be imprisoned in the jail of the
county not less than one nor more than
twenty months, or be fined in any sum not
more than five hundred dollars, or both at
the discretion of tbe court.
Sec. 4. That section six of the act entitled
"an act to amend the act entitled an act to
provide for the creation and regulation of
incorporated companies in the State of Ohio,"
passed April o, IBo' , 00 ana tne same is nere
by repealed.
Sec. 6. This act shall take effect, from and
after its passage.
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK,
President of the Senate.
Passed March 24, 1860.
[No. 79.] AN ACT
Supplementary to "an act to provide for
the organization of Cities and Incor
porated Villages," passed May 3, 1852.
and the amendment passed March 11,
1853, and a Supplementary Act passed
April 8, 1856, and Supplementary to
the Act passed April 12, 1858.
Section 1. Be it enacted by the Gener
al Assembly of the Slate of Ohio, That
in all cities of the first class, in which water
works have heretofore or may hereafter be
constructed, it shall be lawtul for the city
council to provide by ordinance for the divi
sion of said city into not more than six sew
erage districts, designating the same by name
or number; and tbat tor tbe purpose or de
fraying the expense of constructing main
sewers in said districts, or either one of them,
the city council shall have power to borrow,
from time to time as they shall deem expe
dient, a sum of money not to exceed thirty
thousand dollars for any one of said districts,
upon tbe credit of the city, and shall have
authority to issue bonds, with interest cou
pons attached, pledging the faith and credit
of said city for the payment of the principal
and interest of said bonds; provided, that all
bonds issued as aforesaid shall have the
name or number of the distiict for which the
same were issued, legibly written or printed
upon them, and shall be signed by the mayor
and city clerk, and be sealed with tne seaioi
the city.
Sec 2. That for the purpose repaying tbe
principal and interest of the bonds by this
act authorized to be issued, it shall be lawful
for the city council to assess and collect upon
and from all the real estate in the district for
which said bonds are issued, in each and eve
ry year thereafter until the interest and prin
cipal of said bonds is fully paid and satisfied,
an amount sufficient to pay the interest due
upon ' jid bonds semi-annually; and such an
amon.it as upon computation shall be found
necessary to provide a sinking fund for the
redemption of the bonds so issued as afore
said at their maturity; provided, that not
more than five per cent, per annum shall be
collected in any one year of the principal of
the bonds authorized by this act to be is
sued.
Sec 8. That it shall be lawful for tbe city
auditor to make tbe assessment required by
the preceding section, upon all the real es
tate in the district upon the valuation aa es
tablished by law for stato and county purpo
ses; and said auditor is hereby required to
certify said assessment to tbe city council
on or before the second Monday in May, an.
nually; that after the same shall have been
confirmed by the city council they shall di
rect the city clerk to certify it to the county
auditor who is hereby authorized and requi
red to place the same upon the tax duplicate
in the same manner as other township and
city taxes are by law placed upon said dupli
cate, and the county treasurer is hereby au.
thorized and required to collect said assess
ment in the same manner as other taxes col
lected by bim, and when collected shall pay
the same to the treasurer of said city, and
for tbe purpose of enforcing tbe collection of
said assessments, ne sball have the same
power and authority now allowed by law for
the collection of state and county taxes.
Sec 4. That in the construction of the main
sewer in or through the streets, lanes or al
ley s of said district, it shall be lawful for the
city council to assess and collect, upon and
from all the lands or lots bounding or abut,
ting upon sajd streets, lanes or alleys, so
much of the expense of constructing said
main sewer a would, in the opinion of tbe
city council, be requited to construct aa or
dinary street sewec or drain of sufficient ca
pacity to drain or sewer, said lots or lands
bounding and abutting upon the streets,
lands or alleys in or through which said main
sewer may be constructed.
Sec. ft. This act shall not apply to cities
of the first class having a population exceed
ing eighty thousand inhabitants.
Sec 6. This act take effect upon its pass-
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK,
President of the Senate.
Passed March 22, 1860.
[No. 118.] AN ACT
nking appropriation lor uie maiuwusBw
and Repair of the puuiic orsa tor tne
fiscal year ending November 15, 1860,
and for tbe quarter ending February 15,
1861. .
Sectiow 1. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
there is ban-by appropriated oat of say mnaeya
in the state treasury, for general terra no pur
poses, to be paia out on tbe check oi tne mem
ber of the board of rxililie wiirka who may have
charire of the nwpeclire portion nf lh publie
worm Inr whro'i ij:(.mj.n.uoa am mane, as
follows:
For genera superinten deace, const ruction and
repairs oa the northern portion of the Ohio
Canal, ftorn Cleveland to the Licking dam. fcr
the fiscal year ending November 15, 1860, the
sum of filty-five thousand dollars. ' - '
For the quarter ending February 15, 1861. the
sum of eight thousand dollars;
Ob the Walhonding Canal, for the fiscal year
ending November 15, 1860, the sum of three
thousand dollars;
For the quarter ending February 15,1861, the
sum of five hundred dollar;
For building Sandy and Beaver aqueduct,
eleven thousand dollors; .....
- For general superintendence, construction
and repairs oa the southern portion oi the Ohio
Canal, from the Licking dam to Portsmouth,
for the fiscal year ending November 15,' 1860,
the sum of fifty-eight thousand dollars;
For tbe quarter ending February 15, 1861, the
sum of ten thousand dollars;
Oa the Hocking Canal, for tbe fiscal year end
ing November 15, 1860, the sum of twelve thou
sand sevea hundred dollars; c-
For the quarter ending February 15, 1861, the
sum of two thousand dollars;
On the Muskingum Improvement, for the fis
cal year ending November 15, i860, the earn ef
thirty-four thousand dollars; aad for the im
provement of the month of the Muskingum riv
er, two thousand dollars.
For the quarter ending February 15, 1861, he
sum ot four thousand dollars;
For the payment of ferriage, or bridge, toll
at Portsmouth, the sum of six hundred dol
lars; For the payment of indebtedness incurred
prior to February 15, I860, the sum of one thou
sand dollars;
For general superintendence, construction sad
repairs oa the Miami aad Erie Canal, from Cin
cinnati to Toledo, for the fiscal year ending
Norember"15, 1860, the sum of ninety thousand
dollars;
For the quarter ending February 15, 1861,
the sum of fifteen thousand dollars;
On the Western Reserve aad Maumee road,
for the fiscal year ending November 15, 1860,
tbe sum of five thousand dollars;
For the quarter ending Februaay 15, 1861,
the sum of one thousand dollars;
For completion of contract with James Ptrrdy
at Gilead side cut, the sum of two thousand
dollars.
For balance due E. Farrington 4 Co., oa eon
tract, for building lock number eight, aorta of
Laramie Summit, in 1858, the sum of two thou
sand nine hundred and seventy nine dollars aad
nineteen cents;
For payment of claims for damages to lands
oa the borders of the Mercer county reservoir,
the sum of two thousand dollars; -
For the payment of tbe salaries of resident
engineers, Ihe aura of sevea thousand five hun
dred dollars;
For incidental expenses of the nfnee of board
of public works, the sum of oae thousand five
hudred dollars;
And for payment of the salary of the secreta
ry of said board, the sum oae thousand dol
larssubject to the check of the President of
said board;
For the payment of the salaries of the mem
bers of the board of public works, to be draws
oa the warrant of the auditor of state, the sum
of four thousand five hundred dollars. Provi
ded, however, that the whole amount expended
oa the public works before mentioned, during
the fiscal year ending November 15, I860; tbe
first quarter of the year 1861, shall not exceed
tbe gross receipts from the revenues of the pnb
lic works by a sum greater than aa average of
two thousand dollars per month. ,
Sec 2. Thia act shall be in force oa aad afer
its
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK,
President of the Senate.
Passed March 26, 1860.
[No. 52.] AN ACT
To provide for the completion of the state
house, and for the care of the building
and grounds, and to repeal certain acts
therein named.
Skctiom 1. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
there shall be appointed by the Governor, with
the consent of the Senate, a "Superintendent of
the State House," and also a "Janitor of the
State House," who shall hold their offices fur
the term of two years, aad until their success
ors shall be appointed and qualified. la cases
of vacancy in either of said offices during the
recess of the General Assembly, tbe same shall
be filled by appointment by the Governor, who
shall, within tea days after the General Assem
bly shall next meet, appoint in the manner orig
inally provided a successor for such unexpired
term. The salary of such Superintendent shall
be twelve hundred dollars, and that of said
Janitor shall be eight hundred dollars, yearly,
in quarterly payments, to be drawn from the
Treasury on the . warrant of the Auditor of
State. . '
See. 2. The Superintendent shall have the
supervision and control of the State House, the
grounds and appurtenances thereto attached ,aad
of all work performed upon, aad materials fur
nished for the same; and he shall also have
charge of tbe tract of land in Franklin county
purchased by the State for a quarry. Every
contract for such work and materials shall be in
writing, signed oa behalf of the State by the
Superintendent and a copy thereof shall be
deposited in the office of the Secretary of State:
and no contract shall exceed the amount appro
priated by law applicable to sucn purpose, i be
Superintendent shall have power to appoint a
clerk, removable at his pleasure, whose duty it
shall be to keep a true reeord and account of all
the proceedings and expenditures of the super
intendent; and he may also employ, when ne
cessary, the services of aa architect; satd arch
itect and clerk to be paid a reasonable compen
sation out of the State House fund. The Su
perintendent shall, annually, before the fifleeath
day of December, make report of his proceed
ings to the Uovernor, wno snail lay tne same
before the General Assembly.
See. 3. The Janitor shall have the charge.
subject to the direction of the Superintendent
of the State House building, and the grounds
and appurtenances thereto attached; aad ha
shall keep the same constantly watched, pro
tected, aad in order; and he may employ such
assistants as the Superintendent may appprove
and deem aeeeswy, whose eoropenaatioa shall
K fiverl hw the SriTvrintmdeat and Daid out
the State House fund. It shall also be the do
ty of the Janitor to prepare the leg laialivw nana
for the reception of the General AseamMy t
the eommeacement of each regular aad extra
Sea. 4. -If any person shall wilfully er ma
liciously injure or deface u any manner any
portion of the State House budding, ita fixtures,
furniture, or appurtenance-, or shall roromit any
nuisance tnereis, . h r j wmiiu,i,
injurious trespass upon the graunda attached
thereto, or shall willfully injure aav tree, shrub
or phut growing upon said grounds, or any fix
ture place thereon, or say eaclasare or side
walk about the same, sucn tjoybob shall, nrjoa
conviction thereof be fined in any aura not less,
than five dollars, aor more than five .hundred
dollars, or be imprisoned ia tbe jail of Frank
lin couaty not lews than one day, aor more
than six months, or both at the discretion of tbe
court; and shall moreaver be liable to the State of
Ohio ia doable tbe amoont oi tne injury uae.
The Janitor shall have the power Sad aolhoritT
of a Constable as to the arrest of all persons
guilty of tbe offences above described; and au
proaeeutioBs for said offencw shall be eoadoetedl
in the same manner and before the same eoerte
as other offences committed within the oily of
Columbus, the puaishmeat whereof may be
less thaa imprisonment ia the Penitentiary. -'
Sec . The work to be dnw lor tbe eotn
pletioa of the State House buikliag shall be as
follows: Tiling the fioor of the roUnda,- putting
gas fixtures ia tbe rotueda; arehiag aad Bay
ring I ho nnrthweat court, and placing thereia
atep. brdfon v .tail inin railing nw aroond sry
ana reuui.nii au.l uiili the dain;ia a the
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