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KS yy 4v M UYW; - '"'' 1 J . i a . - Wit fl in i-r'J:.M . ! -r!-i . J. C1SXEI, Editor and Proprietor. ' ' - j. " i i V. T ' OFFICE Wahing(on Street Third DoorSonlh f Jackson. TERMS -One Dollar and Fiflj Cents in Advance. Voir. & ? L . : AHLLERSBURG, HOLMES COUNTY, OHIO, THURSDAY, JUNE 6, 1861. -1 NO. 42. I llll I I I I L III I V I J n III 1 Z.OB.&. BOLIXG A; DIGUiM, nrrsiciANS surgeons, ,Vr;MILLEKSBURO,0., . tSOSa Ui the room former occupied bj- Dr. Irric. MMk , 18CL ? '- DB.EBKICIIT, PHYSICIAN & SURGEON . : r MILLERSBUBG, O. Ofllca a Jackmra Scmrt, aearlf apposite tie Kaipiro Bwe tBesidenc oa CLay Street.' opposite the rresbjrtenan Uliarcn. '--J. P. AJLBAX, 33 EjCST tist MILLEESBUBQ.O. - A rtincial teeth in . ii- aertcd on Gold Silvnr, Vulcanite Porcelain base. Tci-th Extracted 'Cleaned or filled. Satisfaction warran "lcr. " . Office a fcw doors irett of Weston's Saloon or.28186(L-Tl.. .... Of Every Dcucriptiori, COS. OF JACKSON & WASUIGTONSTS. r !'t JinXER-SBCttG, o. A ( PIiAIi &. FAACY PF Alt tUtDSVCAlTY ZXBCCTEO AT THIS OFFICE. CASKEV Jc IXGL.ES, : 1 Peal Ens V BOOKS & STATIONERY, .. Millerslu.rg, Oliio. . ,, " TO THE PUBLIC. ( A WAITS, hving purchawdTVorlcr and J. JadsoD't improred Sewing ICarhine, U still on kmad to wait on th public lo lua Una In the way of a garment. tlPl Afnt for said Machine, and can recom- Bttaa it a uu nw in aaa, tor au puipoaes. CALL AND SEE IT OPERATE. Above Jno. Carej'i Auction Room. Sept. 20, lS60.-n5m3. A. WaITC Isiii HEBZER & SPEIGLE, : 8COCCSSOSS TO E. STEI2VB.ACIIEK Sc Co., produce & 4cininissicin fkr, Sra!n, US Still; Salt Pili, WliTte ami TTater Lhnc, PUECHASERSOJ'- ' Wheal, Rye, Corn, Oats, Seeds, Dried Fruits, Butter, Eggs, Wool, c . , MILLERSBUBG, O. BAKER jc WIIOLF, Forwardingand T Commission ju e it d h .i v t s , AXP DEALEBS IS " V SALT FISH, tPXASTSJt, . WHITE AND yWATES. LIME. f . -t . HIECHASBBS or FLOUR, WHEAT, RYE, CORN, OATS - CLOVER AND TIMOTHY SEED, ALSO, Butter i Eggs, Lard, Tallow and all hinds of Dried i mils. WAREHOUSE; MILLERSBUKG.O. ept. 18, 185,6 4il. . , . ... . , Millinery Establishment! MBA. 'ELCKir Varti, wbo for mei It worked with Mis9j rowl (Mrs. J. U. Newton,) ii engaged in . Booc lakisg k fionnei TrimmiBg. ffhe ban on band a fine iot of the Sprinr StWes of SILKS, CRAPES. . BRAIDS, &c, which will beitold to ' customers atverv low price. All '- ' 7 r 1 kindx of work will be done in the Intent fashion, on short notice and, in a good and sub stantial manner. ' - -. Reaidenoe on Mad Anthonj Street, North of Cberry boimes' Store, two doors north of lira. Sprawl's resi dence. MUlersborg, 0, March 21, 1861.-31 , Fasliionable .Tailoring AgVLOWTilEB is"carrj;ing on the tailoring business , in all its various branches in .Rooms over . ... ; MUX VALE'S STOKE. ' ' His experience and taste enables him to ren der general satisfaction to those for whom he does work, and he hopes by industry and close application to business to receive a liberal share of patronage. , ALL. WORlf I3WAIlEANtED. His prices are as low as it is possible for an to lire at. . , Millersbnrg, lfc60 n41tf. " ' 1 LUMBER! LUMBER!- LUMBER! i t Patronize your own Tarda .- New Lumber Yard just opened in ,,- JHiUersburg, , KEJLR THE RAILROAD LAXXIXQ, WHERE YOU CAN At WAYS GET t Cleveland prices, freight to thu (lace added,) all pSiEAND POPLxfe LUMBER, Shingles and Plastering Laths, , MATCHED FLOORING & SIDING. f v V Sash and Doors, Tmbracinfr all the Tarictles nsnnlljr found In Lumber Tards elsewhere. We ak the puljlic patronage, proroin Inf that they shall be fairly dealt with. Oar present imtirimrnt l fart viwxi. but ve axnect to made addition io tt from day to day, as the wants of the country arc madentood. GIVE US A CALL. " - -'' AMES HOI.L. March 29,1860. R. W. EN03 NEW . : , '. BOOT & SHOE SHOPI Oy E door West from J. Mulr.ne'i itora, in the room formerlj occupied m Post Office, where the under signed is frepared to do all kinds at vark iaiiU line.es pecially Fiue City Sewed Work such a manner as net to be excelled west of the AUe gbeaiaa. 7" WORK WARRANTED, and done on res aonable terms. B5PAIBINGr neatand on short aotice. - . . . ; ' ' N. B. I baTeonhana, as ant, a lot of home made and eastern Boots and Shoes which for ready pay I will all oa siMfei tanas that jeM cannot ail to buy. Pleas try saeaaee. and call soon. E.B.HULL. Jly2a,1880r-tt; , , . FOR SALE. M T CfOBWOKHVat -aha. MiHsrsbaTrf annery haTD a BUGGY AND BUFFALO WAGON, - - f tot sale very cheap. Aaury JS,- lsei 21tf .... Thrilling Adventure—How a Thrilling Adventure—How a Bold Yankee Captured a Secession Flag. A Wasliington correspohdent of iLe New York Tribune gives this graphic ac count of a daring Yankee's exploit: WASHINGTON, May 23, 1861. I have .already apprised you lv tele graph of the leading features of the bold and dangerous achievements of a Boston lDker, which resulted in the taking of a "Confederate7' Ore. The details will be r-yu"'PS " --7.i-.u.. . i u..cr,B;o.u- pnnied by Lis brother, W. J, A. Fuller, a prominent Aew . York lawyer, spent the day jo looking about. Alexandria, having no purpose except : curiosity to see what Virginia troops looked, like. They regis tered their real nnmes acd residence, and, of course, were marked men from that mo- menL After a thorough exnloration of the city, they, dined at the hotel, with a- bout fiftw ofliccrs of the Secession nrmr and the elder brother took the last stae for Washington, which he reached that uiffht without anr striking adventure. The )Ounger brother declared his determi nation to bring home the ouly Secession nag that was nying in the place, if he sac rificed his life in the altemot. . He said he "could not stand it" to see the rebel bant- ing flaunting defiantly in full sight of the Capitol, and have it he would, at any haz- aid. No persuasion could make him fore go the rash attempt. He took a room at lne hotel the Marshal House where the proprietor kept the flag flying, swearing ho was "a bloody old secessionist, and Lin coln could not make him haul it 'down. no expressed a strong desire to see any d d iankee attack the naff. Mr. t. by a little adroit management, had a room assigned him in the main building, from the roof or which the - nag-staff ran op through an open scuttle. After tea h groped his way toward the roof, and found the tipper doors locked.' He then climb ed lne Dearest winaow. eight or ten feet above the stairway, and found it nailed down. He bought a hammer at a hard ware stoie, went back and drew the nails, lieing a perfect gymnast, and active as a cat, he expected to climb to the roof bv the spout, but this proved rotten as paper, and com i el led him to abandon the attempt He next searched about the city and round a locksmith, whom he told that ho wanted bunch of keys to open a closet. ' The man oftvred to go with him and fit the lock, but Mr. F. "did not see it" in thnt light; He said he would not trouble him to go, but would take a bunch of keys, and leave five dollars deposit for their return. Armed with ten keys, he returned to the hotel, watched like a cat for his pportuni- and when the coast was clear ascended to the upper 6tory, and tried his keys. Six of them weie tried unsuccessfully, and the Mwnili had l!irnd rh lock, nhnn h nearly surprised by a party of soldiers who came Bp thc stairs. - He rushed into a sort of dark closet adjoining, secrctad himself under a mattrass, and waited with breath less anxiety until they passed into the next rnnta wli-M thaw anon .herauna ahsorhed in a lively came of "poker," at five cenus ".nt..." IL then went hack, unlocked the door, felt his way in the dark to the flaZ- staff, tried the signal halyards, found that w7rtl hejnitiful. and that h J .1 vne sum- at least, of baulinrr down L ie flair. He mounted to the roof, aud look T r I atreneral survey of the premises. . This was aboat eight o'clock in the evening. The streets were lull of citizens and troop ers, and the full moon shone bright as day. He was again alarmed bj a party of sol- iers mounting the stairs, aud feared that the slight lowering and raising of the flag made when he was trvinrr the halvards. bad been observed from the streets. He stood behind the door, determined to jump by the first comers and over the beads of those coming after, and make a run for the dock, 6orae four or five blocks off, jump in and swim to the Pawhee. The Massa chusetts boys of the 5th regiment, who knew bim well, say that "a man must be swift on foot to catch Charlie." Happily the troops went into another room. - He then went toward the river to alter the moorings of a small vessel,; so that her change of - position might signify to his brother, who bad concerted to cover iiis swim toward the Pawnee, that the boat could approach within hail. He was turn- ed back by sentinels at every street ap- the river. The whole shore was He then determined to go back frt ihA linlAl. hiinr rinwn ma narr nd trust I to the chapter of accidents. Aftef can fu1 -fecoiinoisance: at about' 10 o'clock, hen everybody's attention was engaged ., ,i i : I tue oi tares . a passing cavairy e hauled down the flag, cut the halyards, and made them fast to the cleet that they might hot be observed swinging loosely.: To his horror he discovered that be bnd caught an elephant. The flag was over 30 feet long, aDd about 15 feet wide. . He look off his coat, vest and pants, and com menced winding the flag about his body. To use lis own expression, he thought he never should get it all coiled away. ' lie succeeded, however, by making a sort of Daniel Lambert of himself, in tying np is pants and coat, so as to effectually hide the piratical emblem. ' He marched down stairs, got out of the house, without exci- ting suspicion and started on his travels. Critical as was his position,-with the river bank lined with sentries, and the picket guards extended 16 Long Bridge, where he knew the draw was raised, it soon became perilous in the extreme, by a general alarm which was given in consequace of the fact that the flag was missed. He saw patrol men rushing in .every direction, so he con cluded to conceal himself in an old shed, until the moon ehould be obscure by pass ing" clouds, when lie determined to push for the back country, make a circuit above the' town, and swim across to Ellsworth's Zouave camp, whose fires he could plainly see.' He saw his brother's boat', (with a detachment of twelve men from tho Mas sachusetts Fifth,) lying off in the middle of the river, but dared not hail her, for fear of causing his certain arrest. ' He managed to push from picket so picket, by .wary advances, l one time lying flat on ! wives and daughters and steal our proper-av-.rrihinrr much more bosh of. the same exhibited at the quarters of the Maswchu proachinr selU troops m the treasury building to ctfarded n,ght wher " was received with immense was smoking within a few feet of him, un til be broke cover in the open country, be yond the suburbs, when the moon shone out brightly, and he found himself sudden ly confronted by two sentries. lie made a rush to pass them, when both of them seized him. lie grasped one by the breast and threw him to the ground, with such violence that he wrenched off one of tho n ... .... vuginia army buttons, wtiicti lie now wears on his watch-guard as a trophy. ther sentry dropped his gun and fled; Dut tbirdso diera mow ixwerru man. clinched him from behind, and after brief but fierce struggle, he was hopeless ly a prisonea. He retained his presence of mind, and by ready wit and fertility of invention saved nimselt from persona violence; and u hi m",6J J nisown stratagem and the d P,0IUCT ' "" brother, be slippe d his neck ul t" halter, tie was carried back to lne boleV 0,8 captor proving to be its proprietor, and the captain ot a largo or ganized guerilla band of horsemen, ready w no anew tue airociues 01 llie-oatnners and "Cow Boys" of the Revolution, when hostilities commence alonrr the borders. He was a good natured man, and was so P'e with tha genial manner of his pris oner, and was lost in such admiration of his daring exploit, and of t'.ie sublime con fidence expressed by bim in the power of bis friends in Washington, especially of bis brother, to reiease bim, that he was treated with "distinguished consideration" and permitted to go to his room on bis parole not to escape. : Every seductive art was tried to induce him to become a Se cessionist, bvt Mr. Fuller said he "would rather swing for it than prove false to the Old Gridiron." His captor told him that be was a d d sight too smart for a mis erable Yankee," for he bad done mora than a regiment of them could accomplish, by hauling -down his flag. ' Mr. b. tried to bribe him, and to buy the flag, but was told that it could not be bought for $10, 000 that "old Lincoln had threatened to pull it down, and he wanted to see him do lt.( After a night of anxious unrest, Mr. F. came down to breakfast, and found that everybody was observing him and pointing him out as the "d u Yankee . wbo had hauled down the flag. He sauntered through the city, made small purchases of tobacco, Arc, in the deserted stores, and went to a secession meeting at mrht.- Oue of the speakers alluded very feelingly to the imperishable glory which covered the Stars and Stripes, and related with thrilling pathos how his father, a veteran of eighty years, still clnng to them. At this point, when Mr. fullers patriotic feel ing had overcome bis prudence, he clapped his hands loudly in applause, . when the whole meeting -electrified by the speaker, pplauded to the ecno. Hut the excita- biiuy ot Mr. if. caused tne crowd to glow er l blm s. terociously, mat ho applaud - everyining wnicn loiiuwea and it was uo " ) 'g "" - rocity. the audience were told that the roP "ere all Northern barbarians, who only wanted beauty and booty. "Yes," exclaimed we orator, almost drunk with passion, "they only want to ravish our tv 1 :!,. i- f..H..'.. i .i xuwmu uii-u. m.. i unci s uiuwci i , , i . i - - . . , morouguiy alarmed ior uis satety, took a ,rr,S, ' own to Alexandria, and succeeded in laying plans that resulted in bis release the next day. As the safety of other parties (Union men) would be in volved, I cannot reveal the nature of these negotiations, other than to hint that the guns of the Pawnee and. the movements ( ,roops contributed largely to the resuli Arrangements had been thoroughly made snI nd burn the city, had the ul ueiaiueu aner to uay. Several companies of the Massachusetts 5th took solemn vow that they would take the city, "orders or no orders," and Ellsworth's "boys" were "in the ring." But the orders would have been given. , Last night Mr. F., sure of cooperation by water, again tried take the flag; but it was guarded by two soldiers, sleeping in the attic, and watched incessantly by sentinels outside. So be contented himself with taking the flag which hung up in the hall, which he wound round his person, and which he suc ceeded in brinrinr here with him. It was tucc""f; ,,V4 uciauiutu- down t0 id Mr- F- last D'6ht regretted sincerely that they had not a hand in its capture. ue ty of of lo or What the Editor of the Louisville Democrat Thinks. I The Louisville Democrat of Sunday, says : We do not believe . there is to be much fighting. The' Federal armies, so much more powe;fuI in men and rc-sourccs, can seize point after1 point, and gradually enclose l i . i . o...,i. c?.. : : t . i: tue wuoio oouuieru oinies iu muiuiry uues. It is useless to attempt to keep up the idea that the Federal navy cannot blockade the Southern seacoast. We have thought it impracticable, but the swiftness of action on the part of the government in securing ves- sets and the very small number of actual ports notwithstanding the immense extent of the coast, have convinced us that we were mistaken. Then the land ports, and ports, on the Mississippi, are all in the easy command of the government. They will be under no actual necessity for a bloody invasion. Tho South can no more he over come by invasion than Russia by the seiz ure of Moscow, but when the ports of entry are all seized, her chief cities occupied, her commerce totally killed, we may expect that though agovernmcnt may continue to claim allegiance for a lime, it wilt eventually fall to pieces for the best of reasons: it has fail ed to carry out the design for which it was adopted. .' The United Slates officers, not suddenly, but by degrees, will begin to as sume their functions here and there in the South, and the States to act in harmony in such manner that no one will be able to tell exactly when the Union was entirely reconstructedV of, be Laws of Ohio. PUBLISHED BY AUTHORITY. No. 42. AN ACT To relieve sureties of executors and ad ministrators. Section I. Be it enacted the Gen I . , . - " - . fwyt cral Assembly of the Stale of Ohio, lliat it snail lie l.iwtul tor ,mv surety tr any exocii. ... J . . i "j i ik. ,wi rtf.iuiiit-iiijuur vi nnv ueceifu w wi execui.tr or anministrator oi any sucn surray. any time to make complaint to thc proper rrnliatc court to lie released from the bond with such executor or admiuixtrator.by filing his re quest tnerrlor with ttieimlge oi said court, ana giving at least lire davs notice, in writing, to such executor or administrator, when such court is of opinion there is good reason I here for, snail release sncli surety, and it sucn executor or admistrator foil to give n.-w bonds, as by sucn conrt directed, he shall be removed ana his letters annerarvlprl tint fineh aria-iral filiretv shall not be released until such executor or ad ministrator so gives bund, and such orignal surety sliall be liable only for the acts of snch executor or administrator from the time of the execution of the original bond to the filing of the second bund: J'rotulnt, that the cost of such release shall lie paid by I he surety applying to i rucns i. unless it shall appear lo the court that thc administrator or executor is insolvent. incompetent, or is wasting the assets of the cs la'e. , Sec. 2. An act entitled -an act to relieve the sureties of executors or administrators" pass ed April 6, 183U, be and the same is hereby re- penieu. Sec. 4. This art shall take effect and he in force from and after its passage. - re ED. A. Speaker pro tem. House of Representatives. ROBERT C. KIRK, President of the Senate. Passed March 22, 1861. No. 43. AN ACT To nmend section ninety-one of the act to provide for the organization of cities and incorporated villages, passed May 3, 1852. Section 1. Be it enacted by the Gen eral Assembly of the Stale of Ohio, That section (!)) ninety-one of the act to provide lor llic organization of cities and incorporated villages, passed ilay 3, 1633, be amended to read: ...... Spmiox 91. That firr the purpose of crea ting a sin King inna for tne gradual extinguisn nieiit of the lionili. and funded debt of anv munieipnl corporation, the council thereof shall annually (until payment of thc bonds and hind cd debt be fully provided for) levy and collect, in audit ion to l lie ot tier taxes oi said corporation, i tax of not less than one mill, and not exceed- n2 three mills, upon said pmperlv appraised and rclnrncd as aforesaid, which shall be paid into said treasury, and be applied liv order ol the city council towards the extinguishment of said bonds and funded debt, and to no other purpose whatever. S c. 2. Thnt said above recited section be and the same is herchv repealed. bee. o. 1 bis act snail take envet and be in force from and after its passage. ' , ED. A. PARROTT. Speaker pro tem. House of Representatives. ROBERT C. KIRK, President of the Senate. March 28, 1861. [No. 44.] AN ACT. Supplementary to act assess ment and taxation of all property in the State, and for levying taxes thereon ac cording to its true value in money, passed April 5, 1859, and amend sec tion 6 of said act. Section I. Be it enacted ly the Gen- eral Assembly of lite Slate of Ohio, 1 hat f any person whose duty it shall be to n.afce a I return or list of property for taxation under the I provisions of the act "lor the assessment and taxation of all property in this state, and for levying taxes tbereon according to its true val in money," passed April 5, 1859, shall make lalse return, it shall be tne duty oi tne coun auditor to ascertain the true amount of the taxable property, moneys, credits and effects that such person ought to have returned or list ed, in the manner prescribed in thc thirty-fourth section ot said act, ana to add tuereto nicy per centum on the amount so ascertained: and the amount so ascertained with the said fifty per centum shall be entered on the duplicate tor taxation. Sec. 2. 'When any person summoned to ap pear before the county auditor and give testi mony, under the provisions ot the tmity-iourin section ot said act, shall neglect or refuse to ap pear, or shall neglect or refuse to answer any qvestion that may lie put to him by the audi tor touching the matter t.nder examination, the auditor shall apply to the probate judge of the county to issue a subpeena . fir the appearance such person, before him; and on the applica tion of the county anditor it shall be the duty the probate judge to issue a subpoena for the appearance ot sucn person lortnwitn ueiore mm give testimony; and if any pemou so sum moned snail tail to appear, or appearim; sumi shall refuse to testify, he shall lie subject to like prof ecdings and penalties for contempt as lvitnesSs in actions pending in the probate court. S e. 3. That section six of said act be so amended as to read as follows: Sec." 6. Each person required by this act to list property, shall make out and deliver to the assessor, when re quired, or within ten. days thereafter, a state ment, verified by his oath or affirmation, of all the persona property, moneys, credits, invest ments in bonds, stocks, joint stock companies, otherwise in his possession or under the con trol of such person on the day next preceding second Monday of April, in the year in hich such assessment shall be madend which y the provisions of this act he is required to list for taxation , either as owner or holder there or as ruardian. parent husband, trustee, ex ecutor, administrator, receiver, accounting om- cer. partner, agent or tactor. See. 4. Said original section six is ncreny repealed, and this act shall take effect on its passage. ' -my ED. A. PARROTT, Speaker pro tem. House of Representatives. ROBERT C. KIRK. President of the Senate. Passed March 29, 1861. [No. 45.] AN ACT Concerning rights married women Section 1. Be it enacted ly the Gen eral Assembly of tne lalt or unto, as follows: Section 1. Any estate or interest, le gal or equitable, in real property belonging to any woman at her m arringe, or which may have come to her during coverture by conveyance. gut, devise or inheritance, or by pm-ennae witu her separate money or means, shall, together with all the rculs and issues thereof, be and re- main her separate property, ana nndcr ner sole control; and she may, in ber own name, during I Ipajm the same for any rw.rio.1 aotsnc- I ceeding three years.'; Thin act shall ant affect j the estate by toe curtesy ot any nuaband in I the real property of his wife after decease: but I during the life of such wife, or of any heir of ber body, tuen estate anaii not be taken ny any 1 process, of law far the payment of hi debts, or conveyed or eaenmbered by him, unless aha I shall join therein with him in the manner pre- scribed by law ia regard to her awn estate. I Bce. s. Any personal property, including righU is action, belonging to any woman at her I marriage, or which may have come to her dur I ing coverture, by gift, bequest or inheritance, or by purchase wither separate money or means. or lie due as the wages of her separate labor, or have grown out of any violation of her per sonal right, shall, together with all income, in crease and prutits thereof, be and remain her separate pninortv and nnrler sule control, and shall lie liable to" he taken by any process of law ior iuc ut-ois oi ner iiusikuki. i ms aelsaall ' .'"."i W "".tal " P . ll-uit-cl JUIU IIJH IWHrXmiUll Willi thc assent of his wif..: Pm,MA nil rtirlt ... fnrnilurc and household (roods Moon-in? or I i i i . " i wnruu may uave come to anv mar ri.nl woman i as above net forth, shall not be deemed to hav been reduced into the nnsKr-Kdiin nt W l.n band by reason of ther joint ose of the same, but shall remain her separate property. Sec. 3. In any action against husband and wife upon any cause existing agaiust her at lueir marriage, or upon anv tort committed bv her diirine coverture, the separate property of the wife shall be also liable to be taken for anv judgment rendered therein. sec 4. Anv married woman whos! hus band shall desert her, or from intemperance or mner cause neeome meapaciated or neglect lo provide ior nis lamily, may, in ner own name, make contracts for her own labor and the labor of her minor children, and in her own name sue lor and collect her own or their earnings. Any married Woman in such case of desertion incapacity or neglect, may file her petition in the court of common pleas of the county in wnicn sue resides, alleging the same, and mak ing her husband defendant thereto: which pro ceeding shall be subject to all rules applicable io ouier civil actions; ana npoa prooi, by Tt sti monr , of scch desertion, incaoacitr. or neirloct the court may, in its discretion, make an order having the force and effect of a iudsrmcnt, vest ing such woman with the rights, privileges 1 I" 1-1?.! i- , 1 su irouiiiiies oi a icne sole, as to acquiring, possessing and disposing of property, real and personal, making contracts and being liable thereon, and suing and being sued in her own name. J'rondcd, after such judgment the bus band shall not be liable upon any contract so made by her in her own name, or for any tort merealler committed bv ber. Sec. 5. This act shall not affect any rights which may have become vested in any person at the Inking effect hereof. The act entitled "an act in relation to the interests of husbands in the estate of their wives," passed February 2P, 1846; and the act amendatory thereto passed rcr. 5lu, 4 1, -md the act entitled "nae. seeming to married women sneb personal property as may be exempt from execution, and also ena bling them to control their own earnings, and the earnings of Ibeir minor children in certain eases, passed Aprjl 7, MJ 11557, are Hereby repeaiea. ED. A. PARROTT, Speaker pro tem. House of Representatives. Speaker pro tem. House of Representatives. ROBERT C. KIRK, President of the Senate. Passed April 3, 1861. No. 46. AN ACT To amend nn act entitled an act to author ize the. erection of town halls, passed Feb. 21, 1848. Sectios 1. Be it enacted ly the Gen eral Assembly of the State of Ohio, That tne second section of an act entitled an act to authorize thc erection of town halls, passed Feb ruary 24, 1848, be so amended as to read as fol lows: Sec. 2. That every voter who is in favor of levying a tax on all the property of the town ship or incorporated town, tor thc erection of sncb hall, shall indorse on his- ballot "town hall," and if a loajirrity of all the legal voters at such election voto "town hall," then the trus tees of such township, or council of such in corporated town, shall, on or before the first day ot J u ue 1 Hereafter, inform the auditor ot the proper country of the vote of the electors in such township or incorporated town, as ex pressed at said election, and the county audi tor shall levy a tax on all the property of such township or incorporated town standing on the list fur -the purposes aforesaid, and to enable the trustees of such township or incorporated tows to purchase a lot, if necessary, upon which to erect said hall. And it shall be lawful for the trustees of any township, or town council of incorporated town, m which a town hall shall have lieeu erected, at any time to levy and collect a tax upon nil the property of said township or incorporated town subject to taxa tion, for the purpose of painting, repairing or discharging any existing debt incurred in the erection or purchase of such hall. Provided, the amount of taxes, under the provisions of this act, shall in no case exceed two mills on thc dollar of the taxable property of any town ship or incorporated town: and the tax so lev ied shall be collected by the county treasurer, in the same manner and at thc same time that state and county taxes are collected, and by him paid to the order of the trustees of such township, or to the town council oi any incor porated town raising the same. Sec. 2. That original section 9, of the act of which 4)e-Rcrls amendatory be, and the same hereby repealed Sec. 3. This act shall take effect from and after its passage. in on ED. A. PARROTT, Speaker pro tem. House of Representatives. ROBERT C. KIRK, President of the Senate. Passed April 3, 1861. No. 47. AN ACT. Further defining the duties of boards of education for incorporated cities, towns, villages, and independent school dis tricts. Section 1. Be it enacted by the Gen eral assembly of the State of Ohio, That the board of education for any incorporated city, town, village or independent school dU tnct shall prepare or cause io oe prepared ana forwarded to tho county auditor on or before the first day of October, a statement exhibiting a true account of all the receipts and disburse ments for school purjmses, and sucn otner sta tistics and in lor Dial ion as the state commis- sioner of schools of ils to a ED. A. PARROTT. Speaker pro tem. House of Representatives. ROBERT C. KIRK. President of the Senate. Passed April 4, 1861. No. 48. AN ACT 2. : In actions upon contracts made by dc envrtura. ceased rjeranna thnmirk . arrant, and ia which amend sections 323 and 344 of the code of civil procedure. Section 1 . Be it enacted ly the Gen. eral Assembly of the Slate of Ohio, That section three hundred and thirteen of the code civil procedure be so amended as to read as follows, io wit: Sec 313. No party to a civil action shall be allowed to testify by virtue of section three hundred and ten, in any action when the adverse party is the guardian of a child or children of a deceased person, or of an idiot, or of a lunatic, or of a deaf and dumb person, or is the executor or administrator of a deceased person, except in the following cases, namely: 1. Jb actions with nn executor, administra- tor, or guardian of infanta, as above specified, a party may testify to facta which occurred alter me ueairt oi ine decedent or parent. the agent shall testify, a party mar testify to au tbat transpired between bim ana wo relation to anch contract and the making thereof, and ia relation to any conversations or tranvactiou between himsen aau uu agum testified to by the agent. 3. In actions wilh a trustee of, either of the rhanci above specified, in which any adverse party. or any other person banuga direct in- teres! ia the matter in controversy mumu. ed as a witness and testify to transactions or conversations with a party to such action, sucn of no In of or or any out inr. and to law of tbat party shall also be permitted to testify as to such sj-ecific transactions and conversations. 4. In actions with a trustee of either of the classes above specified, in which the claim or defense is founded on lunik account, a party may testify to his account bonk, that the same is a book of original entries, that the entries in the same were made hy himself or by a deceas ed person, or by a disinterested person non resident of the state at the time of trial; and on such authentication of the account-book and en tries, and said book and entries shall be ad missible evidence in the c.ioe. 5. If the deposition of a party who has died during the pending ot a suit shall be given in evidence on the trial of such cause, the oppo site party may testiy as to all matters and things contained io said deposition and not ex cluded for irrevalency or inadmissibility. . In all actions by or against a surviving part ner or partmrs, or a surviving joint contractor or contrators, no adverse party to the suit shall be a competent witness to testify to transactions which took place with, or declarations or ad missions made by the deceased partner or joint contractor in tne aoseneot nis surviving part ner or joint contractor. ' Sec 2. That the three hundred and for ty-fourth section of said code of civil procedure be so amended as to read as follows, viz: Sec. 3-14. Before taking any deposition, unless the same is taken under a special commission, writ ten notice thereof shall be given to the adverse party , specifying the action or proceeding, the name ol the court or tribunal in which it is to be used, and the time and place of taking the same; and in case the deposition of a party to a suit is taken, the same shall not be used iu his own behalf unless the notice shall also specify that the deposition to be taken is that of the party. 1 he notice shall bo served on the ad verse party, his agent or attorney to record, or left at thc usual place of abode of snch party or hisaffent-and the deposit ion shall only be nseda- gainst such parties asshall have ben served with thc notice iu one of thc mod' s prescribed. The notice shall be served so as toallow the adverse party sufficient time (exclusive of Sundays, the day of service, and one Uay lor preparation) to travel by the usual routes and modes of con veyance to the place named in the tot ice; and the examination may if so stated in the notice, be adiourned from dav to dav. aec. J. 1 bis act shall take effect and be in force from and after ils passage, and shall apply i.r mi bujib now iienuing, as weii as snirsnere- after commenced, and said sections 313 and 344 of the code of civil procedure are hereby ED. A. PARROTT. Speaker pro tem. House of Representatives. ROBERT C. KIRK. President of the Senate. Passed April. 3, 1861. [No. 49.] AN ACT. To amend an act entitled "an act for the assessment and taxation and assessment of property in this state for levying tax es tbereon according to Us true value in money," passed April 5, 1859. Section 1. Beit enacted ly the Gen eral Assembly of the State of Ohio, That every bank shall annually, between she first and second Monday ia May, make out, and, on demand of the assessor, deliver to him a cor rect statement, attested by the oaths of the pres ident and cashier of such bank, or if there be no president or cashier, then by the oaths of the principal manager and principal accountant of such bank, setting forth. first The amount of capital, whether divi ded into shares or not, actually paid in or se cured to be paid by note or otherwise, or many manner procured or furnished to be employed its banking business. Second The amount of undivided profits arising from such business as belong to the bank, whether in its possession or subject to control, or loaned, or otherwise invested for benefit. Third The a iot;nt loaned to or deposited with such bank, for a term certain, or which, agreement or undc .-standing between the parties, is not to be withdrawn on demand, ex cepting amounts which may have been deposi ted with any bank established'asa clearinghouse the redemption of the notes of banks making such deposits, and on which no interest is charged or received by the banks making such deposits; which several amounts shall truly represent thc condition of the means, property and of the assets of the bank described ia this section, as shall have existed on the day next preceding the second Monday in April, and shall be added together, and the gross sum so produced shall be deemed tne amount ot prop erty employed in banking for the then current year by such bank. Sec. 2. The assessor shall return to the county auditor the statement described in the foregoing section, made by any bank in bis township, or ware, and the amount so returned shall be placed on the county duplicate, and the city duplicate where city taxes are col lected oa a separate duplicate, and taxed as oth er personal property in the same township, town village or ward, may be taxed bv law. Sec 3. Every corporation, company, indi- viauai person orasswiauoa o. persons, wueui- authorized by law to issue notes for circula or not. that shall keep an office, counting- house, or other place for the transaction of business in this state, and shall discount, buy, exchange, or otherwise deal in or receive deposit money, bills of exchange, notes, bonds, stocks, certificates of public debt, or other evidence of debts, claims or demands, with a view of profit, shall be deemed a bank within the meaning of the preceding sections this act. and for thc purpose of carrying out provisions. Sec. 4. It shall be the duty of the president and cashier of each banking company organi sed under the act entitled "an act to incorporate State bank of Ohio, and other banking companies;" passed February 24, 1845,on or be fore the second Monday in May in each year, make out under oath, and return to the prop er assessor of the township, town or word.wh ere such company is located, a certificate containing statement of thc amount of the capital stock of such companyTpaid in and remaining as capital stock undiminished by losses or otherwise, to gether wilh the amount of surplus and contin gent fund and undivided profits accrued prior the first Monday in May, and also the amount or deposited wilh such bank for a term certain, or which by agreement or understand between the parties, is not to bo withdrawn demand, exceptingamounts which may have deposited with any bank established aa a clearing house for the redemption of the notes banks running such deposit and on wuivu interest is charged or received by tho banks making such deposits; and the ainonnt so re turned shall be placed on the county duplicate, and on the city duplicate where city taxes are collected on a separate duplicate, and taxed as other personal property in the same township, town .village, or ward may be taxed by law. making the crrtficat aforesaid, any portion of it or for the of To thc or in was said capital slock. surpltisorcontingent fund undivided profits invested in real estate which is subject to taxation under the laws of this state, may be deducted, but the certificate shall specify the amount so deducted. See. 5. inch assessor of any township or ward within the limits ol which any such bank banking company may be located, lir case president or cashier oi sucn and deliver to the as-nwor herein required. n,mnT.. .hnll ...tllW ft. lit K O W iiiahv after the provisions of this act snail nave oeen accepted by snch lank as Vaafler provided, shall, as in other cases, assertom the amount of capital stock, snrpltm and eoatingeat inna undivided promts, ana aniu. rrvurn .u. the oounty anditor, or to such officer as the regulating hi duties may require, and the amount thus ascertained, with the addiUoa of fifty per centum thereof, shall be entered up on the proper duplicate for taxation; provided, ia eases where city taxes are aaaresed and collected by the city auiboriuea. tne taxes upoa banks aa provided for ia this act, shall be aa sensed and collected the same as city taxe up on other property for the time being are as sessed and collected in such city. - Sec 6. It shall be the duty of every asses sor iu whose jurisdiction there shall be located any such bank or banking company, to leave with seme proper officercf anch baa k or bank ing company, a notice to make out and deliver within ten days the statement required in the first section of this act. See. 7. Each and every banking company organized under the provisonsof the art entitled "an act to incorporate the States Bank of Ohio, and other tanking companies," passed Eebrua ry 24, 1845, accepting thc provisions of the three preceding sections, shall make ootand transmit a certificate thereof to the auditor of the county in which such bank or banking company is lo cated, and shall also transmit a certified copy of such acceptance to the auditor of state, who shall file the same in his office. -. Sec. 8. This act shall hot he construed to re peal the sixtieth section of the act "to incorpor ate the State Bank of Ohio and other banking companies" aforesaid, but to suspend the opera tion of said section as to the several companies accepting the provisions hereof during the time they shall continue to .be taxed as provided iff this act. ' " - Sec. 9. Sections 60, CI, 62, 63, 64. 65, 66,67, and 63, of the art entitled an act for the assess ment and taxation of property in this state, and for levying taxes thereon according to its true value in money, passed April 5, 1859, are here by repealed. - Sec. 10, This act shall take effect on its passage. ED. A. PARROTT, Protem. Speaker House of Rrepresetatives Protem. Speaker House of Rrepresetatives ROBERT C. KIRK. President of the Senate. Passed April 4, 1861. [No. 50.] AN ACT. Supplementary to aa act to encourage teachers' institutes, passed February 8, 1847, and the several amendments ; thereto. ... Section 1. Be it enacted by the Gen ral Assembly of the Slate of Ohio, That where an association of teachers of common schools, called a teachers' institute, has been or may be formed by teachers of two or more contiguous counties, the County Commission ers of eacbof said counties, are hereby author ized to appropriate for the t.se of said asso ciation, a sum not exceeding one hundred dollars in any one year, from any moneys in the County Treasury not' otherwise appropri ated. . , ,. Sic. 2. The moneys so appropriated shall. upon the order of the County Auditor, be paid over to the committee or treasurer of said institute: provided that no cart of the money shall be ordered by the County Audit or, to be paid over, except upon the petition of at least twenty practical teachers, resi dents of the county in which such appropria tion shall be made, who shall therein declare their intentien to attend the meeting of said association. Sec. 3. It shall be the duty of the officers every such teachers' institute, to report at the close to the school examiners of the prop er county the name of each teacher in atten dance, the time of attendance, and the amount paid for the nse of the institute, to the State Commissioners of Common Schocls within thirty days after every meeting of the insti tute, an account of the moneys received, front what source, and how expended by them, and such other matter relating, to the insti tute as the commissioner may require. Sec. 4. This act shall take effect and be in force from and after its passage. ED. A. PARROTT, Speaker pro tem House of Representatives. Speaker pro tem House of Representatives. ROBERT C. KIRK. President of the Senate Passed April 5, 1861. [No. 51.] AN ACT. To protect AgricnltuTal Fairs. Section 1. Beit enacted by the Gew eral Assembly of the State of Ohio, That shall be unlawful for any person to exhibit show any natural or artificial cariosity for any price or gain, or shall set up to let or use profit any swing, revolving swing, flying horses or whirlgigs, within one-fourth of a mile of the fair ground of any agricultural society in this State, while the fair of such society is being held therein, unless such per son shall first have obtained the written per mission of the Board of such agricultural society to make snch exhibition. Sec. 2. That If any person: shall violate provisions of this act, he shall, on con viction thereof, be fined in' any snm not less than one nor more than one hundred dollars ; all moneys derived from the violations of this act shall be appropriated to tne support common schools. : - Sec 3 This act shall take effect from and fter its passage. RICHARD C. PARSONS, Speaker House of Representatives. Speaker House of Representatives. ROBERT C. KIRK. President of the Senate. Passed April 6, 1861. [No. 52.] AN ACT. amend section 34 of aa act entitled "An act providing for the punishment of crimes," passed March 7, 1835. ' Section 1. Beit enacted ly the Gen eral Assembly of the State of Ohio, That section 34 of the aforesaid act be so amen ded as to read as follows : Section 34. That if any person or per sons shall administer poison to another with intent ro destroy or take the lite of the person or persons to whom the same shall be administered or do him, her or them, an injury, if any person or persons shall mix poison water, food, drink or medicine, with the aforesaid intent, the person or persons so of fending, their aiders and abettors, shall be deemed gnilty of a misdemeanor, and npon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor not more than fifteen nor less than two years.' - -Sec. 2. Original section. 34 of the above recited act to which this Is an amendment, is hereby repealed. Provided, that all offenses' committed while tha section hereby repealed in force shall be prosecuted" and punish ed thereunder as if the same were not re pealed. 1 .. Sec. 8 This act shall take eject on itspau- RICHARAD C. PARSONS, Speaker of House of Representatives. ROBERT C. KIRK, President of the Senate. Passed April 8, 1861. [No. 54.] AN ACT To amend the first, second and third. soctions of an act entitled "An act requiring annual settlements by coun . ty officers," passed March 22, 1850. Section 1. Be it enacted by the Gen eral Assembly of the State of OAio, That sections one, two and three ot the above re cited act be so amended as to read as follows : Scotios 1. It shall be the doty of the Prosecuting Attorney ei each oouoty ia this' State to report to the County Commissioners, annually, oa the first Monday of September, a certified, statement et . the number of criminal prosecutions pursaed to final conviction and sentence, under hia official care In the Conrt of Common Pleas, durrar (Continued on fourth page.)