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Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, April 19, 1860, Image 1

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ESTABLISHED A. 1). 1S2C
MILLHItSHUlUi, OHIO, THURSDAY MOILMMJ, AIMHL 1!), I SCO.
NEW SKHIKS-VOL. 22-NO. 9.
Poetry.
THE ROSE OF ALLENDALE.
The morn was fair, tlie skies wore clear,
No breath came o'or the sea,
Wlien Mury left her hlylilnin) cot,
And wandered forth with mot
Though flowers clerked tho mountain's uldo,
And fragrance tilled tlio vale,
By fur the sweetest tiowera there,
Was tho Hose of Allcudule.
Where'r I womler'd cunt and west,
Though fute bejran to lower,
A solace still was sho to mo,
In sorrow's lonely hour;
When tempests lash'd our pillftnt bark ,
And rent her shivering sail,
One maiden form withstood tlio storm,
'Twss the Rose of Allcndnlo.
And when my fevcr'd Hi were pareh'd,
On Africa's burning snnd,
She whispcr'd hopes mid happiness,
And tales of distant land;
My life hail been a wilderness,
Unblest by fortune's frnlo, '
Had fate not linked my lot to her.
Tho Koso of Allendale.
Interesting Story.
THE LITTLE CABIN BOY.
I shall never forget it that old stone
mansion, with its ivy-covered porch its
high-pointed windows, and the grand old
trees that shaded its rnggod walls, aud
stood liko sentinels upon cither side of
the gravel walks. Forget it? No! for
tlmro I first beheld tho fairest being that
ever lived to bless tho weary pilgrimago
and throw a gleam of light athwart the
pathway of lonuly, disconsolate man.
A gay, laughing littlo creature was my
Minnie, with bright, azure eyes, aud soft,
uhestnut hair, waving coqucttisbly around
a brow pure as drifting moonbeams, and
falling in rich shining masses over the
sweetest, plumpest little shoulders in the
world. 01 she was lovelyl and how
wildly, madly I loved lier; and iu return
I know that I was the object of all bor
thoughts the one iu whom was centered
all her fondest hopes and earnestly did
. J strive to be worthy of her love.
Uer father, Hugh Manville, a retired
tsea captain, having amassed a fortune in
the whaling busiuess, had come with his
family '.o the pleasant viibtgo of Marion,
in the State of New York, resolved to
(pend the remainder of his days iu peace
nd quietness n, luxury for which he
had alw ys longed-, and which he well
knew how to enjoy. Minuie was the ou
Jy child; and although it had always been
a source of regret to the old gentleman
that Providence bad not seen tit to bless
.him with a son, yet that did not prevent
him from taking a lively interest in the
"Welfare of his daughter, and early was
she instructed iu all tho mysteries ol
swimming, diving, skating, fcc., and bo-
fore she had completed her twelltu year
had with her father, made several succes
ful voyages around the Horn yet this
was all iu the dnvs of budding childhood.
"When I first saw her she was sixteen
tho belle of the villnira and so artless
and retiring in her miiuner.s that no ono
could for a moment suppose that she had
tiver shared tho daugers and hardships of
a life at sea. Possessing a fertile mind,
a lively imagination, and a fund ot origin
ality, together with an exceiletitoducution
it was not strange that I should have been
.attracted, or that I should so soon havo
found burning in vnj breast a deathless
passion
We wero much together; her father ap
' proved of our intimacy; and iu tho long,
golden November days we would wander
through the dim forests, listening to the
sighing of tho soft winds as they floated
dreamily through the swaying branches
of tho old elms, sending the crimsoning
leaves in eddying showers to tho ground.
We wero huppy then, and secretly wo
pictured to each other a life which should
Lea long holiday of love, devotion and
trust. We would never change, never.
Time flow by, and business called mo
from, tho side of her 1 loved.
I had, sinee my acquaintance with
Minuie, risen from the position of '-hand"
to that of mate of a vessel, plying between
the ports of Oswego and Chicago, and it
was but seldom that I could liud au op
portunity to visit tho quiet residence of
Captain Manville yet Jnnnio s letters
were frequent, and rilled with words of
never-changing afToctiou, and absceuco
hut endeared her to me.
It was two years from the timo we first
met, and it was again November, though
now the Indian summer, with its haze
and melancholy, was past the winds
sighed no more, but insteud, went rushing
by iu fearful gusts, while the old trees
shook and trembled, and brushed their
arms against the windows, with a dull
lonely sound. All without was cheerless
but seated before the glowing anthracite
in Captain Mauvillu's cozy parlor, we
heeded not the storm or darkness.
"I cannot bear to think of your mak
ing another trip this season, Will," said
Minnie, thoughtfully, as we sat together
later iu the evening, and her eyes haul in
them a sad, troubled expression I had
never before observed.
"And why not, darling! we have been
tip later in the season than this, and re
turned in safety. This is a bad night, to
he sure, but such weather cannot hold
long," I replied, gayly.
"I know, Will; but I have a presenti
ment now don't laugh, aud call me a
little superstitious simiiloton nerhans it
is foolish to indulge such thoughts, but
ever siuce you came I have dreaded your
departure, for something seems to tell me
that 1 will never see you strain, and I
have thought and brooded over it until it
appears almost a certainty."
"There is no danger, I assure you, lit
tle pet," I replied, kissing away a pearly
tear that had fallen upon her fair cheek.
'Ho not trouble that little heait, for all
will be well."
Wa converse,! mneh lomrnr linon the
same subject, but it was in vaiu I strove
to quiet her fears, and iu the morning1
I Wo her adieu, I saw that she
i
tol'v oxhaustod were wo all, but for Her-
bert'a liuo wo never could havo climbed
was very pule, ami thrtro wcro traces of ro-j
cunt tenra upon her chock.
Two days later, and I waa in OrWoKn.
Our vessel was roady, the cargo all aboard ,
and nothil.u; remained but lor koiiio ono
to present himself whom wo tnigbt en-
gogo in tho capacity ol cnlnn boy
t tlii juncture, tliero appeared on
board a youth who gave, bis tiamo as Her-
belt Monteith, and uiodeHtly inquired for
Uibbs, tho coniniaiulur, Baying
ho had understood that a boy was wa nted ;
and ho would be very glad to fill the va
cancy. J he captain seemed much pleas
od with tho frank ami straightfoi ward i
manner of tlio ad. and immediate v en-
gaged him for tho trip. I
For some iuexplicablo renson Ilet bert :
seemed to avoid me; 1 never (.aw him for ,
more than a minuto at a time, and al-1
I nftetl Knil:n in ltim. 1 enlilil tinv- ;
n 1 ;
er engage him in conversation. I was i
somewhat puzzled, for I had from the!
(irxt taken a singular liking to tho lad,
yet as I saw his unwillingness to any
thing liko a familiarity, 1 ceased to trou
ble him with questions or remarks.
Ho was singularly handsome, with
soft, curling auburn hair, and olivo com- j
plcxion, his eyes shaded by black, silken
lashes, I could never dctcimino whether
they were black or blue, though, in fact,
I seldom had an opportunity to decide,
for hj never looked me iu tho face, though
with the others, and especially with the
captain, ho was on excellent terms; and 1
often heard them speaking of his unusual
intelligence, tho sprightliuess and amia
bility of his disposition, nnd tho activity
and good nature with which ho performed
all his duties.
For several days our voyage was pleas
ant, but after passing the .Straits of Mac
kinaw, as wo were carefully threading our
way among the islands that form tlio
group of Mauiton, there arose a terrilie
storm. Wo were sotno distance from
port, and the shores high, rocky aud bar
ren, yet nothing daunted, we pursued our
course. Xight came on, and tho wind,
instead of diminishing us wo bad hoped,
rose higher, while the sleet and rain nearly
blinded us. All night wo worked fearful
lest at every bound we should bo dashed
upon tho rocks, or bo swept over into the
seething abyss of waters.
For two days and nights wo labored,
while tho storm raged on with unabated
fury; but on tho morning of tho td day
there was a partial lull, yet it foiTBa us in
a piiiable situation. Our vessel fust up
on a huge rock, a perfect wreck, some
quarter of a mile from html, and ourselves
nearly dead from fatigue nnd cold, our
fingers and feet frozen, and no visible
means of bettering our condition. Out
of tho crew but five of us remained some
had become frozen und helpless, and were
washed overboard while others iu at
tempting to swim ashore, hud met with a
watery grave.
During tho whole of the storm, Her
bert hud kept near me, booming to watch
my every movement, yet 1 failed to dis
cover any signs of fear, utid even now, as
wo clung half frozen to tliu rigging, he
was as culm and collected us if no danger
hail thrcutcned.
"If we could only get a lino ashore we
should bo saved; L wonder it there is any
one of us who has now sul'li jiout strength
to battle with tlieso breaUers, ami reach
tho nearost point of land," said the cap
tain, his countenance lighting up us a
fuint hope dawned. "What say you,
Will; you ate an expert swimmer; could
you reach tho shore, d'ye think?"
"Il would bo springing into tho icy
arms of death for any of ns in our pres
ent condition to make the attempt," i an
swered, looking gloomily around upon
my perishing companions.
"1 think 1 could, sir, if yon will permit
me to make the trial," said Herbert. "1
feci confident that 1 can swim that dis
tance." "You aro a noble boy, Herbert," said
tho captain, utid tuny God preserve you;
there are few cuough such on earth; but
you are young and weakened from Buffer
ing and exposure. I will go myself, aud
Ood giant I may succeed."
Thus saying, Cuptuin Oilibs, attaching
a largo rope to bis body, and shaking
hands with us all, sprung iuto tho rushing
waves. For a few moments ho battled
maufullv. strikim: out boldly for the
shore; yet it was soon evident to us all,
that bis strength was failing. A moment
of breathless uuxioty, and wo bow littu
disappear beneath tbo surface, end then
for a timo every ray of hopo died out in
our hearts, and sadly we contemplated
our certain fate.
Herbert was the first to break silence;
turning to me he said, calmly: "I shall
now either share the fate of our noble
captain, or fasten a line to that large rock
you see jutting out from yonder snore
had I gone first, as 1 desired, tho captain
might have been saved; 1 kuow that I am
equal to this emergency."
"It will be all the same three hours
from now; it matters but little which
goes first," I said, sadly gazing upon the
tlushed cheek and sparkling eye of tho
brave boy, aud then, for the first time,
Minnie's fears aud pleadings flashed
across my mind, aud instantly I prayed
God to shield her from harm, aud give
hr strength to bear tho dreadful tidings
which I felt sho must so soon receive.
A moment later, and Herbert stepped
cantiously over the icy dock to my side,
and handing me a letter closely settled,
said; "Take it Mr. Graham.iud if 1 roach
yonder shore m satetv. return it to me
unopened; if I perish, rend it; you may
find something of ititerest therein."
Thus sayiug, he fastened a strong cord
about his waist, the other end of which
was made fast to a larger line of sufficient
strength, and as wo uttered a lerveut
"God help you, my boy," ho sprang fear
lessly into the dark and angry waters.
For a moment ho disappeared; then ris
ing, swam rapidly toward the shore.
Breathlessly we watched him, aud when
at last tho gaol was won, and wo saw
him scrambling up the steep rocks, our
joy and gratitude knew no bounds.
I he hue was soon made fust, and then
! t a signal from Herbert, wo one by one
I carefully made our way to land, yet so tit
of n kind-hearted fisherman, and were by
'lim conveyed to the nearest town, a dis
Captain tanco of somo soven miles, where wo wero
kindly cared for. The two bailors and
but waited to ascertain what was to bo
tho fato of Herbert ero sturtilin for mv
over tlio rugged rocks to a placo of safety,
Hi-" onduiniico amimil bcyoid calculation;
lio luul borne all ami morn tli:in any of
us, and still lio wok by all odds tliu leust
alluded by tli btif.'orin.s lio bad undur-
gone
J t was four days from tho timo of our
perilous escape, wo liud reached tho but
myself recovered rapidly, and in a few
days wo wcro ablo to be about: not so
w ith Herbert. Tho excitement over, ho
lay like a broken reeit, vaKCiiraiitil? ue-
tween life ami death, while the 'physician
shook bis head doubtfully, and spoRo "
subdued tones. Ten days passed and 1
. . i
eastern home, when passmg lrom toy!
room to the parlor I mot tho physician,
ana anxiously untuned as to too state ol
his patient
"Hotter; much bettor," was tho reply,
spoken in a hopeful tone. "Rut I sup
poso you are not aware that your little
cabin boy, ns you term him, happens to
bo a young, interesting and beautiful
maiden, and if tho story of your preserva
tion, which you all tell, is a fad, it is tru
ly marvelous."
"You aro certainly jesting, doctor," I
replied, but a glance at his honest, truth
ful countcnunce told me that it was not
the case.
"Indeed, my fine fellow, I am not; I
was never more in earnest in my life.
She told Mrs. Ward, the nurse, all about
it, the day before she was taken down, and
begged she would not make it public.
She was willing you should know it, if
there was danger of her disease proving
fatal; but if she recovered, it was to re-
main a secret, nno saia sue ma, o u e
mil Buioij uii join uucuuiii mm ono
sure something would happen, anil she
wished to be near you though, perhaps,
sho would not have you know all this. I
would not havo told you, only that I ac
cidentally learned you wcte about taking
leave of us.
"And who what is the name?" I
exclaimed seizing tho doctor's hand, os
tho truth flashed with lightning speed
across my mind.
"Miuuio Mauville, I belicvo," was tho
reply.
"Yes, it was indeed she, and ns I con
templated all the hardships and daugers
she hud suffered for me, and realized that
tir her I owed the preservation of my life,
if I loved her before, oil, how wildly 1
worshipped her then, and how impatient
, ... - ... , .mi i ,
ly did 1 count the days until she was able
to leave her. chamber. And when at
last, she camo forth, pale and emaciated,
yet still beautiful as an angel, I clasped
her to my breast, and vowed to live hence
forward only for her. Two weeks after
we were again in tlio cozy parlor of the
old stone house, yet not alone; many
iruests were there assembled to witness
the ceremony bv which tho littlo cabin!
boy, became my own, my noble, disinter
ostod wife.
.
i
1
,
j
Is A Dog Baggage!
We witnessed a debate in the Cleveland
depot recently, when this question was set
tied by a couple of Emerald Islanders,
one of whom was leading u dog, and the
other was holding iu his hand a large carpet-bag,
which appeard to bo empty.
They demanded of the baggago-niastcr
bis price for taking tho dog to Akron, and
was told it was onodollur. They demurred
the price, and oll'eid fifty cents; but
tlio baggage-master was inexorable. They
then insisted that tho dog should bo taken
as baggage, they having no "luggage
but the empty sack. After debating the
question sotno time, tho baggage-master
peremptorily refused to take tho dog
without pay, assuring them that tho dog
was not baggage. Tho Irishmen seemed
a little puzzcled, hut the one holding tho
dog finally turned to his companion, and
sai l: "Michael, an' faith, put the dog iu
tho bag, un' then won't be bo bnggago ?"
The crowd roared with laughter, and tho
dng was provided with a free pussago to
Akron.
bitten. I hn bear soon alter died tlio poa
whoa dlcr is living yet
Esi:itoY. It is astonishing how much
may bo accomplished in self-culture by
the energetic and the persevering, who
are careful to avail themselves of oportun
nities, and use up the fragments of spare
timo which the idle permit to run waste.
Thus Ferguson learnd astronomy from
tho heavens wdiilo wrapped in a sheepskin
on the highland hills. Thus Stone learn
ed mathematics while working as a jour
neyman gardner; thus Drew studiod the
highest philosophy in the intervals of cob-
blind shoes; thus Miller taught himself
geology while working as a day-laborer in
a quarry. By bringing their mind to bear
upon knowledge in its various aspects,
and curcfuly using up tho very odds und
ends of their time, men such as these, in
tho very hnmblost circumstances, reached
tho highest cultnro, and required honora
ble distinction among thoir fellow men.
It was ono of tho characteristic expres
sions of Chatterton, that God had sent
his creatures into tho world with arms
long enough to reach anything, if they
chose to bo at tho troublo.
Waunino to Tiuvf.i.krs. Tho Ulica
Ttleiravh cautions travlers on railway
cars against taking hold of the horizontal
wheel used for tightning tho brakes, which
projects above the ruiling on tho platlorm
of tho cars, the reason for this caution is
thus stated: "Several of the leading rail
roads are beginning to use a kind of brake,
which, iu case of emergency, can bo sot
almost instantly without the presence of
thebrakeman. Should such an emergen
cy arise while a passenger was steadying
himself bv one of the wheels, it would,
without tho least warning, rommonco to
revolve rapidly, and he would lose his hold
and run a treat l Uk of falling between
tho ears."
Evry person should remember this
cantion. It may save life.
A ffw weeks apo a chap, who was ped'
! dliuar 'Helper's Impending Crisis' in cr
- , mont.was attacked by a bear, aud badly
LAWS OF OHIO:
Published by Authority.
[No. 3.] AN ACT
To ameinl .Suction 4 90 of an Act entitled
"An Act to establish a Coda of Civil
Procedure," passed March II, 1853.
rendered at the next term of the Court nf Com
thmiirh n"" 1' it shall have a lien only from the
Section 1. Be it enacted by the Gea-
r.ral Assembly of the Hint, of Ohio, Thai
Section 4!t() ol the art entitled an act lo estab-
lish a code of r.ivil procedure, passed March S,l
1511, as heretofore ami nded, be now so ameud-
ed as to rend as follows: tif-ction VM. Much
judgment, if the transcript snail be liled in term
lime, snail nave a lien on the real estate ol the
j"ltftncnt debtor Irom the day of filin : il ill
, )jrn (.
r nttnm
in vaeaiiou. an af'Hiimt lit llttir. it hIiaII I.avu
roin the iIht of Ijlinif : btilosaKainst olh-
transeriola Hied in viu-ntion. and ioditiiiiils
first day of the next trtm of said Court : and
any jmffrinent ol whirh a-transcript has Ixrti
filed a nloresnid, whatever may be. the amnniit
thereof, w hich shrill have heretofore or w hii h
may herenller become dormant by reason t the
death of either of the parties thereto, or from
any other cause, may be. revived by th" Court
of Common 1'lc.i of the county in which the
transcript has or may be filed, iu like mminer as
dormant judgments rendered, bv ane.h Court
may bo revived ; and the revivor thereof shall
have the same, mire and effect as the revivor of
a judgment rendered by the Court of (Jummon
RICHARD PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK.
President of the Senate.
January 25, 1860.
[No. 4.] AN ACT
net entitled
To amend an act entitled "An Act to
amend the sixteenth section of an net
entitled an act relating to the organization
of Courts of Justice and their powers
and duties," passed February 10, 1852.
Skctiox 1. il enacted by the Gen-
erul AHlienMlJ otke StaCe of 0hi0t nm
Ohio, 'I hat
net be amendvd
Hceiioa one of I lie above recited 1
so as to read as follows: tSection 1. That iu ev
ery instance where a.Iuilf-e of the Courtof Com
mon i'leaa is or shall be interested in the event
of any cause, proceed hit;, motion, or matter
pending before the said court, in any county of
Lis district, or whin there shall not be a quo
rum of the Judaea of the Diatriet Court of uny
district, or reason of interest, on allidavit of ci
ther party to said cause, proceeding, motion or
matter pending, or his cminaol. showing the fact
of such interest, it slinll be the duty of the
Clerk of said Court to enter upon the docket
there of au order direeliug that the paper and
ail matters belonging to said caue, motion, pro
ccedinu.or mutter pending, in which said Judge
of Uie Court of Common i'leim, or of said JJm-
trict Court, is interested, if in the listrit Court.
shall be transmitted to the Clerk of the Court
of a county ol one of the adjoining districts; il in
tho Court of Common 1'leiw, then to the Clerk
of the Court of Common i'leas of an as joining
county of another suli!iisiin, where prie'Jiea-
i ti c, ot 1 ne same uis rici. wnere 1101, men 10 an
ly , mitlf.r diMric.t . auJ whrn
I hie, of the same district, where not, then to mi
a copy of said docket entry, together with all
thu tiles belonging to sum cause, motion pro
ceeding, or matter pending, shall be liled with
the clerk of tba court to whom the Mine may be
transmitted, said clerk shall docket such cause,
motion, proceeding, or matter pending, and
thereui on the same shall proceed to final judg-
meul or determination in all respects an though
the same had been originally commenced iu said
court lust mentioned.
hho. Si. Section one of Bti act to amend the
sixteenth section of an act entitled "An act re
lalitur to the organization of Courts rt Justice
nnd their powers and duties," passed February
111, lw aud the KHine is hereby repealed.
Tbin.nct shall take effect from und ufter its pas
sage.
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK,
President of the Senate.
January 25, 1860.
[No. 8.] AN ACT
To amend section Ten of an net entitled
"An Act establishing Boards of County
Commissioners, and piescribing their
Duties," passed March 12, 1853.
Suction 1. lie it enacted hy the Gen
eral Asstmlly of t!ie Mate of Ohio, That
section ten of the above recited act he so amend
ed as to lead as follows: Sec. 10. That at the
Sei.tember session: the Commissioners shall
examine uu compare the accounts and vouchers
of the County Auditor aud 1 ivusurer, count tlie
funds in the treasury, aud direct the Auditor
to publish nu exhibit ot the receipts and expen
ditures for the past year.
Skc. U. That original section ten of said net
bu and the same is hereby repealed. This net
to take effect aud be iu force from aud alter its
RICHARD C. PARSONS,
the House of
ROBERT C. KIRK,
President of the Senate.
February 8, 1860.
[No. 46.] AN ACT
To amend seeliou oue of an Act entitled
"an act to provide for the Collection of
Claims Against Steamboats aud o'ber
Walei Crafts, and authorizing proceedings
against the aame by nauiu," passed
April 12, 1858.
Section I. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
section one of the above recited act be amended
so as to read ns follow s: Section 1. That all
steamboats other water crafts, of twenty tons
burthen and upwards, nmiguting the waters
within or bordering upin this Stale, shall be
liable and such liability shall ben lien thereon,
for all debts contracted on accouut thureof, by
the master, owner, steward, cousignee or other
agent, lor materials, supplies, or labor iu the
building, repairing, furnishing or equipping the
same or tor insurance, or due for wharfage, and
also for damage arising out of any contract for
the transportation of goods or person, or for in
juries done to persons or property by such crufl,
or for any damages or injury done by the cap
tain, mute, or oi her othecra iher.of, or by any
neison under the order or sanction of either of
tnetii, to any person who may be a passenger or
hand on such sleamlsial or other waler craft, al
thelimeof the infliction of ilamngB or injury.
tsKi'. 2. That section one of the act to which
this is amendatory, bv and the same is hereby
repealed. This act to take effect from aud ut
ter its .
RICHARD C. PARSONS,
Speaker the House of Representatives.
Speaker the House of Representatives. ROBERT C. KIRK,
President of the Senate.
Passed March 10, 1860.
[No. 5.] AN ACT
Amending settion an act
"An Act further defining the Duties of
Sheriffs nnd Coroners," passed March
1, 1838.
I
Ssction 1. He it enacted ly the Gen
eral Assembly of the State of' Ohio, That
section two of the above recited act lie so amend
ed ns to rend as lollows: Section a. I hat there
shall be kept in the office of the Sheriff of each
countv of this State, a foreign execution docket,
in bo 'furnished nt the cost of tho county, in
bich docket the Sheriff or Cgrner shall, on
j
j
I
j
the r.ceip , by him of any ec,nt.on. ord. r ol l
any r.,,,,ly .. th Male, o'her than thai ,n
sue). r, , l,.n t,v- ,y .
'rt and !: u-v m-'K.d, tl,- li,:,. and nihohm
of jiidfineht or decree. Alio copy in s led f'fjk
the full iti-Hrripiii-ii of the pro rly aud real -s-tale
hi' li he il.i.ll levv i,m.u or o(f. r I'T sale,
the same as in endorsed uj u or cutuincd in
said writ. . .-o col y into said ,k his return
on sueb writ, v,hu he makes the same, irr-l
ding the bill of riMis; nu I shall
for the n of I
the is wins minted to the sane-, retain all 1.
due iu such covs to resideiitof his county, and
pay the same ou r on demur! to s..eh p-rsii.
aud shall make a nircf a"l revr index of
each case so entered ; and such ciilrievso made,
shall be noticed to Autw oucnt purehas. rs aud
creditors ol trie matters ei.utaineil therein.
Sfcc. 2. Thrft such nrirfiuttl section two be
and is hereby repealed.
8 k, 3 This act to take effect and lie in force
from and after i's pn44.','.
!
!
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK.
President of the Senate.
Januray 25, 1860.
[No. 47.] AN ACT
Supplementary to "u act to relieve District
Courts, and to give greater efficiency
to the judicial system of the State,''
passed April 12, lHoH, and f'f the act
amendatory thereof, parsed Mutch 31,
1853.
Skctioh 1. J)e it tnactei h the Gen
eral Aembty of the State f ()hi. 'Unit
in nil caws iu Licit a scion'
I trial has been, or
shall be allowed, nnd nn iddertakirn' entered
into by the lirty demanding the same, as pro
vided iu sections one and two of the siii ! act
"to relieve the iJirlrict Con ri. and togivei;reat
er eH.cieny to the judicial system of toe .State"
and the surety in the umiertakiiiv' sl:all hae re
moved from the county, or the undertaking is
insurhci.mt iu form or amount, the court snail.
on motion, order a new undertaking to be ex
cutcd, with security to the suti-faciion of the
clerk of sucli court, and it such order shall not
be complied Willi in Mich reasonable time as the
court determine, it shall be the duty of such
court, on motion, to render judgment in s ich
cuuse against the party demanding the ground
trial lor the amount of the judgment rendered
upon the first tii.il. together with the interest
accrued thircon, and tor costs of suit, and to
award execution therisin as iu olber ca-.es.
.Skc. 2. This act to be in lorce on aud after
iU
,
RICHARD C. PARSONS,
Speaker of the Hons" of Representatives.
ROBERT C. KIRK.
President of thy Senate.
Passed March 10, 1860.
[No. 12.] AN ACT
Supplementary t'ltho ad entitled " An Act
to provide fur the. re-oi.jatiizntiori. supervision
nu I maintenance of Cuinmuii
Schools," passed March 1, 1S.jo
Skctiom 1. Le it enacted by the Gen
erul Assembly 'f the State if Ohio. That
it shall Ik! l.iwt'nt for any Board of K lucalion.
organized under the act parsed ilarch I, 10.1.
entitled MA Act !o provide h.r the re-or,rani-zalion,
N"crviiun. and maintenance of Com
mon ISehihilH," or organized under the act pars
ed Kebrunrv 21, lfll, entitled "An Act lor the
better regulation of the i'ublic Schisils in cities,
towns, iVc..." in every case where it may be ne
cejMviry to procure a scI.um.1 h"UF.e sile, and the
said board ot ICdticalion nnd the owner thereol
shull be unable, from any cause, to nun e upon
the sale and the purcha- thereof, to make out
an accurate survey and description of the par
cel of laud which the said lhard t f Kdncnion
may desire to appmpriate fur s.den.l house put
poses, aud hie the same with the Probate Juit,'e
of the proper countv, aud thereupon the frame
procecilinjs.ot'anpropriaiion shall be had which
are provided lor by tlie act entitled "An Act to
proude fc,r ciniien8a!h n to the owners of pri
vate preperty npprupriutcd to the us' of corpo
rations," passed April 'AO. 1S.V2, and the vnrious
acts amendatory and bnpplcineiifary thereto.
(Sec. 3. This act shall take etTect upon its
RICHARD C. PARSONS,
Speaker of the House f Representatives.
ROBERT C. KIRK.
President of the Situate.
February 10, 1860.
[No. 44.] AN ACT
To amend section 427 of the Code of Ciil
Vroceedttre.
Section 1. He it enacted by the Gen
eral Axsciiibly of the State of Ohio, Thnt
section liiur hundred nnd tweuty-seveu of "au
act to establish a code of civil proceeduie," pas
sed ilaich 11, ls.'ui, be so amended aa to rend
as follows, to wit:
Suction 4. The jury summoned us nfure
suid, shall be sworn to try und determine the
right ol the claimant to the property on contro
versy, and a true verdict to ghe according to
the evidence. 11 the jury should find right to
said goods und chattels, or any part thereof, to
be in I he claimant, they shall nl-n line! the val
ue thereol, and the juKiicn shall render judg
ment iitsiu such loidini' ol tlie urv
tor tlie
claimant, that be recover hisc s.s iumiii the
plainlill iu execution, or other party t" the siune
liir whose benefit the execution issued, and also
that h have restitution of sitcu uoods nnd
chattels, or anv .art thereof, according to the
finding ol the jurv. Hut if the ri,'ht lo the said i
goods and chut-lcls. and etery part thereof, shall j
uot be iu the clunjiant according to Uie muling
of said jury, then the said justice shr.U render
judgment on such rinding in favor of the plaint
iff iu executiou, i-r other parly for whose bene
fit the exiVuli"ii iaane.1, and atainsl said claim
ant for costs, and award cxecnuuu fluavun. Ir
tho jurv ahal fail to agree ami be discharged,
costs shall be taxed to abide the filial eeut ol
the proceeding before said justice, aud am.ther
jury shall be summoned iu like manner as be
fore. Said justice ot tlie peace, in tlie taxation
of costs ucci niug bv reason ol such claim and
trial, shall allow each juror suiuoiied ami sworn
the sum of fifty cents; and lor the sheriff, cm
stable, or other otlicer, and witnesses, and for
himsell, he shall tax such fees as are allowed
by law to each respectively, for like services
rendered in other case. Such judgment lor the
claimant (unless nu undertaking s'a.d I In-executed,
as provided in the next section.) shad be a
ju.tiiieaUoi, if the ol'.'icei- in icitiiii..:f "!
goods" to the writ of execution by vn.i.e ol
which the levy has been made, as lo such part
of the gisxls aim chattels as weic lound to hu
lling to such cl.iimaut.
Slc. . This am shall take effect and be iu
force front and et'ter its p:isairc.
RICHARD C. PARSONS,
of tlio House ot Representative.
ROBERT C. KIRK.
President ,vf tha Senate.
Passed March 10, 1860.
[No. 35.] AN ACT
To amend and act entitled "An Act to
provide for the establishment and government
of Reform Schools," passed
April 2, IPS!.
Section 1. Be it enacted hy the Gen
eral Assembly of the State of Ohio, Tnnt
section ten of 'the act aforesaid l e so amended
a to read a follows:
Skc. 10 It shnll he lawful for the Board of
Commissioner nforcRiud, lo receive upon ani
Refunn Farm, and detain thereunder their con
trol and guardianship, suck male youth a may
be received and detained in House of liciujp.',
t.i..l.-r section, re, ...irht nn, njll ... ,)f
I , ,,f Mug." and the n,ar,u,r
"' r'-f.-riiw to the examinations and
eoinnnln I of Ii ..nil., i. I,..r,.l..
. . i i , . ' ,
t'.,i.d .hull be held luB.p,yt..il.xami.iation
air eMrnr,1itf.t of yonlti lna.ii! R,f.,rI,1 Kano;
,,., ,, t , siwkwu in
If. r .'.. jir.riFrfl i, riWIIVM ol JWTIIe.Wlltl I
n l. n hi .: to s'jcli ii.s:iti;linii, is hereby sunler
red iifon nid 1 rwird .f ((n.iriitu.ior.rrV in r..f.
tr. lie to t)i- .State i("l.rrn Karin.
fKi-.U. Sotiin fifieco of the s-t afonuiid
nl.iill in- i arr.piidr im to r al as fdlows:
t-:i . In. I i,n
parent or ifunrdians of anv
youth commit'ed to any Keform .School, mav I
re'inir.-d by the thorities .,f Wlj, fief. rm
.KcIik.I to pay a weekly rharie for the support
of s.i.l yoniii, not eiceedingone dollar and fifty
cots, the money m, r'-ccived to the duly report
ed and expetelcd, as other moneys, for the bene
fit of such Jteform .School, and 'said parents or
guardians may also bv required to y the ex
reuses of reruoing wild youth to the iteform
School and of returning him to bis friends.
btJL. 3. bectious ten and fifteen of the act
nf"roaid are hereby r porded.
Kr:. i. Ihis act sh.dl luko effect upon it
I
I
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK.
President of the Senate.
March 10, 1860.
[No. 28.] AN ACT
To reguiate the Rewimi'oi!ity of Inn-Keepers.
Sf.ctiov 1. Je it enacted l the Gen-
raf AtxenMy of the State of Ohio, That
no ji,n-m--HT ol in,s .Slate, who slmil e.n
tai'tly ha.-e in Ins Jnn an iron sate, or suitable
v.it li iu good order and fit for the safe austody
of money, bank m.ti . jowelry, artitch of gold
and a.her mamjfar'iTe. precious stones and bul
lion, and who shall keep a ropy of this act
printed by its"lf, in large, plain Knglish type.
ain iranien, roti'ianiiv ami conspicuously sus
j jiericic J in the ' flice, bar-room, saloon, reading.
sluing nin parior room ot Lis lun, and also a
copy, printed by itlf, in ordinary tusnl, plain,
Lnglieh type, posted upon the inside of the en
trance d-ior of every sleeping room of his Inn.
shall be liaHe for the h-vt of any such article
nforestid suffered by nv guest, unless such
cuest shall i Ave first offered to deliver s ch
property lost by him to such Inn-keeper for
custody in such iron sate, aud such Inn-keeper
shall have refu-cd or omitted to lake it and de
posit it in such sate for ci study . aud to give such
g1 est a receipt therelor: but every Inn-keeper
who shall be lial le tor any losa of the aVoie
enumerated articles by a guest of his Ian
;a;.s,d by the theft or negl.ebce of the Inc
iter per. or of any ot his servants, anything v
: te cjhtrnrv thereof iu this act nollith.-.Mel-
.Sf 2. Ti nt if ni v Ter.-V-
- -Il "r -
fraud 1- i.t-
i ?il.'
to ' !:;' z.e ei
Ure, A ilho'.f t
uei . i,;.n i,.;;
er lu.tll .Ue-M n
tir,
A .
I::
ill i r.-. i to s.;.- J
, er I.
C .H'.'tiv, Le i,,il.
I-
!
iu t.:e iiiniim r i. re.cn. ie.l v i-tsr
stealing fill ::v il ti.e uji.r ot ;hj ariiwiu or I
arti. l-s so embezzled, lak.-n or secreted.
M.c. 3. This act sh-ll take effect from ami
after its paste. .
j
'
j
j
'
RICHARD C. PARSONS,
Speaker of the House of Representatives.
RICHARD A. HARRISON.
President pro tem of the Senate
March 3, 1860.
[No. 30.] AN ACT
Supplementary to "An Act directing the
mode of Trial in Criminal Coses," passed
Match 7, 1831.
Section 1. Be it enacted by the Gen
eral Assembly of the Slate of Ohio, That
upon tlie trial of any person cnarged with an
offence made criminul by any law of this State,
if a juror summoned in such case aud under ex
amination touching his comjlencv to serve as
such juror therein, shall s:ute that he lias form
ed an opiniou. or has formed and expressed an
opinion as lo the guilt or innocence of the ac
cused, and shall be objected to for that reason,
the court shall thereupon pnsseed lo examine
such juror as to the grui uds of such opioiun,
und it shall appear to nave been founded upon
reading newspaper statements or rejiorts. or up
on rumor or hears;y. and uot utu conversaiii u
with witnesses of the transaction, or hearing
them testiir, and the juror shall say that he
feels able, notwithstanding such opinion, In
render uu impartial verdict upon the law and
the evidence, the court, if salistied that such
juror wiil render such impartial verdict, may
iu iis discretion, admit such juror as competent
to serve iu such case.
M.c. 2. This act shall take effect aud be in
force upon its passage.
j
RICHARD C. PARSONS,
RICHARD C. PARSONS, Speaker of the House of Representatives.
RICHARD A. HARRISON.
President pro tem of the Senate.
[No. 32.] AN ACT
To repeal the School Library tax.
Section 1. lie it enacted ly the Gen
eral Assembly of the Slate of Ohio, That
the fifty-eiuhlh section of the act of May 4,
ls.'i.'j, to provide for the re-oigauizntion, super
vision and maintenance of common schools, so
fur as it relates to the assessment nt taxes for
purpose of furnishing and incrcasiu school li
braries and apparatus, be aud the same is here
by repealed.
Skc. -. This act shall take effect on its pas
RICHARD C. PARSONS,
of the House of Representatives.
ROBERT C. KIRK.
President of the Senate.
March 10, 1860.
[No. 34.] AN ACT
To amend section three of an Act entitled
nn "Act of the Jurisdiction nnd Procedure
before Justices of th Pence, and
of tho Duties of Constable in Civil
Curt."
Si.oTt'iv 1. Be it enacted by the f7fn-
erai A'Simbly if the. State if Ohio, That
s-i'iiou three of nu uei en1 h ! .u :.'to' t:;e
Ullnoiclliill lilld pl'ic
dure bid,
ue .1 -lie. oi t ue ,
I'eM-e. ;m,i of the dliUes ft I
nsta' le 111 t I 'll '
t'onrw," passed March 14. 1
as to ria l r. lolh.w s: Sec.
m' "'h d
f l.;.t he t.ol:-i. - .
hoi lor i r iin hoi.l.-r re.i.i, i.. ..f !h. cor;.". ;
he lo Id to answer any Minimons iss. o sv . n-t
bitn by a p.. ice in a cicil mailer, in any town
ship of such conn. y other than ice one wi.eje he
shall reside, except us othcrwi. provided by
Section twwol this act and in the cases follow-
First Where there shnll lie no Justice of the
Peace for the township in which the defendant
may reside; or,
Second Where the only Justice residing
therein is iateresicd iu the controversy; or.
Third Where he shall be related a father,
fiithei-in-law, son. son -iu -law, brother, brother-in-law,
gurdiau, ward.iiucle, nephew, or cousin,
loeithir of the parties, and there is nojnMice
in the township competent to try the cause.
iu the for. g iui' excepted cose the action
mav l e bro ght before any justice of an ad
joi limit township of the same ennuty, snd the
J us! iee shall state on hi ducket the reason of
his uliiiu; jurisdiction.
Fourth Where the summons is accompanied
with an order to attach properly, the jurisdic
tion shall be cu-exteusixe wilh the county.
Fifth Whoa two or more persons (hall be
!
h, , , w, , . . .
the ., action, and h'.i,l Z 1
coimnn,, ), a.ition brfor a j'u"uX "l"h.
' , ., .""
. , ,i...u mj mi inn lunulas lia-
ble mav nside; nwi.i t,t in imnt aolins
airaiiKl makers and eu.lc.rwr. of notes, due-bill
r i.iiis or exrhaMire. tl,. ftctioi. shall U eom-
menced in the lownshiu whereon of tbs uriir.
inal makers, drawers and endorser reside, aud
If it lie churned by the plliuntf that endors
er endorsed the note or bill at the time it wa
made, and the jurisdiction dctx nd thereon, ha-
fore the justice shall take jurisdiction, the piaia-
nu, it Biiiw pi.Tson tor uiui, Hiiau me sa Simla
Tit setting forth the tart.
Kixlh la case of trespass to real or personal
property, it shall I lawful to bring the action
id the township where the trespass wns soramit
ted, or iu the towuship where tbs trespasser, or
sny one of several trespasser reside.
Hsc. it. ThAt section three of the sat to
which this is amendatory, be and tlie sains is
hereby repealed.
Sec. (; This act shall take erTost and bs iu
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK.
President of the Senate.
March 10, 1860.
[No. 14.] AN ACT
Supplementary to the act to give additional
security to Land Title in thia
State, passed March 22, 1849.
Sectiom 1. He it tnarltd by the Gener
al AtsemUy of the Stale of Ohio, That
henever any deed, mortgage, lease, or other in
strument of writing intendei to convey or encum
ber any real estate, or any interest therein, here
tofore or hereafter executed, may not have been
or shall not be printed or written on s single sheet,
or whenever the certificate of acknowledgment
thereof may not have been or shall not be printed
or written un the same sheet on which ssid deed,
uiortgnge, lease, or other instrument of writing
may be printed or written, and such detective con.
reyauce shall be corrected by the judgment of a
court, or by tlie voluntary act of the parties there
to, such judgnunt, or instrument correct tng the
same, shall relate back so at to take effect st and
be operative from the time nf filing the original
conveyance in the Recorder' Olfice.
btc. 2. This set shall take effect upon pass
RICHARD C.
Speaker the House of Representatives.
ROBERT C. KIRK.
Feb. 10, 1860.
[No. 15.] AN ACT
Supplementary to an act to provide for
compensation to the owners of Private
Property appropriated to the use of Corporations,
passed April 30, 152.
Jj' it er.nrtfi by the Gtntr-
-'. !?4-;':.i'.,v i.t ( State tf Ohio, That
h.'.e; '.r n ij- j iu' u-ccse..ry f r two or more
' "..i: m t. r.r.. uf the iv.Ay.ti waters of
l.i.2 .v..ite at ur near the sume point bv craw cr
jiwunjf bnle.aid radi thail, if prac'.ickh'.e, use
u:c-and tl,..- s ime bridge and approaches thereto;
ir. I in I'A.P tin, .fimi.tilb. ..uriii..,. ru. m .... rr. I in
l'lli '-'C lcir.ng louse such or.ilgc and ap-
: r"aches, cannot agree upon the terms aud regu-
Unions upon which said bridge shall be used as
above, then the riht to use any bridge and sp-
P"Jchi.-g, or other similar structure already con-
strucieu ov a runroau companv ior its own use.
nuy be apprpr;ated by tiikotd
pany, to be enjoyed in common with the company
pany, to be enjoyed in common with the company
owning the same, in accordance with the provis
ions of the law in force authoriziug the appropria
tion of private prvperty to the uae of corporstioiia.
Sec. -J. The sutcuieut required to be filed con
uining a specific description of tlie rights sought
to be appropriated in such cases shall, as near ss
may be, set forth the regulations according to
hich the joint use of g&id bridge and approaches,
or other structure, shall be regulated; and in case
the reasonableness of the same or soy part thereof
shall be deuietl hy the defendant in said proceed
ings, the court shall hear and determine the said
issue, aud enter on record its finding snd order
thereon, confirming or altering said regulation ss
it may deem just snd reasonable, subject to excep
tions aud reversal fur error by the Court of Com
mon Plea on petitions tiled tor that purpose; snd
the order of the court fixing said regulations shall
be made before the jury are impanneled to assess
the amount of compensation for the right sought
to be appropriated, which compensation shall be a
sum evjuttl to the annual value of such use, to be
paid quarterly each year, in advance, while the
same shall continue.
Stc 3. This act shall take effect snd be in fores
from aud after its passsge.
RICHARD C. PARSONS,
Speaker the House of Representatives.
ROBERT C. KIRK.
Feb. 10, 1860.
[No. 22.] AN ACT
To amend an act entitled "An Act to authorize
the establishment of Poor
Houses," passed March 8, 1331, took
effect June 1, 1831.
Section 1. Be it enacted ly tht Genet
al Assembly of the State of Ohio, That
vectiuu four of the set entitled "All Act to author
ize the establishment of Poor Houses," passed
March 8, lt-31, be so smeuded ss to read al fol
lows: That the Board of Directors shall appoint a
Superintendent, who shall reside in somespartneut
of tlie Infirmary, or other building contiguous there
to aud shall receive such compeuaatiou for his servi
ces, perform such duties, sud give such security for
their faithful performance as tlie Board shall
judge proper; he shall be governed, iu sll re
spects, bv the rules aud regulations of the Board,
aud may be removed by them st pleasure, tint in
no case siian tne uirucior appoint one oi weir
oti number inch superintendent, nor shsll sny di
rector be eligible to bold soy other office, directly
or indirectly iu the Iulinmiry, or receive sny com
pensation whatever, as physician, either directly or
indirectly, wherein the sppointing power is vested
iu the Board of Directors by this act, or the sots
amendatory of this act; nor shall the Superintend-
ent thus appointed hold any other post in lb
Infirmary. The Superintenent mar require sll
persons received into the Iufirmsry, to perform
such reasonable snd moderate labor ss may bs
suited to their ages and bodily strength, the pro
ceeds of which shall be appropriated to the use of
the Institution, in such manner as the Board of
Directors may point out. The Superintendent shsll
receive into Uie Infirmary sny person who shsll
produce to him such an order or voucher a is
hereinafter required; sud he shall enter in a book
to be provided by bini Sud kept for that purpose,
the name aud age, ss near as may be, of every
person so recuivvd into the Infirmarv, together
w itii the day on which such person was received
UUU l.lsllll.-neii.
j;,c. 'pU;a original section four in the above
recitid scl be nnd lim same herel.v r.r-nlr,d.
fctc. 3. 'I'uu act aiiad take effect sud be il
t'!:'..t':1.:r,iii;.!a:'frir,!i..a.'i.
RICHARD C. PARSONS,
Speaker the House of Representatives.
RICHARD A. HARRISON.
President pro tem. of the Senate.
March 3, 1860.
[No. 23.] AN ACT
Limiting the Fee of CountT Treasurer!
iu certain cases.
Suction 1. Be it enacted ly the Gener
al Assembly of the Slate of Ohio, That
no County Treasurer shall be eulitled to any per
ventage, commission, or fee, on monies received
by him from the Treasurer of State, snytlung in
suy law to the contiwrv notwithstanding.
Sec. 9. This set shall ukecflect and fx In fores
from and alter iu passag. ..i .
RICHARD C. PARSONS,
Speaker the House of Representatives.
RICHARD A. HARRISON.
President pro tem. of the Senate.
President pro tem. of the Senate. March 3, 1860.
[Concluded on Fourth Page.]

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