DAILY EMPIRE.
The Under Dog in the Fight.
BY DAVID BARKER.
I know that ths world, tint the g it Fit big Wtrld,
From the paaant up to th. king,
Hh oUffrrwit til from the talc 1 trll,
Aod a different Kong to ting.
But For nd 1 (an Dot a simile fiir.
If th.. say I am wrong; or am right
I ahull alwaja gn for the iun dog ;
For th under dog In tiie figlit.
I know that tin world, that Uia great hig world,
Will nerer a moment atnp
To see which dog mT be in the fault,
Bat will ehoul fur the dog on top.
Hut for mb, I oerer -.hall pause to ak
Which dog may be in the right ;
For rojr heart will boat, while it bra la at all,
For the iikdib dog in the fight.
Perchance what I re sulci I had better not said,
Ur iwere better I Jiad sain it incog :
But with heart
ritr. heart and with glass filled chuck to
the brim.
Here's a health to the bottom dog.
THE SETTLER AND HIS SERVANT.
A TALE OF WESTERN VIRGINIA.
BY EMERSON BENNETT.
(CONTINUED.)
Hastily staggering to tho nearest tree, Mr.
Parker now aet hia back against it, and drew
hit riflV, fur tbo foremost and stood aa it
were al bay. I'ercoiving this, and knowing
too well the certainty of the white man s
aim and also feeling themselves secure of
the prise, and therefore not caring to throw
away a single life the Indians immediately
took shelter behind different trees and begun
to reload their pieces.
To remain where he was Mr. Parker saw
now would be oertain death In a few mo.
moots, wounded as he whs, and continually
growing weaker from loss of bbod, it was
vain to think of Sight ; and yet, with death
taring him in the face, and an almost mad
dening desire, for self preservation, equal
ly for bis family's sake as his own, ho lelt
that something ought to bo tried for his sal
vation, though ever so helpless the attempt
Looking quickly and searchingly about he
Deroeived about ten paoes distant nn im
mense thicket, and believing If he could
reach that his chances of life would be in
oreaaed as the savages could not mnke
their aim sure without actually entering
be gathered all his strength and norvo for,
the effort, and ran forward to the spot, full.
, . , . r ... , . . . t ,'. .
ing in the mjdat of tho bushes jus in time to
scape two balls of the enemy, which at the
same moment whizsed over his head. See-
ing him full and supposing their lust shots
hud nmrerl fatal the two anvn'e wlin
. E a If ' n Ja,v?s .W " "
fired, ottering yells of triumph, darted
out from behind the trees, and nourishing
their soalping knives, bounded forwarded to
the thicket) but ere they reuohed it, Mr
.kn h.j ...,.,( : ,,; ..
Parker, who hod succeeded in getting upon
bis knees, and bis rille to bear upon tlio lore
moat, pulled the trigger.
There was a flash, a crack rind a yell at
the same moment, springing some three feet
. ..f,k i ,f. ifr r in . j .
cloar Of the earth, the.lndian fell back dend,
at tba very feet ol his companion, who audi
denly Stopped, uttcrod a howl of diriinriy, and
seeming undetermined whether to advunco
or retreat
- Tnnfc Mnmantiirt liAfiltiifinn timtail f.ifnl
't , " J r; ,
to him sIho ; fnr tho negro who had lioen all
this time feigning, death, but was really un
tiarmed, now thinking tners might bn a poa
nihility of escape clutched one of his own
sties nervously, made two sudden bounds
forward, the distance being about ton fuel,
and before the astonished warrior had time
to put himself on fait guard, brought the
glittering blada down like lightning, cleav
ing the savage through skull and brain, and
laving him a ghastly and bleeding cornse
beside the other.
xmrieB,o uos, juu sioviu rcu uigger, enoui"
ed Tom with an expression of demoniac
fierceness, 'take dut are ! an don't siy nullin
more 'bout ehoctin down white gomuion.'
The words wero liurdly uttorod, when
crack Went the rille of the other two savages
one grating the loft cheek of the negro uujl
the other causing tho right ear to tingle.
Grout golly I' cried Torn, 'dar dut was
most near being tho finishing ob dis child,
but as you isn't got no more loads in you,
8 you old varmiuters,' he added shaking his
list in the direotion of the savages, 'spos'n
you doesn't shoot any more nforo usgemmon
does.'
Then seising the guns of the two shun wor
riors, runted into tho thicket, whore Mr.
Parker lay concealed, exclaiming
'Man Jonas, hope you isn't dead yot, but
two ob de Injuns are, and here I is wid dar
two guns, dut only wants sullin in cm to
blow de oder two to de dobil.'
'Ah Tom,' groaned Mr. Parker, as ho luy
on the ground making every effort to raise
his rifle which his failing powers would p.r,
mit 'Thank God you have escaped. I leap
ed that you had been killed at the iirst lira.'
. 'Not'iactly dat time, Mars Jonas; but dis
nigger was dreadfully skeered, date de trufe,
and seein you drap tottght 7'd just make 'em
believe Pi dead too, and would never know
nuffin more during dis life, liut when I
seed you get away and shoot dat rascal dar,
and de oder etopso'stonished to look at him
1 ooncluded Pd quit playing do poenuin, and
git up an do sullin, an 1 did it dittn trufe.
'An Mars Jonas,' he pursued bonding down
by bis side and speaking in a very sympa
thetic tone, 'You is hurt bad very bad I
know you is and l's berry sorry ; but you
know I said dar wai Injun eyes in the bunli
e.'
-'Tou did, Tom, and had I then hurried
immediately homeward it iB possiblo I might
bave escaped though it is equally probable
that the Indians were nn the wutch to take
us at advantage, in which case the result
might bave been no better than it ia Ob I
that I was at home with my fumily I for thoy
must bave beard the firing bore and be ter
ribly alarwed, or if not they may have been
' off their guard successfully attacked by an
other party, for it is more than likely that
these few have not ventured hero by them
selves. 'Ah I Uod forbid !' bo ejuouluted
the next moment fairly starting to his knoos,
'that they should hove been attacked and
' murdered first I Hut no, fur then 1 think
we should have heard thoir dries, and then
the savnges would hare wrapped the house
inflames. X mutt go home, lorn oh I murt
get home I but how? bowiH
'Why, Murs Jonas of you'll jr. let rifc
nigger tote you on bis back he'll fetch you
. there.'
'But what of the otlior Indime, Tom?
hava they died or no?' -
'Doesn't know but guoss dey am 1 ax.
ed one ot dem to stop as he did but guess
Ihe odors didn't want to.'
[CONCLUDED IN OUR NEXT.]
Adultery, Fatricide and Suicide.
Tbe Vioksburg True Kouthron, of the Cth
(net, has the following account of a droad
, ful tragedy in Mississippi :
"A gentleman from Washington county
baa informed us of one of the most shocking
affairs, including fatricide and suicide, that
overcome to our knowledge. It appears
that two brothers named William and l lioui-
as It u ford, have been residing near liogue
Phalia, in Washington county, for some
time past.' Tbe elder, William liuford, had
pretty wife, with whom the younger broth
er, Hubert, became madly infatuated. A
orimlnal intercourse had bean carried on be
tween the two fur some time, but growing
weary of tba restraint imposed by the pres
ence of the injured husband, the younger
determined to add to his crime the uamniug
one of fatricide. On Wednesday evening of
last week tbe outraged husband and brother
was murdered, and on the Sunday following
tbe murderer committed suicide by taking
atryohnine. The misguided wile of the
murdered man, with two children are left
the sols memorials of this chapter of horrors.
tgk.Honesty, says Jerrold, without harp
ness in Ibis world is like a sword without
edge or point very well for show, but of no
leal us to the Owner,
LAWS OF OHIO.
LAWS OF OHIO. Published by Authority.
[No. 69.] AN ACT
Sunnlaalantiiiv Ia an Mllthkit HAi Aal tn lk
Jurisdiction and Procedure before iuaiicaa of lha
Peace, end of the duties of Onatnblee In C it II
Coorta," pasaed March U, ISSX
Section I. Be It enaetad bv tha General Astern
bly of lha Hats of Ohio, That it the defendant la
any action before the Jostle f ahall appeal from any
judgment rendered in favor of the plaintifT in auch
artiun, ami after hating filed his transcript and esused
suck appeal lo I docketed) according to the previa,
iona of the aot to which Ihia ia eupnTemeatary, lha
plaintiff in such actios alisll tail to hie a petition, or
ulherwise lail to prneeeule tha ssma lo final iurig
menl, it ahall be lawful lot the dafendant In such ae
ttnn to filn hia anewer selling up whatever claim or
demand he may have szninst such plaintin, and may
firnaecutn the ssme to Anal judgment, in which cane
f the defendant ahall recover judgment againat Ihe
plaintiff, all costs which have accrued before the (ua
tiee, rnd In the appellate eourl, shsll be adjudged
againat auch plaintiff, or he may, on motion to the
court, sutler judgment to be entered againat him for
the amount of judgment below, in which oaae all
cos l a which have aocrueil before the jostloe aod In
the appellate aourl, ahall be adjudged against auch
defonuant.
See. X. This act shsll take effect trd bo in force
from and after its paaesge, and ita protisiona shall
lo all
WILLIAM B. WOODS,
Speaker the House of Representatives,
E. BASSETT LANGDON.
President pro tem of the Senate.
[No. 70.] AN ACT
To amantl Saotioa ft of an aet eatsed Msrch 7
IH3I , entitled "An Act Directing the mode of trial
in Ciiininnl Cases'
. bectinn I. Be II enacted by the General Assam,
bly of the Sute of Ohio, That sectloa twenly-two of
an act entitled "an act directing Ihe mode of trial in
criminal oases," be snd tho ssme is hereby amondad
so aa to read aa rullowat bee. Xi. In all proaacotiona
fur ciimca and offeooea, it ahall be Ihe duty ol the
clerk, upon a prascipe being hied therefur, to tsauo
writs of suppema lor any parson in this SlBte whose
tostimony may be deemed material oa the trial, and
may direct the ssme to the sheriff or onroner of the
county of which he ia clerk, or of any county of
this htato, where said witneaa may raaido or be
found whoBhall aervesnd roturn said wilt ss ia oth
ercssos, ot such officer, by writing endorsed on said
writ, may depute any disinterested person lo aerve
and return tha samo,
Sao. f . 'l int sectioa il of tho above recited aet
be and ihe aamo ia hereby repealed.
boo. 3. That this aet aball be ia force from snd
after ita
WILLIAM B. WOODS,
Speaker the House of
E. BASSETT
President tem of the Senate.
March 14, 1859.
[No. 71.] AN ACT
Supplementary to aa aot entitled "aa act to provide
lor Ilia creation and regulation of Incorporated
I Cnrntiniee in Hie Siato of Obio," pissed May lit,
.
J"1" !' .nw"' . l'",r1 Aaaymhly
of the Stale nl Ohio, That whenever any numl-ir of
I pcor,,,, nam,d ,' .,, .,. J( ,rl to
i which ihii act ii sopplamenlary, associate themselves
together for ih purios of ensuring ia tha impm...
I mon, of hones, "'. o.ttie, ehnep o sarin.,
I 'hey shall, an.lar their hamla and aeala, make a oer-
; tilicnte apacifring tha amount of capital atock naoea
just ,,.,, .mount of each ah.ro, tile nsme of tha
! placo wheia auch aasociatioo ahall bo located, lha
mm. and style bv which auch s.iochiiun ahall be
anown which aaldeerliScale shall ho acknowledged,
certified and forwarded to tlie.seeretsry of atate, re.
ct,rde(1 ,0 ,,, i( pro,jdeu ln ln,JMCuna ,',c.
t t,on id the said sol u -viiicb this act ia eupplemenu
oryj and the said cortiUcale ahall alao be reoonl.tl by
recorder f every county in which eaid company
'"'""t 'I"" .rfl,cl "". P""'i,,,"' f
thi act, in a hook lobe kept for aaid purpose, end
,vhon , L.corporated they are hereby auihor.sad lo
i carry out lha objects named in aaid cmitUcaie of In-
I
corporation, and bp lha name and styla provided in
cenillcate, ahall he deemed a body corporate,
with ascceasion) and Ihey and thair aaaociutes, bug
ceaaura and aaaigna, sbull have thu sania genarai
curporata powers na are provided in lha third aeclioo
curporate powers na are proviaea in ine Ibira aeclioo
of the act to which Ibis act is aupplementary, and aul
j01 realrictiona in said set not inooosistent
with the provisions of this acti
Seo. This act shall inks effect from and after its
WILLIAM B. WOODS,
of the House of
E.
President tem of the Senate.
March 14, 1859.
[No. 72.] AN ACT
Supplementary to an act entitled "an act to fncorpor
purate tho btate Hank of Ohio aod other Banking
Compuniea'passed February Zt, 1815.
Section I. Be it enneted by the General Aaaembly
of the Stato of Ohio, That whenever a receiver ahall
have been or ahall hereafter be appointed purauant
to the 41st section of the aot to which this is amend
story, a certificate by the clerk of the proper court
of the appointmaut of seek receiver eliall be suf
ficient authority to htm-to take possession of Ihe
books, property, rijlits, credits, and effects of aver
description of lha ladcponiieut banking eonipanv, in
respect of which he la auch receiver, and ahall be
full authority to Ihe aliunif of the county where
auch hanking company ia located, to give auch re
colter lull posacaalop of such books, property, rights,
credits, and effects with lho aid of the county il re
quired so to do, by such recoiver.
Sec. 1 Whunever Uie said reeeivor ahall hava
reason to believe that any auch banking company
haa isaued noteaof circulation in violation of the act
to which this aet ia an amendment, or Uiat auch
banking company Is entitled to any tighla, credits, or
electa, which bate been improperly taken by any offi
cer, employee, or stockholder thereof, or any ether
peraon, and which are in the hands of tha taker
or any other persoo or poisons, to whom the sums
may havo boon transferred, or Into whose handa
the ssme may havo otherwise come, it shall be
Ihe duty or such receiver to investigate fully
all the facta and circumstances touching such
trsnssctinn,aud lor that purpose he ia hereby author
ised, if he deem it necesssry and propgr lo do so,
to issue subposnas for aay persons found within the
country, where such subpoioaa shall be issued, com
manding tbetn to attood before him at a time and
place, la auch county, to be designated in the sub
pons, to testify, touching such manure aa may be od
quired ol them by the receiver, and each auhpo&ne
shall be aerved by the eheriff of such county, and
the receiver may also inssrt ia auch subpeenaa, a
olause requiring the prodactioa beloro him of such
books and papers as may be desigusted therein, and
he shall have the same power to enforce obedieuce
to such subpetnsB, snd to punish for disobedisnca there
to and fur refusing to testify in suoh case, that justices
of the peace are clothed with in all cases of sub
pesnas issued by them.
bee. 3. Such receiver may institute suit in Ills
own mms aa auch receiver, for all rights, credits and
effects, belonging to auch banking company, ia either
the court ot common pleas or anperior coOrt of
Franklin county and upon auch sun being Instituted,
he shsll file in suoO court s report of his doings, to
gelher wila the testimony takea up to that lime as
sncb receiver, and all Ihe testimony shsll stand la all
rcspeets aa the testimony takea by a master duly ap
pointed in such oast, and any party to the suit may
eicept to any part of auch report, and aak a aew r
ference, or take further testimony, and the court
shsll hsve lull power to proceed on tha eaae, aa it
may deem proper as ia other eases sfter refereaoe and
report oisiie by a master, t'rovidird, that nothing
bereia contained ahall he held to deprive any party
to auch auit ol trial by jury where such party irould
have been entitled lo a jury trial, ir the receiver had
filed no auch report,
boo. 4. Tine act shall take effect from and after
its
WILLIAM
Speaker of the House of
E. BASSETT LANGDON.
President pro tem of the Senate.
March 14, 1859.
[No. 73.] AN ACT
To authorise tho sale of surplus eopiea of the laws,
journals, snd executive documents.
Sectioa 1. Be it enacted by tho General Assem
bly of tha Stele of Ohio, That whenever, ia auy
county in tbia State, the Iswa, Journals snd eiseutivo
documents ordered by law to be distributed have so
cumulated, or ahall accumulate beyond the aember
required lur immediate diatribuliou, snd lor Ihe prob
sbla futuie wauta of such county, the eounly com
missiuners shall authorise the clerk of the oourl of
common pleas of said eounly to dispose of gratuitous
ly to all public librariaa within the county as may be
desired by them for library purposes, aud lo aell
auch surplus eopiea at public aaie, at such lime and
place and upon auch previous notice aa they may re
quire. The clerk shsll psy all moneys aiising from
such sales lute the county tressury, and all such
moneys ahall be considered a part of tba general
revenue nf the county. This aot shall lake etfuct
WILLIAM B.
the House of
President of the
March 14, 1859.
[No. 74.] AN ACT
Toamoad aectioa one of the act entitled "Aa act
to amend sectioa G6 of aa act entitled as aot lo
provide for the creation and regulation ot Incorporated
Companies b 'he Stale ol Ohio," passed
March 4, iM.
Section Ii Be It enacted by Ihe General Assents
bly ol the State of Ohio, That aeeUoa one of the
sol eutittsd "Aa act le amend eeetioa sisty-ais of
aa act enuilea 'an aes to provide lor Uie creation
and regulation of laeorporated oonipeaiea ia Ihe
btsto ol Ohio ' passed ftlsrch 4, IBM, be and the
ssme is hereby so amended aa le read aa lollowei Seo.
It That I ro m and after the psssege of this eel it shall
os lawmi lor any raligtaua aeel, uenoiuiosiion or as
sociation, fire company, or any literary, scientific or
bonetolenl assoeiation, other then eollegeei universi
ties, acadeiuiea or semioarios, aithia this Slate lo
eloclet a eMieiing ol s majority ef arvy organised
synod, presbytery eaarea parish ef other feligioue or
winisteiiki casocialioe, fire eontpeay. literary eaien
tiiis or benevolent ae-ecialtou aforesaid any number
ol their uieoibers aot lees than three to eeite ae
trvaioes or directors, ond one aaember as elerk. who
slisll bold Ibeir vlnva during the pleasure os the eo
clety ot leenniatien, provided that where by Ihe laws
or reguiallona ol any euen synoa, prrsut lery, cniirrn,
psrish of other astocistlnns alrrresaMi. now or nerear
tar organised, any members thereof less than three
hate elisrgo of the property or concerns thereof, sneh
members snd thsir successors shall bo invested with
the powers, privileges and Immunitiee granted lo
truiteea and directors, of religious snd olhor societies,
by the provisions of the sot entitled as ant to provide
for the creation and reenlallnn of incorporated com
pastes ia Ihe State of Ohio, passed Msy t, 1861, and
the sets amendatory thereof, upon their being re
corded by the recorder of the county in which auch
synod, presbytery, church, pariah or olher aaaociation
Bhall be located, a proper certificate of the eleetios
of sock members snd the corporate namo adopted by
such synod, presbytery, chu'eh, parlth, ur other as
socistion, to be made by their clerk, 'oeroisrynr
other like officer, which certiflcsle shall he recorded
by suoh roconler in the manner ptothletl In sec
tion staty-seten of Ihe set entitled "an set lo pro
vide for Ihe crnation and regulation of Incorporated
compaitiea ia the State of Ohio,' passed May 1, 1652.
beo, t. Thai the act entitled "an act to amend
aection eiilyif of 'an aot to provide for the creation
and regulation of tneorp'tratad companies in tSe
State ol Ohio,'" passed .March 4, IS58. be sud the
ssme la hereby repealed, provided that all righta,
powers snd immunities acquired thnreucder shall not
be sffaeted thereby, and that thia act shall take effect
from and after its
WILLIAM B.
the House of
E. BASSETT
President pro tem of the Senate.
March 14, 1859.
[No. 76.] AN ACT
To amend the second section of "sn act to provido
for ihe uniform government and better regulation
of Ihe Lunalio Aaylume of tha State, anil tho caro
of Idiots and the loaane."
Section I. Be It enacted by Ihe General Assembly
of the Slate of Uhio, That the erfeonri (-td) section
of "sn acl to provkie for lha uniform government and
better regulation of the lunalio aayluina of the State,
and the oare ofidtota and the tnssue," passed April 7,
I HAG, be so amended aa to read ae follows! Seo. t.
The follo.Tinrr counties shall enmnoso the northern
diatrlot, which shall bo attached to the coilhorn
lunalio aaylum, locateOj at Newbargh, to wit: WiK
Hams, Pulton, Seneca, Wood, Oltows, Samluaky,
Lucas, trie, Hnron, Lorain, Medina, Cuyahoga,
Summit, Lake, Geauga, Pertnge, Aihtabula, Truni
bull, Mahoning and Coloinhiana.
The following; counliee ahall oomnoie Ihe central
dialiint, and be attached to the central lunatic asylum,
located al Columbus, to wit. Stark, Wnyno, Fayotto,
niauienn, union, marionj tinruin. wyenuot. Uraw
lord, Monow, Delaware, Frnnklin, Pickaway, Ross,
Pike, Jackson, Vinton, lloeking, Fairfield, Lawrence,
Licking, Knox, Richland, Ashland, Holmes Coshoc-.
Ion, Muikluum, Perry, Morgan. Athena. Mnies.
Gnllio, Wsshinglon, Noble, tiuernecy, Tuscaiawue,
iwsrroiiiarriBoiii Jeiicrson, uolmont, Hancock and
Momoe.
The following counties shall oompose the sontliero I
district, and bo attached to lho aouthorn lunnlic
aa)lum, located at Onytoti, to wif; Scioto, Adams,
iiiu-ii, biaiuiuiii, v.iiiiii.ii, urean, i-mrit, ivsrren,
Montgomery, Miauii, Butler, Preble, Darko, Morccr,
m,i... a.t,l-i. in. t.. ii.-... u;i.i.n
, ...(, .hi. ,(U,W llIIIUIIU,
Chsmpaigo, Logan, Paulding, Putnam, Defiance snd '
llenry, i
If, al fany tlmo, either of said ssrlums cannot i
accommodate the patietita of the district lo which it
is attachod, aaid patienla may he transferred lo the
aaylum of either of Ihe olher districla which may at
ins iiuie Hate room lor ssiu pnnenis, sam tranalur to
be made with the consent of lho roidenl trustees of :
lho lao asylums. ;
See, t, Ssid original section two is hereby re
pelled .This set shall lake ellect and ba in Inreu ;
from and after the certificate required by the first ,
section of Ihe act entitled "an act to constitute the !
county of Hamilton a aoparate district lor lunalio ,
asylum purposes, and provided lor the erection and
government nl an aaylum therein," paaaed Match 10,
luo7, ahall hate been filed by the commiasionors of i
Hamilton with tho secretory of State.
WILLIAM B. WOODS,
Speaker of the House of Representatives,
E. BASSETT LANGDON.
President pro tem of the Senate.
March 14, 1859.
[No. 82.] AN ACT
To enable Asiocistions ef Persons, for tho improve j
meat of auy Mineral ur Medicinal Springs ia
Section 1. Ha it enacted by tit-; Guneral. Ai-Ohio,
to become ilodiea Corporate.
em bly ot tha State ol Ohio, i hat any number of
natural persons, not test than nve, li ny become e I
body corporals, wilh all the righis, privileges and
powers conferred, snd subject to all tho restrictions j
ol this act.
Hoc. 3. That soy number of persons sa sfore
said oisociatiug thouiielvos tognthsr lor ths pur.
poss of improving any of ths mioeral springa in the
Stats ol Ohio, and making ths sanies proper and
suitable plocs for the reception snd acouninodatioa
ol invalids and olher suitors, shall under their
bands and aaals make a certificate, which shall
specify at follows! First The name amumul by
auch company or association, aod by which it shall
bo known. Second Tbe number of mineral or
medicinal springs to bo improved as aforesaid, and
place where situated, Third The amount ot cap
ital stuck necessary, and the amount of each share
thereof. Such certificate aball be acknowledged
before e justice of ths peace, or other proper ollictr
and shall ba forwarded lo the Secretary of Stats,
who shall record aud carefully prsaerve the same iu
bis cities; and a sopy thereof duly certified by the
Secretary of Sute, under the gnat seal ot the Slate
ot Ohio, shall bo evidence ul such corporation or
company.
Seo. 3. That whan the foregoing provisions hava
bean complied with, the persous named as Corpo
ra tors io aaid certificate, are hereby authorized to
carry ioto effect the objects ueimd ia said certifi
cate, ia accordance wilh tbe provisions ot this set.
ana tuey ana llieir associates, successors sad at
sigus, by tha ssme snd style provided in shid cer
tificate, shall thereafter bo deemed a body corporate,
witb auouession, wilh power to sue sud bo sued,
plead and be impleaded, defend and be defended,
contract or be contracted with, acquire aod convey,
at pleasure, all such real sad personal eatata as may
bs uesearary sad convenient to otrry into elfect ths
objects ot the iucorporstiuo: to mako aod use a
summon aeal, and the same to alter at pleasure, aod
do all needful acts to carry into affect the objects
for bicb it was created; and snch company shall
poaisssall ths powers, and shall ba subject to all
lhs rules and restrictions of this set.
See. 4. Any company or aisociutioo, organised
for tha purposes sloresaid, ibai) have power to take
by purchase or othererwise, and hold auch real and
personal property aud estate, aa ruay be deemed nse.
sssary for soucesitully oommeocing and conducting
ths business ot tha association, and shall hare pow
er to lsaia, sell or convey, or mortgage the ssme, or
s pnrt thereof, in such manner snd fur such pur
pose ss may bs prescribed by tho rules and regula
tions ol the company, ami not ineouiistcnt with the
laws of this State. And said company shall also
hats power to deal ia tho transportation and
sale ol the mioeral waters yielded by their springs,
snd to manufacture gloss snd olher vessels lor
holdiog the ssme; to sogage ia quarrying stoue,
marble or slate; alining coal, ores snd other miiur-
als situated on thair leads, and muoufactoring the
same, lowaoieor in pan, aod to erect and provide
baiidiogt lor tbe accommodation of visitors snd oth
ers frequenting ssid spring ur spriugs, snd to de
msuil sud receive compentatioa from soid pertoa
or parsons.
Seo. 6. Ths sonusl meeting of ths stockholders
ol such companies shell ba held on tho first Tueiday
ol May ia each year, at which rqeel ing; the direc
tors ot tba eompaoy shall be elected, aud sueh other
lawful busineis done aa the stockholders shall de. in
neceaisry snd proper; sod should they tail to elect
directors at their auuual meeting, they shall hold a
special meeting at tome aubiequent time thereafter
for thelparposa, by giving thirty days notice thereof
ia soma newspaper ia georal circulation io such
euttntju The diructurs shall hold their ollieas until
their successors are chosen and qoalifisdj hot oo
person shsll bs a director after ceasing to be a
stockholder. Immediately sftor lha elections of di
rectors, they shsll elect one c! their nombtr preti.
tdent of the corporation, and may appoint such oth
er officers and agents ss they msy deem proper to
traoiact their business aod prescribe the ainouul ol
eorupensatioa to bo allowed them for their services;
aod snch officers sod agents, or eithet ol theui, when
required by the by laws, shall give bonds to the
satisfaotioa of tha directors or president, as tha by
taws may auect, lor Uie taithlul disobsrge of lha
tiuats committed to thaia; ball hate power aud ore
hereby authorised to mska suoh rules, regulations
aad by. laws, as may be neceasury for their regnla
lion, act incnuauiaut witu lbs soustitutiou ol this
stats. The directors shall hava lhs ganeral man
agement ot the affairs ol ths eompaoy, aod may die
pose of the residue ol the capital stuck al any time
remaining auaobseribsd, in sueh aisnoer ss the
stockholders lor the time being may prescribe, aud
shall employ tba sspital aud means of the eompaoy
at they ahall deem best for the company, in carry-
lug os ths business lo. Whiou It was organised,
and tbe aioctiog ol proper buildings, sud the im
provemsot of thsir grounds aod other proper pur
poses eonneoted with aud pertaining lo ths ssid bus
maas ot tha eompaoy, subject alwaya lu the control
ol tha atock holders; Ibey shall causa a record to be
kept of all slock subseribsd and IrsnsferreJ, and o
all business Irssiaeiioos, aud ttwir bosks and res.
ords shall at all roaionabla timus ba opea lo tha io.
spactioa of any and svety stockholder, they shall
alao, wbsa required, preseut to the stoekhoidera, re
ports ia writing, of the situation sod amount of bui.
osss ol the company, aud declare aad make such die
ideadt ot the profits from Ilia business or lho com.
psoy, aot reducing lha capital Hock while they
havo outataadiag liabilities, aa they shall deem as.
pedieat.
See. Ii. 1'ho persons named ia said certificate ot
Incorporalioa, or a msjority of thsm shall be com
misiiooars to open books for lhs sutwcriplios to Ilia
ospital stock ot ssid oompauy, at .inch times sad
place as they shall deem proper, sud tho said coia
psoy are authorised to eommsues operations upou
the sab-ariatios si lea per cant ol said stuck.
Bse. 7. sa iastsllmont ot tweuty dollars on ssck
there of slock shsll so -jaysuls al the lima of di li
king tha rjbteriptioa. and lhs residue thereof shall
bs pelt ia such luslsllraeoti sud at sncb lime sed
pisses, aud Is sueh person a. as may bs reqoiroi by
the directors of suck eompanyi
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See. 8. All sinekVmldeia of any inch association
or Joint stock corn pmi ahall be ilrrtj in, held
li.iMe to sn amort"' -41 to their itok tiihrrihrl In
addi'lon lo snid slnrk for the pnrpote of treitritig
tha oretlilori of aaid company.
See. 9. 'J'hli act shall lake ellect from nnrl after
WILLIAM B.
Speaker of the House of Representatives,
MARTIN WELKER.
MARTIN WELKER. President of the Senate.
March 16, 1859.
[No. 83.] AN ACT
Anivndttor? of tin twelfth perMion of lh act to
pro ride tor laying out unit enUtjJiihing Fre
larnj'lkn Roidt, pMftd Mnreh 12, ',Hb,
Section 1. ff ft fnacted hy thti (iniernl Attem
bly rj tk Sim of Ohio, That tha twlfth f-e-Uin
of tb net entitled "an t to provid fur laying
out snd fUb.lr.Mng frto turnpike road," pnaieil
March 12, ba and the iiith li herol)? io
amended ai to rend ai lollowi t fceyl.on 12. The
eomtniafllonnri of all Ire turn)ikn iliall ba al
lowed and paid for their icrvicei on dollar and
BftT oii W par day, aoh, while actually employed
In th nonary buifneii of ruch road) and when
any vacancy ihall happen ia such board, by Oenth,
rnigneiion. or other.?, the commUeloneri of
the county In which aurh raoanoy may oocnr, on
being notilled thereof, Khali fill tba iaui at olun
aa any Much vacanoy ihall occur.
Boo. 2. The twelfth lection of mid not li here
by repealed. Tliii aot ahall take effect and bo in
from and alter Hi
WILLIAM B. WOODS,
Speaker the House of Representatives,
MARTIN WELKER.
President of the Senate.
President of the Senate. March 18, 1859.
[No. 84.] AN ACT
To proride for ihe working of onfinishedTurnprk
Koadi by Suporvlsura of the Highway).
Bko. 1. H it fiaetW 6y the Gtntrat Atmb1y
of th &'tat o Ohio, That it ihall be lawful fur"
the upervisori of the several road district! with
in thia etale, to apply fluoh portion of labor, or
money, aa they may deem re a ion able and jutt,
upon any untinUhed turnpik road within their
rt-ipeotivo road diitricte, when the rain if need
by the public fr of toll; provided that th di
rect orn of any untlniihcd turnpiko road ihall ft rut
give their coiiaoot to the truittej of tbe tonnobip
in which Mich utiUnUhad turnpik road or roa-ia
la located.
Seo. 2. That upon any turnpiko road compary
giving their coniint to the truitteci of th town
hlp, in writing H shall b the duly .or the (raV
toei to lime tlitr ordor to the teveml iuprvbtorfi
through whoi diitrixll tuob t;tlniihcU turnpikes
roadie located,, for tbem to apply the work and
money aa provided in the firat taction of thii act.
Thii aot to be in force from Hi
WILLIAM B. WOODS,
WILLIAM B. WOODS, Speaker of the House of Representatives,
MARTIN WELKER.
President of the Senate.
President of the Senate. March 18, 1859.
[No. 85.] AN ACT
To prohibit th carrying or wearing of concealed
weapon..
Section 1. Bo it enacted by the General Altera
bly of th State of Ohio, That whoever limit oarry
a weapon or weapons oonoeiiied on or about hie
peraon, iucIi bk a pistol, bowie kuifn, dirk, or any
other dangerous weapon, shall be deemed guilty ui'
a misdemeanor, and on conviction fcr th lirst
offence shall be fined not exceeding two hundred
dollars, or imprisoned iu the county juil nut moro
than thirty days; and for the second o tie. ice, not
exoeoding live hundred dollars, or imprisoned in
tho county jail not more than three uionths,or
both, at the discretion of th court.
Seu. 2. If It eh All be proved to the jury, from
the testimony on the trial of any cae presented
under the first section of this act, that the accused
was, at tbeMira of carrying auy of tbo weapon or
weapons aforesaid, ngnged in th pursuit of any
ln wiul business, calling, or employment, and that
the eircumitancci in which ho was plaoud at th
time aforesaid, were suoh as to justity a prudent
man in carrying the weepon or weapons aloresnid
fr th defense of his person, property or family,
tbe jury shall acquit the noouned.
So. 8. .. Thia actio k tTct and be ia foree
WILLIAM B. WOODS,
Speaker the House of Representatives,
MARTIN
President of the Senate.
March 18, 1859.
[No. 87.] AN ACT
Amendatory to an aot, enti'.led "an act to provide
for the organisation of cities and
villoges, passed May 8, 1862.
Section 1. Be it n acted by tit General Assem
bly of the Slat of Ohio, That original section six
j ty thro of an aot entitled an act to provide for the
organisation of eitiea aud incorporated villages,
passed May 3, A. 1). 18&2,( be so amended aa to
read as follows t Sec. 63. The oily eouncil shall
have the care, supervision and ouulrol of all pub
I lio highways, bridges, streets, alloys, publio
squares and eommons within tie city, aud shall
oause the same to be kept open, and iu repair, and
free from nuisauces. Noauoot ur alley, which
shall horeafter be dodioatod to public ue by the
proprietor of ground In any city, tint 11 bo deemed
a publio street or alley, or to bo under the rare or
control of tbe city eouncil, uulet tbe dedication
shall be accepted, and confirmed by an ordinance
specially passed for such purposes they uhall have
ttie power to prescribe by ordinanco tbe width of
the tiros of all wagons, carta, drays, and other ve
hicles, used in th trunsportation cf persons or ar
ticles from on part of the oity to another, or ip,
the transportation of ooal, oodf stop, Iqrabof, op '
iron, into the city; to establutlf atajatflf JwbwU-ticy f
ooaohea, cabs, and omnibus, and to ou force the
observance and use thereof, ani to fly; the rates
aud prices for th tranfportailun of perrons and
property In such ooaohei-, cabs and omnibusses,
troin one part of th e ty to another.
Sec. 2. That original section sixty three of the
act to which this is amendatory be and th ssma
ia hereby repealed, and this act ahall take eflevt
and b in force from and after its passage,
WILLIAM B. WOODS,
Speaker of the House of Representatives,
MARTIN
President of the Senate.
President of the Senate. March 18, 1859.
[No. 88.] AN ACT
To provide for locating, sUUihing aud construe-
ting di loo eft, drains ana water courses,
Section 1. Uiteaactd by the Geo oral Assem
bly of the but of Ohio, That the county com
uissionera of any county shall have powr, at any
regular session, whenevor, in their opinion, the
sttuie in demanded by or will be cundutlvo to tb
publio health, convenience or weltar, to cause to
h established, located and constructed, as hertio
I aftur provided, any ditch, drain or water euurse
within such county.
tteo. 2. That before th county commisbioners
of any oouuty shall tuko auy steps toward loco.
ting or sUbiisbing any ditch, drain or water
ooarse, tiiei snail b hied aith th county auditor
a petition from one or more persous owning litnds
acljuoeutto tbe line of auch proponed ditch, drain
or water oourse, setting forth tb neveiuiiy of tb
same, witb a daaoription of its proposed starting
pjtut, rout and terminus, and sbull, ut lit earn
time, til a bond with jroud and aut1i;ieut huretiua
to the aucepta.no of tb county auditor condulun
; ed to pay all expeosei incurred, in cue tho com
: aussionvrs shall rotun to grant th prayer of tho
petition, and It shall be tb duty of th oouuty
auditor immediately thereafter to place a correct
copy of tb said petitiou in tho band, of iheco-n- 1
ty surveyor or a competent engihver, who kbail j
ancj, proceed to mak an accural survey of tb
rout ol suih proposed diuh, drain, or ,w(r
course, aud on theoompletioo thoreuf, ihail return
a plat or p'at aud prolile of th sum to mid oouu
, ty auditor, aud shall also sal forth iu hi return a
description of th proposod rttnte, its availability
and necessity, with a description of each saparute
tract of land through wbiuh the same is proposed
to be located, how it will be a fleeted tbeieby, and
iu situation and Ivl aa oomprd with that of
adjoining lands, together with such other faut aa
bs may deem material. It shall b theiluty of th
county auditor, immediately on said report being
filed, to cam notice in writing to be given to (tie
owner, or oue Kit tbe owners of each trut of laud
along tb rout of such proposed ditch, drain or
watur court, of Uie pendeusy and prayer of said
petition, and of tb liin of tb sessUn of the euo
I ty oommiskiontrs at which the sam will be heard,
which notic shall be rorved at least ten days pri
i or to laid session, and au aOidavit of aaid survic
iili with lb oouuty audi lor; and In case any aurh
owner ia not a resident of tb county, or should
any party or parties in interest die during the p n
' dxoy of said providing, aucb death sLeJl not work
an abatomant of such proceeding, but the cejunty
oommissionerrt on being aol.lkd there f, shall
make such order as they may deoia proper lor giv
ing notice to tbe person or persons succeeding to
th right of sucb dsouaavd party or panieo, and
notice of lho pendency and pi aver of said petition
nd the time of hearing the same shall bs given to
suoh owner oi persons, by publication for twucon
- secutiv weeks in Sum aewipaur publibed or of
genoral circulation la said oouuty.
Bee. ft Tba any parson or persons claiming
compensation for Unas appropriated fur th pur
i pose of oo ns tract lug any ditch, dioin or water
course under tb provisions of this act, tba 1 1 make
his, her or their application in writing lb areor to
th county eoumtacioncrs, on or betor tb third
day ol the session at whuh tb petition has beau
tit fur bearing, and on failure to make such p
1 plleatlon, shall b dcemei and held to have aoived
bis, her or their ilht to sueh compensaif-vn.
Seo. 4. That aaid eounty oummu. ionera, at the
'tension set fur tbe hearing of said petition, shull,
li tney una mo rcqmremnnu or tbe second sorttoa J
of thu aot t hav bn ooiuplieil witb, proceed to
hear and dateruiiu said petition; and if they j
deea it neooMsery ahall viw th preaiias, aud if 1
they Aod such diub, drain or water court to b
aeoessary, and thxt the earn is demanded by or j
will b oouduciv to lit pub lie baalth, onvnU 1
one or wslfstf, sud no appli'-atioa aball bave
bttfc mad for ermtc tat in as mot! .led In th
third se-tl .n of this aol, thy nhotl p'neeed to In
rate and etldih such illfrn, irain or, WFitrr
ronisnnthe route specified ia th plat and re
turn of said county surveyor or engineer. Ilia if
any appMrAtlon or appllcntlnn fjr cmipcnmficn
as aturcpaid, shill hav been made, further pm
oecdings by the county commisitonni shall be
adjourned till tholrncxt regular Mnnlon; and th
county auditor shall forthwith certify totlnrro
bajejudg of said county a copy or copies of rsid
application or applications, together with a de
scription or docrtptifins of the proprry sought to
Ii taken and pfropriated, as eontoinrd Iu the plat
or report of tbo county s'irvTor or engineers.
which shall b forthwith deokotad by raid probate
Judge, styling the applicant or applicants plaintiff
or plaintifTn, nni the county Cftnnuiioners dfeinU
ant; and such procoodlntri shall thcreunnn be bed
to aisesa aud dt'trnilne tne cmpn-Htti n of such
claimant or oai'nanis, as ar authurised and re
quirod by the aol entitled "an act to provide fur
cotiiperm.tl
miperiPHtii.tn to the ownors of prlrute properly
lproprialcd to the us of corporations, phoned
apji
April JtO, 1K52, and tin acta amendatory thereof
aud supplementary thereto, so far as the sain
may be applionble, and th compnsrti1on so found
and asripKPod in fsvor nf said olnimant or clnim-
ants shall b certified by tho probata Jtt-Ig to tbe
oounty auditor and pnidaut of th county tressu-
ry from tho general fund, or remain di'pnlrt
the ein for tiie use of such claimant or claimants;
and said county comralsclononi shall, at the next
rcgulnr sen ion after such onin enntioo shall havo
been assoMol and paid or deposited as atorepsid,
proceed to loojtto and eatab ish such ditch, drain
or water course as herein bo (ore provided.
Soo. 6. That said oounty comnilMioneri, when,
ver they chalt have established any such d'tuh,
drain or water oourse, shall tlhide the sum into
aii tub I sections, not 1cm iu number than the num
ber. of owners of land through whiott the mmi
may be locnted, and shall alto preier.be th time
within which th work upon snch sections shall be
completed.
Seo. 6. That the county auditor shall cause
not if to bo given of the time and place of lotting,
and of the kind and amount of work to be don
upon soli soctlons, and the time fixed by tlioo m
miasionora for its completion, by publication for
thirty days, in tome newspaper printed, or of
general circulation in said oounty, and aball let
the work upon aaid secthms re.ipootivelj to the
lowest bidder therefor; and the per on or persons
Mking such work at in, h lotting, aball. on th
completion thereof to the BriliffricLltur of the coun
ty cummiisiuners, bo paid for auch Werk out of tha
oounty trenau-twpon the order of tho county ao-li
ior; .roviuea, iut, u any pcran or persim lo
whom any portion of amd wurk sbAll b let mi
afore-aid, ehll fsil to perform stiUl work, the ame
shall bo re-let by the county auditor, in the man
ner hereinbefore pro-vtliTe.
heo. 7. J hntttie count an-iHor h-.ir Vceii a
full artd coiiiplete rooord U aW proccjdinga a-irt la
tach onse under thia act.
Soo. H, That the auditor and survov-.r and n.
glneuri shall b allowed such fees for srvicea un
der this act, as tb county commlFsioners shall, in
acn case dom reasonable and
How: and all nth.
or fees and costs accruing nuder this act ihnll b '
th sam as provided by law for like services in j
other caiea, and all costs, expenses, eosts of con.
fw and compensotion for property ap-
preprinted, which shall income and b ami and I
ttiseounl, treasury w t,'t tb. goner.l li on
Mtuer
' ,J ,? r S A II h. , n,.l"'n;"1!'"! fM'r"P-
eu.l.cJda.Prodoa, ,h. i,t .e..iu.'o, I
Bee. 9. That the oounty eommlaaleaer. shall
make an .a.lt.1.1. .pport.un.r.en, of th. ,s, .
pen..., oust of construction, fes. and company-
tian for proporly nppropnalnl, whlolirha nooruo.
.U..n .nrl er,str.,Ctln of nf Zll . Z "',,, '. I
water oourso, in proportion to the o
of ihom tlirouirh. alone the luia tir I
..r .1..... l.fl . '
irntnlml mMi.il.ielv! Slid ll:A onma l... II 1.. M . J
upon tbe lands of the ovtmn so lianefilliiij, iu .;tj,l
proportions, and coileotod in the same luanusr'
that other taxes nra levied and collected lor can
ty purposa. .. . ' . "
Boo. 10, The aot entitled "r.n ant authorlsiuJi
the trunteos of townsliips to iafttiit.liah wntcr oour
aesaud locate ..(libjhx In oertain cuea, po((
uiit itivv, .n - me ens aineudAburr tlioretov.
A...B' 11 ItiLT atn.l St.. ...I I - . . .
. z,'J""zr"r"'ra,
s .uiuei r t, o...i, uuiui .Hill. BUU UUL. fife ifim.
uy roponica; provided, mat no prortwdings hud or
commenced under any law rcpoalod bs this aot
shnll he affected by such repeal. '
R.n. li 'i lit. .m to mk. -ir.i t i ..... 1
1
i
uiicn, iirnm .x
to .ark
In ths virtnity
I andean.
i
WILLIAM B.
Speaker the House of
MARTIN WELKER.
President of the Senate.
March 24, 1859.
[No. 91.] AN ACT
To amend an act "To authorise tho lncorporutiou
oi juuiuni insuruuoa companies," passed April
It, 1867.
Section 1. lie it enacted by tb. General A un
til v of lho State of Ohio, Thnl tbs4tli eectiouof
an aot "to aiitboriso tb. incorporation of mutual
insurance oompunies," passed April 14, 18S7, Lo
so amended as lo read as follows! That every
person who nifty desire to kecouio a member of
.uch company by enacting an inaurano therein,
shall make application in eritlns;, namiiif- tbe
property aouifht to bs insured .' and before recolv.
g a policy ol insurance lor Uio same. sbnll mske
and deliver a piomlasory note, . tmvitLle, Bi'.j.r,
oomp.tny m ucn autn m raa ooa.fl ot dirtctdrs
el. all do.cruiine, suhieet to such ami'-mctit uh ii,r'
sumij,,iQ. pay uas,'s if rwMd br'"'''t .'
and shall elxo pay sucb an tunonnt in usorTey not
exceeding lllteen per cent., as shall brdstonnimd
by said board, to pay the incidental expenses cf
suob aompuny, end U put such company iu lunds
as required by tbe 14th section of said act ; and to
keep up tbe same aa it may he diawn out to pay
losses and axines; and at tbe expiration of the
li in-i nl' In.iar-ti- tl. anl.l .m. n. .l. ..... .r
the same as aball remain unpaid alter deducting
..-a i i
an -onroj bdu x pea tan aooruinK uunnr Mia term,
shall be reused and 6ivtn up to tbe maker there-
0f
Hco, 3. That the 4th section of siJJrecitwlwl
be and the same is hereby repealed. -
8. 3. Thia aot to Ink .fftoi and be In fofca
from and after
,
I
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S. W. GILSON.
Speaker of the House of Representatives,
MARTIN WELKER.
President of the Senate.
March 25, 1859.
March 25, 1859. [No. 92.] AN ACT
Providing for anolnaing railroada by fence and
oattl guards.
Bactlon I. B 11 enacted by the General Assam
bly ol the titat of Ohio, Thatevury railroad rutn
pauy or other parly having tb control or uanag.
uieiit of a railroad, th whol or or a part ut wiioh
hull be located within this atate, thai!, and is
hereby leuired, within two years aiU-r the paj.
su're of tins act, or within two years after com.
monviog to run tar thereon for the transportation
ot paan;ors or lieight, to cjntiuut and laaitita.a
goud aiitt sutucu'Ut lenroa n notn siaes ut such
road, or suuh part thereof as sball be in lunniu
crdcr and looated within this state, and olso to
muae aud maintain a sufficient number of suitabl
ortisilugs for tb accommodation ol tb public, and
of person living near tb line ot tath railroad to
gether with thu neoveiary cattle guards to preveut
cattle aud other animal from etiduugoring them-
elves and the live f par senders by getting npun
unch railroad, and such company sball he liai.l
tor all dainug which may reruli to horses, cstile
or otuer uomeatic animau ny reason of tbe want
or insuftivicuoy of sm h ltnc-w, road crossings or j
catu tusM", or oy auy cafe.eaeiiei-a or neitli-
gattoe of sueh company, party, or i:ent or aiieutj
thereolj and no pcivon aball tide, lead or drive any
norse, cow or ome.' uomeeiio animal into smn in
closure and upon ruh railroad track, without tbe
eon tout of suoh company or 1 arty, under peualty
of a tine not exoeeUiug ten dollara ft r veiy aucb
ofieucw, to be raooveied by suoh oorpoation or
party in as action bofor a justic of tha peso of
tb proper towusbip, aud ta liability of ail such
damaKu ahioh may b therchy ocoaaioned : i'ro
vidad that whenever aueh railroad aball paa
through or along tb boundary of aay inclosed
field or fields, ihe proprietor or proprietors of such
inoload field or fluids ia hereby required to con
struct oue-balt the lenoe neM-ary to partition
aucb inoiosd lands from the railroad, and tbe con
struction of the sam may b in forced in the same
manner as ar tb par It I urn faucp batweaa two or
inor individual boundaries: PrCvidvd further,
that any parson or persons dMiring a privat
crossing tr ervsAings aud eattle guaida aa outam
plated by this act, ahalt b rvt-poLiibte fur ona
oalf th a.pu of constructing aud maiutaiinug
the am.
boo. 2. That whenever any railroad company
or other party hiving the control and initiate
nn nl of a railroad sball have erreted aurh f.-u.- or
feact-v as are requited by the first fertit.n uf this
act, and any laud adjacant thcu-to, the owners t
whuh bave reiv4 a ooinpcmtai itm for the ribt
of way through th same, are or shall le inclosid
so that such railMwd fences ahall form, ia whole
or in part, th intlosur to sucb lauds, tb person
or pcious owutng th sam shall pay to suih rail
road company oa-aalt ol tn et and expon
incurred Ly lb construction of so much thereof as
aarves as a partition feno, or one half tb value j
of sueh feno at tb um su.k lnuloaur may b j
made, as tbe ease may be, and whaaevrany such
itods shtil hav ba ladoaeU by tb owner or !
occupier thereof in sucb maunertbat the inclosing
teuoo, in wbule or in part, may ba mad U answer
the purpose of inclosing such railroad, tha railroad
eompaoy or othar party having th control and
wauaKtoobt ot tb road, may juin its feneva tber
lo upou paying to auoh uwimt ur ooupiar oae-batf
tb oost or n nail in ean valu of ao much ef
such fcoc aa srra to in 'lo- th railroad, and
in all eaao where either the railroad company or
olhor priy having th aontrol and manaxamcat
of a railroa-d, or th owner or oavupyer of lead
adj. nutng, shall rfv to pa, m ruird by tb
.
i nrvllo-i i1 i -a( I. .ft. nnA.t.iiwva M Atnni
I half it rmb rtil't nf n ninrh fent as shell have
been bn'.H Hy ihitMhrr, nnrl rrri th double
pufp-M'tf h,clo.;rs; tli't rrtilfoad tntl the adj. lin
ing ian I.". the imm. m? rnovered befrw any
court of n inpniiri jurLdlfiitttn In a civil acttnn,
Pert. 3. Thii when su h fanos are duly wne,
they t hull he kept In rci nir in all rsf-pec's an pnr
tltlon ffn(ef ar now by law required tu be kept In
repair.
Vo. 4. Kntfctng eontaintd In this ant shall be
held (o affact In any manner any conlract or igre.
man', between any r;.llro.id cfiir.p?i.r rtVrr pir
ty hiving the control and manag-imetit nf a rail
road, and the proprietors or occupy nf lands
adjoining for the 'onttrnoMf.n and muhilonance
j of foncet, .settle gnnrdti and rsilrnad crnarings.
fico. H Tli'it if anv rai t' tui minimi) v. or other
party havinij ihs control arid mansgniretit of a
rullrtiftd, shall nfglcct or r.f to nonstmct such
fence', cattl- guanlf or rrwiiiRS, or to keep the
same In repair, as prescribed In the foregoing pnrt
of this act, (after thirty day' previous notice or
rctpir-t to do the ninn.( made in Writing by any
poreon,) such railrond roinpnny chiill forfeit anil
pay for each and avary dny th.i i company or
other pnrfy ihill refuse or neglect to Oompiy with
tba (oreidofnp; prnvlsioni oi tin act, any sum tint
lOfoding fifty dclliirs ptr d:iv, to be reenverer' In
J ft civil notion iu th name of th btnteof Onto for
j ih use ! the count v In whiMi fuit is broneht.
Fee. 8. This ab t aball take ollrct frtitn and af
ter lis
March 25, 1859. [No. 92.] AN ACT S. W. GILSON.
the House of
MARTIN WELKER.
President of the Senate.
President of the Senate. March 25, 1859.
[No. 94.] AN ACT
To rflponl an act entitled 'nn act further defining
the duties of Couu'r Treasurer." nn-med Anril
8, 18'iC, and tbo act amendatory thereto, i nsed
April 10, 1857.
Seotlon 1 . fie It enaoted by the Uonernl Assem
bly of the Stat of Ohio, That th act entitled an
"act further defining the dutios or County Tresfii
rets," poaed April H, 186f), and th aet entitled
"en act to amend tbe ant further defi ling tbe du
ties of county trcnsiircrs. pnMed Anril 8. H6i."
passed April 10, 1H57, bound the same are hereby
repeated, l'roridod that the county treiieurors
who 4-halt Iiavo retained funds in their hands fur
disbursement under lho provisions of tho nets here
by repoal'-d, shall sett Is? and account wrth the-rW
oral lHianlr of township ' t --tcr!f, and , c ducatfer
and council of mnuioipnl corpera'ion- fj Which
xaiti fumit way balontr, and upon snch soitJemnN
ihnll pay over to the proper l'-cl trenxurers Any
balances rein! ting ln tb'ihaud of iu, h yumty
treftHui-flra, s ' ' .-
Soc, 2. O'llrn act. shall Ink pfiVrl, and be iu
fbro aWJta
WILLIAM B. WOODS,
Speaker the House of Representatives,
MARTIN WELKER.
President of the
March 26, 1859.
[No. 95.] AN ACT
Supplementary to an H entitled "an fcet defining
ihw duties of Juntiuea of the Feftc and Coaitu-atruotton.
blei inoriminnl oases," passed MnrchXT, 1.7.
RnHion t. It. it I. th. , ,i a......
7 0 BU" V 0h,V 'V '0 VJ"""""
.;,., , -ppoarane. of ih. Utf.nd.nt, ami M,.ti
? A Zf !
.L". ' !AJ ' .?m " .?"m""11
Z XV. .1 I . Z Z
J,, brolh, Jal,, 0d iu lho Lur.. It Vom.
m. i.-.u-.- n. ' . "
V'" f '"" . ". h paulshmenl
K,.r,or is lees than Imprisonment In the peniten
)e.Ki,t tiary. . .
gMi j Tns ,f, ,1,) be In furop IVoui ans nf
Mte. Ut it, - ,..j,..
WILLIAM B. WOODS,
Speaker of the House of Representatives,
MARTIN WELKER.
President of the Senate.
President of the Senate. March 25, 1859.
President of the Senate. March 25, 1859. [No. 97.] AN ACT
I' or the further orpnniiotion and dt'clplino nf th
muuia nca vouinieor mintiu.
" J , ., . . j ',. """"
llv h . , a "ti0 orBftn,f0 auJ
discipline Ihe militia and volunteer militia," pus-
sod Murch 28. 107, pruvldiua for tho enrollment
n-.:tn.ottdhvihn,-r.i a..,.
. . " ' . ------ - - "
by tovfiiohip luHriossurs of those suhicit to do mill
tary duty, and payment tbercior, be and thu same
is hereby repealed.
feea , 'i'bat betlJe the b'ank forms now re
iiuired of the adjutant general, tbure shall b is-
sud from time to time, uoder the authority of tb
ooaimaiiaer-io ooiei, sued guncrul regulations
conoerninor tbe orirantsation and ffovurnmunt of
the militia, ae will better promote the dUcipline
ana oruer toorooi, ana su; piy sm-n pr.iotiutl de
tails ua are netded to umbo that orianirution aya
teinatio aud complete.
Bsc. 3, That tbo ebmmai.dt.r-in chiol may. il
he shall doom the samo advisable, order a camp of
instruction to no aula once a year, lor tour days,
il urine the period of legal Drttuipmnts, t whirh
titoa lho offioora of th volunteer militia shall b
drilled in tb school of th soldier and Uie details
of thair command.
be. 4 . That lb proceeds of saka of FtJic
arms EDdluipnioutA lrvtrtr-re.Ttti1; aball b
appiivu io hib a iwi :im naa rcpitu mi nt:n roncrri
e.i nxtuk fir j,e. of i-l j fitfT!, X-'i, jv( (0; tlir.ratiMO
rnvT icpriir; and'! tot-ro be .ui, bntain-t. thi nno
- t a IV lioappltod to the purvbeiu ot cuip ri.n
propbrtTntd to tho, nuiUr of arms iu uio tiy the
stouu - "" :
iito. &, That tillarmsin pusacxBton of Volunteer
companies ahall be kept in armorias, ojid vbnll not
b taken thcroirom exebpt fur military purposes,
Seo. 0. That in all casus trhore no election
have been held for general of division orbrifiad.
or vacancies shall hereafter aria, through failure
to lot, in counties forming sucb dtvismn or bri
aJ" "-l ha lth.d W olbw divUona
ttr hTimlam. hv rtlrP nf uits MmmAnHar-in .chiitf.
,"i T V 7z- i. u . : , 7 1
untl1 11,5 divtfcona shall b ao reduced and dtflnad
as to correspond with tbe nine constitutional joiil-
oi"dU thftt
if tbe jnditl aubdistriets IrovhU4, that no
V"' ""'Ptw Vl J"Blbr
of B"-ada in Hamilton rounty, oraffyit the
command of ofliceri Who hav been already m
OiTaalorta
fro. 7. That tb adjutant general sbalL k
th reoords, volumes and papers of that deprut
muit in an office at tho state house, which he .ball
hold in common with the quarter-master general,
and ba aball be allowed for tb clerical hobor of
thatofiice, the sum of four hundred dollars au Du
ally, to be paid semiannually, aa tho aulaiy tf
iu adjutant goarai u now paid, lie shall make
annual report of all matter coming within hi d
partuei.t, wbi. h report kbail be submitted to tbe
governor before n-b mectiug of the g-nornl asam
bly; ho shall alao, so tar aa practicable, iufpoet,
aud in th absence of the oommunder in-cbief.
review at brigade eampmonta, mak report
throf, and keep aoonrat acoount of th aotml
expense therein incurred, which shall b paid
frum ccntingent fund appropriated to bis
of&co, but without further compensation for suoh
sorvic.
Bto. 8. Th commander In chief ihall caus
two thousaod eopiea of the aetf concerning public
arms and tb organiaiitiou of tb militia, with an
index thereto, and all nedd forma and blauka,
to bo priuted in pamphlet form and distributed,
under tho direotion of th adjutant general, ol
whtvh number on-tourth ahull be bouud with sub
ftar.tiut cover, fr cxchanK with other stutw. aud
lur th uie ol gencm! olii.ers and oommnnlant4 ol
re,Kiu.r. a i a, battaltioi.a ai.d oumpaiiio-t, and there-
n'"' three-fourth sball U bound with paper
Sec ft.
This
act aLail , take ftfTeot and
be in
Wv V UIM
of the of
MARTIN
of the Senate.
March 26, 1859.
Secretary of State's Office,
Columbus, O.
1 hereby oenify that the foregoing aots are true
0'pies oi tb original rolls on hie in tbia Qiee.
A. P. KIS.KLL, SeereUry of Stat.
CCCH NR, B.BAENMNOKK
K CD II Ii H & CO.,
Xnufcturra and Dealer in
WINES.&J1TQUOKS,
o, aj (fvcinioiiu sTiti:i.r.
CUTCISKATIs 0.
ontlS-ly
a. jKKKracia, J. ai'TTxari.Lo,
tt rtias.
. Jouuingi, ButtcificlJ & Clark,
WIIOLESALEGIWCEllS
Jl.SU
O omiaUsion Merchants
231, MAIM BTRET,
CINCINNATI, O.
IVtiiifrd, I ttiiiK'tltalrl) 1
f;(K)l) MAN mn flnfl aton.lv cinplcij.
iiirnt at Wul.K k .t i'KH'ti ruiorr.
uitilo (:pnr lljdrMijllo,
TOR BaLS CHEAP.
KINK I'AMII.V HOJtSK Inquire of
t hlO J. . W I I't'HH J, Hllil.
IHIK Knitoil Mtatea IVmoeralio Almunau
lust reolv.(t anil Inr ..Is bv
s.I.m IJ. arul f. I SHI'IX .
Cincinnati Advertisements.
Seeds! Seeds!
S. W. IIASELTINE k CO.,
NO. Itl W A I. X IJ T ST It E r.T,
One Tour tioloir Oihaen Home. .
Tl'ST HKCKIVRU, AND NOW OI'1'KH
v to imrcha.prs, a enmpletp aaanrtment of
F1KLD, GARPKN AND FLOWER
SIMIDS.
From tiie eplrtiratcl hnnsfs of Moasra. fi, J.S.V.
IIHK I II Sl)s, rhllailelphla, and J. M.TIKiH
BunN at ()., Nfw iir. All warranted (ermine
Fr..h H-eila, al Kn.tern Calalnsne prlree.
I - Hemr-mlier the plaec No. m Walnut afreet,
luuinnrttl, Oli lo. feb-rS-.trnrl
JOS. P. MlYKIt, HIW, W; MYRRS.
No. 40 Main St, 3rl floor below 2d.
CIIMCiNMATI.
mhll-8mlaw
18S9 rorULAUTUADE IS.'iJ)
lit
Hibbons & Millinery Goods
UIUI(0S KIBIiONSI KIBBOAS!
TO MERCHANTS. MILLINERS, .T0finr?Tl3,
1H.AI.KR8 IN RlllilONS. MILI.IN'R.
HT UDODM AND CASH ILL'YKiifJ IN ALL
SKOriONS OK THR COUNTRY.
TI1RCA.HII RlfjnoN IIOI'RK,
llllCHAMBnitS 6TKKKT.NEW V.
JNO. KA 1111 ELL.
, . . FSTABT.HHP.n IN HM,
Vch-ivr orlKlnatoil a new jirlnrlp.e anewrraln
the kiiilion 'I'rtv.le, wlifroliy we mike this ha.lne.a
l'l.r?l, SIMt'i.K An STAI'l.ir AS- THT OT 9HOVS
.HirErinus. ;
s. Wo UJVr Ci"'i! '0 Buy for Culii ...
re rtrtli-fl.. ivItltej-r.AY-ir prni-rr. An. I rii
l i'riui, Hw fill our K'ni.1. "niirkJ In Plain
Ki'ii ML-sothnt n)A,woinau Ami ehllil "buy allke.',
anil reoeive the SAme value for tnelr monej'.
Our Prices for tho best TallMa millions, All ool-
nrs, an
No. I nets per piece,
No. 4 Unvote per plrce.
" e s:,' " "
11 S K7i '
yti'i 1
" " UI0T'" "
Nn. IS Sf.4T ner nlrne.
WB OFFFR FANCY KiHHUNN, "ALL
STYLES." "ALL COLORS," "ALL
O.UAL1TIIS," AT TRICKS DR.
KY1N COMPETITION!
AND FOR CASH
ONLY I
OurrahfiibllBl..rtrnt Is the centra of atlraetlon fnr
BinilONS. "Hulcx Sales," "Light Prnllts," anil
'UooJ Value," for t'asli.
KOUCUDSI RntJCIlKSM
New Styles ami PAtterns. at a savins; of
.10 PK.t CKNT ifhOM CKKDtT PRICKS.
Kxamltie our smj'le, anil be ennvlucnl.
HLONDri, LAC1.-J, li iLTIN 03, 1 C. 40
Our linenf these Gooi'a always full. W. fmpnrt
anil "Jon" Ihein fnr b prr oeut rKlvAne.. slaraeu
pricr. on nil Goods "In Pliiln Fl-mres."
A BAYINO OF 40 PER CUNT ON THREE
OOODS FROM CREDIT PRICES.
TifftlnTrnllon is tnnmkottie million Trades sta-
rle tn re-jArd trr nrioc. ao Uomestie goods. To do
tils, we must sell
ON K MILL10.N DOLLARS WORTH OFOOODS
PER ANNUM!
WeArr-TTnlnn Mnn. "No North," "no South."
Wo sii' tlio nitrrniA'.'e of MrVriAntA, In vpry
(.,-ti...i ! I i.' lnlt.-.l i , jt. nn.) itr. the serMAtifs pf
Ail wit i . - ...ItljjVii' JrAdt? AJi'V liAti.oaftjre.
j J. '. -, .. ' - . ,
t-.S.t lliltilliN HDUBK,".' .. "
" Us t.Hiinberstreot, Nt'iv Yoi k,
rf ' nrAr the Hudsoa Htyir Knlimad flc-pot.
-tt, it. waues. Jnnlo-dAwSui
FORSMAN'S
Portable grinding & bo!ling
FLOTJR . MILLS.
HAVING MADE AN AUHANGEMENT
with the I'atfutoe. wnare aovirepurviltonir
nlah to order theahove Mflie, nf any ilze.burraand
bolte. Tbo Mill U atmiile tn ita conntructlon, h-.v-liiK
very little luachiuery occnpylnff tut little
tiaee.nnd warranted to do more work with the iame
amoutof uowr,and nutke aa a;ood aiualltv of Hour,
ai any Will now manuiactured. Prnprirtorgof sw
Milli, eopetiiAlly thme thttt me etuaui, would tind it
to Hn?tr advantage to purchnie one of theee MUli,
lor the purKiee of doing euatom. (frtDdtnar either
heat, cmrn or other Rraln. The Mill will bo anld
Vritb or without the bolt. The prlnutpleof the Mill
i erj unity Mii)Uuililt to the eonvtmctlon ot lr
Mt-rehAiit MtUs. a itU )efvuna tlout to build. ivouUt
do well to cntl and evmnin. '
We will nlao loniieh with Ihe AfllT. Tifflfth
srWel;.: .' ne nnri Janpjttr, aht M;u huiea, Wiicat
Cwiwru, 4 wrl8jtH ktr, -tuL. ,'safc".'
grdrij. ctmil auhjltiT- I "
: - VKArtlv C?.Kr.G IXi.,
Bttckeye Foundry, eor. ad awtl Wyauout 8t
mhll
NOTIONS, HATS-D CAPS.
J. COFFMAN .& CO.,
Import ore ami Wholeeale Dealer a In
Foreign and Domestic
notions. ;
HATS AND CAPS,
Qlovns, Hosiery, riro Wotks,, TonCIf
. - ' Caudlos. Toys, -.v
rOCKET (.'CTI.ERY, Ao , 4e ,
HO. 321 THIRD STRBBT.
North Sid., Oppotlts ths Town Clock,
Bet worn Knelsly, Mc'lutlre Ji Co. 'a and Main street1
DAYTON, OHIO. .
JACOB COFFMAH. C. V. O8B0RH .
nitilT-tlAwam
JOTIi COHAN,
CARRIAGE
Manufacturer,
AT DIS OLD STAND,
Ou Stb at., between JeOeraon gt Canal,
KKKI-S CONSTANTLY ON HIND
Carriitgeti, Duties, Sulkit k, icq &c,
or Iliu I.-t. it styl. n,l Best QuAllty. OUCarrla
Kis tHki'ii in rAu'nnii(e ior iicw, anil a Utierai iirioe
All.iwr.1. ALU Willi WAllKAMLU. ,
Jiajr- r.r.l'AIUIXU Done on Hhort Notice!
A riM Lot or
Sl'IUNG "WAGONS
Oa Hand, at KEDUCED PRICES 1
mh2JMaw8w
DAEST & HERCHELUODEr
WLoieaala iieaiere Ln
FOREIGN AND DOMESTIC
JDru & odSy
NOTIONS, TRIM MINGS A FANCY GOODS
' HO. 36 37 XKW BECKIL B01I.OIKU,
Third Sl Duylost.o.
N. li. DaSAT, C. IISKCHHI.KODB,
Lai. Arm of Horrlne late tfrm of Hcrchelrcta
aiiJ iir.l. attvi buu.uus.
J. I.L Watt era 8c Ero.,
07" Xtf uirinjc don
Mnnf.oiory on I htnt etratt. ad
ery nuuii,
Country Com p.
i"i aTVt'R f.ha'ii.lrid tiouni. tuW I - U
t H l ; ,
111 AL .1 I ,
nl "ft i V F''WWvfif'r w7rr?wf;,-o
S- I 1 Vv iTriirirTt"!! -r A laucJti
I25 Xl :
T..)lfTt.T I Jt