OCR Interpretation

Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, April 10, 1852, Image 2

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Regulating appeal to the District Court
, 1. lit it tnmttd If tht Gntrmi As
mmbly of iht Stat Ohio, That appeal
may b take from all final judgement in
aril cases at law, decrees chancery, and in
terlocutory decrees dissolving injunctions ren
dered by the the court of Common Pleas, the
Superior and Commercial courts of Cincinnati,
asd the Superior Court of Cleveland, in
which said courts hare original jurisdiction
by any party against whom such judgement
or decree snail be rendered, or who may be
affected thereby, to the district court ; and the
saws so appealed shall be again tried, heard
- Md decided, m the district court, in the same
Banner as though the said district court bad
original jurisdiction of the cause.
- - eec. 3. ' The parly deairous nf appealing
bis cause to the dittrict court, shall, at the term
of the court in which the judgment or decree
was rendered, enter on the records of the
eourt, notice of such in ten lion, and shall, with'
in thirty days after the rising of such court,
give bond, with one or more sufficient sureties,
to be approved by the clerk of the court, or
suit iudffo thereof, in the penalty and hliw the
eundilioa hereinafter provided. ' -
' See. 3. In all cases in which the judgment
or decree is personal against any parly for the
payment of money only, the penalty of the
appeal bond shall be double the amount of
- soon judgment or decree; m all other cases,
; including eases in which the judgment or de
' ere is against any party tar nominal damages
and eoeta, or for costs only, the court shall,
st the time of the rendition of the judgment
or decree, ascertain and fit the penalty of
the appeal bond, to be given hi the event of
an appeal, at sued reasonable amount as snaii,
in tbe pinion of the court, be sufficient to
cover mv probable loss, damage or injury,
which the other party or parties may sustain
by the delay,and thecosts and damages which
say be awarded in the appellate eourt; each
appeal bond shall be payable to the adverse
Party, or otherwise, as mar be directed by
the court, where the conflicting interests of
the parties require it; and shall be "bject to
aooditioa to the eneet tnat in party appeai-reo-
shall abide and perform the order and
judgment of the appellate court, and shall
nay all moneys costs and damages which may
be required of, or awarded against said (party,
br sash eourt - - -
See. 4. In all cases when the interests of
- mt party desirinr an appeal, is asperate and
distinct from that of the other party or pai ties,
and be shall be desirous to appeal tbe part
of the ease in which be is interested, it shall
be so allowed by the court, and ths penalty
- and condition of the bond shall be fixed ac-
cordinzly : and tbe eourt shall take such order
as to the papers and pleadings and supplying
copies taereoi. ana m au oiaer respect w
new of a division of the case tor the purpose
' of appeal, as may be deemed right and prop
er. - ":; -. '
Sec. 5. - When the appellate court shall
' render substantially, the same' judgment er
' decree which was rendered in the court below,
damages shall, er may be, awarded as follows:
In all cases where the iudgmenl or decree
was, for the payment of money either per
sonally -or otherwise, the appellant shall be
adjudged to pay to the appellee or party de
layed of payments by tbe appeal, damages,
at the rate of fire per cent on the amount of
the payment adjudged or decreed in the
court below, unless the appellate court shall
be satisfied that there was reasonable and
Mn irMMind fnw tVar ' AnMtl ftnrl in mv
such case, where the court shall be satisfied
that the appeal waa vexatious, and for the pur
: pose of delay merely, the damages adjudged
hall be at the rate of ten per cent; in all oth
er cases, including those where the judgment
or decree is for nominal damages and costs,
or casts only, unless the appellate court shall
be satisfied that there was reasonable and
' probable ground for the appeal, there shall be
adjudged ta tbe appellee, or party affected
' by the appeal, damages, in such specific sum
as may be deemrd reasonable, not exceeding
two hundred dollars.
pSee. 6. In ease notise of appeal is enter-
. ed as foresaid, the court may, on motion of
ths party entering such notice, on laying Dim
under such reasonable restriction and terms
' as they may jude necessary far the security
of the adverse party, direct execution to be
stayed for thirty days; Provided, that in no
eaae shall administrators or executors and
' guardians,' who may bare given bond in this
Slate, with sureties, according to law, be eom-
' palled to give bond and security, in order to
perfect an appeal, aa is above' piovided ; and
la such cases, the clerk, if not otherwise di
rected, shall at tbe expiration of thirty days
from the rising of the court, make out a
transcript, which, together with the papers
nad pleading filed in the cause, he shall trans
mit to the clerk of the district court, accor
ding to the provisions of this act in other ea
ses of appeal
Sec 7. That in all cases where the party
gsiast whom a judgment is rendered ; ap
peals his ause to the district court, the lien
: of the opposite party on the real estate of
aid appellant, created by said judgment,
hall not be by said appeal removed or vaca
ted ; but the real estate of said appellant shall
be bound in the same manner aa if aaid ap-
' peal bad not been taken, until the final de
termination of the cause in tbe district court.
' Sec 8. That if the plantiff appealing,
shall not recover greater sum in the dis
trict court, than in the court from which said
appeal is takes, exclusive of costs and inter
esta whisb may have occurred since the ren
dition of tbe judgment in the said court, he
" abatl pay all costs that may have oeerued in
the district eourt in such case; and ifthede
" fondant, in ""J personal action, shall remove
1 the mom by appeal to the district eourt, and
ths plsnliff shall recover, in such cause, a
' judgment for the same sum, or larger sum
than was recovered in the court below, exclo-
i aire of eosts. the district eourt sbsll reader
; judgment for the sum so recovered, with eosts
of suit
Sec 9. That when appeal shall be gran
ted, and bond and security given tnereon as
aforesaid, the iudgmentor decree rendered
. . I .11 11, .1 U
la sucn case, la tae court www wi uiercuy
Ve suspended ; and tbe clerk or such eourt
kail forthwith make out an authenticated
transcript of the docket or journal entries,
ana oi me nnai jbujjhiw
ad rendered in the ease; which transcript
together wilh tbe original papers and plea
' dings filed in the cause, he ahall deliver into
she office of the clerk of the district court, on
r before ths first day of the term thereof,
next after perfecting the appenl in manner
aforesaid; Provided, that either party may
require a full record to be made of such cause
in the court below, and the same, when so
required, shall bo made at his own proper
eosts and charges.
See. 10. That the clerk of the district
ooort shall, prior to the filing with him of the
tranacrinta. as hereinbefore provided, un the
' application of either party to an appeal, issue
..hnnui for witnesses, returnable to the
IKayofthe next term of said court, on I
satisfactory proof being made before him that
tucb appeal Has been taken.
Sec. 11. That when any cause is remov
ed by appeal into the district court, the ap
peal shall be tried on the pleadings made up
in the court below, unless for good csuse
shown, the said court should permit either or
both parties to alter their pleadings; in which
case, such court shall lay the parties under
such equitable rules and restrictions as they
may conceive necessary, to prevent delay.
See. 12. That in all cases where a nonsuit
may be directed by the court, by teason of
irrelevancy of testimony, or by reason that
(the testimony adduced does not support the
case set forth in the declaration; and, also,
whenever the testimony shall be arrested
from the jury, by reason of which the plan-
tilf becomes nonsu:t, the plantitT ahall have
the same right to appeal as in other esses.
Speaker House uf Representatives.
President of the Senate.
. March 23.1852.
Providing for tbe appointment of Notaries
Public, snd prescribing their duties.
Sec 1. Be it enacted by ths General As
sembly of tht Slate of OAio.That the Gover
nor be, and be la hereby authorized to ap
point and commission as notaries public, as
many citisensof .this State, having the qual
ifications of electors, residing in the several
counties in this Slate, as he may deem nec
essary; Provided, that before making any
such appointment each applicant shall pro
duce to the coventor, a certificate from one
of the judges of the court of common pleas in
. j: . . IT.I I. i: .
me county or oistrici in wnicn sucn applicant
may reside, that the applicant is of good mor
al character, that he is a resident elector of
such county, and that he possesses sufficient
qualifications and ability to discharge tbe du
ties of the office of notary public
Sec 2. 1 hat each notary public, so ap
pointed and commissioned, ahall hold his of
fice tor the term of three years, it so long
he behave well ; and that before entering up
on the duties of his office, he shall give bond
to the State of Ohio, in the sum of fifteen
hundred dollars, with security to be approv
ed by the governor, conditioned for the faith
ful discharge of the duties of his otnee, ana
he shall take and subscribe an oath or affirm
ation, to be endorsed on his commission, thai
he will support the constitution of the United
States, and of this State, and that he will
honestly, faithfully, and impartially, discharge
and perform all tbe duties of bis office, to
the best of his ability.
Sec S. That each notary public, before
entering upon the duties of his office, shall
provide himself with an official seal, with
bich be shall authenticate all his official acts,
upon which seal shall be engraven the arms
of this State, the words Notarial Seal, and
the name of the county in which be resides;
whiah seal, together with his official register
shall be exempt from execution ; and on the
death or removal from office of such notary
public, his registers shall be deposited in the
office of the recorder of deeds, in tbe county
where such notary resides.
Sec 4, That no banker, broker, or effioer,
attorney, stockholder, clerk, or agent of any
bank, banker or broker, shall be appointed
to, or shall bold tbe office of notary public is
this State "
Sec 5. That each notary public, so ap
pointed, commissioned and qualified, shall
have power, within the county in which he
may reside, to administer all oaths required
or authorised by law to be administered in
this State, to take and certify depositions to
be used in any of the courts of this State,
to take and certify to all acknowledgements
of deeds mortgages, liens, powers of attorney.
and other instruments of writing, and to re
ceive, make and record, notarial protests.
Sec 6. That for each oath or affirmation
administered and certified, the notary pnblic
shall receive twenty-five cents, and no more ;
far the presentment, demand, notice to draw
ers and endorsers, and instruments of protest
of each bill of exchange or promissory note.
be shall receive the sum of one dollar ; and
for recording each instruments by him requir
ed to be recorded, the sum of ten cents for
each one hundred words, and no more: and
for his services in taking and certifying, ac
knowledgments of deeds, mortgages, liens.
powers of attorney, and other instruments oi
writing, and for the taking and certifying of
depositions, he shall receive the same fees as
are now by law prescribed for justice of the
peace; and in taking depositions, be shall
have tbe same power to compel the atten
dance of witnesses, and to punish witnesses
for refusing to testify, which is now vested,
by law in justice of the peace : and all sheriffs
and constables in this State are hereby re
quired to serve and return all process issued
by such notaries in tbe taking ot depositions.
Sec 7. That the instruments of protest of
any notary public appointed and qualified un
der the laws of this State, or the laws of any
other State or territory of the United Sates,
accompanying any bill of exchange or prom
issory note, which has been protested by such
notary for non-acceptance or for non-payment
shall be held and received in all the courts
of this State, as prima facia evidence of the
faets therein certified ; Provided, that any par
ty may contradict, by other evidence, any
such certificate.
Sec 8. That any notary public hereafter
appointed, who shall ohnrge or receive any fee
or reward for any act or service done or ren
dered by him under this act greater than the
amount herein limited, or who shall dishonest
ly or unfaithfully diseharge any of his duties
as notary public, shall, on complaint filed and
substantiated in the court of common pleas
in the county in which such notary public re
sides, be removed from his said office by sush
court ;and the eourt shall thereupon certify the
fact of such removal to the Governor, and the
party so removed shall be thereafter ineligi
ble to a re-appointment to the office of no
tary public in this State.
Sec 0. That tbe act entiled an act for ap
pointing notaries public, passed tebruary
eventh, one thousand eight hundred and,
sixteen, and all acta amendatory of said act
and all parts of all acts conflicting with this
act, be and ths same are hereby repealed.
. Speaker House of Representees.
President of the Senate
March 15, 1852.
To provide for the more efficient and expidi
lous completion of the New State House,
and to repeal the act to provide for the erec
tion of a New State House, passed Febru
ary twenty-first, one thousand eight hun
dred and forty-six, and all amendments
8ec. 1. Be it enacted by the General As-
temblyofthe State of Ohio. That the act en-j
tilled an act to provide for the erection of a !
New State House, passed February twenty
I MS . .1 ., 1 , t 1 .
urn, one tuousanu eigm nunarea ana loriy-six,
and all amendments thereto, snd all laws up
on that subject be and tbe same are hereby
Sec. 2. Thai there shall be appointed by
the Governor of the State of Ohio, by and
with the advice and consent of the Senate,
three commissioners, to be denominated the
New State House Commissioners,under whose
direction the work upon the new State House
in the city of Columbus, shall be continued
and prosecuted, under the plan and specifica
tions accompanying the report of the commis
sioners acting under joint resolution of the
General Assembly, for the session of the year
one thousand eight hundred and forty-three
and one thousand eight hundred and forty-
tour; frovidd. that said commissioners mav
adopt such modifications as have been made
in said plan by their predecessors, and may
also make such changes in the detail of said
plan, during the progress of the work, as they
may think proper; such changes and altera
tions not to increase the agregate cost of the
erection of said state House.
Sec 3. The commissioners aforesaid shall
hold their office for the term of two years, un
less tbe new State House shall be sooner com
pleted. They shnll take an oath or affirma
tion, to faithfully end diligently discharge tbe
duties required by this act; and if any vacan
cy shall occur in said commission, the vacancy
shall be filled by appointment, by the Gov
ernor. Sec 4. That it shall be the duty of the
commissioners, so soon after their appointment
as they may deem expedient, to elect from
their own body, a president and Secretary.
The president shall, when present preside at
all meetings of the board, and shall sign all
official documents; the secretary shall keep a
full and true record of all the proceedings,
and an account of all money and labor appro
priated and, expended an account of the ex
penses of each commissioner, the name and
compenstion of each agent by them employed,
or under their control, the kind of service per
formed, the total amount expended during the
last fiscal year, and annually, by the fifteenth
day of Decerober.report the same te the Govern
or; and in addition to tbe toregoing, they are
required to set forth, in the said annual re
port the total amount or cost of the said State
House, up to the time of making such report
And it shall be the duty of the Governor to
lay the same before the next General Assem
bly in session. The treasurer shall take du
plicate receipts, one of which shall be retain
ed by him, and the other shall be deposited,
at the close of the fiscal year, with the audi
tor of State
Sec 5. The said commissioners shall have
power to appoint a superintendent, architect,
clerk, and all other agents necessary for the
successful presecution of the work committed
te their charge, who shall be paid a reasonable
compensation for their services, out of the
State House fund. The superintendent, arch
itect and all other agents, shall hold their ap
pointment at the pleasure of the commission
ers, a majority of the board concurring there
in. The superintendent shall take an oath or
affirmation te discharge the duties assigned
him faithfully and diligently, and shall, under
the direction of the commissioners, contract
for and procure all the materials proper for
the construction of the new State House;
he shall, in like manner,
contract for all labor and workmanship neces
sary for the same, excepting such as may be
furnished by the Ohio Penitenriary, under the
provisions of this act; he shall superintend
the erection of said work, and inspect all ma
terials and workmanship, so as to secure to
the State a building of durable and substan
tial character; be shall certify to all accounts
for labor done, or for materials furnished,
which accounts shall be countersigned by the
secretary, and paid by tbe treasurer.
sec 8. 1 hat all moneys in any way appro
priated for this purpose, shall be drawn from
tbe treasury by the warrant of the auditor of
state, payable to the order of said commission
ers, signed by the president and countersigned
by the Secretary, which money, so drawn,
shall be deposited with the treasurer of state,
who is hereby constituted treasurer of the
state house fund.
Sec. 7. That it is hereby made the duty of
the warden and directors of the Penitentia
ry, to place at the disposal of the commission
ers of the new state house, all the covict labor
of the prisoners that can be advantageously
employed, and that can be spared from the
ordinary work of the prison; which labor shall
be appropriated as the commissioners may di
rect, but under the control and supervision of
tbe warden of the penitentiary ; and the said
commissioners are hereby authorized and em
powered to select from any new convicts, as
they arrive at the penitentiary, such persons
as in their opinion can be most advantageous
ly to the interest of the State, employed upon
the new state bouse until its completion.
Sec 8. That all the stone necessary for
the completion of said state house, may be
taken from the State quarries; and that the
state railroad from said quarries to the city of
Colnmbus shall be free for the transportation
of all material which may be required as
Sec 9. That said commissioners, a majority
of whom shall always constitute a board ca
pable of doing business, shall have full power
to contract and be contracted with, which con
tracts shall be in the name of the board of
commissioners, for the benefit of the State.
That the said commissioners are required and
directed to provide as soon as practicable, for
the furnishing of two rooms in tbe new State
house, for the purpose of holding the sessions
of the General Assembly.
Speaker House of Representatives.
President of the Senate.
March 18, 1852.
Authorizing Railroad Companies to change
their gauge, or width of track, in certain
Sec 1. Be it enacted by ike General As
sembly of the State of Ohio, Thst each Rail
road company now existing, or that may be
hereafter formed in this State, shall be requir
ed to make every railroad constructed or con
trolled bv said company, of one uniform gauge
or width of track from end to end. And
whenever either of the roads aforesaid, shall
connect with or cross any other road or roads,
the companies owning or controlling each or
either of said roads, may adopt such uniform
gauge or width of tracks as will enable each
of said companies to pass the same cars over
each of said roads respectively.
Speaker House Representatives.
President of the Senate.
March 24. 1852.
Directing the mode of trials in examining
courts, by whom such courts shall bs held,
and the manner of admitting to bail in crim
inal eases.
See. 1. Be it enacted by the General Assem
bly of the ' State of Ohio, That when any per
son shall have been committed to jail charged
with the commission of any crime or offence and
wishes to be discharged from such imprison
ment the sheriff or jailor shall forthwith give
to the probate judge, clerk, and prosecuting
attorney, of proper county, at least three day's
notice of the time of holding an examining court
whose duty it shall be to attend according to
sucb notice at the eourt house; and said judge
having heard the testimony, shall, at his dis
cretion, discharge the accused, admit him or
her to bnil, or to remand to prison ; and said
probate judge shall have power to adjourn
: from day to day, during such examination or
for such longer period as he shall deem neces
sary for the furtherance of justice, on good
cause shown by the State or the accused.
Sec. 2. If said court shall adjudge said pris
oner ought to be held to bail, it shall recognize
him or her in such sum and wilh such securi
ty as he shall deem sufficient, conditioned for
the appearance of such personal the next term
of court of common pleas, in said county, or to
such court as shall have jurisdiction in the tri
al of such cause ; and in case such prisoner
fails to give security, lie or she shall be reman
ded to jail ; and in all cases where the prisoner
is remanded or held to bail, the court shall re
cognize the witness or witnesses on the part
of the State, to appear at the next court of
common pleas, to be holden in and for the
county where such prisoner is to be tried, or in
such court as shall have jurisdiction in the tri
al of such cause.
Sec. 3. The examining court, if the prison
er fails to give security, shall order the clerk
to enter on the journal of the court of common
pleas, in what sum and with what securities
he or she may be recognized ; and at any time
there after, upon the prisoner's giving such se
curity as required by the examining court, any
judge of the supreme eourt, court of common
pleas, or the probate juuge ot the proper coun
ty, may discharge him or her.
Sec. 4. In all cases where a single judge or
examining court may recognize a prisoner un
der the provisions of this act, he shall forth
with deposit with the clerk of the court of com
mon pit as, in said county, the recognizance so
taken, also a warrant directed to the jailor, re
quiring him to discbarge tbe prisoner.
Sec. 5. When any person charged with the
commission of any bailable offence, shall be
confined in jail, whether committed by war
rant under the hand and seal of any judge or
justice of the peace, or by the sheriff or cor
oner, under any capias, upon indictment found
it shall be lawful for any judge of the supreme
court judge of the common pleas within his
district, or probate judge within his county, to
admit such person to bail, by recognizing such
person in such sum, and with such securi
ties, as to such judge shall seem proper,
conditioned for his or ber appearance
before the proper eouaty, to answer the
offence wherewith he or she may be
charged ; and for taking such bail, the said
judge may, by his special warrant, under his
hand and seal, require the sheritt or jailor, to
bring such accused before him at the eourt
house of the proper court at such time as in
such warrant the judge may direct; Provided,
that in fixing the amount of bail, the judge ad
mitting to the same, shall be governed in the
amount and quaiity of bail required, by the
directions of the court of common picas
in all cases where said court of common pleas,
shall have made any order or direction in that
Sec 6. The judge of the court of criminal
jurisdiction in each county in this State.where
such courl is now or may hereafter be 'estab
lished, shall have concurrent jurisdiction with
the probate judge of such county, in all mat
ters wherein, by this act, jurisdiction is confer
red on such probate judge
Sec 7. Tbe first, second, third, fourth and
twentieth sections of the act directing the
mode of trial in certain case", passed March
seventh, eight hundred and thirty one, be, and
the same are hereby repealed
Speaker of Sou of Represenlalivat.
President of the Senate.
March, 12, 1852.
To repeal the fifty-seventh section of an act
directing the mode of proceeding in chan
cery, passed March fourteenth, one thousand
eigbt hundred and thirty-one, and to direct
the manner of, and terms upon which de
crees may be open in causes where the
same have been rendered against parties
without actual notice..
Sec 1. Be it enacted by the General As
sembly of the State of Ohio, That parties
against whom a decree in chancery has been
rendered, without other notice than the publi
cation in the newspaper, as provided for in the
act directing the mode ef proceeding in chan
cery, may, at any time within five years after
the date of the decree, have said decree open
ed, and be permitted to come in and defend,
and have a hearing of tbe cause, the same as
if no dceree had been rendered therein; but
before tbe decree shall be opened, the appli
cant or applicants shall give notice in writing
to the original complainant, or bis represena
tives, of the intention to make such application
and shall file a full answer to the original bill,
make an affidavit, that during the pendency of
said suit, he or she, as the case may be, receiv
ed no actual notice thereof, in time to appear
in court, and to object to said decree ; and the
court before which such application may be
made, shall before ordering said decree to be
opened, make such order as to the costs, as
may, under the circumstances, seem just and
equitable; Provided, that the title to any real
or personal estate, the subject of the former
decree which by it, or in consequence or it,
shall have passed into the hands of a bona fide
purchaser, shall not be affected by any pro
ceedings under this act
Sec. 2. That the fifty-seventh section of the
act directing the mode of proceeding in chan
cery, passed March fourteenth, one thousand
eight hundred and thirty-one, be and the same
is hereby repealed.
Speaker House of Representatives.
President of the Senate.
March 24, 1852.
To repeal the act entitled an act to levy a tax
on the income of practising lawyers and
physicians, paesed February twenty-second,
one thousand eight hundred and thirty.
Sec. 1. Be it enacted by the General As
sembly of the i'tnte of Ohio, '1'hat the art
entitled an act to !evy a tax on the income of
practising lawyers and physicians, passed Feb
ruary twenty-second, one thousand eight hun
dred and thirty, be, and the same is hcleby
Speaker Mouse of Representatives
President of the Seuatc,
March ,13 1&52.
To amend an act entitled "an act to provide
for the settlement of the estates of deceased
persons," passed March 23d, 1840.
Sec. 1. Be it enacted by the General As
sembly of the State of Ohio, That if the execu
tor or administrator doubt the justice of any
claim, presented or verilied as provided for by
seclicn eighty five, of ''an act to provide fur the
settlement of the estate of deceased persons,"
passed inarch 23d, 1840, he mny enter into an
agreement in writing, with the claimant, to re
fer the matter in controversy to three disinter
ested persons, who if the claim does not ex
ceed one hundred dollars, shall be approved
of by a justice of the peace of the county in
which the parties or either of them reside; or
if the claim exceeds one hundred dollars, the
referees shall be approved of by the probate
judge of such county.
Sec. 2. That the eighty-sixth section of "an
act to provide for the settlement of the estates
of dttceased persons; passed March 23d 1840,
which read as follows: "It the executor or ad
ministrator doubt the justice of any claim pre
sented or verified, he may enter into an agree
ment, in writing, with the claimant, to refer
the matter in controversy to three disinterest
ed persons, who, if the claim does not exceed
one hundred dollars, shall bo approved of by a
justice of the peace of the county in which the
parties, or either of them reside, or if the claim
exceed one hundred dollars, the referees shall
be approved of by one of the associate judges
of the court of common pleas of such county,
be and the same is hereby repealed,
Speaker House of Representatives.
President, of tbe Senate.
Marsh 19, 1852.
35. '
To extend the time in which administration
may be granted in certain eases, and to re
peal the 20lli section af the act to provide
for the settlement of the estates of deceased
persons, passed March 23d, 1840.
Sec I. Be it enacted by the General As
sembly of the Slate of Ohio, That administra
tion shall not be originally granted as of right
after the expiration of twenty years from the
death of tbe testator or intestate ; Provided,
nevertheless, that each Probate Judge shall
have power, within his county, to grant letters
of original administration upon the estate of
any person heretofore deceased, or who may
hereafter decease, as well after as before the
expiration of the said period of twenty years,
upon petition of the next kin, or other person
or persons interested, or their agent, and on
good cause shown for granting such letters as
aforesaid; and the said Judge may, before al
lowing the prayer of any such petition, direct
notice thereof to be given by publication, for
a period not exceeding thirty days, in one or
more of the newspapers printed in the county
where such a petition is filed.
Sec 2. That the twentieth section of the
act to provide for the settlement of the estates
of deeeased persons, passed the twenty-third
day of March, in the year eighteen hundred
and forty, be and the same is hereby repeal-
Speaker House of Representatives.
President of the Senate.
March 24, 1852.
Auditor's Ofetck, - )
Sandusky county, O. f
I certify that the foregoing laws, are truly
copied from those furnished this office by the
Seeretary of State.
County Auditor.
What is a Fop? A Mr. Stark in a lecture
before the Young Men's Association of Troy,
N. x. thus defines a fop: "The fop is a com
plete specimen of an outside philosopher. He
is one third collar, one sixth patent leather, one
fourth walking stick and the rest kid gloves and
hair. As to his remote ancestry there is some
doubt, but it is now pretty well settled that he
is the son of a tailor's goose. He becomes ec
static at the smell of new cloth. He is some
what nervous, and to dream of tailors bills giv
es him the night mare By his air. one would
judge he had been dipped like Achilles; but
it is evident that the goddess must have held
him by the bead instead of the heels.
Nevertheless such men are useful. If there
were no tadpoles there would be no frogs.
They are not so entirely to blame for being
devoted to externals. Paste diamonds must
have a splendid setting to make them sell.
Only it does seem a waste of material, to put
five dollars worth ot beaver on to nve cents
worth of brains."
Mr. J. Bayard Taylor of New York who is
travelling in Africa, was on the 12th January
at Khaatourn, the chief city of Sennar, and lo
cated at the confluence of the White and Blue
Nile, about half way between Cairo and the
Equator. He had proved quite popular with
the sable governor of the place, in consequence
of his being the first American who had ever
penetrated so far towards Central Africa, hav
ing been presented with a magnificent horse,
entertained at a grand banquet, and Honored
with a nightly guard around his tent He had
also been the guest of a great princess of Sen
nar. daughter of the late monarch. Her e-
bon royalty had feasted him and his ftiends
on a sheep roasted whole and paid tnera otn
er high bred civilities peculiar to the aristocra
cy ofEthiopa. Mr. Taylor was undecieed
whether to return to Cariro, or press forward
to the eauator and sources of tbe Nile. A
Catholie missionary, who was bound to the lat
ter place, wished him to continue the journey
in company. His health, he writes, was nev
er better. Detroit Free Press.
Ths Question Skttlkd. The question
that vexed question which is setting nearly
tbe whole Locofoeo party crazy, is now settled
as to who shall be the Locofoeo nominee for
the Presidency. Lola Montez, the Countess
ot Landsfeldt, and bosom friend ot the "good
eld King" of Bavaria, has "no hesitation in
saying, and she says it boldly," that the old
foggy and Federalist Buchanan, in the same
man that should be nominated. Of course he
ill be, "without further debate." Her only
regret in the matter is. that she is not qualified
to record a vote iu his favor. hat a pity.
O. 8. Journal.
The New Yolk Courii r states, that $100,
000 of Ohio, Huron and Sandusky County
and city Railroad Monds have been sold dur
ing the Inst few days, bv Simeon Draper, on
foreign account and on piivntc terms, but sup
posed to be at about 90 per cent.
We understand that aladr, on Fifth street,
gave birth to n child, a few days since, who
has a monkey's head, and four clans. A sin
gular "freak of nature." Cin. Com.
J. S. FOCKE Editor.
SATURDAY, APRIL 1 0, 1852.
Corporation Election.
This election resulted adversely to "the
Regularly nominated Democratic ticket."
Our "Democratic" friends held a caucus on
Saturday, previous to the election, and put in
nomination a ticket, which was every way sat
isfactory to those who made the nominations.
The Editor of the Democrat was nominated
for Mayor, with men of like known politics
for Recorder and Councilmen.
The majority of these nominations, espec
ially that fur Mayor, gave great dissatisfaction
to quite a number of leading Democrats, who,
in connection with the Whigs, placed in nom
ination an independent ticket, retaining the
Democratic nominee for Recorder, and one of
the Councilmen, which was elected by a hand
some majority, ranging from 6 to 26 :
The following is the ticket elected.
Mayor B. J. Bartlett 7 maj.
Recorder T. P. Finefrock, on both tickets.
C. Doncyson, both tickets.
Wm. Herbster. 6 mai.
Councilmen f Isaac Sharp. 24 mai.
O. L. Nims, 23 maj.
J. F. R. Sebring, 28 maj."
The above ticket is composed of good men.
and will make efficient officers.
Townihip Election.
The following are the names of the persons
elected en Monday last, to fill the various town
ship offices; all Democrats, and elected by an
average majority of 50. " ,
Michael Reed, 1 , .
T. 'Pinker ton, V Trustees. .
James Justice, J
Gorge R. Haynes, Clerk.
Christopher Doncyson, Treasurer.
Peter Burgoon, Assessor.
John Younkman,
Stanton H. Brown
Justice of the Peace.
The Whigs, on Monday last, elected their
candidate for Justice of the Peace by 60 ma
jority. Tbe vote stood :
H. Pw FOSTER. Whig, .176
WM ANNELSE Y, Loco. 116
Whig maj. 60
A large number of Democrats voted for
Mr. Foster. The character of his opponent,
and the manner in which bis nomination was
effected, disgusted many of the dominant par
ty, and induced them to vote for the Whig
nominee To them be the credit for this re
The Fremont Band.
On last Wednesday evening, we were very
agreeably surprised to hear, directly under
our window, some most excellent music, by
the Fremont Band, who had taken the occas
ion to Serenade their friends in different parts
of the town. This band is composed of a
number ofonr most enterprising citizens, prin
cipally young men, and have been associated
together about two months. They are under
the instruction of our esteemed fellow citizen,
Mr. John Sendlebach, who is a musician of
more than ordinary abilities, and tha progress
this band has made under his supervision,
shews that he has the happy faculty of im
parting instruction - to others. Their music
was executed with much skill, and fully equal
ed that of much older bands. With a little
more practice, Fremont will have a band not
surpassed in the State. Theii instruments
are entirely new, and of the most approved
and costly quality. The company deserve the
thanks of our citizens for the energy and per
severence it has evinced in this matter. It
has our thanks, for tbe entertainment given
us on Wednesday evening last -..
New Snperinteident.
Somebody tells us that John H. Cleveland,
Esq., of Adrian has been appointed Superin
tendent of the Norwalk and Cleveland Rail
Road. We hope it is true, for no better man
can be found. Toledo Blade
S3T Lola Mod tea is out with a caustic let
ter to the Boston Transcript She says in
conclusion, "I defy any man living to prove
any base charges against me."
toi - . "' .
X?" It will be seen, by a card in another
part of the paper, that T. W. Clapp, County
Surveyor, has his office in Buckland fc Ever
eretts' Law office.
Charter Election.
The Whigs of Sandusky City at the elec
tion on Monday last elected their Mayor, and
four of the nine Counoilmen. Last year the
Locos elected their Mayor by a large majority,
and all the council but one Tbe Whigs there
feel very much rejoiced at their success.
The tax bill has passed the House of
Representatives. Some amendments were
made, and it must go back to the Senate for
their concurrence. We expect to be able to
publish it next week.
g3T Gen. Cass is said to be considerably
nettled by the charge of being an "Old Fogie'
He says, in private, that he supposes 'Young
America" to be the peculiar designation of
gentlemen who wear long hair all over their
faces including Ned Marshall, of California,
and apes generally. Dayton Gazette.
Tlio onil.r.1- rf A "Rrid.-e of Sisrhs" is now
ascertained to be the Board of Public Works
of Ohio, not Lord Byron, as the world in these
hitter days, have been led to believe.
Irnno-h. in his lecture on Tuesdar ovpnintr.
at Columbus, stated that the story which orig
inated in the Hartford Times, that he was op
posed In the Maine Law, was untrue; ami be
fore he. got through he convinced hisuudiencc
of the falsity of the report
ROAD. The gratifying news has been receiv
ed here to-day, that Mr. Boalt. the President
of this road, bas purchased all the iron neces
sary to complete it, and that he has also sold
a portion of the Bonds of the Road in England
for cash. The success of this gentleman in bis
mission to England, in behalf of the Road, when
not a mile of it is yet completed. Is truly won
derful. He is just the man to carry out to a
successful issue, a work of this magnitude.
In October we shall expect to meet our "For
rest City" friends by Railroad at Norwalk, and
thank this energetic man for so soon comple
ting the Uok connecting the "Jorrest" and
vorn lilies.
Toledo Blade
A Liverpool paper, of the 31st of January
"lbe wild game of tbe American swamnv
forests and prairivs, are now regularly offered
for sale in our markets. - Nearly every packet
of the Cunard line that arrives in our - river
brings a supply of American patridges as largo
as grouse, wild turkeys, and canvass back duck
which meet with a ready sale."
A Baltimore paper announces that the Sun -
is enlarged.' We wish this bad been done
last fall tbe winter might not not have been
so severe.'
A Naughty Fellow. The Detroit Free
...... ...;. . i;, i r c : w
Highly improper on the part of the old gen-.
tleman ought to know better at his age,
tnknnd f ISA Rnrinn-nf filirh itnAtr VAaratiof
A perriwig-maker, in the town of Lewees
had a sign painted in front of bis shop, rep
resenting the rebellious son of David hangin
the oak, by the hair of the head, with this
whimsical couplet below : 1
"Oh! Absalom! unhappy spring!
Thou shouldst have worn s perriwig."
Knaves and Fools. "If any Democratic
paper on the line, understanding the circum
stances, did copy said letter, (Gen.. 3cott's.) is
only proved that there was a knave at one end
of the line and a fool at the other."
Plain Dealer.. .
"Knaves" and "fools", there were plenty,
for we see the letter in . the Ohio Statesman
and Cincinnati Enquirer, both your belters.
The brief letter of Gen. Scott sent over the
country by lightning on the' 17th, produced
as much trepidation in the Plain Deler office
as a Scott bombshell in the camp of Santa
Anna.. . - , . - viev. usraiu.
. - ,j r
Gen. Cnss was invited recently, while at
Centreviile, Mich., to drink. "No," said tbe
General, "I never drank liquor nor used to
bacco, and do not wish to begin at Centreviile."
' t The Odd Fellows of Boston are about
to erect a granite hall, four stories high, at a
cost of $80,000. The amount is to be divided
into shares nt $20 each. '- . ' ., -
The Cincinnati Atlas is an able and temper
ate article, declares its preference for General
Scott as the. Whig candidate for President
The Atlas is of the opinion that public senti
ment in Ohio is very decided in his favor, and
that with him as our standard bearer a feeling
of union and enthusiasm will prevail all over
the State, that will again place us 'firmly
among the Whig States of the Union. There
is no doubt that this feeling exists, and that
such are tbe sentiments of the great mass of
the Whigs of Ohic ' . - - -
O. & Journal
Washington, April 3d.
The Whigs of the Senate meet to-day to ar
range for a meeting with the Whigs of tbe
House, some day next week, to appoint tbe
lime and place of holding the Whig National
Convention. : 4..-;
Horace Greely says of the "spirits rap-
pings," in the Tribune, that " Clairvoyance
so far as we have opportunity for observation,
is not reliable, but often marred by freaks and
blunders. . Our present impression is that
most of the so- called "spiritual manifestations
pertain to the broad and mystic realm of
Clairvoyance, Electrical Psychology, or what
ever it may be called, ana uo not emanate
from 'spirits' in the invisible., world, , as has
been by many believed." .. - s '
03 WISTAR'S Balsom of Wild Cherry im
parts new vigor to vital . action, and rtievs the
system bv opening Ihe pours sf the skin, and pro
moting the secretion of mucous matter. Its ection
is Buborinc, sedative and expectorant, by opening
the pores, allaying- irritation, and by rendering Ihe
expnleion of mucous mutter easy.
These who take the Balsam will feel immediate
relief from the distressing irrelationa that accom
pany affections of the respiratory organ. The pnrea
have been closed, the Balsam opens them. The
Lungs suffer from irritation, the irritation is aooih
ed: the pulse is violent and feverish, they -are aof.
tened, and the mucous membrane relieved of its
engorgement with rapidity and ease. All by the
use of this delightful remedy. -
See advertisemeut hi another column.
Gives Universal Satisfaction.
Victor. N. T. Jan., 82, 1851.
VT . JJ. DIOaD,- Xjsq. aim. . .
Morehouse left wilh s some ol your valuable med
icines; and we have already disposed of' the Oint
ment for Horses, aud it has given . universal satis
faction. Please forward us by railroad to this
place some ef tbe Ointment, as we are very much
in need of it. Tours respectfully,
See 'Sloans Complete Farrier and Cattle
, Doctor.' '
For choosing, breeding, rearing, and general
management; together with accurate descriptions,
causes, peculiar symptoms, and the most approved
method of caring all diseases to which horses and
cattle are subject. -
irSee Agents' names at the foot or Sloan's
Column. For further particulars and testimonals,
get Pamphlet! of agents. -
Wheat perbushel 63.68
Flour per barrel 3 50
Corn per bushel.. .........,...... -.37
Oats per bushel .- 25
Butter per pound 12
Eggs per dozen.. .... 10
Cheese per pound..... . ..10
Lard per pound... 6
Salt per barrell...... 1 18
Hides per pound 4 a 8
Flaxseed per bushel.... ...6ft
Timothy seed per bu 1 25
Clover seed per bo.... ., . 4 95
Pork per harrell '. .... ..12 00
Hams smoked per pound 08
Beans per hnshel. I 25
Potatoes perlinfthrl .... ..6 !
OnimiM per bnahrt. .... ................. .50
Apples rrreen., ..I 00
Apples dried a 00
Beeatrax per ponml.. 20
Tallow per pound. ...7
Stave Pipes per M. ......... $20n22
HhdperM 1416
' BhlperM ,.9al2
Blackwaluat Lumber per M. ....... ....8&12

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