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LAWS OF .OHIO:?
PUBUSUED BY AUTHORITY.?? v-?"-.."- ' AN ACT ...... . - .---' To provide egainst the evU resulting from the sale of intoxicating- liquors in the Slate of Ohio- , V " ..U, Sec. 1 . Be it enacted by'the General As sembly of - the-State of Ohio, -That it shall be unlawful for any person or persons, by gent or otherwise, to sell, in any quantity, iiitoxioaUng liquors, to be drank in, upon, " or About the building, or premises where ' sold, or to-sell such intoxicating liquors, to 'be drank in anv adioininir room. hniMino i o - o or. premises, or other place of public resort connected with said building. ; Sec. 2,, ' That it shall be unlawful for enyperson or persons, by . agent Or other wise, "to sell intoxicating liquors, to minors, unless upon the written order of their pa rents, guardians, or family physician. ; i f- Sfic. 3 t.That it shall bo unlawful for nv person or oersons. bv a sent .or other- ;wue, II? sell intoxicating liquors to per tons' intoxicated, or .who are in the habit ,of getting intoxicated. -. . : : . W ryrt A. . 'PK at- nil nl.AA. InlAViI . "gating liquors are sold-in violation ol this .be common nuisances, and all rooms, tav- Arn..? Attincr.hnii.QAB- hiToara. rnaUnr.nta. .grpoexies, ooffee-houses, cellars, or other places of, public resort, where intoxioaling liquors are , Isold in violation of this act, . shall be. shut up and abated as public nui sances upon. the conviction of. the keeper hereof, who shall be punished as herein- t. wav. a. .11 siku . uv uumwiui iui , a i- .ti. l 11 t. - l r..i r . -any person to get intoxicated, and every ',rveroh. found in a-atataiof intoxication. -the sum of five dollars, and imDrisoned in the county jail not more, than: three, nor Jess than one . day, and - pay - the costs of 'prosecution. - ?.. t rf;.! Sec. 6. That.; every, person who shall, iby the sale. of intoxicating liquors, contra ry to this act, cause the intoxication of any -other person, such person or persons shall be liable for. and compelled to ov a rea- 1 .eonable compensation to. any person who - ..rmou lata n!i i rnn rt I n.wl rirt ui ,1 .ft fVi fillf.ll -:i""J I intoxicated person, and one dollar per day -.in .addition thereto-, ibr every day such in- "loxicaieu person simii ue rippi, ui uuiisb- .quence of such intoxioation, which sums u. 1 :.. ;:i k.f..... 'any. court having jurisdiction thereof. -. Sbc. 7":T,hat every wife, child, parent, guardian, employer, or other person, who . shall be .mured in- person or property, or mA.n'a nf ailnnnpl ho mnw tn tATlAB I Aft riAl. ... ..u a . mj jj.i i - J ... ......a....... on, or in consequence .ol the intoxica- . . , l r . . I r .i ; r such wifaiohild, parent, guardian, employ y r or other person, shall haye a right of , action in Tii or herown name, age inst any 'iM-inn who ; nhall bv .cellinir intoxicating I , . J rj - - . r uliniiora oontrarv ' to this aet. have caused ' tthft .'intoxication 'of suoh'personvfoir - all damages actually suatained, as well as eX- empiary uiiiiijcij uu nnnnj .TahaMf ave ute s&ms ncnr xoorittg sun. mount roi;o verou, ius iuv , k . .n). lft rwl, frit Jimairat 'rtnntraFM(1 hv a mi. - iubrl under this act. shall be 'paidy either to uoh minor,' or-to hi or her parrot, guar- . ' .'a- 'J.lh f r li n m. n a n n i.n rla. fliia the court', of- this State; having Jurisdiction 'tfeereof.'. -5 tes ' f i,.Aj; . t :.-i : j ;4Sc. '8. ;TThatfor every violation of the 'oroTisions of the -first,' second, and 'third sections of this act, every person so offend- ing shall forfeit and pay a fine of not less than twentv. nor. more than- filly dollars, and be imprisoned in the jail of the ooun- J IUI HVI IBS BjllS -. VN Mwer . - " culioD, And for every violation of the pro virions of the fourth, seclion of thU act. - - : - a -i every pei son con victea as tne Keeper oi ; : any- ot the plaoes- therein aeoiarea io oe nuisances jnau loneuaiiu py sim-ui uui . less than fifty, nor. more than one hundred dollars,, and be imprisoned in the jail of ; the cotmrv lot not less tnan twenty, nor ... tnore than, fifty days, and pay the costs oi prosecution, ana suon piaoe or piacea w 1 l- b l. ..j.U ahMMaMVfe ai aa . u atA ,nVlJt. ,(rpi UJ BUV1I UCIIUU v UOI luua o. vu . 'w. :- ed,' shall be shut up and abated, upon the order of fbe'.couTt before whont juoh con (4. viction may -,be had,r until ; such time as (. such., person or , persons, keeping such y place or places, shall give bond and secu- --TUV io me acoepiniico ui aiu cuuiii 411 u penal sum of one thousand dollars, paya Wble, to the. State of,Ohio,; conditioned that .,he. she, or they, will not sell intoxicating .liquors contrary to. the laws of this State, 1 .. -II it iXl ' A J.maoaa, ilanc; win pay KHBfvu,l"t.u,J v-Mi-goo iTBinet. biia4i kppnnr or keeners. 0 for an.y- violation hereof, and in case oi a '..forfeiture of such boad,suit may be brought j. bu . Kit L I u vi , - . - A . rn. Iko noo nf lha niinlV ' in RAIA Of : ft fine, or costs due such county; jrroviaea. ... thai. the. provisions of the first and fourth s, sections of this act, shall net extend to the . saie oi me wine inanuiaciurpu o. uio uuro L juice of the grape, cultivated in this State, ,? op. beer, ale, or cider. ; ; - ; .v, . . .Sr.h i 9. t. That theeivinc awav of intox --evade the provisions of this , act, shall be deemed and held toe an unlawful selling i.i within the provisions of this act ." 0 " 1ft TU.i (. a.11 fin., init nnili . ; assessed against any- person or persons, .for any violation of this act, the real estate and oersonal oreoertv of such person or - '.It-' "T 1 ' I " ' nersous. oi everv Kina. wunoui exempuuii hll be liableQr tlie oavment thereof; and o aU:such fines 'and posts, shall be a lien . .. iinnii mill. m a afmaiiR uiii.i u.iut' , ..uhaaa an v .- niirion or Dersons.: shall rent or UUWM WV... . . " ' T--.--.-l . . lease, any building or premises, snd know .. XatAv aii(rv lha iimp ta be used and occu ' tipied fov the sale of intoxicating liquors ...... ia il!....ri inU Jiuiininir ant UUllllBlv ,u 1 11 1 a WW., w w - -' -a. .- Kjremises so teased -and ceopfed, shall W eld liable forand tny be sold Id pay all fines snd cdsts assessed against the person X'occupyihsr euch building-or premises, Io 7any violation of tliiact;'aftd iq case such vbuildine or premises ueiongtne to-.any mi 1AA6fi insane e-abn - or idiot,- the guardian 6r isuardians,-of-'8Uch.iTiiiOr"jr minors, or . insane person -or iun.- wnu hub or Bucn uuiiunm viviumo, bi- w , . - , I 1 . .J ...II.. .,,nk mr a ail aw ui d a1 a . uie ror. aiua 5cuuuiw,uv v, - "a : irltnt Inr all lUmiiriia. in .lUSaiio ciouu .-- .- ; r " . :- ...At. tM.u.lma and nrfimisfiH. end liabilities - 6 Tor such fines end obsts.- as aforesaid. 2 f ! Sec: 11 4 That all prosecutions under X-ibis act shall be in the name of the State nf Ohio, and shall be commenced upon 1 written complaint under oath or atnrma ' lion before any Justice of the Peace of th r county in whicbsaid offeDce was commit Ud, or Wayor of acy mcorporawu town village or city, or by information or indiot ment, as may.be provided by law for the prosecution of offences, the punishment of which is not capital, or imprisonment in the penitentiary; and upon the filing of such; coinpjaint . with' aucli justice of. the peace or mayor as aforesaid, such- justice of the peace "or mayor shall forthwith issue a warrant directed to the proper officer for the arrest of the person or persons charg ed with a violation of the provisions of this act, and such officer shall forthwith arrest the person or persons named in said war rant, and bring him or them before the Jus tioe of the Peace or Mayor issuing said warrant and upon the return of said war rant served, such-Justice of thePeaoeor Mayor shall proceed to enquire into the truth of such .complaint, unless for good oause shown a continuance is granted at the instance of either party, and in case the continuance of said action as aforesaid, the defendant or defendants, shall enter into a recognizance to the State of Ohio in such sum as the Justice of the Peace or Mayor may deem reasonable, with securi ty to the acceptance of such Justice or Mayor conditioned for the appearance of said defendant or defendants at the time fixed for the hearing of said complaint, and in default of -such defendant or defen dants giving suoh recognizance as afore said the defendant or defendants shall be committed, to the jail of the county to be safely kept until the time fixed for the hear ing of said oomp.aint, and if the parties so recognized shall not appear at the time set far said trial the recognizanoe so given by him or them shall be forfeited by such Jus tice of the: Peace or Mayor, and such offi cer shall enter such- forfeiture upon said recognizance, and also upon, his docket and thereupon suoh. Justice or Mayor- shall forthwith prooeed to collect the penalty of said recognizanoe by instituting an action thereon . and proceeding with- the. same to .final judgment, and when the same is coi lecled after paying the costs of such col lection, suoh Juetiee or Mayor shall pay over the balance to the township, city, or incorporated village Treasurer for the sup port of Common Schools, and in all cases of prosecution before Justices of the Peace or Mayors, if such officer finds the com plaint to be true, he shall recognize such defendant or defendants to answer such said charge, as in other criminal prosecu tions of like grades; Providedfthkl if such defendant or defendants shall plead guil ty, such officer may affix the penalty, and proceed to judgment; and in .such case, said officer shall immediately issue an exe oution against the property and body of the defendant, for the fine and costs, unless paid or secured, and said defendant shall not be discharged until said judgment and costs shall be fully paid, or secured to be paid.. J ;..' .; i: -.. ' Sec 12. The following form'of complaint hall be sufficient in criminal proceedings, before justices of the peace, or mayors, under this act,. when applicable, but may be varied to suit the nature of the case, namely: - .-v . - . State of Ohio. County, ss. Before at I" -m ' r . I - t - 1 me. A. t., a justice or tne peace lor saiu county, or mayor of, &c, as the case may be, personally came C. D., who being duly sworn according to law, deposeth and saith that, onor about ,the -- day. ot , in the year , at the county of -. afore said. B. P. did sell intoxicating liquors, to one G. H.. to be drank in the place where sold, (or to .G. Ha, a minor. &c, or a per son intoxicated, or in the habit of. getting intoxicated, as the case may be, or is the keeper of a room, or tavern, as. the case may be, where intoxicating liquors are sold in violation of law,) and further saith not, .. v.-; Signed, - ..r---: ; ;I C. D. Sworn to, and: subscribed before me, this day of " v A. IX; : - . , A, B.aJustioe, or M ayor, &c. Ssc. 13. In all prosecutions under this aot, by indictment or otherwise, it shall not be necessary to state the kind of liquor sold, or to describe the place where sold, and for any violation ol the tourtn section, it shall not be necessary to state the name of any person to whom so'd; and hi all cases, the person or persons, to whom in toxicating liquors shall be sold, in violation ot this act, shall be competent, as witnesses to prove such fact, or any other tending thereto. -1 5 1 : " z'-1 -v.-"- -"!- '. Sec. 14'. That 4,an act io restrain the sale oi spirituous liquors ' passed March 12, 1851, and 'an act turtner aenning me powers of trustees of townships." passed March 12. 1853. be, and the same are here by repealed:. Provided, that all suits andj prosecutions pending, under said acts, or previous violations thereof,' shall be prose cuted under said acts, the same as before the passage of this act. r-"- . .. -m . r vir.f TTV " Speaker of the House of Representatives. . . - a t w--. r er ' . - - JAftllia Mlit a : i t-President of the Senate. May 1st, 1854. : ; -' : !. Secretaet of Stjlte's Office, - ' Columbus, May 3,-1854. ' V I. William Trevitt, Secretary of State of the State f ot Uhio,1 hereby certuy mat . - ' a . - the "foreizoine laws are correctly copied from" the original rolls on file id this ofhoe. . in if T I III -fIE7l'l"n . V IliUIAHl L JCVli V I 1 , - .': ' ; "-' ' Seoretary of State. I certify that the foregoing law is cor rectlV printed.' ; i ; ' J. B. NOLL, - - Auuuor, im. v. Or- Santa Anna's great battle .with Al- varvZ. reportea some aays ago, .urns oui be uo battle at all although ' the "victory was celebrated in the city of Mexico, on the 17tti ult., by the ringing of bells, firing of cannon, and a suspension of business It was at first alleged that Sajita Anna had taken the Cuesta del' Palegrino; but when the hews' came to' be published next dav. it was stated that he had1 driven Alvarez froiii k uorl" called" Cdquillos and would orobablv be at that time at the Pelegrino Alvarez, says the Picayuue. bad' already- abandoned an advanced port called Ca lones. and it' is very ; probable that Co quilios jn ay have fallen into the possession ot'Santa Anna in the same manner. ' " On the 18ib, on thestrengtii of his vic tory, the lists were' opened to competitors : t ..h .oa.ia -Sinn I for the payment oi me 9io,vvu,uuu io ue derived from the, Mesillai treaty, provided lhat.the successful 'candidate should pay down on the same day ?F300,000 on ac count. r The story about the victory, it is thought, was got up by banta Anna in or tNYpHK, May SFlouriOhio, 88,25 to 8,50. v .. . .. .- ' ..: . ' Grain Wheat firm and demand good 1 Sales of Long Island at 81,95. ; , " Bsef Cattle f 8,00 to 1 1,00. Laws of Ohio. Below will be found a list of laws of a general nature, passed at the late session of the Legislature, except such, as provide for the times of holding the Courts: . .' To provide for the completion of oertain contracts heretofore made by sohool di- rectors.. , . ..... , ..J. . V Supplementary to an act privileging cer tain persons from arrest and imprisonment, passed February 24, 1831. ' Making appropriations in part for the year 1854. Supplementary to an ; act defining the mode of laying out and establishing State roads, passed March II, 1853: " r--- To amend an act entitled Man act for the incorporation of townships'passed March 14, 1853. Providing for the election of coroners and sheriffs and fixing their term of office. Authorizing Insursnoe Companies to in crease the number of directors. To amend section 106 of an act enti tled "an act to establish a code of civil procedure," passed March II, 1853. To amend an aot to authorize the Gov ernor to appoint commissioners to take ac knowledgments of deeds or other contracts and depositions in other States,, passed January 26, 1844. To establish alterations in State and oounty roads. Supplementary to an- aet entitled "an act for the better management of Orphan Asylums," passed March 11, 1853. . Authorizing depositions to be taken in the State of Ohio, to be used in the courts of other States.' Io punish certain onenses therein na med. To amend an act entitled "an act to amend an act to' provide for the organiza tion of cities and incorporated villages," passed March 11, 1853. ' Making appropriation for the payment of an award of damage assessed to Geo. B. Holt, for property appropriated by the State for public use. ' i To provide for the payment of the claim of Andrew Severraan for services during the session of 1854. -; ; Supplementary to "an act to -regulate the election, contest of election, and the resignation of Justices of the Peace," passed March 11, 1P53. " Supplementary to "an aot to provide for the creation and regulation ol incorpora ted companies in the State of Ohio," pass ed May I. 1852. To provide lor the distribution of Cur wen's Revised Statutes of Ohio Supplementary to an act entitled "an act to amend an act to provide for the 'or ganization of cities and incorporated vil lages," passed March 11, 1853. To authorize supplying evidence of title to land, where the same had been lost or destroyed by accident. Concerning suits on the bonds of exec utors and administrators. ' To provide for -the distribution of docu ments to the publishers ot newspapers and periodicals in this bfate. , ;. ; ; To establish the Superior Court of Cin cinnati. . 1 -v To amend an act entitled "an act to pro vide for the creation and regulation of in corporated companies in the State of Ohio," passed May 1, 1852. and to repeal the act amendatory thereto, pissed March 11. 1853. . v..: ' Supplementary to an act entitled "an act authorizing the sale of lands granted by Congress tor the' support of religion within the Ohio Company's 'purchase passed March 3, 1834. ' - ' . - ,-.-. ' To amend the seventy-first section of the act entitled "an actio provide for the organization of cities and incorporated vil laEes,M passed March 1; 1852. ! : Regulating the publication of Ohio Re ports.': ' . m . .. , . l o amend the act to proviae ior tne maintenance and better regulation of com mon schools in the -city of Cincinnati, passed January .27,' 1853.. ' ' - To authorise the secretary of state to contract for copies of a new revised edition of Swan s Statutes of Ohio. To amend the act entitled "an ' aot to provide for draining ' and reclaiming the swamp and overflowed land granted to the State of "Ohio by act of Congress, ap proved September 28. 1852. - Supplementary to tne act entitled "an act to provide for compensation to owners of private property appropriated for the use of corporations, ' passed April 3U. 1852. . . - . To regulate the fees of Jutices of the Peace and Constables. ' ;'' To require the preservation of newspa pers, periodicals and pamphlets in the State Library. . - To amend an act entitled "an act aen ning the jurisdiction; arid regulating the practice of Probate Courts," passed IV1 arch 14. 1853. ' - -:..-; '-q.r . v Providing for the appointment of officers of the Ohio Penitentiary, fixing- their com Densation. tirescribing their ' duties,1 and determining the manner of working con victs. ' - ' ; " ' To amend "an act to provide for the or ganization of cities and incorporated vil leges," passed May 3, 1852;" and supple mentary and amendatory to "an act to provide lor the organization ol. cities and incorporated villages," passed "March 11 A. U., 1853. ' : ' . ; To regulate the making of cellars, ex cavations and foundations, r. : 4 To provide against the evils , resulting from the sale pi intoxicating liquors in the State of Ohio. -, : : :, " ' To amend the second section of an act entitled "an act for the surrender of the Warren Connty Canal," passed March II, 1853, and to repeal the said section. ; Authorizing county ' surveyors to ac knowledge" deeds and other instruments, and to administer oaths.1? ' " To amend the first section of the act en titled "an act to provide for the publication of the general laws in newspapers, and to reDeal the act therein named." passed March 11, 1853. ' i ' To amend an act entitled "an act to pro vide for the organization Of cities and in corporated villages," and the act amend atory thereto, passed March l; l$52.: i "To regulate the admission and support of pupils in the institution for the Ueaf and Uumb. "To amend the twenty-ninth section of an act entitled "an act for the incorpration of townships, passed March 14, 1853. To amend section five of an act entitled "an act to amend an act regulating the or ganization 'of courts of justioe and their power and duties," passed March 14, 1853 , To amend the 6 1st and 77th sections of the act entitled Van act to provide for the organization of 'cities , and incorporated villages," and the Sth lection ol to act entitled "an act to provide' for the organi zation of cities and incorporated villages," passed March 11, 1853. Supplementary to an aot entitled "en act to provide (or the recording of town plots," passed March 3, 1831. lo amend the act entitled "an act to enable the trustees of colleges, academies, universities and other institutions for the purpose of promoting education, to become bodies corporate." . To enable any person to designate an heir at law. . To amend the act entitled "an act pre scribling the duties of supervisors, and re lating to rpads and highways,"' passed rebruary 13. 1853. To amend an act entitled ".an act to pro vide for the organization of cities and in corporated villages," passed May 3, 1852, and the act amendatory thereto, passed March 11, 1853. To amend an' act entitled "an act pre scribing the duties of county treasurers," passed March 12, 183i. To authorize the acting commissioner of the sinking fund to sell certain lands conveyed to the State of Ohio by A. A. Bliss. To prohibit the circulation of foreign bank bills of a less denomination than ten dollars. To amend the first and third sections of an act entitled "an act to authorize the construction of a turnpike road upon the unfinished part of the Cumberland Road in the State of Ohio," passed March 14, 1853. ' To regulate the fees of sheriffs and ap praisers in certain cases. Supplementary to the acts entitled "an act to provide for the organization of cities and incorporated villages, passed May 3, 1852, and "an act lo amend the act entitled an act to provide-for the organiza tion of cities and incorporated villages," passed March 11, 1853. To provide for the erection of a rnonu ment io the memory General Simon Ken ton. Amendatory of an act entitled "an act for the relief of the poor." To provide for the distribution of Swan's lieviseu Statutes of Ohio To make it the duty of county auditors to levy extra taxes tor road purposes in certain cases Supplementary to "an act to provide for the creation and regulation of mcorporat ed companies in the State of Ohio," pas sed May 1, 1852. To provide for the payment of Harvey Ferguson's claim for services during 32 days ot the session of 1854, as postmas ter to the House of Representatives Authorizing the trustees of townships to establish water courses and locate ditches in certain cases To regulate the agencies of insurance companies not incorporated, by the State of Ohio. Authorizing County Commissioners to grant further time for the completion of free turnpike roads, and paying for the same. To extend the jurisdiction of justices of the peace in civil cases, and to amend sections four, five and' seven of the act entitled "an act of the jurisdiction and procedure before justices of the peace and of the duties of constables in civil cases passed March fourteenth, one thousand eight hundred and fifty-three. To provide for the purchase and distri bution oftSelgefs TaxTsbterTor 'tiieTise of Auditors offices in Ohio To authorize manufacturing companies to increase their capital stock in certain cases.' " ,r" ' ' To amend section forty-nine of the code of civil procedure of the State of Ohio Supplementary to the act entitled "an act defining the jurisdiction "and regulat ing the practice of. Probate Courts," pass d March 14, 1853. and to amend said act To" amend the "act to re-organize the Benevolent Institutions ' of the State o Ohio.'' passed April 28, 1852, and to re peal section seven of said act. To abolish the Criminal Court in the county of Hamilton, and to transfer the unfinished business of said court to the Court of Common Pleas in the first dis trict. . ' ". To prevent the adulteration of alcoholic iquors. ' To amend an act entitled "an act to provide for the organization, supervision and maintenance of common schools. passed March 14, 1853 ' f urther prescribing the duties ot coun ... .- a ty treasurers, and to provide for the collec tion of delinquent taxes. "" - To amend an act defining the powers and prescribing the duties of the Board ot Public Works, passed February 28, 1852 To authorize the Board of Public Works to sell the lands belonging to the State o Ohio, lying near the Meroer county reser voir, in the counties ot Alercer and A laize. " - ' ' ' . '' ' .; To regulate the fees of Clerks of the Courts of Common Pleas. "' - : To abolish the office of Commissionei of. the State Land Office ; at' Defiance,' to provide for the sale of lands to actual set tiers at said office, and to create the office of Land 'Agent. " To amend "an act prescribing the du ties ot County Treasurers," passed March 12, 1 831, and to repeal section thirteen of said act. ' .;;'v.': -'! ;'V': '' To amend an act entitled "an act to provide for the organization of cities and incorporated villages," passed May, 3, 1852. ::; - ; '' ' Authorizing the Board of Publio Works to lease the National Roard to the highest responsible bidder. :1 ': ' ; ' - '.- Supplementary to "an act to regulate the election, contest of election and re signation of justices of the peace," passed March 11. 1853. ;t ' ' : : Supplementary to and' amendatory, of "an act to create a sinking fund for the payment of the principal and interest of the public debt of Ohio, passed Maroh 14. 1853, and to repeal certain sections of said act, and to amend the 8th section of the act entitled "an act to define the du ties of the commissioners of the sinking fund.' 'passed April 19. 1852. : To 'authorize turnpike road companies to subscribe to free turnpike roads in cer tain cases. ' ." ': . '. . Supplementary to an act to provide for the organization of cities and incorporat ed villages. : -' ' ' ' - Supplementary to ari act to provide for tne assessment and taxation of all nron erty in the State, and for levying taxes tnereon according : to its true value m moneypassed April 13, 1852. 5 - . Supplementary to an' act entitled "an act;to prohibit unauthorized banking and the circulation of unauthorized batik na pr( n March IS, 184i, Making appropriations for construction, repairs, superintendence and expenses on the 'public works, of Ohio, for the years one thousand eight hundred and fifty-four and one thousand eight hundred and fifty five. '- v -': -.1 ' ' .': ' Making appropriations for the payment of principal and interest of the public debt of Ohio, for the years eighteen hundred and nlty-four end eighteen hundred and fifty-five, and levying taxes for said pur poses upon the grand list of the State. io fix and provide for the terms of the district courts in the fourth circuit, being composed of the eighth and ninth oom- mon pleas districts. Making appropriations for general reve nue purposes for the years 1854 and 1855. Answers to Questions on the School Law. , House of Represetatives, Columbus, April 20, 1854 Mr. H. II. Barney: I have recently re ceived a communication requesting me to obtain your opinion whether it is impera tive upon the Township Boards of Educa tion to levy a tax of two mills upon the township, for the purpose of continuing the schools seven months; and what the pent alty is for neglecting it. You will confer a favor up oh me by answering this. ' lours, truly, James M. Maitland. Answer. In section 63 of the new school act. it is declared that "for the pur pose of affording the advantages of a free education to all the youth . of this State, there shall be levied and assessed, arinual- y, two mills (now one and a half mills) upon tne dollar valuation, on the grand ist of the taxable property of the state. In the last clause of section 24. it is also declared that "each Township Board ot Education shall make the necessary pro- visions for continuing the schools in ope ration in their respective townships for at least seven months in each'year." Section" 22 points out the way in which Pownship Boards of Education are to make the provision aforesaid. The lan guage of the section, so far as it relates to this sutject. is "It shall be the duty of the Board of Education, in any organized township of the State, annually to deter mine by estimate, as nearly as practicable, the entire amount of money necessary to be expended in the township for school purposes other than for ; the ; payment ol teachers, (meaning, oi course, the cost and expenses of purchasing or leasing school house sites; bu Iding, repairing or furnish ing school houses; providing fuel, &o.,&c.;) and, also, such additional amount as the Board may think necessary, not exceeding two mills on the dollar valuation of the taxable property of the township, for the purpose of prolonging, after the State funds have been exhausted, the terms of the sev eral sub-district schools in the township; which several amounts of money so esti mated, the Board shall make known by i certificate in writing, onor before the first Monday of June in each year, to the Au ditor ol the proper county, who shall there-. upon assess the entire amount ol such es timates on all the taxable property of the township, not included in any city or in corporated village, or territory annexed thereto, forming any special district," &c, O20. '' - ' ' From the foregoing, it is obvious that the duty of Township Boards of Education to make provision for keeping the several sub district schools In their township in session at least seven months in each year, is as imperative as any other requisition of the School Law; and if a two-mill town shit levy be needed for this purpose, it is the duty of the Township" Board to so estimate and certify to the County Auditor; and if they neglect to do so, a writ of mandamus may.be issued at the instance of any in habitant feeling himself aggrieved by such neglect of duty on the part of Township uoarus. '.' - It is hoped, however, that no such ne gleet will occur, as would be a disparage ment to the inhabitants of the township, and reflection upon the members of the Board who should thus neglect or disre gard their duty and their oaths of office. I' regret to state that in numerous in stances, Township Boards of Education have mistaken the requirements of the law in another respect. I allude to the first clause of section 22, which requires that all. expenses for fuel, for repairs, for school furniture, and the cost of all school-house sites, and of school-houses, should be as sessed on all the taxable property of the township. The bove requirement should not be, must not be disregarded, except for the reasons stated in section 23. ; For the general rule is, that all the expenses men tioned above, shall be assessed upon the property of the township, and not upot the property of particular sub-districts, 1 he assessment upon the property in each sub-district of its own expenditures is not only not according to the intent and meaning of the law, but it is exceedingly annoying to County -Auditors to make so many special assessments. Section 23 does not contain the rule of assessment for all school expenses other than the payment of teachers. Section 22 contains the rule and section 23 contains the exception to the rule; and this exception should not be made but for the reasons set forth in said section 23. ' It is believed that the law would have been better without this section than with it, aa it leads to a misapprehen sion as well as a mal-administration of the law. It was incorporated into the law for no purpose than to prevent an abrupt Iran sitition from the district to the township system, and to avoid exciting too strongly the preitldices which usually - spring u against the township system before its ad vantages are fully known and duly appre ciated. - ..- ; -v.-. i n II. H. BARNEY. - ' ' -' - Com. of Com.' Schools ' The Sea Giving up Its Dead, Reports: from Absecom and Barnegat Beach state that several bodies nave been washed ashore there, in addition to those already recovered from the' wreck, bf 'the ill-fated Powhattan, but so far advanced In decomposition as to defy identification Twelve bodies have been interred at Smith villei twenty-eight at Mariah'awkin. nine at Abseoom, ana twelve at Lieeaavi ie.:;v. . " There were on board 'the' Powhattan three hundred and eleven passengers ah twenty-nine of the crew making in three huhdred and forty souls, not one of whom escaped. the fatal wreck. Not quite half the number baves yeibeenToond. " A letter from Mar.ahawkin, dated Sun day , says: "Capt. Jennings states that the body of a lady has been found on the point of the beach at Little Egg. Habor. It was so far decomposed .and ; so ( badly eaten, that recognition would i impossible.' : Congressional. Washington.1 May 1 . tit . - - Senate. Mr. Slidell offered a resolu tion directing the Committee on Foreign ltelations to inquire into tne expediency of authorizing the President, at any time uring the recess of Congress, to- suspend the act of Congress preventing expeditions from leaving the United states , against foreign countries. He spoke on the in terest of the' United States to prevent the ame. v-; ' After Mr. Slidell had concluded, Messrs. Wade, Seward and others opposed the resolution, and it was finally referred to lie Committee on Foreign Relations,, ' The Indian Appropriation Bill was ta ken up, and pending a discussion on sev eral amendments, the Senate' adjourned. Washington, May 2. Senate. The Indian Appropriation Bill was taken up, and the amendment making ppronriations for California Indians was debated at length, and the whole subject f the proper policy in respect to the in- dians discussed.- ine. amendment was adopted, and the Senate adjourned. House. Mr. Richardson gave; notice. that early next week he would endeavor to bring to the attention of the House, the Nebraska and ; Kansas: Bill. , He did -not wish to steal a march; on members, and therefore made this announcement." Mr. Wheeler, asked leave to - submit a resolution authorizing the . Secretary of the Navy to send steamers in search of he missing . steamer City of Glasgow. Objected to. , - , ,, ,.t. -.. 1 he House passed the bill for the con struction of a road in Minnesota, and for the relinquishment of lands owned and claimed, by the Chippewa Indians in Minf nesota and Missouri, and for their do- niestiuation and civilization. ' - - -: Mr. Richardson, from the Committee on Perritories, reported a bill to authorize the people of , Oregon to form a constitu ion and Slate ' Government, and provide for its admission into the Union. . Re ferred to the Committee of the Whole. The House then went into committee on the bill relating to Territories; but with out concluding action thereon, the Com mittee rose.v . , ! . the speaker laid belore the Ilouse a communication from the President in re ply to a resolution asking information relative to the Rev, John Cook R.chmoud, Who complains of , hard usage; from the Austnans, in Perth. A letter m regard to the matter from the American Minister at Vienna, says the writer had reason to doubt the sanity of Richmond, who was lingering at Perth apparently for no other purpose than to continue his seno-comico warfare with the Austrian autuoriues. The House then adjourned. . 'V- ;: : i Washington, May ' 2 House (continued). Pending question was on n , amendment ottered , by Mr Disney, altering the. second. section so as to' read that "grants shall be given to-every white citizen, or every, white male over 21 years who has declared, his intention of becoming a citizen.4' i . -4 Gerrett Smith objected to inserting the word "white." ., :. J.. . - ,:' ' . ' Washington, May 3... Senate. Mr. Greer presented a pen tion from the Jews of Missouri in favor ol securing ' religious freedom to Americans abroad. .: ' ' .-: '. ,f i- : :. On motion, rules-were' Smended so as to allow any amendment to be made to appropriation bills intended to carry oui labilities resulting from any existing law or treaty. ' - -..: j--.. Senate resumed the' consideration ol the Indian appropriation bill." T ; ?l;' -A message was received from the Presi dent vetoing the indigent land bill.' Mr. Brown argued in favor ot tbe bill and replied to the PresidentVr8umenl House. Petition, from. - Boston was re ceived, in favor of establishing floating schools for the education' and training of seamen., .'i.'ti.v-T"'..-':"..! .- ": iT-'House"weot into Committee to establish post-offices and appoint a Surveyor Gener al in New. Mexico,, and to grant land to all actual settlers therein. " ; ' ' .-.. . ' .'..r.S.i f i . -'ll .. . .-. : ' -. ;: '; - Washington,' May Sii-i Senate. (continued. A long debate followed the reading of the President's veto. - -"-r-v-f , J '("; Mr. Douglas defended the message from the attack made On it by Mr. crown.' Mr. Jones "" of TenAesses asked 'Jir. Douglas how it was that he could oppose the bill giving land: for the benefit of ui sane.' " and vet be in -favor of the ' home stead bill!; :'' :'';! V "':::f "" "y ' Mr: DoUglas fefdsed to answer the ques tion. and' said when the lime came ne would show! that principal laid down in the message.' did; not conflict with the homestead bill : "; "., '.' ':' ' Mr.; Brown' expressed' his regret 'that Douglas would not explain how he recon ciled his opposition to the bill giving land tor the oenent or insane persons, wun in advocacy', of the fiomestead bill, which gives land . to" the' sane men; ' He . was afraid the Senator's reputation would sut fer and some persons would ' say it was because sane men-' could vote and insane men could . not.'that he favored one' and opposed the other. i: r ' ; ' -lJ ' ' Mr. Douglas ' replied tartly, and after further debate," pending a motion to print the message, the Senate adjourned. - '"r.fT.i:';-"- Washingtonv May 4 : ; f " Senate Various petitions were "pre sented .against the repeal of the Missouri Comprohiise. Mr. Summer presented a memorial ' from citizens of Missouri ; and Wisconsin ' on the subject - of spiritual manifestations? and asking for its investi-, gation ' by a select committee. Laid on the" table.'. : ' '-" ' Mr. Johnson prefehted a resolution call-, ing ; fof the report of the ' exploration of the" North 'Pacifio adopted. A motion was made ; that 000 'extra copies of the President veto trtessage be printed. "Mr. Gwin mo ved that the subject be postponed until next Monday."';; f'''f'': ;' HousE.-The: House' again' went sinto committee on the territorial business bill, establishing .a Surveyor General's office and guaranteeing donations to actual set tlers' in territories where the' land is not taken Up. '''''. ''., ;'"! .''' "',';; " On motion of Mr. Disney, the first sec tion was 'amended so as to read thus, "that grants shall be" given "to'every white citizen, or every white male over 21 years who' has declared his intention 'of becom ing a citizen.'rand who; IsiW a -resident of. said';Territory, 'or.whoi' 'prlor': to' Jan uary 1 it," 1855 ihitll Mraove ta tod set- e in said territory and continue to re- idethereon, of 160 acres .of land on condition of actual settlement and culti vation for not less than- four years." Mr. sBernnizei moved to strike out th proviso that the ben fits of the act shall not be extended to any person who shall. now or at any time hereafter, be the hus band of more than one wile. - - debate followed. ' -r - . - - tj i t "t The Ward Trlit ft We extract the followinrstatsinint ia relation- to this case from the LouisvilU Democrat. I f.. -I fi '. .tiH-i i ' After all the efforts of counsel for thr ooused taking the case'aalhe -deTefiMr - aye tried to make M out, and Uls murderr by the law and by the common -sense of mankind. The accused prepared the means of prepetrating the deedf he bought two pistols; took bis brother with- bun r' armed with in large dirkknife entered ther school-room; commenced with violenf anil insulting language; refused a IT pei arable explanations? and pronounced Butler at scoundrel, and a coward, . -The deoease'd. hey aay, struck him, and was immediately shot down by a pistol, which the aoouseil ad up to this moment in his pocket., with bis hand upon it. ' This is their own snow- ing, and it is muraer. jdui ; even inis r not true. ' Ward not only sought and pro voked the con Act; but struckahe first -blow. . This is the , statement of eye-witnesses, and the dying testimony of the deceased. r The pretext that' the5 latter ; Irnc.lc first i unnrtrtAd "'onlv bv the 'lto- - torious Barlow, whose, testimony fis be-" iieved by no body, and. by Robert - Wardr whose own hie depend on nis brother s acquittal. ""' '-' What the defense have to allege; ! now luny : developed. Leimem leuineir own story, and here it is:- The, socussJ . a a w . '. II -I j ' prepared himself to go to Butler's school room, to settle a matter with him; tie pur chased two pistols and had them loaded. put them in- his- pocnet. and thus equip ped, he was ready; he goes in preferenoe to his father,- because he is of - the am age with Mr. Butler; his mother, says,. . Matt, be calm; ; he replies' I tm calm; nis mother insists that he ' should take' his brother Robert along- (who always ear ries arms,-as he testifies himself;)-he ssys there is no . danger Mr. Butler is a just man; I have only to ask an explanation, and he will give it. He starls'on his' fatal errand, on the way he tells Robert "tibt to interfere unless Mr. Sturgus should -do so in : behaii . ol .- Mr. cutler; ; ne - enters- tne school house,' calls Mr. Butler put of his , recitation room, and asks a question m an imperative tone and manner; he 'Is.' invited by Mr. Butler -into his1 recitation room, for lull exilian at on. and refuaeaia go. If you wiU not, answer me that ques tion, answer me another, says Matt. Ward and proceeds in an excited, anu insuiung manner to propound it. with a demand for an apology, he then denounces Mfi. tim er as a scoundrel -and a liar, in the pre sence of his own school boys. , s " Just here the eve-witnesses say. Ward added a blow to the .nsult, and that But ler sprang toward 'Ward; with his hand. which was proved to be a lame one and incapable of inflicting -an injury, ; upon Ward s right shoulder. One lad, who- had a fair view of the parties," said that at the ' same time' Butler aimed to'crasp- Ward's right hand with his left. Robert Ward, indicted as accessory in the crime it allowed to. . swear. , and rf testifies, that Dutler .struck his brother twice, ana alt agree that at the instant almost the pistol was ' discharged,' and Butler fell morfilty wounded. ; The weapon-was -coneealed. and every lad in the school called to tes tify agrees that Matt Ward held, hi hand in his pocket, and never took it out until ne drew out me pistol anu nred. l ake Robert Ward's statement in all this where- ever he differs 'with the others, land you have the; case-.upon - which a. 4 worn. Jury are asked to acquit the .accused. . . Was ever such presumption known "since jibe d ays of Adam ? A man ' enters his neih "" bor's bouse;' makes insulting demands -ia insulting tones,' denounce him, eeore.his own . family as a liar and .sooundrel. ljia neighbor strikes him and .undertakes to eject the ruffian from his house " after, he has onered an explanation, and .is Shot dead with a weapon bought loaded," ant) prepared for the' occasion, T All "this is confessed and upon this the' accused esk- led an acquittalM V'1- ;4HrVtrii f-t. , Success in Banktn. . Under the beading of'TJoprecedesied Success in Banking' the Rochester Union, remarking upon the business of the Corn- Mnercial Bank of that city a; bank with $830,000 capital remarks that it will, ia addition to the Vegular dividend, divide fifty per cent among h' stockholders on the first of July next. tottoiu year past this bank has divided regularly twenty per cent per annum. ' But its prohta havsi. ao-. cumulated to such an-extentv notwithstand ing, that there wiU be a surplus of , fifty per cent by July.. The Union thinks that this shows a measure of financfal. prosperity which is, perhaps, unequaled in tow history of banking.- !:u .-r!;;'i i N .iu-Jtit t " Now, as banking is regulated by atatuta the price of money .being fixed, we sup pose, at the rate of six per oeat sotpas plnn and unsophisticated man : might possibly wonder how an honestly conducted institu tion can clear twenty oer cent. and. at lka same time hide away enough to increase it to fifty ! s.aj-iv.'sia -'stt a We have just such success in the Ohio banking institutions success reached by the same means means only needing the ban of a law to stigmatize them, in.tha timation of every honest man, as littb Ian than fraud . and larceny. .'Chey plead ike authority of law, too-in these illegitiawate uses of a paper money fiction ,andU.ara most active-and busy in imploring the pro tection of law, when the legislative newer, demanded by the voice of the communily, whom they are thus plundering, intetfarea to restrict their power, or to compel dkem into a slight compensation in retora fer tile great. value they derive.frointhei sMtcI l.l'a. f m.lliaa ikala AMMa'.lla.'aaaa ourreiU as inosry. Cm. ijsf.'. i J. ,rin '!' i I, ii .' ' i i ' L .i i i uu' icrtes it (Kr The plan which is felt when we ara first transplanted- from our-native soil, when "the living branch is out "from lha parent -freer is the most poignant whieh we have to endure -through life.':,. There are after-griefs which' wound more opyt which leave behind them soars "never to be effaced, which bruise., the spirit; and sometimes break the hearth bufaerWr do We feel so keenly -the !4W',ill.1o'tti;, necessity" of being ' loved, arid'Uh,a Ifebka of utter desertion as wheu.oua. 'first leavea the heaven "of home','4 and s, ' as' h '1 weis, pQibid off upon the rtia;f KW