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flf;.$)em0crac2; LAWS OF OHIO. FUBLISIIED BY AUTHORITY. (No.188.1 v . AN ACT To provide for the election of township asses , sors, and to prescribe their duties. Section 1. , Bt it enacted by the General At tembly, of te . State of Ohio, That in each township, town or ward, in this state, forming ao election district, there shall be elected, on the- first Monday of April annually; by the qualified electors of such township, town or ward forming an election district, one assessor for snob, township, town or ward, or part of a townehip not included in any other election district. Soc. 2. Each township assessor shall give lonA and take the prescribed oath of office on or before the first Monday after his election, and the township clerk shall notify the coun ty auditor thereof; and if the county auditor shall receive no notice of the qualification of t lie -assessor, in any township, ward or city in b county; on or before the third Monday in April in each year, he shall consider such office, yacaat- or if there should lie a failure to elect by the people, or shall be at any time. or from, any cause, a vacancy in the office of assessor, or if the Assessor of any township or ward, having qualified, shall not have proceed ed to, the discharge of the duties of his office before the' third Monday of April in each year, the.. county auditor shall forthwith appoint one or more BUitable persons, residents of the -county, to discharge tho duties of assessor in such, township or ward, who shall thereupon take the neoessary oath of office, give the same bond, perform the same duties, be entitled to the same fees, and subject to the same lia bilities, as in case of assessors elected by the people, Seo. 3. Every such assessor, previous to entering upon the duties of his office, shall give Lead, with two or more freehold sureties to. the acceptance of the township trustees or preper authorities of any city or incorporated village, payable to the slate of Ohio, and con ditioned for the faithful and impartial dis chare of the duties of his office according to law; and shall take and subscribe an oath of office, which shall be indorsed on such bond ana the. bona, so indorsed snail be deposited with, the township treasurer, or town or city treasurer, as the case may be. In case of an appointment by the auditor, the bond may be approved by the auditor or the township trus tees or authorities of any city, town or vil lage. Sec. 4. Each assessor as aforesaid shall, daring such year as is now required by law, take up an enumeration of all the white male inhabitants above the age of twenty-one y9j whose usual place of residence shall be in: any family in. his township, and who are residents of the township,' town or ward on the day proceeding the second Monday of April, and shall make out a list of the names of said inhabitants, and return the same to the clerk of the court of common pleas on or before the third ; Monday of May of the year wherein such enumeration is taken. Bee. 5. It shall be the duty of each town- shin assessor, at the time "of taking lists of property for taxation in each year, to require each person in their several townships to make . a statement specirying me number oi acres they may have had in wheat, rye, barley, corn, buckwheat, oats and meadow,' and the quan- tity of each produced in tach preceeding year; and said assessors are hereby required to make a return of the aforesaid statement to the county auditor of their - respective coun i i .i i . 1 1 i . lies at tne lime oi returning iu usis oi prop erty for taxation. ' ; ; Sec. 6. Each assessor as aforesaid shall make a list and valuation of all taxable prop erty tri his township, ward or district, now or . hereafter taxable by any law of this state, and '. discharge all Buch other duties as shall from wllie to liuiv v& iuiuuocu uuvu iiiiu vj law. Sbc7. "Assessors in cities of the first class shall be paid, out of lliexnnty treasury, two dollars and fifty cents per day,' and all other assessors two dollars per day, for the time da 'ring which ther shall be neoessary engaged in the performance of their duties; each asses- ' ..li . : - . i j .n : i SOr snau mue oat m account m ueiuu, giving the date of each day in which he shall have been thus engaged, and shall verify the same 'by h-is oath, which the county auditor is here . by authorised to administer; and if the auditor 'shall be satisfied that such account is correct, he shall draw his warrant on the county treas Spirit v- urer for the amount thereof; bat in no case ' shall 'suoh, order be drawn until the assessor shall have filed with the auditor his list of assessments, accurately made out, and added I bp the statement returned to him, and the j books On which the original assessments were , entered.' " ,;'' Bee. 8. ' The act entitled "an act to create the office of township assessor," passed March .e20, 1841,',' and which took effect April 1st 'and August 1st, ' 1841,- and section one of an ' act reeulatimr the mode or taking tne enu meration cf the white male inhabitants aboe the. age of twenty-one years; ' passed January 10,. 1827, be and the same is hereby repealed provided, that the repeal of the aforesaid acts shall In no wise effect any liabilities or rights accruing under them. - : ' See. 9. Thu act shall take effect from and 'after its passage. " .. WILLIAM B. WOODS. Speaker of the House of Rep's. !. if MARTIN WELKER, l.-.i-.u; i President of the Senate April 4,1859. i : No. 195.1 ; AN ACT To amend Sections Six (6). Fifteen (15), Twen " ""ly-flve (25) and Twenty-Seven (27), of the -act to further provide for the Better Regu r"3r'atibns of ' tho Receipt, Disbursemnt and "!,v,:e1e' Keeping of the Public Revenue," pass. -"1 d April 13, 1858. ; a ; " - Section 1; Be it enacted by the General At- ''tembly of the State of Ohio, - That section 6 of "''the act, entitled "an act farther to provide for " ' - the better regulation of the receipt, disburse " inent and safe keeping of the publio revenue," passed April 12,-1868, be so amended as to read as follows: Seo. 6. The Treasurer state shall, on presentation, pay all warrants drawn on the - treasury by; the auditor n tate,"'dnly certified and countersigned by the ''Comptroller,' when there are . funds in the 'feairury belonging to the particular fund on which the said warrant is drawn, in the man ner wresoribed in section thirteen of the "act '' to" establish the 12, 1858; and on payment of " the Same, he shall take the receipt of the per- . "on presenting the raid warrant and entitled to receive such payment, on the face of such '-.warrant, and in fnll for the amount specified .Ki therein; and the treasurer shall write on the face thereof the word, "paid," which warrant, "rr.-when so paid and cancelled, shall be number .:edin the order in. which it is paid, and he c hall record the same in an appropriate book ri kept for that purpose, and file the same in his t office,' as bis vouoher for so much money paid .-ut, and shall credit himself with the amount Of the warrant paid, in his account against the c I particular fund appropriated, and for which he uMjm oharged himself, as herein provided, so as luniMDin exact aeoit uu uraui wwvuut vi leach, particular fund in his office. Vj l!f,i.r8eo..-2.iJThat ( section fifteen (15) of the ?ju aforesaid act be so amended as to read as fol-t-r, Jowsr Bea. 15. It is hereby made the duty ft '".'of the auditor and treasurer of each and every id eeunty in this state, conjointly to make out hni eause to be published in at least one news- jpaper'of general circulation in the connty in and Sot which thejr are such auditor and treas ' nrer, a statement of the exact amount of mon ey existing in the tieasury of such county at the dose of the last business day in tach of the months of February and August in every year, and oftener if the commissioners of the county shall so direct; particularly specifying in such statement the amount belonging to each particular fund, together with all other property, bonds, securities, claims assets and effects, belonging to the county, in the custo dy or under the control of such treasurer. Such statement shall be signed by said county treasurer and said county auditor; and the ex pense of such publication shall be paid out of the county treasury on warrant or warrants drawn by the county auditor, particularly specifying the same: and if at any time it shall be found that such statement was untrue or false in regard to the amount of money and other property then on hand and in the treas ury, and said treasurer and the said auditor making the same, shall, without regard to lapse of time, be held to be guilty of a breach of trust and high misdemeanor, and on trial by indictment, and conviction thereof, before any court of competent jurisdiction, shall be sentenced by the conrt before which such trial and conviction shall be had, to the same pun ishment as is provided in and by the act here by amended, or by the "act to establish the independent treasury of the State of Ohio," passed April 12, 1S58, or by law for the pun ishment of embazzlement. Sec. 3. That section twenty-five ( 25) of the aforesaid act be so amended as to read as fol lows: Seo. 25. All costs and expenses of the safe keeping and disbursement according to the requirements of the act hereby amended, and of the act to establish the independent treasury of the state of Ohio, of the public money belonging to the several counties or townships, shall be paid by the treasurer of the proper county, under the supervision of the county commissioners and county auditor of such county, by the warrant of the said audi tor, drawn on the treasury, and certified by said commissioners as to the object for which it was drawn. And any failure, or neglect, or refusal on the part of any connty treasurer to provide specie for the payments of specie out of his treasury without unnecessary inconve nience or trouble or individnal loss or expense to the tax payers in the manner prescribed by the fourteenth (14) section of the act entitled "an act to establish the independent treasury of the State of Ohio," passed April 12, 1858, shall be deemed and held in law to be a misdemeanor, and on his trial and conviction thereof,' ty indictment before any court having competent jurisdiction, he shall be sentenced for each such offence to pay a fine of not less than twenty dollars nor more than five hundred dollars. And each county treasurer shall make a settlement with the county commis sioners and county auditor of his county semi annually, as provided by law; and he shall be allowed for his services, two and one half per- centum on all moneys by him received, and two and one-half per centum on all moneys by him paid out during the preceding half year, where each sum so received or so paid out shall not exceed fifty dollars; and on all sums, so received or so paid out, exceeding one hundred dollars each, one and half per centum; and on all sums, so received or paid out, exceeding one hundred dollars and not vxceeding two hundred dollars each, one per centum; and on all sums, so received or paid out, exceeding two hundred dollars and not exceeding five hundred dollars each, one half of one per centum; and on all sums, so receiv ed or paid out, exceeding five hundred hollars each, one quarter of one per centum for receiv ing into,' and one quarter of one per centum for. paying out of the treasury as aforesaid, hereby expressly excepting that which may be collected on the tax duplicate, and that collected for taxes on delinquent or forfeited lands, by Bale of such lands or otherwise; and excepting also that on which some other rate of . compensation is fixed by law. And said treasurer shall be credited with the sum by him paid for printing such advertisement as he is required to publish in some newspapei, and with the sum by him paid for blank books and stationery necessarily used in bis office, provided, that no per centage shall be allowed to the treasurer or any money by him receiv ed from his predeoessor in office, or from the legal representatives of such predecessor. . Seo. 4. - That section twenty-seven (27) of the aforesaid act be so amended as to read as follows: Sec. 27. The county 'commission ers of each county in this state, are hereby required to ; provide, as soon as practicable after the passage of this act, all such rooms or. offices, and construct such fire and burglar proof safe, and other means of security, in the office of the county treasurer in the public buildings of, each county, as may be needed by the countV treasurer for the perfect pro tection and safe keeping of the money therein. andlf any. County commissioner or county c6amissioners of any countf jn this state shall fail, or neglect, or refnaeTto nrovide nd tarnish the county treasurer of eir county, sucn nre prooi ana Durgiar prooi saie or vault, for the safe keeping of the publio money therein, as the said treasurer shall require or demand in writing, any such commissioner or commissioners, so failing, neglecting, or re fusing to piovide the same, shall be held in law as guilty of a high misdemeanor, and on trial and oonviction thereof, before any court having competent jurisdiction, shall be seve rally fined, for the use of the county, by the court before which such trial and conviction is had, in any sum not exceeding one thousand dollars, nor less than one hundred dollars, with costs of ptjpsecution, at the discretion of said court, for each such offense; and the said county commissioner or commissioners, so failing, or neglecting, or refusing to furnish the same, shall moreover be held liable on his or their official bond, and also in his or their private capacity, to pay for the use of the county, for all amounts of property that may be stolen, robbed, or unlawfully taken from such county treasury during the time be tween the period when such requisition or demand shall be made by any such treasurer, and time when such vault, safe, and other means of security, may be furnished to suoh treasurer by such commissioner er commis sioners. . . . 1 I Sec 5. That the original sections six, (6) fifteen, (15), twenty-five, (25), and twenty seven, (27), of the act hereby amended, and section thirty-one (31) of the act; entitled an act prescribing the duties of county treasu rers, passed Afarch 12, 1831, and took effect June 1, 1851, be and the same are hereby re pealed: provided; the repeal of the said sec tions of said act shall not affect any rights acquired under them or either of them, or af fect any . liability: civil or criminal, growing oat of, or arising under, said sections of said acts, or either of them, or the prosecution of them to final judgment, agreeably to the law heretofore existing. Sec, 6. That this act shall take effect and be in force on and after its passage. . -WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, ' ' ' ' President of the Senate. April 5,1859. No. 187. AN ACT. To provide for the sale or lease of estates tail in certain cases. Seotion 1. Be it enacted by the General At eembly of the Slate of Ohio, That it shall be competent for the courts of common pleas of this state, on application of the first donee in tail, 6r for life, to authorize the sale of entailed estates, andj estates for life, with remainder over to anV other person or persons, when sat isfied that the sale would be for the benefit of tho applicant, and do no substantial injury to the heirs in tail, or others in successionre verson, or remainder. 'l ' ' Seo. 7. .The petitition shall contain a de scription of the estate to be sold, a clear statement - of the interest of the petitioner therein, and a copy of the will, deed or other instrument of writing by which the estate in created. All persons in being who may be in terested in the estate, or who may, by the terms of the will, deed or other instrument creating the entailment, thereafter become in terested therein as heir, reversioner, or other wise, shall be made parties to the petition; and if the names of any persons who ought to be made parties are unknown to the petitioner, or if the residence of any such party is un known to the petitioner, the fact shall be ver ified by the affidavit of the petitioner, and the sale may be ordered notwithstanding such names and residences may be unknown. The same notice shall be given to defendants of the application for the sale, as now is, or may hereafter be required in cases of petitions of administrators for authority to sell real estate for the payment of debts. Sec. 3. If, upon the hearing of the petition, it shall be made to appear to the court, by satisfactory proof, that a sale of the estate would be for the benefit of the first donee in tail, or for life, and do no substantial injury to the heirs in tail, or others in succession, re version or remainder, the court shall direct I sale of the estate to be made, and the manner thereof; and shall appoint some suitable per son or persons to make the same; and such sale shall vest the estate sold in the purchaser freed from the entailment or limitation over. Seo. 4. All parties in interest may appear voluntarily and consent, in writing, to such sale, and testamentary guardians, and guar dians appointed by the court of probate, may assent in the place of their wsrds to the sale. Seo. 5. All such tales shall be reported to the court authorizing the same; and if, on ex amination thereof it shall appear that such sale has been fairly conducted and made, and that the price obtained is the reasnoable val ue of the estate sold, the court shall confirm the sale and authorize and direct a deed or conveyance of the premises sold to be made to the purchaser or purchasers on payment of the purchase money, or on securing the pay ment thereof, in such manner as shall be ap proved by the court. Sec. 6. All moneys arising from the sales nnder thi3 act shall for purposes of descent, succession, reversion, or remainder, have the same character, and be governed by the same principles, as the estate sold, and shall pass, according to the terms of the deed, will, or other instrument creating, the estate. Seo. 7, Monies arising from such sales shall, under the direction and approval of the court be invested in the certificates of the funded debt of this state, or of the United States, or in bonds secured by mortgage on unincumbered real estate, situated in the prop er county, of double the value of the moneys secured thereby, exclusive of buildings and other improvements, and of timber, mines and minerals. The court shall appoint compe tent trustees to invest the moneys aforesaid, and manage the same, shall, from time to time, report to the court their proceedings and the condition of the fund; and the court shall require of such trustees security for the faithful discharge of their duty, may, from time to time, require additional security, and remove tach trustees for cause shown, or rea sonable apprehension thereof; may accept the resignation of a trustee, and fill vacaney by new appointment. Seo. 8. The net income accruing from sales authorized by this act shall be paid to the per son or persons who would be entitled to the use or income of the estate were the same unsold; and all taxes, and the exrenses of the investment and management of the fund shall be paid by the person or persons entitled to the income thereof. . Sec. 9, Upon like proceeding, as herein before authorized, the court may, in their dis cretion, authorize and direct that snch estates be leased tor a term oi years, renewable or otherwise, as may appear most beneficial, and upon such terms as may appear just and equitable, the rents and profits to be paid to the person or persons who might otherwise be entitled to the use and occupancy of the es tate, or the income thereof. Sec. 10. The costs of the petition and sale, or lease, shall be paid by the person or persons entitled to the income aforesaid. Seo. 11. This act shall take effect on its passage. WILLIAM B...WOODS, Speaker of the House of Representatives, MARTIN WELKER, "" President of the Senate. April 4, 1859. I No. 204. AN ACT. To amend "An act to provide against the Evils , Resulting from the sale of Intoxicating li quors In the State 01 Ohio," passed May 1 1834. Section 1, Be it enacted by the General At tembly of the State of Ohio, That sec. five of the act to provide against the evils resulting from the sale of intoxicating liquors in the State of Ohio, passed May 1, 1854, be amended so as to read as follows. Sec. 5. That it shall be un lawful for any person to get intoxicated, and every person found in a state of intoxication shall upon conviction thereof, be fined in the sum of five dollars, and pay the costs of pros ecution. Sec. 2. " That section eight of the same act be ame'ided so as to read as follows . Seo. 8. That for every violation of the first, second and third sections of this act, every person so offending, shall forfeit and pay a fine of not less than five nor more than fifty dollars, or be imprisoned in the jail of the county for not less than thirty days, or both of them, at the discretion of the conrt, and shall pay : the costs of prosecution, and for violation of the provisions of the fourth section of this act, every person convicted as the keeper of any places declared therein to be nuisances, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars, or be impris oned in the jail of the county for not less than, twenty nor more than fifty days, or both, at the discretion of the court, and pay the costs of prosecution, and such place or places so kept by such person or persons bo convioted, shall be shut np and abated npon the order ef the court, before whom such conviction may be had, nntil such time as such person or per sons keeping such place or places, shall give bond and security to the acceptance of said court, in the penal sum of one thousand dol lars, payable to the state of Ohio, conditioned that he or they will not sell intoxicating li quors contrary to the laws of the state, and will pay all fines, costs and damages assessed against such keeper or keepers, for every vio lation thereof, and in case of a forfeiture of such bond, suits may be brought thereon for the use of any person interested, or for the use of the county, in oase of a fine, or costs due such oounty; . provided, that the provis ions of the first and second sections of this act, shall not extend to the sale of the wine maufaotured of the pure juice of the grape cultivated in this state, or beer, ale or cider. Sec. 3. Sections five and eight of the act of which this act is amendatory, are hereby repealed; Provided, that such repeal shall in no wise effect any liabilities civil or criminal incurred under the said sections bo repealed nor any proceeding under them. ' Sec.4. This act to take effect and be in force from an after its passage. - WILLIAM B. WOODS. Speaker of House of Representatives. . MARTIN WELKER. President of the Senate. April 5,1859. "vi ,'.'.' , - . No. 205. AN ACT To amend the .second section of an act entitled : Au act to constitute the county of Hamil ton separate district for the lunatio asy- InnpuipoBes, and to provide for the erec tion and government of an asylum therein," passed Maroh 10, 1857. . . ' Section 1. Be it enacted by the General At tembly of the State of Ohio, That section two or the above recited act be so amended as to read as follows, to wit: ;. Seo. 2.. - Immediate ly upon the passage ' of this act, or as soon thereafter as may be convenient, there shall be appointed a board of three directors for the government of said asylum, one of whom shall be appointed in the same manner as are the trustees of the state lunatic asylums, and the remaining two by the county commission ers of Hamilton county. They shall be citi zens of the county of Hamilton, and shall hold the office for the term of three years, ex cept as herein provided, and until their suc cessors are appointed and qualified. At the first meeting of the trustees appointed under the provisions of this act, the two trustees ap pointed by the county commissioners of Ham ilton county, shall determine by lot their term of service, so that one of them shall serve for the term of one year, and one for the term of two years, and at the time of the expiration of their respective terms of service, fixed as aforesaid, the county commissioners aforesaid shall appoint one trustee, who shall serve for the term of three years. They shall possess like powers, and receive the same compensa tion as the trustees of the state lunatic asy lums, and shall be subject to the same regula tions and restrictions as are provided for the government of the state lunatic asylums, so far as the same may be spplicable; said trus tees shall have no power to make any changes in the general plan of said asylum, but the connty commissioners shall complete the same in accordance with the present plan and without material alteration. Seo. 2. Section two of the act of which this is amendatory be and hereby is repealed. This act shall take effect and be in force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, President of the Senate. April 5, 1859.' No. 211. AN ACT, . iegulatiDg the Mode of Administering Assignments in Trust for the Bene fit of Creditors. Section 1. Be it enacted bti the Gen- eral Assembly of the State of Ohio. That MAMnrt. : y I V rcl " ment tO a trustee. Of anV TirODertV. money, rights or credits, in trust for w 1 1 e'J rh honofit nf creditor-, it aha.ll h tv. j r :j .t.v: x. j uty i earn u uBtcc, wimm wii uaya after the delivery f the assignment to him, and before disposing of any property, so assigned, to appear before the probate judge of vie county in wnicn me grantor resiaea ai ine time of executing said assignment, and produce the original assignment, or a copy thereof, cause the same to be filed in the probate court, and en ter into an undertaking in such sum, with such sureties as shall be approved by the said judge, conditioned for the fait hful performance by the said trustee of his duties according to law, bee. 2. If any assignee as aforesaid shall not. within ten days after his nomination to such t rust, comply with the provisions of the 61 st sec tion ot this act, it shall be the duty of the pro- bate judge, on application of the assignor or any one or more of his creditors, to remove the said assignee and appoint another in his stead, who shall thereupon immediately comply with the provisions of the foregoing section; and the pro bate judge shall mnkc and enlorce all necessary orders to put the said trustee so appointed, into possession of any property, money, rights, cred its' belonging to the assignor at the time he made said assignment. Sec.' 3. Everv nscignee within the provisions of this act shall, within thirty dnys-after enter ing upon the discharge of such trust, unless for good cause shown the probate judge shall allow a longer time, hie in the olhce of the protate judge an inventory verified under oath of the property, money, rights and credits of the eaid assignor which shall havo come to his possession or knowledge; and the property and assets com prised in the inventory shall be appraised by three suitable, disinterested persons, who shall be appointed by the probate judge and sworn to a faithful discharge of their trust, and if any part of such estate or effects be in any other county, any disinterested justice of such county may appoint the appraisers of the estate and effects therein, Sec. 4. Every assignee shall also, at the same time when he files said inventory file a schedule verified under oath of all debts and liabilities of the assignor, within his knowledge, and shall cause notice to be given in some newspaper of general circulation within the county, for three successive weeks of his appointment as assignee and requiring creditors to present their claims, Sec. 5. The assignee shall proceed at once to convert all the assets received by him into money and to sell the real and personal property - as signed, either for cash, or upon such other terms as the probate judge in his discretion may order, at public auction, at such time and place as may be designated in notice given by advertisement in Borne newspaper of general circulation within the county, for six successive weeks, and of which sale due return shall be made to the judge, but all sales of real estate shall be made at not less than two-thirds the appraised value there of, being subject to re-appraisement as npon executions at law, and such sales shall be set aside or confirmed as the probate judge shall order, and if confirmed, deeds shall be made to the purchasers, conveying the title free from all liens on the same for debts due by the assignor, Sec. 6. The assignee shall within six months after his appointment, and sooner if required by the probate judge, report what claims, if any against the assignor have been presented, not included in the schedule filed, and what claim, if any, he is unwilling to illow: and thereupon, notices ol such disallowance shall be served upon the claimants, as in case of a summons in a civil action, or by advertisement as to non-residents, as allowed by the code of civil procedure in other cases; and such claimants shall be requir ed within thirty days after such notice, to com mence an action against said assignee, in seme court of competent jurisdiction within the county, te enforce the claim, creditors shall present their claims within six months after the publication of the notice provided for in section four ef this act, to the assignee for at lowance, and the assignee shall endorse his allowance or rejection thereon, and claimant whose claims are rejected shall be required to brine suit against the assignee to enforce such claims within thirty days after the same shall have been rejected, in which if be recover, the judgment shall be against the assignor, that he allow the same in settlement oi his trusts, with or without costs as the court shall think right; provided however, that the assignor may make any - defence to such action that the assignee might have made to a suit instituted against him bcfoie the assignment for the same cause of action. Sec. 7. The assignee shall also at the same time, and as often afterwards as may be requi red, report the Bums collected by including these arising from sales, together with the amount remaining uncollected, and the amount thereof which in his opinion may be thereafter collected. Sec. 8. If the assignee or creditor shall file in the probate court a written requisition on the assignee to disallow any claim or claims pre sented, which he has not reperted as disallowed and bUoII enter into an undertaking with surety or sureties to be approved by the probate judge, conditioned to pay all the costs and expenses of contesting the same, such claim or claims shall be ordered to be disallowed, and the same pro ceedings shall be had as required in other cases ef disallowance by the foregoing section. Sec. 9. The probate court shall order the payment of all incumbrances and liens upon any of the property sold, or rights and credits collected but of the proceeds thereof, aceording to priority, Sec. 10. At the expiration of eight months from the appointment and qualifica'ion of the assignee,' and sooner if it can be done with re gard to the rights and interests of all parties, and as often afterwards as maybe deemed prop er by the probate judge, a dividend shall be de clared payable out of the assets of the assignors applicable ' to the payment or non-preterrea claims and balances of claims equally amongst all the creditors entitled in proportion to the amounts of their respective claims thereon, in - eluding those disallowed as to which the claim- ant has begun proceedings to establish the same as required in the sixth seciion of this act; of the making of which dividend, and ot tbe time and place of payment thereof, notice snail be given oy aavertisemeat in a newspaper, and in such other way as the probate judge may direct; of the payment of which dividends and those remaining uncalled for and unpaid at that time, report shall be made within sixty days after the day fixed for the payment of the same. The probate judge shall then cause a new notice to be given to the owners of the unpaid divi dends, by publication and such other mode as he shall direct; and if the same are not demand ed within twelve months thereafter, the same shall be divided pro rata among the other cred itors until they are paid in full, and the re mainder, if any, to the assignor or his legal representatives. The dividends reserved for claims disallowed; where the proceedings to en force their allowance have been commenced, shall be held until said proceedings' have termi nated, when they shall be paid; if the allowance of the claim has been ordered, upon the same; otherwise, they shall be distributed pro rata amongst other creditors not paid in full, or re- funded to the assignor, as the case may re- 4U,1C Sec. II. iseiore any dividend is declared, the costs and expenses ef administering the trusts of the said assignment, including a rea sonable compensation to the said assignee, and his counsel fees and other expenses, as may be allowed by the probate judge, shall be paid out of the trust fund. Sec. 12. In case the assignee or any creditor have reason to believe, and make affidavit there of, that the assignor has not surrendered all the property and enects embraced in the assign ment; or that he has property or enects which he conceals and refuses to apply to the payment of his debts; or that he has conveyed or assign ed any property or effects for the purpose of hindering, delaying or defrauding bis creditors, or that ho is about to do bo; or that he has con verted any property and effects into moneys and credits for the be purpose of putting them be- yond the reach of tion of the court to do, the probate judge shall cause him to ap pear in open court or before a referee and an swer under oath all interrogatories concerning the same; and may make all necessary orders upon proper parties to prevent further trans- Aa anil alian rwr.a an anw triAI( V al 11 SI 1at I which he thinks belong tothe debtor, and should po88ibie after the passage of laws by the gener- U. .nnliel a h n&vment. of hi- dehta; Wnoll, .!.. t lCiOaVUUuufi iu F'wp'V vvv such order shall have the effect to alter the title r r " x- j 1 1 or possession 01 any proper or euecui climeu or possessed by any third person. Sec. 13. Every person presenting and filing a claim against the estate of the debtor, and before the same shall be allowed or any pay- menis macie mereon, snaii maae ana me an am- - j and lawful, what collateral or personal security, if any, the claimant holds for the same, or that he has no security whatever, and the assignee or any creditor shall have the right to examine the claimant under oath touching any such col lateral or other security, or any other' matter relating to said claim, within - such time and under such regulations as shall be prescribed by tne probate judge. Sec. 14. The probate judge shall nave the right at any time to remove any assignee for good cause and to appoint another in his stead, to cause the property and effects to be delivered - , to the new trustee, and to require a new under taking with additional sureties, and an appli cation made by any surety er sureties of any assignee, may, if satisfied of the reasonable ness of such application, discbarge such surety or sureties from further liability; and requite that said trustee shall be removed or give new sureties. Sec. 15.' Nothing in this act shall be-so con 8trucd as to require any property exempt from execution to be delivered up fer payment of debts, or to authorize any property belonging to the wife before marriage, and not converted to the husband's use, to be taken in payment of the debts of her husband. Sec. 16. All assignments in trust to a trus tee or trustees, made in contemplation ol insol vency, with ' the intent to prefer one or more creditors, shall inure to the equal benefit of all creditors in proportion to the amount of their respective claims, and the trusts arising under the same shall be administered in conformity with the provisions of this act. Sec. 17. All transfers, conveyances er as signments made with the intent to hinder, de lay or defraud creditors, shall inure to the equal benefit of all ' creditors in proportion to the amounts of their respective claims, and' the probate judge, after any such transfer, convey ance or assignment shall have been declared by a court of competent jurisdiction to have been made with the intent aforesaid, on the appli cation ef any creditor, shall appoint on assignee according to the provisions of this act, who, upon being duly qualified, shall proceed by due course of law to recover possession of all prop erty so transferred, conveyed or assigned, and to administer the same as in other cases of as signments to trustees for the benefit of cred itors. " Sec. 18. This act shall ' apply to all assign ments made by any partnership, joint stock as sociation or body corporate, and as far as prac ticable to all trustees of trusts for the benefit of creditors heretofore appointed, and all trustees appointed and acting under tbe provisions thereof shall have power, by the direction of the probate judge, to compound and compromise any debt, claim or demand on Denair ot bis as- eignor that in his opinion cannot be otherwise recovered or collected. Sec. 19. The act entitled " an act declaring the effect of assignments to trustees in contem plation of insolvency," passed March 14th, lsdd, be and the same is hereby repeal ed. Sec: 20. The probate judge shall be entitled to the following fees for services performed un der this act; for filing copy of assignment, sched ule and inventory, ten cents each, and for all other papers, five cents each; for appointing or removing any assignee, one dollar; forbearing and deciding applications by an assignee for the benefit of this act, two dollars, and for all other services performed under this act, the same compensation as is provided by law for like services in the settlement of estates of per sons deceased. ' Sec. 21 In all eases of assignments made before the passage of this act, and where no final settlement and distribution has been made; the probate judge ef the proper county shall have the power, on the application of any cred itor of the assignor, to issue a citation against such assignee, requiring him to appear before such probate judge on the day named in such citation, to show cause whyhe should not give bail for the execution of his trust according to the provisions of this act: and such probate judge en good cause shown may require such assignee to give bail according to the provisions of this act; and in case such assignee shall fail to appear as required by such citation, or shall fail to give bail within the time ordered by such probate judge, such probate judge shall remove him and appoint another assignee, and alter the giving bail by any assignee, as provided in this section, the same proceedings shall be had as provided in this act in case of assignments af ter the passage of this act. See. 22. This act shall take effect and be in force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, '' ' ; - ' President of the Senate. April 6, 1859. fNo. ISO.! AN ACT To amend section sii or an Act entitled 'an Act to establish a Code of Civil Procedure, passed March 11, loo 6. ;-; Section 1. Be it , enacted by the General At- tembly of the State of. Ohio. That section three hundred and seventy-four of an act entitled "an act to establish a code of civil procedure," pas sed March 11, 1853, be so amended as to read as follows: Sec. 874. In' the foreclosing of a mortgage, a sale of the mortgaged property shall in all cases be ordered; and when the same mortgage embraces separate tracts of land, sit uated in two or more counties, the sheriff of each county in which such separate tracts are situated,' shall be ordered to make ale of the lands situated in the County of which he is 1 sheriff- beo. 'A. fcbat section three hundred and aev enty-iour or tne act entitled "am act to estabiuh a code of civil procedure," paired ? March 1.1, I tooo, is uereuy repeaicu This act shall take1 effect upon its passage. WILLIAM B. WOODS. Speaker of the House of Representatives. MARTIN WELKER, ' President of the Senate. April 6, 1859. , ' No. 155. AN ACT To limit the operation of the Act, entitled " An act to repeal the Ten Per Cent JLaw, passed March 14, 1850." passed February 25th, 1859. Section 1. Be it eneeted by the General Attem- blyofthe Slate of Ohio, That the act, entitled " an act to repeal the ten per cent, law, passed March 14, 1850,". passed February 25, 1859, shall not apply to any contracts now existing, or that may be made before the taking effect of said act, but said contracts shall be and remain. Jibe and remain. on all judgments I in full force and effect, and upon rendered upon any of the aforesaid intere8t shall be computed until payment at the rate Bpecified therein, not exceeding ten per centum nr annum, aa thonirh said act nassed centum per annum, as though said act passed r ebruary 25, ltka, bad not been passed. Sec. 2. This act shall take effect from and after its passage. ' WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, President of the Senate. March 81,1859. . fNo. 153.1 AN ACT, To amend section two of an act passed March 11th, 1853, to provide for the publication f the general laws in newspapers, an act entitled An act to provide for an early publication of the laws; and for other purposes," passed March 23d, 1850. Section 1. . Be it enacted by the Gen- era! Assembly of the State of Ohio , That laws in newspapers, and to repeal an actenti- tied "an act to provide for an early publication I of the laws, and fer other purposes," passed follows: Sec. 2. That the auditor of state, seo- - erry OI BUI 16 IDQ BLLOrllC V ECuVrftL B 0011 KB I m a .11 1 mi aosciuui v ctauu dcboiuu. ouaii gciovt iivui the general laws as passed, such as 1 deem of general interest to the peop state, and the same shall be forwarded auditor 0f state at the earliest -racticable mo- ment to the auditors of the several counties, ana it 8i,an be tne duty 0f auditor, probate fudge and prosecuting attorney of each county 10 contract ior tne puDiication 01 tne same, in 1 culation in the county, provided that in no case shall the same be published in two papers of one party, if two of opposite politics are pub- Iished therein, and alse in one German news-1 paper, if there be one in such county, at a price not exceeding sixty cents per thousand ems, to be paid out of their respective county treas- uries, a.s uereiutmcrpnjYiueu. I - 4 " i. ; j. Sec. 2. That the second section of the ut aD0Te referred to be and the same is hereby re- pealed. bee 8. This act shall take effect and be in force from and after its passage. - WILLIAM J. WOODS, ' Speaker of the House of Representatives. MARTIN WELKER, ' President of the Senate. March 31, 1859. No.' J51.1 : AN ACT J '' " ' Supplementary to the Act relating to Juries, passed t ebruary 9th, 18: 1, and to amend the ninth section of said act. Section 1. Be it enacted by the Gen- eral Assembly of the Stale of Ohio, That I if it should be made to appear to the clerk of the cc urt of common pleas of any county in this state, after the annual October election, and previous to the annual soring elections, that the number of jurors for said county as provided and required by the first Bection of the act to which this is supplementary are insufficient, in numbers from which to draw and summons the regular grand and petit juries for the common pleas and district courts, to be belden in said county, previous to the next succeeding annual October election, it shall be the duty of such clerk immediately and previous to said annual spring elections, to apportion among the respec tive townships in said county, the number of additional jurors required to fill such deficiency according to and tipon the basis of apportion ment required by the second section of the act aforesaid, and notify the trustees of the several townships in said county, of such insufficiency with the number , of additional jurors bo ap pointed and required of each township, by writ ten notice, te be served and returned by the sheriff of such county, the saute as a summons is served and returned; and it shall be the duty of such trustees, at their meeting at the annual spring elections, upon the service of such notice to select of good judicious persons, having tbe qualifications of electors, tbeir apportionment of persons to be returned as such additional jurors, and shall forthwith furnish such clerk with the list of tho name or names required as contemplated by the act, and such proceedings shall thereafter be had with reference to the drawing, summoning, &c of such additional jurors, as is provided by said act for jurors, so- lected at the annual October elections. V.a Sec. 2. That section nine of an act entitled "an act relating to juries," passed February 9, 1831, be bo amended as to read as follows: That when a sufficient number of grand jurors shall have been drawn and summoned agreeably to this act, before either of the courts at their sta ted term, or if .it should so happen that all the grand jurors summoned as aforesaid, shall fail to attend, it shall and may be lawful for the court in either case, to order the sheriff or other officer, to summon from among the bystanders, or neighboring citisens, so many good and law ful men as are necessary to form and contem plate the pannel of the grand jury, or to issue a speoial venire facias, to the sheriff, command- inghim to summon the persons therein named to attend forthwith to serve as grand jurors. Sec. 3. That section nine of the act to which this is an amendmeut, be and the same is hereby repealed. Sec. 4. This act to take effect from and after its passage. ' - ' . . . . WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, President of the Senate. March 31, 1859. fNo. 139.1 , AN" ACT, Supplementary to and to amend an act "con-J cerniug the relation of guardian and ward," passed April 12th, 1858. Section 1. Beit enacted by the Gen eral Assembly oj the State oj Unto, xnat section 22 of said act shall be ao amended aa to read as follows : Seotion 22. The guardian of the person and estate, or ef the estate only, shall have power, when for the interest of the ward, to sell all or any part of the personal estate of the ward; and whenever necessary for the edu cation, support or payment ef jut t debt i of any minor, or tor the discharge of any liens on the 1 real estate of such minor, or whenever the real estate of such minor is suffering unavoidable waste, or a better investment of the value there of can be made, and the court shall be satis fied that a sale thereof will be for the benefit of any minor, the probate court, by whom a guardian of . the person and estate, or of the estate only, has been appointed, may, on the application of such guar dian, order the real estate of such mi nor, or a part' thereof, situate in this state, to be sold. . ' Sec. 2. That section 25 be so amend ed as to read as follows : Section 25. At the time appointed for tho hearing of said petition, and being satisfied that the notice named in the last preceding section has been given.' and that such real estate ought to be sold,' the court shall, ppomt three freeholders of the county in which said real estate shall be situated, who are net of kin to the peti Seo. 8. tioner, to appraise sudrbal)estet4pirtdL(iA tk ame shall not be sold for leai thatr tw o-thirda of the appraised value thereof. Sec. 3- That section 28 be so amend- T ed as to read as follows : , Section 28 ,r Upon such bond being. filed,-; and. ap-" ' 1 proved by the court, the court shall or-f0,"9 der the sale of such real, estatelprpj ' viding in the order forreasonable notice, ' and the place of such Bale in the conn- Us ty in which such real estate, shaU lieCj"'a and the credit tp be given for the pay--"I!,'1 ment of the purchase money,.' and the- deferred payments jof the purchase 7fl" money, shall be secured by aortgage' t(j b the .pnnfc' np0 K v?ti V ' .w.or real estate sola, ana tney snail bear In- terest at the rate of SIX per Centum per annUm, from the'day of Sale;--p&yabl -. .-...f annual! v. Sec- 4.' That jsectipn 34. of said acVa be so amended as to read as follows : . . Section 34. When any unmarried wofi man, who has been or may be appoint ed guardian of any minor, shall marry j .1 such marriage shall of itself determine the guardianship of such woman; and the probate court of the troDer.coun 4 ty shall appoint another guardian, for.. 8,Qch r' hich last;name4;guarti aian all, tne estate 01 SUCH minor Snail, on demand,'' be ' delivered 'up by sucb former guardian? and 'she shall for th- with render her guardianship account Qer appoiatmenv ior.nnai seiuemenv,.,:.u bee. 5. Any. guardian ,.0 the per- 80n an(J estate, or . ot the person enlvr nereioiore or nereaiier. appoiniea, lor lAWkW WAm lA nAYAV AW AVAW Vn A a lA 4V Call J , UUUVi VI V UV KU V twelve Tears, Or any male Under Or Of CT l. " Vl ""J " TJ. v u :' v f '.- "" r 1 6 i. J One years, ana 11 . a lemaie, anuo age 01, eighteen year8; provided, taat .Delor ne ;n denture WhcrebV anV minor UaT Section shall be Valid in laW, the person to whom such minor shall be bound mA A on(1 1ao tfcA nml . ' , ... . , ." . 1 nantS in BUCn . inaeniuro, .snail pe ap? proved by the COUrt by Whom SUCtt nlkTAAn waa nnft;nfed and a eartifi. ' v A i 'A ' ' vi mojuugo oi eaiu ivutt, nua the Seal of 8Uch COUrt, shall be attach- ed to such indenture, , in testimony of such approbation. ; ,..,f ; t ,, H, r bee. b. Original sect'on 2p, 28 and 84, arc hereby repealed, and this act-to take effect from and after its passage. Speaker of the House of Representatives E.. UASSETT LAflUDUN, ' President pro tern, of the Senate; March 30, 1859. uV;,T. , Skcbxtabt of Statk's Orrica, , i , ,,: , Colombos, O., May 1, 1859, I hereby certify that the foregoing ' act are true copies of the original rolls on file ia tbia'l affice. A. P. R CSSELL, Beo'r of Bute. . t Acditob's Office, , ' . . , . Woodsfibld, Monroe Co., May 2, 1 859.', ; i I hereby certify that the foregoing laws hava-j been compared with the laws published by authority, and round to be correct. . MARTIN L. BOWSER, And. M .C O. JI01L1MG HAS RECEIVED THE Largest and Best STOCK OF GOODS' EVER BROUGHT TO BimESILL2 1 1 1 r GROCERIES. Queensware," Hardware, HATS AND CAPS, Ready -Made Clothiilgj; HA VESTING , IMPLEHpNTS, , Scyttes, Sickle Rakep &cl si t n Q Q' f1 TT T : ; Q ! A Q ! Vf O O , - ; J KJ . X .. P, A,,H O t ' ' ' a BEDSTEADS I Every - thing, in short, be found in a retail Store. ; ,t Thankful for past fkVora I Invite -my old customers and others to call in an4 see my stock. ' t. . ii V'.' "' t JOHN A. T.aTTKJLTlP. Jane 8,1859. The new and fast running steaser W.;G. Woodside! Captain CHARLES BOOTH, Is nubs regularly between siTa VtaVr?, , '"Wheeling & Farkeraborg. rr Sue leaves Wheeling ever Monday,-. Wednesday and Friday . at JO o'c lock A. M., and Parkersburg eTerj8Tesjiy Thursday and Saturday at 6 o,elock A. 21V ' For freirht or nasnao'A annlv rvn Knanf they shall , 6 .... J ' . ile of the te iicueoaarv, wiuu ousu uuuvi, tu but : by the suitable person, nntil such minor, if sf v , - r C J . - Aug. 5. 1887.- ' ' - -1 L T " tl . . '