Pomeroy weekly telegraph. [volume], May 29, 1860, Image 1

About Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866

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v
T. A. PLANTS, Editor.
"Independent in All Things Neutral in Nothing."
T. A. PLANTS, i
a. e. Mclaughlin, blishers;
VOLUME III;
POMEROY, MEIGS COUNTY, OHip, TUESDAY, MAY 29, 1860.
NUMBER 21
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
No. 106. AN ACT -Providing
for the appointment and
more thorough system of accountabil
. ity of Officers of the Ohio Penitentiary,
fixing their Compensation, prescribing
their Duties and determining the man
;ner of working the Convicts.
. Section 1. Be it enacted by the Gen
dered Assembly of the State of Ohio, That
there shall be appointed by the-Governor,
by and with, the advice and con
sent of the Senate, three Directors of the
Ohio Penitentiary; one of whom shall
hold his office for the term of one year,
ne for the term of two years, and one
for the term of three years; and each of
their successors shall hold his office for
the - term of three years. - No person '
shall be appointed a Director who is a
' contractor in the penitentiary, or the
agent or employee of any such contractor,
or who is interested either directly or in
' directly, in any kind or branch of busi
ness in the institution; and should any
Director become so interested at any time
during his term of office, itshall be cause
:for his removal; and upon satisfactory in
'formation given of such fact the Gov-
" rnor is hereby authorized and required
to remove such Director, which removal,
with the, reasons therefor, shall be en-;
. tered on the journals of the penitentiary,
and the Governor shall report the same
to the General Assembly at the next ses
sion. Each of said Directors before en
tering upon the duties of his office, shall
take and subscribe an oath or affirmation
to support the constitution of the United
States and of this State, and to faithfully
and diligently discharge the duties of
such Director. In case of a vacancy by
death, resignation, or otherwise, it shall
be filled ' by appointment by the gov
ernor, until the next session of the Gen
eral Assembly. The said Directors shall
each receive three dollars per diem for
the time actually employed in the dis
charge of their duties, and actual trav
eling expenses, to be paid ou. of the
State Treasury on the certificate of the
Warden as to the time of their services.
Sec. 2. The board shall make annual
appointments of one of their number
president of the board. It shall be the
duty of at least two of the Directors to
Visit the institution together every two
"weeks, examine the work shops, cells,
rooms, and the books and 'vouchers of
the Warden, and enter the result of their
investigation in a book called a journal,
to be provided for the purpose. It shall
be the duty of all the Directors to meet
at the office of the penitentiary every
three months, to make a quarterly set
tlement of the accounts of the Warden,
and inspect the various departments and
shops of the institution, and record the
result of their investigation in the jour
nal, signed by each member present, if
all shall " be agreed; if otherwise, the
opinions of the dissenting members shall
also go on record.
Sec. 3. The said Directors, or a ma
jority of them, shall appoint a Warden,
who shall hold his office for the term of
two years, unless sooner removed by the
Directors; but in case of removal the
reasons therefor Bhall be entered on the
journal of the institution. The Warden
shall take an oath or affirmation faith
fully to discharge the duties of his of
fice, and give bond to the State of Ohio,
in the sum of ten thousand dollars, with
at least two good and sufficient free-hold
securities, to be approved by the Direc
tors, Attorney General and Auditor of
State, conditioned fbr the faithful per
formance of the several duties whichare
hereby, or which may from time to time
be required of him by law, which said
bond shall be deposited with the treas
urer of State. The Warden, by and with
the advice and consent of the directors,
shall have power to appoint a deputy
. warden, clerk, and such number of as
sistant keepers as the directors may deem
necessary; all of whom shall take an oath
or affirmation faithfully to discharge
their duties, and give bonds to the State
of Ohio, the clerk and deputy warden in
the sum of three thousand dollars each,
and the assistant keepers, in the sum of
five hundred dollars each, with security,
to be approved by the directors, which
bonds shall be deposited with the treas
urer of State. All the above 'officers
shall be subject to such by-laws and
rules as may be prescribed by the direc
tors and warden for the government of
the prison. The directors shall appoint
a physician, who shall attend to all the
cases of sickness among convicts, reside
near the penitentiary, visit the prison at
least once each day, and have a general
sanitary oversight of the prison; and shall
communicate to the directors, at each
general meeting, on the general charac
ter of the health of the prisoners during
the proceeding three months, with such
suggestions in regard thereto as he may
deem necessary, which communications
shall be entered on the journal. The
physician shall receive for his services a
sum not exceeding eight hundred dollars
per annum.
o 4 Vni . ... .
cec. t. ine warden shall receive an
annual compensation for his services, not
exceeding twelve hundred dollars. The
clerk shall receive an annual compensa
tion for his services, not exceeding one
thousand dollars. The deputy warden
shall receive an annual compensation for
his servicices, not exceeding eight hun
dred dollars; and each assistant keeper
soau receive a compensation not exceed
ing forty dollars per month, except the
aiight watch, who may receive forty-live
raonars per month, to be determined by
.the directors. No person so employed
:snau De entitled to or receive any per
quisites, in the shape of board, provis
" ions, carnages, horses, or otherwise
.either for themselves or families: or shal
be permitted to receive any compensation
iOr reward or any description from con
.tractors. And if any person so employed
sshall receive any compensation or reward
oi any description trom any contractor
to promote the interests or advantage o
asuch contractor, or ptialL make una
jftny property of any description belong
ing to'tbe penitentiary, for hi.s own pri
vate purpose, unless the same shall have
first been paid for or charged on the
yjjiuiur books in the office oi the institu
tion, at a price agreed on with the warden
and directors, such person shall be
deemed guilty of a misdemeanor, and
Vpoju conviction thereof, shall be fined
in any sum not exceeding five hundred
dollars, and be imprisoned in the county
jail not exceeding sixty days, and shall
be discharged from his office. And if
any officer procure the escape of any
convict, or connive at, or aid, or assist in
the escape of any convict from the peni
tentiary, whether such convict escape or
not, he shall, on conviction thereof, be
sentenced to hard labor in the peniten
tiary for any term not less than one nor
more than three years, and if any other
person shall aid or assist in the escape of
any convict from the peuitentiary, such
person shall, on conviction thereof, be
sentenced to hard labor in the peniten
tiary, for any term not less than six
months, nor more than one year.
Sec. 5. It shall be the duty of the
directors to appoint a chaplain of the
Ohio Penitentiary, who shall hold his
office for one year, and who shall receive
an annual compensation not exceeding
eight hundred dollars, to be paid quar
terly on the certificate of the directors.
The chaplain shall be a minister of the
gospel, in good standing in some one of
the denominations of this State, who sha ll
be competent to teach the ordinary
branches of an English education; and
who shall reside in or near the peniten
tiary, and devote his whole time and
ability to the welfare of the convicts c6n
fined therein; and shall, in addition to
his clerical services, teach such of the
convicts as he and the warden may se
lect, the art of reading, writing, arith
metic and geography, at such hours as
may be found most conducive to the in
terests of the institution. Minor con
victs shall be instructed separate and
apart from convicts who are not minors.
The directors shall not appoint one of
their number either warden, chaplain or
physician, nor shall either of the officers
here mentioned hold any other office or
place in the institution.
Sec. 6. That each convict possessing
a fair knowledge of reading, writing and
arithmetic, shall be kept at work every
day in the year, Sundays excepted, not
exceeding ten hours per day.
Sec. 7. The warden is hereby author
ized, so far as practicable with existing
contracts, (and all contracts hereafter
made for convict labor may so provide,)
to classify the convicts according to their
age and disposition placing all young
men under twenty-one years of age, (un
less the conduct of the same shall forbid
it,) in a shop or shops by themselves,
and give them such work as will be most
beneficial to them when discharged; and
persons convicted of the higher crimes,
or who shall be convicted a second time
of penitentiary offenses, or whose con
duct may require it, shall be worked in
a shop by themselves and all incorrigi
bles may be worked in cells or shops by
themselves, at such employment as the
warden and directors, or a majority of
them, may deem most fitting for them,
or 'profitable to the state.
Sec. 8-. I he warden shall attend to
the purchasing of all a'f tieres for the ih-
titution clothing, provision, medicines,
uilding or repairs, or any
Taw material to be manufactured in the
penitentiary; shall have in charge the
whole operation of the institution, and
shall be its executive officer; and in case
any guard, or subordinate officer of the
institution should violate any of the
aws or rules of the prison, it shall be
the duty of the warden to suspend said
offending guard or officer until the meet
ing of the directors, who shall examine
into the charge, and discharge or retain
said guard or officer, as justice may re
quire.
Sec. 9. The warden of the penitentiary
shall, within five days after the close of
each month, make out, certify and file
with the auditor of State and comptroller
of the treasury a duplicate statement, in
which shall be "accurately set forth the
names of the several contractors tor con
vict labor, the amount due from each at
the close of the meftth to which the
statement refers, and the particular class
of labor on which said contract was
based; and upon receiving such certified
statement, the comptroller shall require
immediate payment from the respective
parties from whom such sums are due,
and when paid certify the same into the
State treasury as in other cases; and if
payment be hot" made within fourteen
days atter demand, (ot claims due,) such
claims shall bear interest at the rate of six
per cent, from the close of the month m
which the labor was performed; and, on
payment, the State treasurer shall exe
cute and deliver his receipt in triplicate
-one to the person making the payment.
one to the auditor of State, and one to
the comptroller of the treasury; provi
ded, a uniform credit of three months
for the hire of said convicts may be al
lowed by the warden and directors to
the several contractors; provided further,
that on the first day ot JN ovember, in
each year, payment in full for the pre
vious year shall be promptly made.
5EC. XV. All moneys aue me institu
tion, arising trom sources other than
those specified in the next preceding
section, shall be paid to the warden, who
shall pay over the same to the treasurer
of State at the close ot eacn month; and
such moneys shall be certified into the
treasury in the same manner that other
moneys are certified into the treasury;
and for all moneys so paid over by the
warden, triplicate receipts shall be given,
one of which shall be forthwith deposited
with the auditor of, State, one with the
comptroller, and the other retained by the
warden. A lull and detailed statement
of all such moneys received and paid
over to the treasurer of State shall be
. . t 1 . ' 1 I. 1
made out by the warden at the close of
each quarter of the year; such statement
shall set forth the several amounts re
ceived, from whom, at what time, and
on what accounts received, and shall be
immediately deposited with the auditor
of State.
Sec. 11. All accounts for claims
oonJnsf tho. nenitentiarv. whether for
salaries, provisions, clothing, ruoui
ine -
repairs,
be made
buil'iiiig, or other oojcc'.
r.fl.M
III (iilpltCM
.ill one ''
irv; le cei
oi Kb t to
the ti'c.;;:
i'Oimtcr:
dorsed 1
tors.
ierk, ana ou
st least two direc-
anproved
A I
Hen.
clothin
12. AU coutra.'-t.s i-ir pi
ovisions,
, medicines, foiage, luej,
build
ings or repairs, where the amount shall
exceed the sum of one hundred dollars,
shall be given to the lowest bidder; pro
vided, in case of the acceptance of any
bid, and the bidder fails to complete the
contract, the next lowest bidder shall
nt be entitled to the contract, unless
the price be deemed reasonable by the war
den and directors; but the warden and
directors may then contract with any
one whose offer may be regarded just
and proper. No bids herein authorized
shall be received, or contract made in
pursuance thereof, unless the same be
reasonable, and not greater than the
usual market value and price. So far as
possible, the letting of contracts shall
be as herein provided for, but no other
contracts shall be let to run more than
six months, nor shall any contract be
valid until approved by the auditor and
attorney general. Notice of the time
and, place of letting each, contract - shall
be given for at least two consecutive
weeks in two daily newspapers in Colum
bus, and in one of the weekly papers
published in each of the counties adjoin
ing Franklin county, and in such other
papers as the warden and directors may
deem expedient; and where any two bids
shall be equal, the warden and directors
may select any one of them as the per
son who shall have the contract; and such
contractor shall give bond acd security,
to the satisfaction of the directors, for
the faithful performance of his contract;
provided, no contract shall be given or
purchase made wherein either of the di
rectors or any of the officers of the peni
tentiary is interested; and all contracts
or purchases made in violation of this
provision shall be void.
Sec. 13. Convicts may be hired in
any number not exceeding fifty in one
contract, and for any time not exceeding
five years. All contracts for working
convicts shall be given to the highest
bidder, of the letting of which the direc
tors shall give at least six weeks notice,
in two daily or weekly papers in the city
of Columbus, two in the city of Cincin
nati, and one in the city of Cleveland,
and all contractors shall be required by
the directors to give security to the state
of Ohio for the faithful performance of
their contracts, in such amounts as the
directors, in their judgment, may think
proper and right. All convicts not con
tracted for, according to the provisions
of this act,! shall be hired or otherwise
employed by the directors and warden
in such manner as they may deem most
conducive to the interests of the state.
Sec. 14. It shall be the duty of the
warden and directors to make such ar
rangements with the contractors who
now have contracts for convict labor,
and so to make all future contracts as
will permit the convicts to have a cer
tain amount of labor allotted them each
for a day's work, and the time so gained,
after the performance of the task, may
be occupied in attending the prison
school or in labor" for the contractor at
the sa me ratetho cop tractor? p&j!3ihL
State for the same work; and if any con
vict, who' shall have so made overwork,
shall for any cause be unable to make
full work on any other day or days, no
deduction shall be made from his over
work earnings on that account. The
money so earned shall be collected by
the warden for the convict the same as
money due the institutiontfrom the con
tractor, (with the exception ot the al
lowance of any credit,) and the warden
shall permit the convict to send the
amounts so earned to his family or
friends; and in case the warden is dis
missed, or dies, or resigns before the ex
piration or the sentence ot the convict
who may have iunds in his hands, he
shall account for the amount the same
as the other funds of the institution in
his possession. And an accurate and
detailed account of all such moneys re;
ceived, from whom, the time when, the
amount received, and to whom payable,
shall be kept by the said warden in a
book provided for that purpose, and
shall also enter and sign the same,
monthly, in a pass-book which the
prisoner may keep for that purpose.
Sec. 15. It shall be the duty of the
warden and directors to allow to all con
victs to whom, from the nature of their
employment, it is impracticable to assign
a daily allowance ot wort, and who, in
the judgment of the warden and direc
tors, are entitled thereto by their fidel
ity and extra labor, such compensation
as may appear to tnem equitaDie in oom
parison with the amount ot labor re
quired of other prisoners. If such labor
is performed for a contractor or the
warden, the said compensation to be re
quired from the contractor or warden for
whom it was performed, shall be collected,
keptand paidintothc treasury in the same
"manner as other over-work money. If
such labor is performed for the State, it
shall be paid for by the State.
Sec. lb. It shall be the duty ot tne
warden, at the close of each month, to
pay into the State treasury the aggregate
amount then in his hands belonging to
the several convicts for over-work. The
treasurer shall receive and receipt for
the money as in cases of State funds, and
the warden shall dispose oi the receipts
as directed in the tenth section of this
act. The treasurer shall open and Keep
an acconnt with the fund to be denomi
nated "the prisoner's over-work fund."
Each convict, at the close of his term,
may draw from the treasury his propor
tion of the fund, upon the certificate of
the warden ; and upon the written re
quest of the conyict, to be filed with the
auditor of State, the warden, at any time,
may draw from the treasury the amount
due any convict from the fund, or any
part thereof, for the proper use of the
convict himself, or for the use of his
family or friends.
Sec. 17. The directors shall, in com
pany, every three months, inspect the
warden's account, the different apart
ments of the prison, and the condition
of the prisoners, and shall have power
to regulate and fix the appointment, du
ties, dismissals and salary of all officers
. i'r
tits oi trc penucmiury, not oims:--
wise provided lor lv law, .and annually,
r n i
: biT
ore
: iifte.'-nth
,1 ! v
)f Noveru
it to
the
,o
vernor
i.inii of
of thet-.t-.t
tho r.riroii
;;, re:.
f oi el'tier
with
sugge
tions as
to the 3 ui
: provenionts that may to them appear ne-
; cessary.
Seo. 18. It shall be the duty of the
warden to provide all convicts with a
clean straw bed, and sufficiency of cover
ering at all times to protect them from
the inclemency of the season, arid also
with garments of a coarse material suited
to and sufficient for the season ; and he
shall furnish them with a sufficiency of
coarse but wholesome food, with such
alternation of food as in the opinion of the
physician of the penitentiary shall be
most conducive to the health of the pris
oners; and it shall be the duty of the
warden, when in his opinion it shall be
necessary, to employ suitable persons to
instruct the prisoners in any Work in
which they may be employed, when the
same is for State purposes, and during
part of the time of his or her confine
ment as the court before whom such con
viction may be had shall direct' to be in
solitary cells, such prisoner shall be con
fined in the solitary cells, at such intervals
and in such manner as the warden and
directors may deem proper; and one or
more guards snau patrol said peniten
tiary at least twice in every hour during
the night, until the hour of labor on the
succeeding morning.
Sec. 19. It shall not be lawful to make
use of a shower bath in the punishment
of a convict, but it shall be lawful to
punish prisoners for the infraction of the
discipline, by solitary confinement in
dark cells, and by deprivation of food
other than bread and water, and any of
ficer who shall violate any of the provis
ions of this act, shall be discharged from
his office at the discretion of the direc
tors or warden. The by-laws regulating
the discipline of the prison shall be
printed in the language of the convict
and posted in each cell, and otherwise
published so each prisoner shall know
them.
Sec. 20. It shall be the duty of the
deputy warden to keep a book, in which
shall be entered a record of every in
fraction of the published rules of dis
cipline, with the name of the prisoner so
guilty, and the punishment inflicted
therefor, which record shall be submitted
to the directors at their regular session;
and every prisoner who may have been
sentenced for a term of years, who shall,
at the end of each mouth, have no in
fraction of the discipline so recorded
against him, shall for the first month be
entitled to a dimunition of one day from
the time he was sentenced to the peni
tentiary ; and if at the end of the next
month no infraction of the discipline is
recorded against hini, he shall be enti
tled to two additional days dimunition
from his sentence ; and if he shall con
tinue to have no such record against him
a third month, his time shall be short
ened three additional days; and he shall
be entitled to five days dimunition of
time from his sentence for each subse
quent month he shall so continue in his
good behavior; and if any prisoner shall
so pass the whole time of his sentence,
he shall be entitled to a certificate
thereof from the warden, and upon pre
sentation thereof to the Governor, he
h ft 1 1 bo f n t i t i c d t nr.A.gfflr:'fl" H
rights of citizenship which may have
been forfeited by his conviction; and
it
hall be the duty of the warden to dis
charge such convict from the peniten
tiary when he shall have served the time
of his sentence less the number of days
he may be entitled to have deducted I
therefrom, in the same manner as if no
such deduction had been made; provided
that if such convict shall be guilty of
the violation of the printed and pub
lished rules of the prison after he shall,
as provided in this section, have become
entitled to a dimunition of his term of
service to which he has been sentenced,
the directors shall have the power to de
prive, at their discretion, such convict
of a portion or all (according to the fla
granee of such violation of discipline),
Of the dimunition of the term of sentence
to which be had previously been by this
act entitled; and the warden shall make
known to the convicts the provisions of
this section when they are received into
the prison.
Sec. 21. The warden shall furnish to
each prisoner sufficient light to enable
him to read from the time he is shut up
in the evening until the ringing of the
bell for going to bed, unless the warden
has good cause td believe that a 'convict
is making improper use thereof, in which
case he shall not be so furnished.
Sec. 22. And provided, always, that
nothing in this act shall be so construed
as to interfere with existing contracts for
prison labor, unless Dy consent oi par
ties, in the event of which the same shall
be indorsed upon the original contract
and signed by the parties, which shall
be binding in all respects as though no
change had been made.
Sec. 23. The directors and warden of
the penitentiary shall, fiom time to
time, establish by-laws, rules and regu
lations for the discipline and government
thereof, and the warden, for himself and
assistants, shall be held responsible for
the observance and enforcement ot such
by-laws, rules and regulations; provided,
always, that such by-laws, rules and reg
ulations shall not be contrary to law; and
the directors shall submit such by-laws,
rules and regulations, to the legislature
at each session thereof; and provided,
always, that nothing in this act shall be
so construed as to prevent officers oi the
Ohio penitentiary from holding their
respective offices until their successors
in office shall be appointed and qualified.
Sec. 24. The warden and directors
may enter into contracts for working the
convicts upon such branches of business
as, in their judgment, will best subserve
the interests ot the State, and tend to
promote the welfare of the prisoners.
Sce. 25. The hospital of the peniten
tiary shall, under such condition as the di
rectors, warden and physician may pro
vide, be accessible to the professors and
students of Starling Medical College, and
other physicians of Columbus, once
week durinsi the annual college terms
for clinical instruction, provided that no
'convict shall be subjected by such pro
Ifessors to any involunt.ry examination
! or surgical operation.
! Seo. i6. It shall be b. wful for the rJiree
!tors and warden t-. suitably jca'.i ui
j their disru-et ou. :t,uy prb-oner who by
meritorious conduct may signally serve
i ! ho iiiT.eve.Hts of the institut ion or thefetate;
arid permit extra reward to be given to
prisoners, not intending with, the inter
ests of the State.
Sec. 27. That in erery case in which
a new warden for the penitentiary shall
be appointed, the warden whose term of
j office
ihall have expired, shall deliver
over tOhia successor ornet, nnrl nAnnouMn !
?. I J. vhuiv
possession of the penitentiary buildings,
with all the property of the State in his
possession, together with the convicts;
and it shall be the duty of such succeed
ing warden to give to his pedecesspr a
receipt for the property and convicts
aforesaid; the warden whose term of of
fice shall have expired shall also make
out, under oath, a full and detailed ac
count of all the receipts and expendi
tures of. the penitentiary since his ' last
annual report, or that have not been re
ported1 to the auditor of State at any
time during his terni of office; also a
true inventory, with the contract price
of all the property in his possession as such
warden, belonging to the State, consist
ing ofiraw materials arid manufactured
articj-medicines, forage, and all kind
of provisions provided for the peniten
tiary, and shall deliver the same over to
his successor, together with all moneys
on hand, stating in full the sources of
said moneys and the amonnt from each
source; it shall be the duty of the suc
ceeding warden to give to his predecesor
in office his receipt for such property
and moneys as may be scheduled and
delivered over to him as aforesaid; and
if any such retiring warden shall refuse
or neglect to comply with any of the
provisions of this section, he shall be
held guilty of a misdemeanor, and on con
viction thereof, shall be fined in any
sum not exceeding one thousand dollars,
and be imprisoned in the county jail for
any period not less than one month, nor
more than six months, or both, at the
discretion of the court.
Sec. 28. That whenever any bond is
required of a contracting party by the
provisions of this act, every such con
tracting party shall file his said bond
with the said warden and directors at the
time of putting in such proposals or bids
for each contract, which said bond shall
be in such sum as the said warden and
directors shall direct, conditioned that
the party making the proposals or bids,
will accept the contract, if the same
be awarded to said party, and for the
faithful performance of the contract on
the part of such contracting party, and
no bid or proposals shall be received,
unless such bond accompany the same.
Sec. 29. That the act entitled "an act
providing for the appointment and a
more thorough system of accountability
of officers of the Ohio penitentiary, fix
ing their compensation, prescribing
their duties, and determining- the man
ner of working the convicts," passed
April 12, 1858, and all laws and parts
of laws inconsistent with the provisions
of this act are hereby repealed, and the
terms of all persons now holding office
under the provisions of the acts hereby
repealed shall expire upon the appoint
ment and qualification Si the officers,
whose terms of office are provided for in
this act.
after its passage.
RIC1IARD C. PARSONS,
Speaker of the House of Representatives.
RUUfJIiX U. 1U1U1,
President of the Senate.
Passed March 24, 1S60.
No. 42.1 AN ACT
To amend section four hundred arid sev-
teen of an Act entitled "an Act to es
tablish a Code of Civil Proccedure,"
passed March 11, 1853.
Section 1. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
section four hundred and seventeen of
the above recited act be so amended as
to read as follows: Section 417. If a
judgment become dormant, it may be re
vived in the same manner as is pre
scribed for reviving actions before judg
ment; and when the plaintiff to such
dormant judgment, his agent or attorney,
shall make an affidavit that the defend
ant is a non-resident of the State-, and
that such judgment remains unsatisfied,
in whole or in part, with a statement of
the amount owing thereon, a notice may
be published for six consecutive weeks,
as provided by section seventy-two, no
tifying liim to -appear at a day therein
named, not less than ten days alter puo-
ication is complete, and show cause why
judgment shall not be revived against
him; and it sumcient cause be not shown
to the contrary, the judgment shall stand
revived for the amount which llie court
shall find to remain due and unsatisfied
upon such judgment; provided, that in
all cases wherein service may be made
by publication, personal service of a copy
of the order may be made out of the
State.
Sec. 2. Original section four hundred
and seventeen is hereby repealed, and
this act to take effect from and after its
passage.
Speaker of the House of Representatives.
President of the Senate.
March 10, 1S60.
No. 38.
Regulating
AN ACT
the payment of Costs in
prosecutions for Minor offenses.
Section 1. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
no costs taxed bv any Justice ot the
Peace, or Mayor of any city or incorpo
rated village in the btate ot Uhio, in
prosecutions hereafter commenced be
fore them for any offense, the punish
ment whereof is less than imprison
ment in the penitentiary, shall be
naid out of the county treasury, unless
an information shall be filed in the
proper court, or a bill of indictment be
found against the person . or persons
charged with such offense.
Sec. 2. That sections one and two of
"an act to amend and explain the act of
the 7th of March 1842, concerning the
powers and duties of Justices of the
Peace and Constables in criminal cases,"
passed March 6th, 1S45, be and the
same are hereby repealed.
Sec. 3. This act to take effect and be
in force from and after its passage.
RICHARD 0. PARSONS,
Speaker of the House of Representatives.
ROBERT C. KIRK,
President of the Senate.
March 10, 1860.
Office of the Secretary of State, ")
Columbus, Ohio, 6th March, 18(50. J
I certify that the foregoing acts are
true copies from the Original Rolls on
file in this office.
From the Athens Messenger.
GIPSYING.
BY MABEL 9T. CLAIR.
"The days when we went gipsying
Long time ago."
I wonder if I ever went
I'm sure I do not know .
I know I used to steal away
From school and musty books,
Through "pussy willow" swamps to stray,
Or paddle in the brooks.
And sometimes, I remember, I
Have made a shingle boat,
And waded more than ankle high
To set tbe craft afloat;
I know the mud pulled off my shoe.
The snags my stockings tore,
And the willows caught my "bonnet blue"
Down stream, a half a mile or more.
I used to hunt for "black-bird's" nests
Among the willow hedge,
Replacing eggs with color'd stones
Found in the water's edge;
I used to wreathe my tangled curls
Fantastic'ly with flowers;
And ride my father's untamed colts
Around the field's, for hours.
No bridle could 1 b6ast of, save
A handful of their mane;
And if I tumbled in the ditch,
I tumbled on again, y
And when at length I wander'd home,
My clothes in such a plight,
My mother'd say, "There, child, you come
A perfect little fright."
And then she'd say I was a romp;
And that she'd never see
Me such a lady as she wished
Her little girl to be.
I know I loved my mother much,
And when she gently laid
Her hand upon the short brown curls
That kinkled 'round my head
And talked to me as now I know
A watchful mother should,
I thought I'd try with all my might
In future to be good.
Yet, tho' I am a woman now,
And tho' I try to be
Lady-like, and dignified,
When we have company
Td rather hunt for black-bird's eggs,
Or launch a mimic yawl,
Than wear "low necks" and "such sweet curls,"
To anybody's ball.
I wonder what is "gipsying" ;
I'm sure I do not know
I wonder if I ever went
"Long time ago."
Spring Hnx, Ohio.
Highly Important Decision Democracy
not Bound to be Consistent with Itself.
Several TVmnnrntH at Auburn, N. Y..
subscribed 600 to establish a weekly
Democratic newspaper, the Auburn
Democrat. One oi the subscribers,
Franklin L. Sheldon, a Douglas Demo
crat, became disgusted with the paper
because it sustained the Administration
against Douglas, and refused to pay the
last hundred dollars of his subscription
Thereupon Henry M. Stone, the pub
lisher of the paper, sued Mr. Sheldon
for the balance of his subscription. Mr.
Sheldon resisted the payment, and plead
that the paper established had riot proved
to be Democratic, and that his subscnp
tion was therefore void.
According to the argument for the
defense, the Auburn paper was of easy
virtue, and went in for everything
labeled Democratic, without any partic
ular regard to consistency. It advoca
ted Squatter Sovereignty and defended
the efi'orts of the Administration to crush
out Squatter Sovereignty in Kansas;
went for a slave code for theTerritories,
for the re-establishment of Slavery in
New iork as a beneficent institution
and for various other doctrines, which
the defendant in the case swore he be
lieved to be anti-Democratic and immoral.
The justice was evidently a Democrat,
without a why or wherefore, for he ruled
out all the evidence, and directed a ver
diet for the plaintiff for the full amount,
with interest. The case caused great
amusement, and is considered as
judicial establishment of the fact that
anything is Democratic that goes under
that name, and that a Democratic editor
is not bound to be consistent with hini
self.
Brains
An American sloop-of-war had put
into an English port, and the lieutenant
went on shore to reconnoitre. In the
course of his travels, he entered a tavern
where a number of British officers were
were carousing. They at" once recog
nized the lieutenant's nationality by his
dress, and resolved to amuse themselves
bv bullvins him.
"Well, comrade, says one, -you De-
long to the United States, I see."
"Right," was the answer.
"Now, what would yo do to a man
who should sav that your navy did not
contain an officer fit for a gunboat?" con
tinued the Englishman.
" I would blow his brains out!" re
nlied the lieutenant, with great cool
r . '
ness.
There was silence among her Majesty'
servants for a moment; but finally one
of them, more muddled than the rest.
managed to stammer out:
W well, Yauk, I say it."
The American walked to his side, and
replied, calmly:
" It's luckv for you, shipmate, that
you have no brains to blow out!"
Struck by the dignity of the answer.
the offender at once apologized, and our
hero was invited to join the mess.
More Chivalry;
A North Carolina paper says:
"A Scotchman named Sandy Tate
having expressed himself rather too
TT
freely upon the slave question and Har
per s Ferry afiair, in the village ot balis
bury, North Carolina, was recently
seized by a mob, and tarred an
feathered, after which he was placed
upon a fence-rail and carried to a neigh
boring duck pond, where, in the presence
of an immense throng of people, he was
ducked until he recanted. Upon being
released, the poor fellow took to his
heels, and has never been seen since."
DISSOLVING THE UNION DODGE.
In his Covington speech, Cassius M.
Clay calls the threat of dissolving the
Union in case a Republican President
is elected in 1860 a new Democratic
dodge and says:
Let us look at that a while this hew
dodtre for 1860. If you elect a Repub-
ican President, "we will dissolve the
Union." Who are we? Let us look at
that. "We," the slave-holders, the
number one, might, under some foolish
prejudices, think that they cbuld do bet
ter by dissolving the Union; but what
are you the twenty men from Kentucky,
going to do? Why dissolve the Union?
Answer irie that. W e the Republicans,
say that in the free Territories of our
common country there shall be a place
reserved for you and your children, in
case mistortune or slave competition
shall drive you from your homes into
exile, into some hew country, as it has
sent millions, where you shall be untram-
meled and undegraded again by labor-
alongside the unpaid slaves. For
this you arc going to dissolve the
Union.
Well, now, that reminds me of an an
ecdote that I used to hear in old Madi
son. There was a good natured old
rand-mother who had all her children
grown up and married on, and a little
grand-child used to come and see her.
vv ell, when the child wanted anything
of her grand-mother, and shefound that
he could not prevail on her good teel-
. i - t
mgs, she would exercise on ner iears.
When the old lady refused to give her
anything she wanted, she would go to
the top ot the stairs and say, "now,
rand-mother, give it to me, or I will
throw myself down stairs." And the
good woman would be much moved and
would say, "don't, for God's sake, throw
yourself down stairs!" . Is there any man
who is a laborer, who does not teel that
this thing of slavery ls.degrading to himr
Is there any that does not feel this?
Have I not felt it? Have not my chil
dren felt it since I have been thrown into
this new attitude of non-slaveholder, and
now are you going to throw yourselves
down stairs?
Pet Birds.
aged birds are a source of pleasure,
and while they give great happiness if
thev are kept in good healthy condition,
seem to enjoy life nearly, if noi quite as
well as their mates in the bush or the
wild-wood especially if, either from
ack of memory or blissful ignorance,
the caged birds do not know what pleas
ure they lose. "Where ignorance is
bliss, 'tis folly to be wise." One of the
great drawbacks to the happiness of
birds, and to the pleasure of keeping
them, is lice, and having recently learned
of a safe and sure way of removing them,
give it to our readers, lhe Michi
gan Farmer says:
"Lay a piece ot Uanton or cotton
flannel over the cage, several nights in
succession, taking it off at daylight.
Multitudes of the lice will be found
upon it, which are easily killed. After
few days all will be romoved. A case
in which this operation has been very
successful has just been brought to our
notice; from a pair of bobolinks hun
dreds of these little parasites were re
moved in this way."
A Phenomena in Add! t ton.
There is now in New York, a young
man of slight figure, master of a certain
wonderful talent. His name is Hutch
ins, and he is a native of Philadelphia.
This peculiar faculty he discovered only
a year since, and it is so surprising as
td nlerit notice apart trom the lact that
he teaches classes and individuals. He
will take three columns of figures, and
more quickly than" an drdiriary person
can read them, or instantaneously, give
the sum in addition without fail. The
whole is quick as flash, and appears to
set aside all the ordinary proceedings
of the mind. His manner of this, how-
ever is convulsive, xne ngures Deing
written down on a board, he seizes a
piece of chalk, and as he writes down
the amount, he utters it in a loud tone
apparently in an ecstacy. He sa s this
not a gift, bat a scientific process,
which he can impart more or less to pu
pils. The effect appears to be like that
of a brain over-wrought by concentra-
ion to a single thing; but he says his
ealth improves under the practice.
'Hissing Down" Freedom of Speech
Sound Democracy and Good Law.
At the late Union saving meeting in
Philadelphia, the following sentiments
were uttered by a leading juemocratu
politician:
Charles J. Ingersoll, whose uenioc
racy is almost as old as the State House,
by way of a fine tribute to liberty of
sneech. referred to traveling Abolition
. r . .. i i i ir i-ii
lecturers, and particularly 10 u euueu
Phillips, who ought, he said, "to be ar
rested as a .travohdg vagabond. Ap
olanse.1 Those who do riot concern in
the sentiments ot tnese adojiuoijisis
should attend their lectures and hiss
them down. He stated, as a lawyer, that
it was the right of every man to gO to a
publicly advertised lecture and hiss
down the speaker, ineers ana ap
plause.l There was a leading case in
the books that sustained inis pnucipie.
Should lie!
If a feller catch a feller carrying off
his wood, should a teller whale a leuer
if a feller could?
If a body spy a body creeping round
his lot, should a body treat a body to a
load of shot?
If a body catch a body stealing his
"old rye," shouldn t a body kick a body
till a body cry:
If a body see a body appropriating
his hat, should a body lick a body just
for doing that:
If a body citch a body winking at his
wife, should a body with a pistol take a
body's life?
If a body love a body with a body's
might, should a body kiss a body in
her mama's sight?
ESy"Mine fren, have you seen von
leotle trunk, vat I left to-morrow, as I
vi 11 come from ze steamboat by ze ho
tel?"
"I did not, rnonseur, and expect to do
so the balance of the day."
"By gar! if he gets stole, I vill kill ze
raskale vat vill take him till he choke.
Sacre! Vat a countrys!"
Bg?The May number of the Knicker
bocker Magazine has the following ex
tract, from a famous Union speech, re
ported by T. Hulbert Underwood:
During the exciting campaign of 185-
in Illinois, a prominent politician, made
a disunion speech at Quincy. After hi
was .through, and before the crowd had
dispersed, a man who styled himself "The.
Aforesaid M. D:," was called for. He'
was lifted upon the platform, so "eleva
ted" that he could not stand without
holding on to something. He said:
Gentlemen and ladies, you're talking
of dissblviri' the Union; you can't do it!
Thar's that are flag a-wavin' up thar,
called the Star-Spangled Banner; how
'ye a-goin' to divide that, ha? Are yer
a-goin' to give the stars to the Norf and
the stripes to the Souf ? No sir-ree; the
thing can't be did. Cheers.
And thar's that good old toon that the
band's a-playiri' out thar, called Yankee
Doodle; how ye a goin' to divide that,
eh? Are ye a-goin' to give the Yankee.'
to the Norf and the Doodle to the Souf
I say boldly, the thing can't be did!
Cheers.
And thar's that stream of water a-run-nin'
down thar, called the "Father-o'-Wotters;"
how are ye a-goin' to divide1
that? -Are ye a-goin' to dam it up with
Masori arid Dixon's line? I say ye can't
dothatthihg! Wal, ye can't! Cheers.
And thar's the, railroad layin' out
thar; how ye a-goin' to divide that, eh?
are you goin' to tie it up with Mason
and Dixon's line? You can't do itl
Cheers. v
And thar's all the fast tosses standin'
round here; how are ye a-goiri' to divide
them? old hosses! Are ye a-goin' to ruri
'em North, and run 'em Southl and runi
'em East, and run 'em West? Cheers.T
And thar's all the handsome wimmuh
round here; how are ye a-goin' to divide
tuemr Are you goin' to give the obi
ones to the Norf, and the young ones to
the Souf? Waal, you don't. If you go
to thunder you can't do it! Immense
cheering.
And thar s all the feathered tribe and
other bird's a-flyin' about here, and the
chickens and egg's-nests, and the yaller
legs and the black-legs; how you goin to
aiviae tnem, enr Are you gom to give
the Pullets to the Norf and the Cocks
to the South? TTremendous cheerinjr.T
Our reporter could hear no more, for
the roars Of laughter Vfhieh ensued as the
"Doctor caved in ani fell from the plat
form. No Compromise Between. .t.h5t .Northern
ana southern Democracy.
We copy the followingfrom the Wash
ington correspondence of the Philadel
phia Ledger: . .
We have more decided evidence of the
fact that the whole South is more dei
termined nosy, than ever to insist, at the
adj ourned Baltimore Convention, upon
a plain, and explicit, and unequivocal
declaration that they have an equal
right to go into the Territories with
their property, and that the right shall
be protected, when necessary, by all tho
branches of the General Government. -
There can be no trifling, and, indeed, nd
compromise on this subject between the
Southern and Northern Democracy.
The Largest
Printing
World.
Frees In the
At the printing house of the Apple-
tons, in New lork, is a press made ex
pressly for Webster's Spelling Book;
which prints both sides at once. As this
is the only press of its kind in existence;
so Webster's "Speller" is the bbly book
requiring a press so rapid, and on which
single book is being printed without
interruption from January to December.
The sale of Webster's "Speller" amounts
to more than one million per annum;
and more have been sold than there are
people in the United States. New
1 ork Albion.
S Alexander Dumas had left Paris;
at last accounts, for Marsellies, to start
on his voyage in his little steam yacht
Monte L hristo. He takes with him five
companions, one a proteased photo
grapher, three compositors, a pressman
and a press, so that the records of his
voyages will be printed almost as fast as
they are written. The trip will last
fifteen months, and M. Dumas expects
to .write and print two volumes per
month.
One of the Games.
On a strict western steamboat the usual
amount of gambling and other expedients
for getting rid of time was resorted" to,
and one evening some of the passengers
asked the captain if he had any objec
tions to their holding a prayer meeting
in the cabin "None at all, gentlemen,
was his bland reply, "amuse -yourselves
in any way yon liks; only remember 'that
it is the rule of the boat that all games
must cease at ten o'clock."
The fcla-ro Vr&We. HxImIc,. -
The Key West, Key of the Gulf, states
that when the barque Wildfire left the
African coast, there were fourteen Amer
ican vessels waiting for cargoes of ne
groes. The barque lUtams lett eight
days before her, with seven hundred and
fifty on board. Two Spanish arined
steamers were also waiting at the Congo
river, for cargoes of one thousahd five
hundred negroes each, bound for Cuba;
Cured, Kaslly.
The habit of drinking can be cured by
ving the drinker all the liquor he
wants to drink, all the time; We know
of two, says an exchange, in our own ex
perience, who were cured in three weeks.
One jumped out of a four story window
and ran a curb stone in his head; tho
other didn't get up one morning, and
has a Universal curb stone growing out
of his head in the grave-yard.
Newspapers.
Many people like newspapers, but few
people preserve them; yet the most iri
teresting reading imaginable is a file of
old newspapers. It brings up the ry
age; with all its bustle and every-day af
fairsand marks its genius and its pit it
more than the mctl labored desciiiio.t
of the historian. Who can take up a
paper half a century li k, without the
thought that almost every name there
printed is cut. upon. a tombstone at the
head of an epitaph? .
B.A German economist proposes td
bleed oxen, cows and sheep once a week;
and to use the blood for food.