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f J. ti i-.l ,! ..ni t Ah e it VOWJJIE 19--N0.4. i ' " CADIZ, OHIO, WEDNESDAY, MAY 12, 1852. TERMS $1,50 IN ADVANCE i. -iiT t- .-if?.:-? X1 vs. Ji.'.M ill "f v Tm nTT' Tn " ' : TIK Til TUT Tl TTh 71; ml TT fr : fl TT1 TAT ml TT TT TTI TT Mit 1 1 i f 41 11ft.l i I III i m XVII IS 1 ;t I ' I 1 I 1 i. jj .'Ay ill' i VV 1 I I 1 lb 1. iU 11 II lb ISM .11 .11 1j i Ui 9 1 j v; 1 f j LAWS OF OHIO. "FUBLISHEDBY t"7 No. 48." " AN ACT for the Protection of Sheep. - Sec. 1. Be it enacted by the General . Assembly of the State of Ohio, That, if any dog or dogs, shall kill or injure any sheep, the owner or harborer ot suchdo!? : or dogs, or any of them, shall be liable lor ,all. damages that may be sustained thereby, to be recovered by the party in jured, before any court having competent jurisdiction. . , Sec 1. 1 It shall be lawful for any per oh, at any time, ta kill any dog which may be found running, worying, or injur ing sheep.-' 14 : ;! il - 1 " , Sec. 3. That if the owner of any dog which is in the habit of running from home and wandering about without the presence of its owner, shall neglect or re iuse to eonfino such dog, after due notice given of its wandering habits, it shall be lawful for any- person to kill such dog whenever it may be found roamiag about off the premises, and away from thu pre sence of such owner. , Sec, 4, . That the act entitled 'An act , to prevent injury by dogs,' passed De cember 24th, i 1814, and an act entitled An act for the protection of sheep,' pass ed March 15ih, 1850, be, and the same are hereby repealed: Provided, that noth ing herein contained shall be so construed as to interfere, with any rights, liabilities er claims, that may have accrued under aid repealed acts. ., JAMES C. JOHNSON,. ; Speaker of the House of Representatives. V - WILLIAM MEDILL, April tt, 1868. President of the Senate. -' No. 49. ': '"' AN ACT authorizing the Courts of Jus-, lice to change the venue in suits wherein ' v it Corporation is a party, in certain cases. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in any suit wherein a corporation, having more than fifty stockholders, is a party, if the opposite party, plaintiff or defen dant, as the case may be shall make af fidavit that lie cannot hare a fair, and im partial trial in the county in which such corporation keep its- principal office, or transacts its principal business, as he vc " rily 'believes, and if his application shall "bo sustained, by', the several affidavits to ' the same effect, of five credible persons, ..tesiding. in such county, it shall be the ; 'duty of the court to change; the venue to some adjoining county, most convenient to both parties; whereupon the suit shall be tried or ! heard in the same manner as if it had been originally commenced in : such adjoining county. JAMES C. JOHNSON, Speaker of the llourcof Representatives. , . WILLIAM MEDILL, April il,:1852. 'President of the Senate. ",y:."y .' y No. 50. ' :v AN ACT to regulate the Superior and ' " Commercial Court of Cincinnati. 1 . Sec. 1. Be it enacted by the General .Assembly of the State of Ohio, That whenever the office of Judge of the Supe rior or Commercial Court of Cincinnati, shall become vacant, by death, resigna ' tion, or otherwise, such vacancy shall not ' be filled, but the court shall at once cease and, determine, and all the business there of, not then disposed of, shall be transfer 1 red to the Court of Common Pleas of Hamilton county, and the clerk of the said Court of Common Pleas shall tBke charge ' of the dockets,-journals, records, original lilcs, and all other property and papers of said Superior or Commercial Cuuri; and.; ,' uU proceedings, causes, orders, judgments, decrees; and matters heretofore pending,1 entered and had in the said Superior and " Commercial Courts, shall stand, be pro ceeded unon. and orosecuted, in all re spects, to final determination, as though the same had been originnily commenced in the" Court of Common Pleas. 7'y' . ,,. JAMES C. JOHNSON1,, . Speaker of, the House of Representatives. !., WILLIAM MEDILL, ' -'-'''"' President of the f?enate." Vi ..Apni 24, ic52. . . , '. . ,; '' .77 No77i. '' A'k 'ACT to attach the county of Noblo iu ' td the' first subLdivisioh of the Eighth I "' ' Common Pleas' District. ',,. : , ', , .. .'7 Siecf i'.' ' Be it'enaeted by the General i Assembly of the State of Ohio, That the county of Noble be, and hereby is attach- edto,, and with, the counties of Muskin gum and Morgan, shall constitute the first 'sub-division of the eighth common pleas, ' district', for ; judicial purposes. :, "7, ,' . ' '.a -w.t. : : . J AMES . C, JOHNSON,, . , V, ' Speaker of the Hou?e of Representatives. ' 'WILLIAM MEDILL, f ' " "" President of the Senate. ', -lAprit 4, 1852. !. ' ; ; . :;L )tj':'.-''.',i.li7i.-'N0i-'. " i .:.!.ft.f ' AN' ACT" filing' the time of holding the district iouri in mocoupiy pi 4 owe, , , j ' giol' j'.' ' Be it enacted by the General Asnbtyiof the State of 6h& ttat theS District Court shall hereafter be held in an foH'tu.e 4dtrf Noble' oiiJ Uetye-,tv-e'whth 4y of August. Mi' r : " ,!, JAMES. 0. JOHNSON, , 'Speakcf of the House of Representatives.! ,uU, ,,u., WILLIAM MEDILL, ' w. ' ' President of the Senate.'; ;7AprisCiC52,,,:y .;.),:.;'';'t.,,.'-.'f .".. ".""""NoJ 531. -' V--'t 'JkHXf providing for the appointment, .; of offipersUe Ohiuniteatiary. "m 'f&c;'1:1" Bo it enacted by the General "scmbly'pt'. thV State of Ohio, That the ! Governor of tbe State,' ,by and with the advice aad consent of the Senate, is hcre 1 by " autliot'iKed ! and directed, to 'appoint ' tfii,y(bfWmld:Penltaam one olwliom 'ghnll be'a isident of the ?minvy "of Franklin,- and no two shall be rwidf tils' 4)tf, iyni Wh', ytio" shk hold their office forlhe term 'of two years, and until their successors arc appointed and qualified; said directors shall sever ally take and subscribe an oath or affir mation, to suppport the constitution of the United States and of the State of Ohio, and faithfully to discharge all the duties which may be required of thera by law; and in case of any vacancy by death, resignation, or otherwise, shall occur in the office of Directors, during the recess of the general assembly, the governor shall fill such vacancy by appointment, subject to the consent of the Senate, when again convened, ...., Sec. 2. The Directors shall receive annually the sum of one hundred dollars, as compensation for the services required of them bylaw, to be paid out of the state treasury, upon the order of the au ditor of State. , Sec. 3. . It shall be the duty of the Directors to appoint a Warden of the Penitentiary, who shall hold his office, for the term of two years, unless sooner re moved by- the directors on good cause shown; but in case of removal, the rea sons therefor shall be entered upon the books of the institution. The warden shall take and subscribe an oath or affir mation, to support the constitution of the United States and of the State of Ohio, and faithfully to discharge all the duties which may be required of him by law; he shall give bond to the state of Ohio, in the sum of ten thousand dollars, with at least two good and sufficient sureties, who shall be freeholders of this State, con ditioned for the faithful performance of . the several duties which may, from lime ; to time, be imposed upon him by the laws of this state, which bond shall be approv- . ed by the directors, and deposited in the ; office of the treasurer of state. ' The war- j den shall appoint such number of assis- ' tants as to ihe directors may appear nc- ccssary, and the assistants so appointed j shall severally take an onth or affirmation I to discharge with fidelity their duties as j such, and shall enter into bonds with the j state of Ohio, with one or more sufficient J sureties, to be approved by the directors, j in any sum not exceeding five hundred dollars each, conditioned for the faithful discharge of their duties, which bond j shall be deposited iii'thc office of treasur- i cr of state. ' ; i i Sbc. 4. , The warden shall receive an annual compensation for his services, to ; be fixdd by the directors, not exceeding 1 twelve, hundred dollars per annum; each I assistant shall receive not exceeding thir- ! ty.-five dollar,, per . montli, except, night . guards, who may receive not exceeding forty dollars per month, to be fixed by j the directors, which compensation shall ! be paid quarter yearly out of the treasury i of state, upon the order of the directors. That no person so employed shall be en- j. titled to perquisites, in the shape of board, provisions, carriages or horses, for them- selves or families. j Sec. 5. The warden shall attend to J the purchasing of the raw materials to be manufactured in the Penitentiary, and shall ulso attend to the sale of all articles manufactured therein; he shall nlso pro vide food and clothing for the convicts, and shall have in charge the whole oper ations of the establishment. All moneys drawn from the treasury for the use of the prison, shall be drawn on the order of the warden, countersigned by at least j one of the directors, and under such rules j and regulations as shall from time to time j be prescribed by law, or the rules estab lished by the directors.. j Sec. 0. . The directors shall, in turn : every two weeks, and in company every three months, inspect the warden's ac- counts, the different apartments of the j prison, and the condition, of the prisoners, and shall have power to regulate and fix j ' the appointment, duties and salary of all : officers or agents of the Penitentiary not otherwise provided for by law; and annu- ally, in the month of December, submit j ' to the Governor of the State, a report of j the condition of the prison, together with i . suggestions as to the improvement that may to them appear necessary. - Sec. 7. The directors and warden of 'the Penitentiary shall, from time ta time, ' establish by-laws, rules and regulations, for the discipline and government thereof;, and the warden, for himself, and his as sistants, shall be held responsible for the observance and enforcement of such by laws,; rules and regulations; Provided, always, that such by-laws,, rules and re- ' gulations, shall not be contrary to law; and the directors shall submit such by laws, rules and regulations, to the legisla ture, at each regular session thereof. " Sec. 8. The warden, by and Uh the nd vice and consent of the directors, shall ' have power to employ a clerk, whoso du ty it shall be to keep a fair, plain and re gular account, in double entry, with the - state, crediting the same with all money drawn out of the treasury for the use of the Penitentiary, and with all moneys re ceived for the sale of manufactured arti cles, and charging the same with all mo-. neys paid out on account of the institution; He shall also keep a regular account 01 an ' purchases made by the warden, for the , use of the institution, and of the amount . of the sales of manufactured, and all oth er articles; also of the name, ngef and ! general description of each prisoner, and , the crime for which lie or she has been convicted, together with any confession' he or she may make; as well as every 'circumstance connected with his or her, . ..caso, as may be deemed of importance; . and shall receive as salary not exceeding nine hundred ; dollars per annum. The directors and warden shall hold their re spective, offices until their, successors are . appointed and qualified. -h , . : JAMES C. JOHNSON, Speaker of the House of Representatives.' , , , . .; WILLIAM, MEUILL, , , , .' President of the Senate. , April 26, 1852. ; ; '" "rT. I-a 1"" " HO w i 4N ACT . to .authorize, the execution ot deeds fo lands purchased of the Htel it'liK'.' ' if KlH-l Tli.-i.tf . of Ohio, in cases where the original con veyance has been lost or destroyed. Whereas, it is represented to this Gen eral assembly, that many deeds of convey ance for lands purchased of the State were destroyed by fire at the time the land office, at Defiance was burned, in consequence of which, such purchasers have no legal evidence of title to their lands; Therefore, Sec 1. Be it enacted by the General Assembly of the State of Ohio, That the properonicers are hereby' authorized and required to execute and deliver to such purchasers, their heirs or assigns, deeds of conveyance" for lands so sold, , the deeds for which has been lost or destroyed, before coming into the possession of such purchaser, on the' production to itucK of- icer of the certificate of purchase; and if, in any case, such certificate of purchase should also have been lost or destroyed, and such loss or destruction can be shown to the satisfaction of such officers, by af fidavits,' properly authenticated, and it ap pearing from the records that a' certitr cate corresponding with that alleged to have been lost, was issued, such officers shall place on file the testimony so pro duced, and shall issue deeds for such ; land to the purchaser, the same as if the 1 original certificate had been produced. " - JAMES C. JOHNSON, Speaker of the House of Representatives. WILLIAM MEDILL, . April 26, 1852. President of the Senate. No. 55. AN ACT to encourage wolves. the killing of Sec. 1 . Be it enacted bv the General Assembly of the State of Ohio, that any : person who shall kill any wolf or wolves, wilhiu thi State; shall be entitled to re ceive a compensation or reward, for each wolf above the age of six months, of four dollars and twenty-five cents; and for each wolf under the age of six months, the sum of two dollars and fifty cents. Sec. 2. That any person claiming such ' reward, shall produco the 'scalp or scalps of the wolf or wolves, so killed, with the cars entire,' within twenty days after such wolf or wolves were killed, tt the clerk of the court of common pleas of the county within which such wolf or wolves were killed, or of the county to which such county may bo attached for judicial purposes; and said clerk shall ad minister to the person producing such scalp or scalps, as aforesaid, the following oath or affirmation: "You do solemnly -"sfvfcftrYdr" affirm"1 "(a' ' ITie' case"ihriy "be,') th.it the scalp (or scalps) now produced by you, is the scalp (or scalps) of a wolf or wolves (as the case may be,) taken in the county of (naming the county,) by you, within twenty days last past, and you ve rily believe the same to have been over or under the age of six months, (as the ' case may be,) and that you have not spar ed the life of any she wolf, within your power to kill, with a design to increase the breed;" which oath or affirmation shall be, by the clerk, taken in writing, ; and subscribed by the person presenting the scalp or scalps. Sec. 3. That the clerk before whom such oath or affirmation is made, after causing the scalp or scalps to be destroyed in his presence, shall file the deposition so taken, in his office, and under the seal thereof, grant to such person an order on the treasurer of state for the amount of moneys which may be due such person by the provisions of the first section of this act, which shall be payable to him and to his order, and shall be received in payment of taxes, for state purposes; and each and every order drawn as aforesaid, shall be ' numbered by the clerk, and placed on file in his office; with the deposition of such person, which deposition shall, on the back of the same, contain the receipt of the per son, for such order drawn as aforesaid. Sec. 4. That said clerk shall enter in a book, to be kept by him for that purpose, the date, number and amount of ail or ders drawn by him in conformity with the provisions of the prececding section of this act; also, the namo of the person to whom granted; and he shall annually, on or before the fifteenth day of April, make i oat and transmit to the au.litor of state, an exhibit of all orders by him drawn as . aforesaid.' ' " ' - ci Sec. 5. 'That it shall be the duty of , the State Treasurer, immediately on re ceiving in payment of taxes, or otherwise, any wolf scalp order, to enter on the face of the same, the day and date, and the , word "redeemed," and it shall be the du ty of the auditor of state on receiving any such redeemed order from the treas urer, to file and preserve the same, and once a year to compare them with the ex hibit of the clerk of the proper county, hereinbefore required to be made to said . auditor..;.. . . ..: 1 - Sec. 6. That the county commissioners ;. of any county; may increase the bouuty for killing wolves over six months old, to ; eight dollars per scalp; Provided such in crease shall be paid out of the treasury of .-the proper countr. ..-: , . ; T : ! JAMES C. JOHNSON, , . Speaker of the House of Representatives. WILLIAM MEDILL, : .; President of tho Senate. . April 2G.' 1852. . : i .U ' ' ! : " No. 5(5. " . -V :!;; : ' ' ::' .. 7 ,. j .; . an act; , - ,:' y To reorganize the Benevolent Institutions jA .-,.' -of the State of Ohio...- .A m,. Sec. 1. Be it enacted by the General. Assembly of the StaU; of Ohio, That the ' Asylum for the insane, the institutions for the education of the Deaf and Dumb, and for the education of the Blind, be placed under the control or a uoara oi irusiees, consisting of nine, members, three of which board shall be selected from-the city of Columbus, pr its vicinity, and the remain-' ing six to be selected from tiic different por tions of the state,, ijo, two or whom shall; be residents of the same' county, which, ' shall be denominated the Board of Trus Heec for the Benevolent InstitutionsT Who shall each taks SB bath- faithfully to di charge the duties required of them bylaw; and the said Board shall be appointed im mediately after the passage of this act, as provided for in the constitution; the three first named, shall be appointed for i two years; the three second named, for four years; and three last named, for six years; and after their terms of service shall successively expire, three others shall be appointed in like manner, fer the term of six years. ... Sec. 2. That to the Board of Trustees shall be committed all the powers for the government and .Regulation of the institu tions above named, now held by the seve ral boards of trustees of these institutions, which board of trustees it shall supercede, from and after; the lime specified in this act. . , f Sec. 3. .That the Board of Trustees . shall appoint from their own number, a ! President, to preside at its meetings, and a Secretary, to record, attest and preserve . its proceedings: , Seo. 4. That the Board shal 1 appoint from its own number, a committee of three . for the institutions aforesaid, which com mittee shall have control of the respective ins.it'jiions during the interim of the stated meetiogs of the Board; all their acts however, shall be subject to the deci sion of the whole Board, at its stated meet ings. '),:),.,. Sec. & That the board shall meet an nually, on the first Monday in December, at which time the, committee above named and also the Superintendents of the seve ral institutions shall present their written reports, which reports shall contain the names of each and every person employed about the several institutions, and also the amount paid to each person, which reports shall be approved by the board, and pre sented to the Governor, as provided for in the constitutions Sec. 6 That there shall be visitations and thorough examinations of the several institutions, monthly by one, and semi-annually by a majority of the trustees, and annually, by the whole Boerd of Trustees, which board shall draw up and preserve, a detailed ropojjt or record of the procee dings of the several institutions under their charge, which jj-ecord shall be subject to the command ef the General Assembly, and open at all times to the committee on Benevolent Institutions. Sec. 7. That the Treasurer of State shall be, and he is hereby appointed the treasurer of these several institutions, and all the expenses. of the several institutions shall be paid out of the funds appropria ted for the Use oT such Institutions, on or ders signed by the Superintendent nnd two of the committee. Sec 8. The Trustees provided for in this act, shall perform all the duties requir ed of them, gratuitously; Provided, how ever, that they shall be entitled to have their necessary expenses paid, during the time they may be actually engaged iu the discharge of their official duties. Sec. t). That this act shall tako effect, from and after the first Monday in June next; and the Board of Trustees appoint ed under the provisions of this act, shall meet at the ciiy of Columbus on said day and organize. , , . , JAMES C. JOIIN'SON, Speaker of the House of Representatives. WILLIAM MEDILL, President of the Senate. April 20, 1052. ...... No. 57. AN ACT . To provide for the erection of two addi ' , tional Lunatic Asylums. ' ' Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Governor.by and with the advice and con sent of the State, is hereby authorized and required to appoint six Trustees, no two of whom shall be residents of the same county, or adjoining counties, whose du ty it shall be to select and purchase, or re ceive by gift or donation, two lots of land, nt such points as in their opinion will best subserve the public interest, suitable for the erection thereon of two Asylums for the insane; the unincumbered title to said lots to be secured to the "state of Ohio; Provided, neither of said Asylums shall be located within five miles of any city containing fifty thousand inhabitants, nor , within one mile ot any other incorporated city, town or vilnge. . Sec. 2. That in making such selec tions, the Trustees shall take into consid eration any donation that may be propos ed towards the establishment and erection of said institutions. Each one of said lots of, land so selected, shall contain not less than fifty uor more than one hundred acres. . Said Trustees, after securing the land, shall forthwith proceed to make ar rangements for building, on each lot, suit- , ablo building for tho euro and treatment of at least one hundred patients; and to enable them to proceed without difficulty . orembarassment, they are hereby author ized to contract (according to the provis ions of the following section of this act) for the necessary materials, nppqint suita ble persons to attend the erection of the same, and to perform such other duties as may be necessary to carry out the objects herein contemplated. Sec. 3. That said Trustees of said As ylum shall submit to some competent arch itect, a . statement of the dimensions, ar rangement and plan of each of said Asy lums, and of all buildings and other im provements necessary to the perfect Utility ' of said Asylums,; and also a statement of the several kinds and descriptions of ma terials which shall be used i the several parts, of said improvements, as the said improvements, shall have been agreed up on by said Trustees; and shall procure to be executed by said architect, such drafts, descriptions, plans, estimates arid profiles, of nil such proposed buildings and. im provements of grounds, as will enable es timates to be made therefrom, of the cost of all Darts of said work and materials; rand said Trustees shall, at least four weeks before the time for receiving bidsas herft- ;in provided for, place copios of sueh drafts, descriptions, plans, estimates and profiles, n the office of the Secretary of State, and 1 also publish said descriptions in four newspapers of general circulation throug out the state, stating therein the parts in which the said work and materials will be let, and the terms. And said Trustees, after said notice, shall let the said work and materials to the lowest bidder, who shall execute a bond, w ith two sufficient securities, conditioned for the faithful per formance of his contract; but the entire cost to the state of each of said Asy lums, including all necessary buildings, grounds and improvements, shall not ex ceed in the aggregate, when perfectly com pleted, seventy thousand dollars; and no contract shall be made for begining any Eart of said work, nor shall any work be egun, until arrangements shall be made insuring their completion, at an aggregate not exceeding the sura aforesaid. Sec. 4. Said Trustees, before enter ing upon the duties of their office, shall take and subscribe an oath or affirmation, before some competent authority, faithful ly to discharge all the duties required of them by this act; they shall each be enti tled to receive three dollars for each day necessarially employed by them in select ting sites, contracting for the erection of bindings, and providing temporary ar rangement for the accommodation of pa tients, as provided for in section six of this net, nnd the expenses necessarily incurred in the discharge of the duties assigned them, to be paid out of any moneys in the State Treasury not otherwise appropria ted; their accounts to be audited and ul lowed by the Auditor of State. Sec. 5. Said Trustees shall be required to make a fair nnd full report of all their proceedings, (including the plans of the buildings adopted by them, ) to the pres ent General Assembly, if in session; nnd if not, I hen to the next General Assembly. Sec. 6. That said trustees may, if in their opinion the suffering condition of the insane require it, cause temporary ar rangements to be made for their accommo dation and treatment, until the perman ent buildings provided for in this act shall be completed; the same, as well as the in stitution herein contemplated, to be under the control of said Trustees, and suiject to the rules nnd regulations provided for in the several acts for the government of the Ohio Lunatic Asylum, and the care of idiots and insane. Sec. 7. That at the meeting of the next General Assembly, the Governor shall nominate, and by and with tho ad vice and consent of the Senate, appoint fAx persons, as successors to Uk - Trustees herein named, who shall manage and di rect the concerns of tho Asylum, in man ner as provided for in the several acts for the "government of the Ohio Lunatic As ylum, and the care of idiots and insane ;" and of those first appointed under this sec tion, two shall serve for one year, two for two years, and two for three years. Sec. 0. Said Trustees, to be appointed ns provided for in the first section of this act, shall hold their office for the term of two years, or until their successors are ap pointed; and incase a vacancy shall oc cur by death, resignation, or otherwise, the Governor shall fill such vacancy by ap pointment, until the next General Assem bly, or until his seccessor shall be appoint ed, ns herein provided for. .'. Sec. 9. That said Trustees, and their successors in office, shall have power to take and hold in trust for the use nnd ben efit of said Asylums, any grant or devise of land, and any donation or bequest of money, or other personal properly, to be applied to the maintenance and snpport of insane persons, in, or to the general use of the Asylums. Sec. 10. That the sum of one hun dred and forty thousand dollars, is hereby appropriated for the purchase of the afore mentioned lots of laud, and the erection of buildings thereon, as contemplated by this act, fifty thousand dollars to be paid in the year 1 852, and the remaining ninety thous and as the work progresses, after the year 1352, out of any moneys in the State Treasury, not otherwise appropriated, to be drawn ou the order of a majority of the. board of Trustees; Provided, that no mon eys shall be drawn from the treasury, fast? er than the progress of the work may re quire. JAMES C. JOHNSON, Speaker of tho House of Representatives. , WILLIAM MEDILL, President of tho Senate. April 50, 1852. : (No.. SC.) . , ; AN ACT To regulate elections , for Senators and i Represeta:ives in New Counties, crea- . ted wnco March lOlh, 1051, and that may hereafter be created. 1 ; ,, Seo l. Be it enacted by the General Assembly of the State of Ohio, That new counties, created fince the 10th . day of March, one, thousand eight hundred and lifiy-one, and all new counties that may hereafter bo created, shall be represented in .the .Senate and House of Representa tives of the Stale, during the decennial period in which such new , county is or shall be created, ia the. same . manmr as if the law creating nny such new county had not been paused, ; Sec. 2 The judges of all state nnd county elections in all sm-li new counties, shall be governed in all their duties by the general laws governing elections, so far as the same are consistent herewith. , Sec. .3. The judges of elections in the several townships or flection districts, composed in whole of territory that origi nally belonged to any one of the counties out which such new county is created, shall cause to be kept two t:parnto poll books for Senator and Reprecnta'jvej in the same manner that the general poll book is required by law to be kept; one of wlik'U shall be deposited with the township, or district clerk, as the case may be, ta each township or election district fur the uie oij isuch perwn as lny choose taiospeot the, same;; and the other sbftlk W pertifiedi ( sealed up. and directed in the sains man m :rqurcd. W,,tfor ,tV. rAjtu.ro o: the general poll book, and conveyed with- in three days next after the election, by one ot the judges thereof, to the clerk of the court of common pleas, of the county to which the territory before, and at the time of the creation of such new county, belonged. Sec. 4. The judges of elections of such townships or election districts as are composed of territory that originally be longed to two or more of the counties out of which such new county is create d, shall cause to be kept two separate poll hooks for Senator and Representative, for each portion of territory that originally belong ed to different counties, in the same man ner as the general poll book is required by law to be kept, one of each of which shall be deposited wiih the clerk of such town ship or election district, and the other of each shall be certified, sealed up and di rected, in the same manner as required by law, for the return of the general poll book, and conveyed within three days m-xt after the election, by one or more of the judges thereof, to the clerk of the court of common pleas of that county to which the territory before, and .it the time of the creation of such new county, belonged. Sec. 5. It shall be lawful for the elec tors residing in any such township or elec tion district, as is mentioned in the fourth section of this act, to v ate for Senator and Representative, at the usual place of hold ing elections in such 'ownship ;r election district; and it shall be the duty of the jud ges of elections of any such township or election district, in said fourth section i mentioned, before they receive a ballot for ' Senator and Representative, to put the i necessary question to the elector propo ; sing to vote, so as to fix his residence; and in case the elector is challenged for non residence in any particular portion of the township or election district, then it shall be the duty of said judges to swear or af firm the elector, to the fact, in the same manner as for any cause of challenge. Sec. G. Eor the purpose of carrying out the provisions of this act, the said jud ges shall take to their assistance any ne cessary number of additional clerks, who shall be paid the same fees, and qmililied in the same manner as in other cases. Sec. 7. The several clerks of the co'l't of common pleas referred to in this act, shall receive the returns of the elections for Senator and Representative,' and be governed in all things thereby, in the same manner as if the law creating such new county had not bean passed; and in ma king out the returns of such electiou, shall receive nd count the said votes so returned as aforesaid and certify accord ingly, and be in all respects governed by , the general laws in regard thereto, so far as the same may be consistent herewith,' and as if said votes were p lled in their respective couitios; and the said clerks of court shall give a certificate to the return ing officer for his fees, the same as for like services, to the Auditor of their respect ive counties; and the said Auditor shall audit the same, and issue an order on tho Treasurer of the county therefor. Sec. 0. All votes forScnators and Rep resentatives in any such new county, shall bo on a separate ballot. . Sec. 9. That if tiny officer charged ni.h any duties under this act, shall neglect or refuse to perform the same, such officer, upon conviction thereof, before any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred and fifty dollars, nt the discretion of the court. Sec. 10. That all fines imposed by this act, shall be recovered, with costs of suit, in m nc. ion of debt, or by indictment for the use of the comity. JAMES C, JOHNSON, Speaker of the House of Representatives.' WILLIAM MEDILL, President of the Senate. April 30, 1052. -. . . No. 59. : . ; ,. ' AN ACT .''' " Further prescribing the powers and du ties of "the courts of this State, nnd the . judges thereof, nnd to repeal the 'eigh teenth section of the act "relating to tho organization of courts of justice, and their powers and duties," passed ." February nineteenth, one thousand tight r hundred and fifty -two. "' '. Sec. I. Be it enacted by the General Assembly of the State of Ohio, That all process and remedies anth irized by the . laws of this state, when the present con stitution took effect, may b? had and re ported to in the courts of the proper juris diction, under the present constitution; . and all the laws regulating the practice of nnd imposing duties on, or granting pow ers to the supreme court, or any judge thereof, and the courts of common pleas, or any judge 'thereof, respectively, under : tho former constitution, except as to mat- ; tors of probate jurisdiction, in force when tho present constitution took effect, shall 1 govern the practice of, ,nnd impose liko duties upon ihe district courts nnd courts of .common pleas, Hnd the judges thereof, respectively, created by the present con : stiiution, so far as such process, remedies nnd laws, shall he applicable to said courts respectively, and to the judges thereof,, and not inconsis'ent with the laws passed i since the present constitution took effect. Sec. 2. Each ''judge' of the ' court of" 1 common pleas, shall, in his subdivision, ; be the presiding judge of said court, and when any person or persons shall be con ' victed of any crime or oll'ence, and 'the court of common pleas or .criminal court of uny county, shall have signed sod seal 1 eda bill of exceptions to any dcoUioa c: charge of said coutt, such, oourt may, on ; the upplioatiuft uf thspcftHU or persons so ouDV'ioted, suspend the execution .of , the sentence or: judgment, strainst sueh person or persona, until the nest: term, of ' such court; Provided, that if it haU be mado to appear at the next tens of sail , court, that a writ of error has been , lowed in sny such oa-o, and- ro hearing- on. BucbiWrit shall have bees had,, it shall be the dutyjof said court, on application rnado for that purpose, further tg suspend such execution, until the hearing of the came on such writ of error. . , Sec. 3. All books, stationery, and oth er articles for the use of the Supreme Court, shall be furnished by the Secreta ry of State, on the order of the eourl; and no bill for any such articles shall be allowed or paid, unless furnished in ac cordance ith the provisions of this act. Sec. 4. That the eighteenth section of the "act relating to the organisation of courts of justice and their powers and du- : ties," passed Februsry nineteenth, ou thousand eight hundred and fifty-two, be and the same is hereby repealed. JAM ES C.J OH XSOX. Speaker of the House of Representative!. , WILLIAM MEDILL. 1 President of the Hrnste. April 30, 1C5. No. 60. AN ACT To provide for compensation to ownrs of private property appiopriated to the us of corporations, j Sec. I. Be it enacted by the General ! Assembly of the State of Ohio, That all j appropriations of private property to tl I use of anv and every corDoration now ex isting, or that may hereafter be created iu this state, which may be au'horized by law to make such appropriation, for th'n right of way, or for any other purpos which may be within the scope of the Iv g il authority of such corporation, shall b m ule and conducted in accordance with, the provisions of this act. Sec. 2. Whenever any such corpvit tion shall wish to make any sueh appro priation, and shall be unable to agree witU t'ie owner or owners of the property sought to be appropriated, or . wi'h his, her, or their authorized agent or attorney, upon the compensation to. be paid there for, it shall be the duty of such corpora tion, by iu proper officer, agent or attor ney, to make out a statement, which sha'.l contiin a specific description of each par cel of property and rights sought to be appropriated, within the county where such application shall be made, and which such corporation, at the time of filing such statement, seeks to 'appropriate, of , the work, if any, intended to be. constructed thereupon, the name or names of the owners of each parcel, if known, or if not, a statement of that fact, aud such state ment shall be forthwith filed with the pro bate judge of the proper countyi , . . Sec. 3. That it shall be the duty, of the probate judge, on receiving sueh" no tice; o immediately notify the clerk of the court of common pleas, and slieiitf of the countv, of the filing of such state ment; anJ the aid clerk and sheriff shall, within one day after receiving such notice, proceed to select from the names returned to serve as jurors.a jury of twelve men, in the same manner that jurors are select ed for the trial of any cnuse in the court' of common pleas, for the purpose of esti mating and valuing the amount of com pensation each owner or owners shall re ceive, or be entitled to, by reason of su.-li appropriation; and the saij. clerk shall im mediately return the names of the jur.r.i, so drawn, to the probate judge, who shall thereupon issue his venire facias to thu sheriff or other proper oflk-er of the cjy.x ty, to summon such jurors, so drawn im aforesaid, to attend on some day specified, at the office of said judge, not exceeding five days from the issuing of said venire, tl. en and there to be empaneled and sworn to render a just verdict, in life manner hereillafter described; and, shall, at th time of issuing such venire, issue a notice to the several owners of property s sought to be appropriated, of the time when said jury will meet at the officj. of said judge, for the purposes aforesaid; which notice such sheriff or other officer shall serve upon the pirty therein '.named, nt the time of serving such venire. Sec. 4. It shall be tlu duty of ih snenn, or omer proper otticer, receiving such Venire facias, to summon the perwi therein named, in the same manner that jurors are summoned to attend the court of common pleas; and if, by reason of non attendance, challenge for cause, or for a , ny other reason, such jury "slmll not- be ' full; the ''sheriff shall fill "the same, , with talesmen, as in like cases in the court of common pleas; but no challenge extent, for cause, shall be allowed to either in'i-- ? ' ' : y ;' Sec. 5. When the panel is so filleJ it shall bo the duty of the probate judge to administer the following oa'.h.to t'ae; jury so empaneled, to wit: You nnd ettch U you, do solemnly swear, (or affirm,',) .that you will justly nnd impartially 'assess, ;.:- cording to your best judgment, the damn ges, in money, which (here name the own er or owners,) will (each) sustain by rea son of the appropriation of such property to the use of (here repeat tlie name vi the corporation,) in tho procw ding u'-v pending; and rou do further MveVr, (,tr affirm,) that, you will truly, f lUhfully n'n I impartially, estimate anl ass.iss amount of such compr-nstuion,' irropt-H.- ive of any benefit to hint from knv im provement proposed by said corpriiVtl.tn; this you swear, as yotr1 sIimII nmfcer to OoJ, (or affirm,). under the pains nnd pe nalties of perjury; and the said lis. bui judge, before administering-inch oitli 'ir affirmation, shall per.Hatly MtquW "o. each juror whether he U interested in su di corporation, either as owner, stockholder, Hgent ox attorney; or inany other manner; and if ajy juror shall answer nu'eh cjiu'--tlon in the affirmative, such juror shall be excused from serving, and t'ie panel shut I be fillvd 'with, talesmen, by the sherifl,' ns in other case. ' ' ; ". 'y ''" ' '' 1 - Sec. 6: It shall W law ful tot the pnvU. judge, upon motion or either pit vV to 'U sue the following writ to "the sheriffy or other proper officer,' to wit;' To i.chfiif of 'county: ' Yoit''rer: bVrcrtV-'ei-tnanded f cointu.H tliR twelve juror na med in-the panel to this writ hnitPxH. tiv view -the property) or premises miglit .'t i he appropriate! by tlwr elite thei-ame ' of the corporation. ) and "owned by (Jmi- gTiSi'ttn os rorVrn noi. v . v. r.V j IO ft . i '-.' A i t , V 1 I.. . A TlJ .i... V "n 3 - I ffe.' Yrwi i V' "rT -"'rf?'wf-'Br"