OCR Interpretation


The gazette and Democrat. (Lancaster, Ohio) 1860-1860, April 26, 1860, Extra, Image 5

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn88078725/1860-04-26/ed-1/seq-5/

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, " fLAWS OP OHIO.
"We publish Vn an Extra, at con-1
sidei-able expense, all th lawa ot a
general nature, enacted nt its late
session, by the Legislature of Ohio,
Our readers will thank tv for this
act of. promptitude, which gives
them the laws several months in
advance of. their publication,', in
pamphlet form, by the State Prinj
ter. , We ' also present a' largo a
mount of interesting tniscellancons
taattcr. ; , , t .,.-.!' :;,r!. i i-r
y-"We ask an attentive perusal of
these laws. Every citizen should
Acquaint himself Svith the acts, of
1 -r . i , T ' it' . ..,
our Jjegisiaiure., xn.injs way, puu
lie sentiment is concentrated, und,
ultimately, hasty legislation is cor
rected. . ' ' " ; 4"1-"-
y- .-if
Published bi Adtuowtv.J
.,- AS ACT '.
limiting' the Feet o( Comity Treasurers In rcrtatn
. ., o.i ra,os.' .t .-
See. .i B ttuutti by th General AMembltj f
the Stat of Ohio, inat no comity i reasuror snu u
entitled to n per carnage, cornniisslen, or fee, on
meirlee received by htm from th. Treasurer of Wale,
any tking In auf taw to the contrary nolwltnslandtne:.
Hoc. a. Tliti ant ihall Itke effect and be In force
from and after lis pawnee. " ' '" '
., i .; - HICHAM C. PARS0K8, - '
Speaker of the Hmise of Representatives.
' RICHARD A. HArtKISON,
Karen S 18G0. President pro. torn, of the Sewitei
-' ' "' 1 ''anTct '','. '' '
To amend section three hundred and thirteen of Ilia
Aet to establish a Code of Civil Procedure.
See. 1. Btit tnaeted by the General Attemltty fth
Btattof Onto, trial eiion wro nnmm-;
loen of the act entitled "An Act to establish a Code
of Olvtl Procedure," be to amended as to read ai fol.
Iowa: Sec. 311 No party shall be allowed to luallfjr
by virtoe of taction three hundred and ton, when the
dyer party la the froardlan of an Idiot, or a tuna
tie, eref a deaf and dumb ntreeu, of the ewculor r
admlnlatrator of a deceased peraon.or the (iiurdian
of aeliild orehlldren of a deceased person, when tho
r.t. t k.nMH,i tn ,,..,ira,l hnft.re the death of such
deceased persons, oxrnpt in mill upon contract which
hull have been entered Into by deceaaed persona, by
amenta, In which eases, if the arent be a witness, the
oppoaite party may teatify aa to all that transpired
between uch party and tho airent In rotation tosuch
contraet, and the making of the same; exeeptlna; also,
casus whirs the claim or defence is foandsd en book
account, then tho party shall ba permitted to testify,
that tha entries are la his handwriting, that the book
containing the astir Is bis book of original entries,
nnd If the original ntrle In said book of accounts,
have been made by a person who, at the time of such
trial, ta deceased, or a disinterested person who la a
non-resident of the State, on proof of such decease
or non-rcaldcneo, and that said entries are in the
handwriting of each person,or aneh proof by the par
ty aa hereinbefore provided, then It shall be oonipo
tent to admit said book of original entries aaerldenee,
the freight to be gWnn to such evidence, In either
case, kawovar, being left to the Court or Jury to
determine; and In all actions by or agnliMt a surviv
ing partner or partners, or a surviving Joint contrac
tor or contractors, any party to the action i sliaU he In
competent as a wllneas le testify to transact una
which took place with, or declarations or admissions
made by the deceased partner or Joint contractor, In
the absence of his surviving partner or joint con
tractor. The deposition of a party shall uol be used
in his own behalf, nnless the legal notice rvqn red In
the cases where depositions are to be taken shall also
apoclfy, that the deposition to be taken la that of the
party; provided, that If the deposition of a party be
taken In any pending suit, andeueh party shall die
before the trial thereof, it shall be lawful for laeoii
poslte party lo testify as to all maitera contained In
aaid deposition. ' V ' i.
He. S. This act to take effect from and after Ita
passage; and section 313 of the "Act to establish a
Code of Civil Procedure," as amended by the act of
April lSflHSo,Mhcreyrepoaie. ' J "
. HICHAKU PABHOKS,
Sneaker of the House of hVnrcsontatlves.
, Kh'HAKU A. ItAHHIKON,
March 3, 1600. President pro. torn, of the Henate.
-i. -: .anTct'"
ToBenlaUth Hesnonslblllty of Inn Keener.
See. 1. St it tfuvtii by Ms Gmtral AntwAlytrf
UnStafnf Ohio, That no Inn keeper In this KUle,
whe shall constantly have In his Inn an Iron safe, or
suitable vault in good order nnd nl for the safe custo
dy of money, hank notes, Jewelry, articles of cold
nnd silver manufacture, precious stones and b"'"""!
and whe ahall keep a copy of this act, printed by lie
lf In large, plain English type, aud Ireiued, con
Btnn'.ly and conspicuously suspended In tho office, har
room, saloon, reading, sitting and parlor room oT his
Inn, and also a copy, prluted by Itself, in ordinary
aied, plain Kngllsli typo, posted upon tho Inside or
of the entrance door of every public sleeping room or
his Iun,sliallle liable for tit loss of an) such article
foresaid auffered by any guest, unless such guest shall
liava Irst offered to deliver such property lost by him
to sack Uiu-koepef for custody In such Iron safe, and
such inn-keeper shall have refused oromllted to lake
It and deposit It In such safe for Its custody, and to
civ such guest a receipt therefort but every Inn
keeper shallbe liable for any loss of the above enu
merated articles by a guest In his luu, oanccd by the
lueftor negligence ot the inn-keeper,or of any of his
aorvanta, anything to tho contrary thereof In this act
notwithstanding. ,'. ,
Sse. I. That II any Inn-keeper ahall emMtile, or
convert to his own use, or fraudulently take, make
way with or secrete with intonl.lo embeule or frau
dulently convert lohlsown uso, without the consent
of Ills guest, any money, bank notes.Jewelry, articles
ofgoldor silver manufacture, precious atones or bul
lion delivered U such Inn-keoperbyhis guost for saTe
custody, he shall, upon conviction, be punished In the
manner prescribed by law for feloniously stealing
properly of the value of the article or urllclussoam
Wiled, taken or secreted. .....
Keo. 3. This act shall lake effect from and aftsrlta
passage. , RICHARD C PARSONS,
. . Speaker of the Hoaee of HepresentatlTos.
KICHAKD A. HAKKISON,
Maroh 3, Proeldentpro turn, of tlx fcenalo.
ASACT
t. .nn4 uaIIoi, twniitvniie of an Act entitled "an
Aet to further provide for the better regulation ol
the roeulut, disbnrsenent, and safe-keoplug of the
nui.itrt M.vt,m,i, ' nMiued Anril Li. 1H5H.
Bee. 1. Bt ennWei by s Otneral JmHt of
tKcHfaltof OKU, Thai section twoniyono m an u
entitled "an act to further provide for the bettor reg
ulation of the receipt, disbursement, and saro-necp'
I.,. r the nubile revenue." nassed April Hl.lHSf, b
ameuded su as lo read aa folluwai fine. 1U. TheTreaa
urer of Stale shall, previous to entering Uan tho
dutleaof klsolnee, give bond, with twelvo or more
aecurltlea, to the acceptance of the Governor, In the
earn of six hundred thousand dollars, payahlu to the
rilata of Ohio, and conditioned for Ihe rnilliful per.
formance of the duties of hia office, as prescribed by
law, and as shall be providud by law thereafter: and
the said bond, with tho oath of offlce plainly written
.. iba. aiuisnbserlbed bv the Treasurer, shall be
deposited with aud recorded by Ihe fJeerulary ol
tilalo, before the Troaaurer shall have the right to
exercise any function of hla offlce whatever; and the
General Assembly, or ma iiovtmsur, may,
Him nontiiiuuiiiM In office of the j reaeurer, re
quire him to give such additional securitv as they, or
cither of them, ahall aoem neoesaary, ior un com
plete Indomniiy of Ihe Slate, and after ten oya from
the demand of such additional security, If ti be not
complied with to the satisfaction of the General As
sembly, or the Governor, as the case may bs, then
the offlce o the Treasurer shall be hold to be vacant,
and the Governor ahull proceed bv his own motion
to appoint a Treasurer Instead of the Incumbent; which
aucccssor so appointed, on giving bond and security,
nk taking the oath of offlce, as the Treasurer of Suite
Is hereto required todo, shall have and possess all the
powers and fuuctions.aud bo subject to all the dutloa
and liabilities of a duly elected Treasurer of Slats;
and shall hold his oDtce until hla successor Is duly
elected and qualified. .
8ec. . ' Original section twenty-one of aald act of
AprH W,1HW, Is hereby repealed; provided, there
peal thereof shall In no manner affect the validity or
effect of any bond of any Treasurer of this tftale
heretofore executed; and all rights and llabllltlea
which have heretofore or which may hereafter accrue
upon any such bond shall pot be in auy wise effocved
by aald repeal. ..
Bee. i uisews"7."V.v-".".,".r. ewl
. KICIIAHU u. l-.iUHunn
H1CIIAHD I).
Speaker or the House of Kopresenlallvos.
1 AnvuV CI V 1 II k .
Passed March W, lOW. rreaidsnl of the Senate.
-t '' ' -J J :''' ANACT ' '
To amend las forty-fourth aoctlou of an Aet relating
to Wills, passed May 3, 185 . ,
See. 1. Bs mtritdby the (tntral AnUytf
As SUit of Mo, That section forty-four of an act en
titled an act relating to wllle, passed May 3, WW, be
so amended as to read as follows: Section i 44. Tho
election of the widow to take slider Ihe will shall he
made by her la peraon In the Probasi Court ef the
proper county, except as hereinafter provided; and on
the application by her to tako under the will, It shall
be the duty of tho coart lo explain to ker III provls
Ions of the will, her rights under It. and rv law, in the
event of her refusal tntake Under the will. Theelec
Honor the widow to take under the will shall be en
tered u;on the minutes of the ooart, and If the widow
ahall fall lo make such election, she shall retain her
dower and sooh share ef the pers.ua! estate or her
husband as she would be entitled to by law in case her
husband had died Inteatatc leaving children. If alio
elect to take under the wiU, she shall be barred of her
dower and lake under the will a'one, unless a provl
.i. i i. ii.. r..nv.il,lr.l section of this act. Provided
further, that said election bv the widow to lake under
the will, shall not bar net of the right to rema n In
the mansion of her husband, and receive one year's al
lowance for lhe auppert of herself end children, ns
now provided by law, unlese the will shall expressly
otherwise direct. . . . ,.
k... a. That the original section forty-four f said
act bs and Ihe same is herebyMpealed.
Roc. . Thlsacl to take effect and be In force from
and after H. fwD C, PARSONS,
' Sneaker of the House of Kcpresoutalirea.
1 . miHKUT fl. KIHK. '
PaMed March 10, 1KW. , . . Presides of Ue Senate.
.-.. . AH- ACT
ir- ...n sts of the (lode of Civil Procedure,
Sec . I . & U ' antral JtmNy o tie
X.tietf M. That section four hundred and twenty
SvVV aWUh sode-of elvil woce
dure," passed March la, ltiU,bcst ameuded as lo
roadsia follow,;to-wtt:
Kee. 4s7. The Jury, aanimoaed,aa aforesaid, ahall
be sworn to try and determine the right of the claim
ant to the property In controversy, and a true verdict
to rive aceordlnc lo the evidence. If the Jury shall
find the right to aaid goods and chattels, or aay part
thereof, to be in the claimant, they shall also dud the
value thereof, and the Justice shall render. Jndgment
uiun sunh Aiuilnc of the Jurr for the claimant, that he
recover his costs against the plaintiff In execution, or
other party to the same for whose henoflt the execu
tion ISaUSU, ann aisv in u, mtv raminniii vi pucri
goods and chattels, or any part thereof, according so
the finding of the Jury. But if the rlalit to the said
nods and chattels, and every part thereof, ahall not
be In the claimant according to the anoint of sold
Jury, thenthe said Jiistrro shall render Judgment ou
auch Indlng In favor if the plaintiff In execution, or
other party for whose benefit the execution issued, and
against said claimant for costs, aud award execution
thereon. If the Jury shall fait M agree and be dis
charged, costs shall be taxed to, abide the final evunl
of the proceeding before aald lustloe, and another Ju
shall he summoned in like manner aa before. Kaid
lustloe of the peace, In the taxation ef costs accruing
by reason of such claim and trial, shall allow enck
iurer summoned and ewora Ihessro of (fly cents; and
nrtha sheriff, constable, or other officer, and witnes
ses, and lor himself, ho shall tax such fees as aro al
lowed by law to each, respectively, for like services
renaerea inotnereaaea. uru;uux:iawnt ior rarwn
ant funleea an undertaking ahall be executed, aa pro
vided In the next section,) shall be a Juetlncation ot
the offloer In returning "no goods" to the writ of exe
enlion by virtue of which Ihe levy has keen made, as lb
auch pari of Ilia ennds and oualU'ls aa were found lo
belong to snt-h ciiitmant.
- See. 9. litis ocl shall take effect and be In force
froai and after its passuire.
KU'HARD 0. PARSONS,
-' Kpeekerof the House of Hepreeontatlres.
f.-n . . 1 KUUKBT C. K1KK,
President or the Senate.
' Passed March 10, 1800. .
. - ANACT .;;
To amend Soctlon 4!, of an art enllll d "An Aet lo
estahll.h a Code of Civil Procedure," passed March
' II, 1H43. ,
h'ar. 1. Be eaeM ay (As Central AtitmMf
til blatt o OAie, That section sWI of the aol eulltled
nn actio establish a code of civil procedure, passed
March t, 1833, as heretofore amended, be now so
amended aa to read aa inllows: rle'tion 490. Much
Judgment, If the transcript ahall be filed In term time,
shall bars a lion en the real eetnte of Ihe Judgment
delnor from the day of tilngi If riled In vacation, aa
against the debtor, It shall have a lien from the day of
filing; but as against oiher transcripts fllsd in vacatiou,
and Judgments rend ored at the next term of the Court
of Common Pleas, It shall have a lien only from the
first day of the next term of said Court; and any Judg
ment of which a Iraneeript 'baa bevn tied as aforesaid,
whatever may be the amount thereof, which ahall have
heretofore or which muy hereafter booonte dormant by
reason of the death of either of the parties thereto or
from any othcreaiise, may be revived by the Ooart of
4'uinmou Pitas of the county in. a bieh the transcript
tins been or muy be fllsd, in like manner us dormant
Judgments readered by such Court may be revived;
nod the revivor thereof shall have the same force and
effect as the revivor of a Judgment rouderod by the
Oourt of Common Pleas.
:, UICBARD C. PARfiONS, -
, Speaker of the House of Representatives.
' ' KOBKKT C. KIKK.
January SO, 1890. President of the Senate. -
l aiTaot '
To amend an aet entitled "An Act to amsrid the six
teenth section of an art entitled an act rotating to
the organisation of Courts of Justice and tholr pow
ers aud dullos," passed Pobruary 19, IMS. ,
Rtc. T.' Be U twitted by Che General dttmlilytf
the Statt ef Ohio, That section one of the above reci
ted aot be amended so as to read as follows: rieetlon 1.
Thsl Inavery Instanco where ajudgc of the Court of
Common Picas is or shall be interested In the event of
any cause, proceeding, motion, or matter pending be
fore the said court, In any county of his district, or
when there shall not be a quorum of tbe Judges of the
District Goart of any district, by reason of interest, on
affidavit ef either party to aaid cause, proceeding,
motion, or matter pending, or his counsel, showing
the fact ef anch lnterest.il shallbe the duty of the
Clork of said Court to entor upon the docket thereof
an order directing that the papers and all manors be.
longing to ssid cause, motion, proceeding, or matter
pending, to which aald Judge of the Court of Common
Vleaa.or of said District Court, is interested. If In the
District Court, shall be transmitted to the Clerk of Die
Cnurtofaconntyofone of the adjofning districts; If
In Uie Courier Common Plena, then to the Clerk of the
Court of Common Pleas of an adjoining county of an
othersnbiltvlstnn. wliere practicable, of the same dis
trict, where net, then to an adjoining eounty f anotn-.
er distrlct;and when a copy of said docket entry, to
gethor with all the files belonging to said cause, mo
tion, proceeding, or mutter pending, shall be Died with
the clork of the court to whom the snme may ba trans
mitted, said clerk ahall docket ssid cause, motion,
proceeding, or matter pending, and thereupon the
snme shall proceed to final Judgment or determination
In all respects as though the same had beenoriginally
commenced in said oourt laat mentioned.
tan. 9. Ksetiononeofanaettoamcndthealxteonth
aectloli of an act entitled "Alt Act relatiug to the or
ganization of Courts of Justice and tbelr powers and
duties," passed February 19. IWJ.be and the same la
hereby repealed. This act shall take effect from and
after Its passage. RICHARD 0. PARSONS,
. Speaker of the Bouse of Representatives.
KOBKKT C. KIRK,
January 85, ldCQ. " President of the Senate.
. AN ACT .
Amending section two of an act entitled "An Aet fur
ther defining the Duties ofKhsriffs and Coroners,"
passed March 1, 1M.
8 so. I. Be it enacted by the General Atlenhly of
me iXiuc m vnw i n, ouiiwii iwww iud aoore recitea
net be so amended as to read as follows: Section 2.
That there shall be kept In the office of the Slier I IT of
each county oi mis mate, a roreign execution docket,
to be furnished at the cost of tlie county, la which
locket the Sheriff or Coroner shall, on His receipt by
liira of auy execution, order or sale, or other process
Issued from any court or any county of this State, other
than mot in wnicn ne resiues, niaas en entry or the
data of auch writ, when received by him, from whut
court and county Issued, thedaluand amount of Judg
ment ordncrse. Also copy insuch book the full dos
crlntion ef the property and real estate which ha shall
levy epun or offer for sale, the samo as isendursed up
on or eonianieu in aniu writ. Also copy into said book
hisreturn on such writ, when he makoa Ihe same. In
cluding the bill ef costs; and shnll, for the use el Ihe
persons entitled to the same, retain all fees due in
such cases to residents of his county, and pay the same
over on demand to such persons, and shall make a dl
rert and reverse index of each case so entered; and
such eutrlos so made, shall be nollce to subsenuenl
purchasers and creditors of the matters contained
therein.
Sao. a. That said original ssclion two be and la
nereny repesieu.
See. 3. This act to take effect and be In force from
and after Ita passage, ,
' r RICHARD C. PARSONS,
: Speakor ofthe Houseof Hepresentstlvei.' '
. . KOBKKT C. KIKK,
January 95, 1800. ' President of the Senate.
; . .'. . ANTCT
To amend section ten of an aet entitled "An Actestab
lishlng boards of County Commissioners, and pre
scribing their Duties,'' passed Msrch 13, 1853.
Sen. I. Beit matted by the General Aetembly of
. ,. wWViy m.V, . .U."." ' M " uvw.v
act be souinonded as to read as follows: Section 10.
That, at the September session, the Commissioners
shall examine and eompure the accounts and vouchers
or the t'ounty Aunuor anu treasurer, count the runaa
In the treasury, and direct the Auditor topuhllshan
exhibitor the receipts and expenditures fur the past
year.
Sic. S. Tint original section ten or aaid act bo and
the same la hereby repealed. This act to take effsct
and be in force rroin and after Its passage.
KICHAKD C. PARSONS,
' Speaker or the House or Representatives.
1 ... ROBERT C. KIKK,
February 8, lr!U. , . . President of the Senate,
" .. - anTct
Sunnleraenlaryto the act entitled "An Act to provide
' ror the re-organisation, aupervision and mainte
nance of Common Schools," passed March 1, 1853.
Sac. 1, Be it enacted by the General Amtnbly of
fAe Mateo (Mo, inat it suaii oe law nil lor any noaru
of Kdueatlon, organised under the aet passcu March
1, 1H53, entitled "Au Act to provide for the re-orgaui
tton, supsrvision. and maintsnance ef Common
Schools," ororganized underlhe act passed Februa
ry ill, 1HI0. entitled "Au Art for the belter regulation
of His Public Schools In cities, towns, ate.," In every
case where It may be neouasary to procure a school
house silo, and the said Board of Education and tin
owner tliereor ah-ill be unable, from any cause, to
agree upon the sale and Ihe purchase thereof, to mako
out an accurate aurvuy and duacriptlou of the parcel
in land wnicn the sum uoaru or figuration may desire
to appropriate for school house purposes, and Die the
same wiiu tna rmuatu Juuga or me proper county,
and thereupon the same proceedings of appropria
tion shsll be had which are provided for bv the act en
titled "An Art to provide for compensation to the
owners ef private property appropriated to the use of
corporations," passed April 30, 1852, and the various
acts smomiaiory anu supplementary tuereio,
Sao, 3, Tula aolshall take effect upon ita passage.
KICHAKD C. PARSONS,
- - Speaker of the Heuse of Representatives.
, KOBKKT C. KIKK,
February 10, I860. President oftho benute.
AfTTcT i '
Supplementary to the act to give additional security
i to utan Tiles lululshlatotpasseii Marco w, iev.
Sac. I. Ail enacted byth General Aemblyf
las iyoM oj tAso, i list wueusver any ueeu, mortgagu
lease, or other Instrument of writing intended In con
vey or encumber any real estate, or any interest there
in, heretofore or hereafter executed, may not have
been or ihall not be printed or written en a single
sheet, er whenever the certificate or acknowledgment
thereof may uol have beeu or shall not be printed or
written on the same shoot on which said deed, tuort
gsgo. lease, or other Instrument or writing may be
printed or written, and auch detective conveyance
shall be corrected by the Judgment of a court, or by
Ihe voluntary act of the parlies thereto, such Judg
teont, or the Instrument correcting tbe aame, ahall ra
. tale hack so aa lo take effect at aim be operative from
tee iimeor oiing the original eonvayanee in the tie
coraor s umi-e.
Sac, 3. This net shall take effect upon Its passage.
-, - KIl'HAKU v. r-AKNunn,
' , Speaker ofthe House or Representatives.
' , ROBERT C. KIKK,
i February 10, 1M0. Presldunt of the Senate.
; - r , -. - r. . I- - -
' , .,. AN ACT V, . -
etiinnlementarv to an aot to orovlda fbreeniDcueallon
j to ino owners or rrivate rropeny apnropriateu tu
, uie aseoi uorporationa.passua April ju, icov.
Sae. 1.. Be U tnaeted by the General Jeeembly of
ras.voreey tyto,inai wneueveritoocemesneaessary
lor two or nioro railroads to cross any ef the navigable
waters ef this Stats al or near Ihe same point by draw
or sw Ing bridge, said road shall, If practicable, use one
and the same bridge and approaches thereto; and iu
rasa tba companies owning or controlling, and those
drslrlng to uso auch bridge and approaches, cannot
agree upon too terms anu regulations upon wutcn sam
bridge shsll be eaed aa above, then the right to uss
any bridge and approaches, or other el roller etruclure
aireauy consiriietvu by a raiiroau compauy lor us owe
use. mar be atioroorlated by any other railroad com.
pany, to be enjoyed In common with the company
owning Ihe same, in aocordaaoe with the provlsinus
oi tne law in force aiitnoriziug tna appropriation
nrlrase arnnertv to the use of corporations.
Sen. 3. thoatatemeut renulred to be Aledrontal
Ing a specific descilplipn of the rights sought lo be
appropriated In auch eases shall, as oear as may be.
set forth the regulations according to which the Joint
uie otsald nriiige and approaches, oroinerairuciure
shall be regulated: and in enss the rcasonablenessol
thesumeor any part thereof shall be denied by the
defendant in aaid proceedings, the court shall hoar
and determine the said Issue, and enter on record its
Hading and order thereon, confirming or altering said
ingulaliona as it may deem Jnat and reasonable, sub.
Jsvtto exceptions and reversal for error by the Court
-ol unmmon fleas on petiuon men isr tnsi purpose
and tae enter or the court nil eg saio regulations snau
be made before the Jury are Inipanneled lo assess tbe
amounlof compensation for ths right sought lobe ap
propriated, which compensation shnll be a aum squal
lo the aanual value or such use, to be paid quarterly
each your, In advance, while tba same ahall continue.
Sao. 3. This act ahall lake effect and be In force
from and after its paaaage.
i j KICHARD 0. PARSON,
' ' Sneaker of the House or Keproeenlallvci.
., KOBRRT C. KIKK, '
February 10, 1800. President or the Senate,
Sec. 1. That original section four In the above re
cited act ba and the same Is hereby repeated. '
Sac 3. This aet ahall take effect aud be In force
from aud after its passage.
RICHARD O. PARSONS, 1
, Speaker of the House of, Kcnresentallvea. I
nuiiAliu a. iiAftnun'n, .
Hareh3,lM0. President pro feus, of the Senate;
AN ACT ... ,
To amend an act entitled "An Aet for the protection
of Kallroada," passed March 5, IKir.
Sir. I. Be it thaetei by Ihe General Aterm,lu ofl , ,,,ini,s.l.durlng tho fiscal ve.irendlnr Novmn-
fAsotiiM of Ohio, That section one ot aaid act be so t )Si ana the first quarter or the year lMil,
nullum. s w ipmi a, imiiv".. ,.v. . u -, j -luii n$t xceco tno gross reooipis iroot tue revaaaes
nerson who shall wilfully and maliciously remove.
break, dlsplaoe, throw down, destroy, or la any man
ner injuro any iron, wooduu er other rail, ur any
branches or branch ways, or any part of the tracks, or
any bridge, viaduct, culvert, trestle-work, embank
ment, parapet er other fixture, or any part ibertof at
tached te or conuecled with auch tracks or any rail
road In this slate now In operation, er which shall
hareartsr baput In operation, or who shall wilfully
i.o maliciously place any eosiructieu upon iue rails
r trscks of any such railroad, shall, on conviction
thereof, ba punished by imprisonment In the peni
Itmlinry not leaa than one or more tliawtwenty years;
provided, however, that if any persou shall, by the
commission of eithor of the aforesaid offenses, occa-
hi tbe death ofany person ef persons, the f r.ou so
ofTcuding shall bedeenieil guilly ofinurdcrln the first
or second degree,or manslaughter, according to tho
nature, or the offense, and on conviction thereof shall
be punished as iu other casus.
Han. S. Said orglnal sectiopone'ls hereby repeated;
provided, however, that all offences against and viola-'
lions of aald section so repealed, wliioh have beeu
heretofore committed, shall be prosecuted and pun
ishod according to the provisions thereor, as fully as
if aald section had not beeu repealed. ' '
Sac. 3.
pastagu.
KICHARD C. PARSONS,
Speaker of the House or Representatives.
KOBKKT C. KIKK.
Passed March 90, 1860. President of the Senate.
AN ACT - j.
To provide for tho Enlargement of the Ohio Peni
tentiary.
Inl,d.
First Whcro thero shsll be no Justice or Hie
Peace for the township la which tho defendant may'
realderor' , -
Second Where the only Justice rusiuing therein IS
Interested In the controversy: or,
Third Where he shall be related aa father, father-in-law,
son, son-in-law, brother, brother-in-law, guar-.
l. ...ml... tii,i.liiw or iimiilli. tn nitlinr ol ilm
Ret. 1. Be it enacted by the General Jnemblv of n.mas. nd there la no Justice In the township eom-
thtStat f Ohio, That tho warden and directors ef patent to try the cause. . .'-'v 1
tna unio reniieiitiary are nereny auinorueu ana ui- ; the foregoing excepted cases ins action may be
reeled to provide Immediately ror the enlargement brought before any Justice of an adjoining township of
ef that Institution, In addition to the enlargement the same county, and the Justice ahall stale on hi
now provided for by law, by extending the east wing docket the reason of hlatuklnglurlsdlctlon
thereor. In an easterly direction, and extendiuc the wArih Wham the summons Is accomnanled' with
east cell house In a corresponding manner, with the ta order to attach property the jurisdiction shall be
auuiiioii ui a ouiucivni nuiuoor vi ceil; u mvni iaii- i coextensive With the county.
Ing wants, for the accoiumodatiou and conflueineut
l male convicts.
Sao. 3- Said cells to be constructed alter the same
an and In the aame stylu of those now bolug con-
structtid In said oast wlug. The aaid enlargement to
be made with a view to such general plan as will.
wbea aaid east wing and cell house are completed,
give ssiu penitentiary the capacity lor the oocouiiuo-
stlou nronetiiotisanil male couyicts.
Sac. X 1 ho entire structure shall be well and sub
stantially built of alone, with special reference to
economy, anil to the safe keeping and coinrortor the
convicts, nnd also to be constructed 1n a manner to
correspond in material and appearance with the prea- Justice shall luke Jurisdiction, lliu plaintiff, or some,
enteastwing. peraon for him, shall file an affidavit sotting forth the
8a. J. Toe said warden and directors are hsreby f,,ct.
authorised and directed to provide for the enlarge- I sixth In cases of trespass to ronl or personal prop.
meut oi uie oiuing nun, aitcnen, paae-room, ano i erty, it shall ho lawful to oring me action in tlie town
nsers, the aum or seven thousand Ive hundred dot-
lara; i 1 . vi -
For Inrlileolal ciiensca or the efflce or the board ef
Suhllc works, the sum or ono lliousiiil Bvo hmulred
oliarat ' . ' 1 . " -i v
And tor payment er me saury ot the secretary of
said board, t.,r sum or one lltiuueud dolUrs-suUJcct
so the shecc oi sue prpsiueu, oi sai it ooarei
Vnrlha navment of the salaries of tho unban-of
the board rf public works, ta be drawn on tne war- -rant
of tho auditor of State, the sum of four thous
and fire hundred dollars Provided, however; that
the whole amount expended on tue public works be
This act shall
of tho public works by a sum greater lhau au average
of two thousand dollars per month. ' .
Sao. 3 This aol euall be in force on and after Ita
passsge. ,..' ri
in, iioi.i, v. rannunn,
Speaker ofthe House of Representatives.
, . KORBllTC. KIKK.
' President or the Senate. .
Passed March 36, 18C0.
An" ACT I
To amend seclloi three or aa Act entitled nn "Act or'
the Jurisdiction aim rroceuuro oeinre Jusiircs of
the Pra-e.ind of the duties u; tioiiHahlcs In Clrll
Courts." , . "
s.c. 1. Sett tnaeted bv the General Ateembl aflhe .
.,l.,t Okin. Tliat section throe of an not ealllled "an
aci of Hie Jurisdiction aud proreiluire before Justices of
the Peace, anu or tne onues m touautoies in utvii
Courts," paased Mnrch It. IK13, be so amended as to
read aa follows: Sec. 3. 'Dial no houeohoMer or free
holder rsident or the county shall be held to answer
any summons Issued against him by a justice In a civ II
matter, in any township In such county othqrthau the
one where he shall reside, except as otherwise pro-;
r the State oT Ohln,w'nassed April 5, 1857, be and I gven,esoaolldled, accepted t reeelved, nnrmnr
Uie same Is hereby repealed, . I thun three times such value or amount, or be imprte-
nac. a , anil t-cs snail tase inws irom ann anar its i nni-n in m c"eini jau um uiore uian inirty ua)s, or
RICHARD C. PARSONS.
Spcakcf r the House of Hopraaentallves.
- , , ntmnni ama,
Passed Marek !M, IcYJO. President of the Senate.
. AHACT. (',:!' I t . ,
Supplementary to "an lot lo proslde for Ihe Organ
tsatieu or Allies aiut liicorperatva village
May 3, IPS?, aad he Amendment passed
is 1K3. node tiuiiulemeiilary let passed Aui
and aupplemeiitary lo (lie Act passed Ajiril III,
1858. '- 1 '
.Sac. i. Be it enacted bv the General Antmilvotht
lltiittof Ohio, That In all cities of the II ml class. In
which water wnrka-hava hortuofoee or may hereafter
'oeeiiatroeted, llehall be laf el for the cltyeouiH-il
to provide ty oroinaucu tor toe iiivisioq oi said city
Into net more than tlx sewsrago districts, designating
Utesaino by name or number; and that for the pur
both; and If a public agent or any officer other than a
Slake officer be o convicted, he shall he Immediately
removed from office or employment by order ol too
Court; provided, that the execution or such order.
when the court has signed a Mil of exceptions, shall,
on molten of theden-hdani, be auspeudrd until the
'luii-riaiimiion oi an appiu-aiion for a writ u error,
ires." passed b,lt lo"S''r thao thirty days, unlets auch writ be
id March 11 ellowiHt- . ... . .
April , IKoA,' Sec, J. The word "iifH.or" shall behold to Include
- ... "ini- ii, in. ui,,, ik i'r Mnwiiirs biiu ri-jircsc n-
tallvea In the Oeaeral Assembly, allcounty, townahip,
city, vlllugo, school and oilier oftlcors deriving the.r
authority under the constitution and laws or this
Stale, and the deputies of all officers. The words
"public agent" shall lie held to Include trustees, eom.
niistloflers, architects, superintendents, engineers,
surveyor, uno su mner persons acting in a sunornin-
ate rapacity, excepting contractors, mac names anu
Ikl.OrwM. l I hn ..tlr,'!,,,.,. luli.wA ... I ,. I (. ...
,. ol defravli Uie ew, or manngcmeni or aiiy publii ground, wJrk,
sewers In said dhlrlcts.or either one of them, the oulhUna-. lmnr.v.,m.ntri..iiinu..e. .' .
etty council ahalrh.,. power to borrow, from time to Kec. 4. All prosecutions under the provisions of
lias, as they ahall eejo expedlee , a sum of money this act ahall be by Indlctnieia befuro the Court of
MUusrlty M Issue, honds,ltlt tnts-real aouporie at- ,. 4. T t j,,,, .,,;, ,Wf,.,v i"n -hanro lo
tenca, pledging inu iaiin aau crouit oi saiu ciiy i,.r ,h mna Jury hT of ,;,.,, uf 0m
1, r., .v,tir":
, ., , - .L , r .1 ii., .... i. , I w umvru w iwiHUUfl JUKI uuin ,ne
7vi."" ii-,piiwi v. ...... u, - ....M . couiniissioii ol the orh-nse.
leurepealed. r one wtisre ne suaii lesnic, oxirwi- utncrwisu pro-;
be In force from and after B vlded by section two or this act and in the cases fol-
Firth-Whon two ormore persons shall be Jointly or
jointly and severally bound In any debt er Contract, or
otherwise Jointly Hable In the aasae action, und resldo
In different townhips of the aame county, the plain
tiff may commence his action before a Justice ot tho
township In which any of the persons liable rosy re.
side; except that In Joint actions against the makera.,
and Indoraers of notes, due-bills, or bills of ax-,
change, the action shall ba commenced In the tnwn -ship
where one ofthe original makera, drawers or en
dorsers resldo, aud If It be claimed by the plaintiff Hint .
an Indorser Indorseo tne note or uni nt tne tune it was
made, and the Jurisdiction depend thereon, before the
Ihe samo woro isniied, Icglhly written or printed
upesA tnem, ami snail peatguee by tne mayor aud acre,
audi b eealed with the eval af Die city , . ... ,
Kit;. 3. That for the purpose of repaying the prin
cipal and Interest of Ihe bonds by this act authorlrcd
to tat hunted, It shall 4i lawful for Ihe city council to
issesa and collect upon aud Irom all the real estate
n the district (or which saldbondsare Issued. In each
amtwvery year thereafter until the Interest and priar
rlpat, of said bonds Is full; paid aud satlsdod, an
amount sufficient lo pay the Interest dno upon said
aovraa aenii-annnany; anu sum an amount aa upon
eoaaptstalion shall be round necessary te provide
linking fund for the redemption of the bonds so Issued
aa aforesaid at their maturity; provided, that not
more than Ave pereeul. per annum shall be collected
in any one year of the principal of Ihe bonds author
ized '1y this act lu be Issued,
Raw. t. That II shall be Inwful for thocttv auditor
lo make Iheaseuasmant required by the preceding sec
tion, upon alllherenl estato in tlie district ujhid the
valuation as established, by law for atate nrd county
purposes; said said auditor ,is heveby.raqairad to eur
tify said assessment lo the city council on or before
the second Monday In May, annually; that after the
saino-shaU have been eoiinrmea by the city eottiicil
they shall direct the city clork to certify It to, the
comity auditor who is hereby authorised to place the
same Upon the tax duplicate in the eutne tn turner as
otherlowiuhlp and city taxosarc by law placed ujmui
snip uupiicoie,niiu iue cuiuii, trnusuier is iiereuy liu-
thorlxed and required to eoflect-oaid asaesamentln
the saixutusstaer another taxes etireetod by himtond
wash-roou, so as to nrovfde for tho wants and accom
modation or one thousand male convicts, adopting
such, plan aa ahull secure rtltut end. with A view to
economy and permanence, and with a view to tho tfor-
respeoding enlargement of chapel and hospital in ths
upper stories ofthe same buildinci The satdenlurgo
mcnt of the dining hnli und kitchen, to be made upou
the east side thereof, with walls to correspond In ap
pearance and material with the -walls ofthe pre soul
dlnlnghnll. -
bio. . rney are also authorized and directed to
construct Immediately two new work shops In the
northern part of the prison yard, of sufficient capaci
ty ror tlie accommodation of one hundred convicts
esch,as nearly as maybe. The walls to be made or
brick, and to he two stories high and covered with
slate roor. The walls to be laid up of sufficient thick
ness to bear the weight and slruln of machinery,
reference being had to the kind of busf ueas to bo done
nsaia shops.
Stc. 6. Thoy are hereby' authorized to take down
and remove the cooper shop (so called,) as soon as
the said new shops are finished and ready for Use. '
Sic. T. In the location uf said shops, and the sn
largcmenlorthe dining hall and kitchen departments,
they are he rob v directed to carry out the general plan
submitted by the penitentiary commissioners to Hia
Excellency the Governor or Ohio on the 3d or March,
lreo,ln the drafts accompanying their report to him.
nic n. i ney suaii usve power to execute, ny con
ic! lobor.so much of any, or all, work contempla
ted by this act, as in their opinion will be conducive
to the best Interests of tho state, and shall complete
tbe remninlng portion, or tho whole, as the case tuny
be, by dividing the same into suitable psrcels,Ana
advertising for sealed proposals fur contracts, la the
any onto btaieaniun and the daily unio btato Jonr
ml, for not less thun three consecutive weeks before
tho time wheu such contracts are proposed to be let;
and such advertisumont shall contain proposuls for the
completion of each separate parcel aud for the untlre
wora. Aiiuias ouoreu on tne oay wnun tne letting is
to tuke place shall be rejected! and all bide received
hull bo opened on that day, in the presence of the
warden and directors, and not otherwise.
Sao. 0. All contracts shall be lot bv said warden
and dlrectora to the lowest responsible bidder, and
shall specifically set forth the work conlrncted to he
done, style, time when to be completed, materials to
be used, etc.; and In no event ahull the time for the
completion or the entire tinprovcmeiitexteiid beyond
the first day of November, 18011. Kvery contracting
party shall give bond to the alate of Ohio al the time
oi putiiiig in sucn proposals lor contracts, wnicn sunt
bond shnll be In such sum as the said warden aud di
rectors shall direct conditioned that the party ma
king tho proposal, will accept the contract, if the
same do awaruea to smii party, ana lor tue periorm
ship where the trespass wascomnillted,or In tho tnwn- 1
Ship Where tne trespasser, or any one oi avveraiirea- -passers
reside.
, Sac. . That soctlon throe or the act to which this
Is amendatory, be aad the same Is hereby repealed. 1
Sac. 3. This act shall take effect unit be In force
from and after its passage.
KiurtAKU 17. rAitesun?v
.Speaker of the Heuse of Representatives. --
HOHKRTC. KIKK,
President of Ihe Senate; ''
March 10,1800. ,.: '
AN ACT - '
Toamendau AclenlltlMl "an Aet to provide forlhe
establishment and government or ttoiorm nciicois,-'-
passed A irll 3, 1858. . .....
ker. 1. Ha u enacted bu the General Jttemblu of
the State of Ohio, That section ten of the act aforesaid
be ao amended aa te reaa as toiiows:
Sec. 10. It shall be lawful for the Board or Commis
sioners aforesaid, to receive upon aald Koform Farm,
and detain there under their control and guardianship
such male youth as may be received and detained iu
Mouses ol ttelugo, unaor seciiuns six, suven, eiirm anu
nine ofthe aald aet, entitled "an act to authorise the
establishment of Houses of Refuge, 1 and tin) manner
and form prescribed In sections ten and eleven of said
act, iu'referenco to the examinations and commitment
or auch youth is here by extended to ami shall be hold to
the cxumlnatlon anu commitment ol yuuin to sam
reform farm: and all powers vested bv the act afore.
said In the Hoards of 111 rectors of Houses Hcfugo, with
rerjrence to snch Institutions, Is hurx-by oomerrod up--
on said Board of Commissioners. In reference to tho
state tteiorm rarui.
Ktc. 2. Section fifteen or tho act aforesaid shall be
so amended us to rcud as follows!
Sec. 15. The paronts or guardians or any youth ad
milted to anv Reform School mar be reonlred br the
authorities of said Reform School to pay a weekly
charge for the support of unlit youth, not exceeding
one dollar and llfiy cents, the money ao received to be
duly reported and expended, as otner moneys, tor tno
benefit of snch Reform School, and auld parents or
guardians umy also be required to pay the expense of
rumoring said youth to the Reform School aud of re
turning him to his friuiid.
Sic. 3. Sections leu and llfteon of tho aforesaid act
nre hereby rupeulod. .. -
Mc, 4. This act snail iuko eueri upon us pnnnngu.
KIUIIAKIIU. rAKSURS,
Speakor of the Uouso of Representatives.
ROBERT V. KIKK.
' President of the Heinle.
March 10, 1800. . .
AN ACT
r " """"OS y aa.M ..r.y. . .. ui... ...... ,..!.. f,, I....I... ..U o..l .n t
ne received and no contraoi authorised oy this aet K"",.""ia - - j---" - - --1 ---
ahall be held to ho complete until tocethor with the on the same subject, passed February lid, H-34.
bonds and security, It shnll have been first approved Sw. 1. Be it enacted by tli General Atem)y of th
oy tue attorney gonerni anuauaisor oi stale. . .wihs oj vnio, i nn, win... im.nwii i.i u,- mB.n
Sic. lo. Sold warden and directors are hereby em- before any Judge ora Court or Common 'loss, or any
nnwered to hire out to tho contractors, or snv of them. Judre of a Probate or Police Court within the State
convict labor, upon such terms und to such extent, aa charged with the cummiaidon of any criminal offense
will beatsuuserve the interests or the slate; and IU against too lawsoi any oiiu-r oi.ie, or oi .nroi wiu
altliin one year from the
Sec. 0. 'I his act shall tatreeffecton lis pnsssgo.
' nitlUAKUC I'AKSOAH,
I - v. tuu uuue- til nnprvseiiinurei. ,
' ..a . , -. ... ir.iRLfiyTii uittir .
n . . ... .v.iv.ui oi wtpvssi.
Passed March IB, 18TJ0. , ,
AN ACT : .-; .
To amond sesllous five and six of an act entitled "an
an regulating me mono or a)mlulaerlng assign
ments in trasl for the benefit of oredllors,'' paasod
Apriio.lf5. - , .
Sec. 1. Be it enacted bv the G-mnd Auemhlu nt
th Stat of 0,ie, That section live or aald act be
ameaece ao as lo load as foilowai Section 4. The
Assignee shall proceed at once lo convert all the as
sets received by him Into money, and to sell the real
aud personal property assigned, either for cash, or
upon such other terms as the Probate Judge, Iu his
discretion, msy order, at public auction, at such time
and rdce as may be designated in notice given by ad
vertisement in, route newspaper of geuoral circulation
within the county, ror four successive weeks, and of
which sale due return shall be made to ire-Judge, but
all aaloa of real estate .shall be aiaxte at aot leas than
two-thirds the appraised value thereor, being subject
to rCHippralsenient as upon executions at law, and
such sole shall be set aside or confirmed aa tho Pro.
bate Judgu ahall order, aud If coullruiod, deeds shall.
uemnnuio tne purchasers, conveying tho title rrco
from allHeas on t)s wme ror all- debU die the As
signor- wnenovertho l'mbate Judge shall be sails
flsd that It would be for the advantage of the credit.
whew eoiiealed shall pay Ihe same to the treasurer oT ors or the Assignor lo sell nny psrl of Ihe real or per-
.,i. .rvj.r.j esaigneo, at private eato, sucn Judge
i.i.) luimiriii iue assignee m mus sou the same, el
Iher for cash, or upon such other torme as the Probate
Judge.lu his discretion, may order, but snch property
shall in no case be sold for leas than two-thirds llnap
pruised value, nor shall such assignee become the pur
chaser thereof, and u return of such sale shsll bo made
wimiu toe time preaorlued by audi Probato Judge,
not to extend bejond six mouths, and such sale shall
be confirmed by the Probste Judge before tlie same
shall be completed and binding, and If coiiDrinod,
deeds shall be made ofthe real estate lo the purchas
er, conveying the title free from all liens on the sumo
nirau uutna unc by Ihe Assignor. Should any prop.
.,, .IU(i .o uu ooiu at private aaie, ue not
rithin tile tlln. nr.,i.rlli.l hv thM J.kIm. th.
suoh Judge shall order the same lo 1 sold at public
ant-nun in lite samu manner as Ihongh a private aale
had not been ordered. . ,
nee. . That section six of an act entitled "an act
regulating the ramie or administering aaslgnmentaln
trust for tho benefit of creditors," passed April 0. 1859.
bo amended so aa to rend aefollowa: Section 0. Cred
itors shall present their claims within six months
after the publication of the noli le providud
forln section rour of this act, to tho assignee for nl-
snldcltv,and for the iiurpose-nf nnrnrclng tho collee-
lion or said aasessinent, he shall havo Ihe same power
and autborlty now allowed by law for the collection
or slate and county tuxes.
Sic. 4. That in Ihe construction of a main Sewer
u orlhrougtl tho strouls. Lalies or alleys of said dla-
trlot, It shall bu lawful for Um city council to assess
shd collect, upon and from all the lands or lots bound.
Ing or abutting upon said streets, lanes or alleys, ao
much or tne expense or constructing said main sewer
aa would. In the opinion or the city council, bo re
onlred to construct an ordinary atreet aewer or drain
ot sufficient oaiiacliy. to drain or newer aald lots or
lanus nounuing and emitting upon tnu streets, lanes
or alleys In or through which aald main aewer auty be erly thusordered to bo sold at private sale, be not so
llknatr,At,(l ..... . . . 1 -nl I I-1 ,. V, . .. ...
Sac. S. Tula art shsll not applv to cities of the first
cliss having a popalntlon exceeding eighty thousand
mnaoitants. - -
Sac. 0. This act to take effect on its pnsag..
KICHAKD 0. PAKKONK,
speaker of the Heuse of Representatives.
. ROBKRTC. KIKK. .
Passed March 33, 1800.' President of the Senate..'
AN ACT. '. v.-t.:i ., -.- .
Suppleinentar) to the act entitled "an act to provide lowance.endtheaislgnoe shall endorse his allowance
forlhe organization of cities and Incorporated til- or rejecllou thereon, and claimants wboseclaime are
lagCS," passed Hay 9, leOU. .... . . . .. ... .-j-. rvqu.reu ,o unK uu "Kini ne
. , .,- Al "--'ri"l mniniow s.icn ciniuis wiwiiui inir.T ub a ai-
Sac. 1. Be it enacted by the General Aetemlly of tor the name shsll have h.,-..reioctH.I.. .i.ich. ir i.a
tlie State of Uhiot That theoonncllor aoylurarpora- recover, the Judgment shall be against Iho assignee.
ted village in this statu is hemby authorised to pur.
chnse,ror tho use of snch village, at a prlcu not ex
ceeding Ave thousand dollars, anv lots or grounds
tlierein. peine lormerir tno site ot any lort. or tne
scene of any Important historical event worthy ol
commemoration, aiid rot the payment or the purebaso
money thereor, aum council ta nereny authorized 1st
addition to the other powers of taxation conferred ou
them by law, to levy a tax upon all the proerty of
ssid village, as eoniainee noon- tne tax implicate or
the couniy, not oxcocuing one iuih ou tne ooiiar in
anv one year, and it shnll be the duly of sai.! couuci
to eatrse aald lots or grounds so purchased to be kept
Iu good order til Ihe expense of said villago.
sac. it. nils actsnnit ne in uirce rrom and alter Its
passage. KK'HAHll C. PARSONS,
-., , npoaieror uie House oi Representatives.
KOBKKT C. KIHK,
Passed March 31, 18oT). ' President of the Senate.
, ANACT .. .' : .". , -
To tc-onsrt soctlnns sixty-eight and fifty ono or aa
act entitled "an Act to provide for lliu Organisation
of Cities and Incorporated Villages," passed May
3, IBOZ.
Whirias, The eonstltollort of this slate provides
that the general nsssmbly may establish other courts
than those uemed in tlie constitution Itself, whenever
two-thirds of the members elected to vach honse shall
concur therein. And whereas, the supreme court has
decided that the slxly-oighlh and flft) -first soctlonsof
the act to providu ror the organization or cllteennd
Incorporated villages, which define the civil and crim
inal Jurisdiction of mnyors or cities or the second
class. Is within the purview or the constitutional pro
vision referred to; and whereas, aald act was not
passed by a vole or two-thirds or tho inomhur elect
ed to each house of the gonerni assembly; therefore.
Sat-. 1. Be it enacted by the General AtiemNy of ihe
ejttttt or vmo, that ssiu suction stxiy-eignt or sai.i
act aa amended bv the third aectionof an act supple
memory lo said act passed Aprils, 1850, bo and the
samo is hureby re-enacted as folloes: Section 63.
that be allow the samo In settlement of his trusts,
witli or without tlie costs, aa the oourt shall think
right; provided, however,tbat the aaslguee may make
any defenso to such action as the assignor might have
mime ion suit luslituted against him, before the as
signment, for tbe same cause of action. I - -
nec. a. Mini original section six is hereby roper.le.d.
Seel 4, This act shall lake effect upon lis passsgo.
KIOflAKl) C. rAKHONS, ,
Sponsor of tho Iloujeof Representatives. ,
' ROBKRTC. KIKK, .
President or the Sonule. '
Passed March SO, 18C0. . . . ..
.' ' ' ' ' AN ACT '
To rnablo Townships nnd Incorporated Villages to t.
launsu iemuieriee common to nolll. .
See. 1. Beit enacted bathe Central Atiemldu of the
Hate of Ohio, That It shall be lawful for tho Trustees
of any township, mid the Council of any Incorporated
vitiligo lucrum, tu unite hi tne eftuuiisnniciii or a
cemetery, common In tho inhabitants of both, by tho
f.urehaseof land therefor, not oxeeeding thirty acres
ii extent, at a cost not exceeding six thoussnd dollars,
tube paid hy such townnliipaiui villago, iu such pro
portions as may be agreed Ukii by said trustees and
council; nnd forlhe payment of such purchase inonoy
snid trustees shall havo power to levy upou Ihe tnxa
ahle property of such township including such villago,
sun saiu.couuru snuii nave power to levy upon tue
taxable proierty of such village, such tax, additional
toother taxes authorized by law, as may be nocossury
forsiich purposes; butsuld tax shull not lie so levied
durlny a greater period of lime than three years.
mc. tno tine to aucu cemetery snuii oe vestou
In such Incorporated village, for the common use of
tho tnlwbltaiitsofaiiehlownablpand village, lor burial
piirpotosiuuruin, tnesuid inuusnaii oe taiitout,ini
proved and regulated as a cemetery, In such manner
asthe oouucilof euch incorporated village may front
tinio to time prescribe by oriliuaiice; the iiihabitnnta
ofsttch township shall possess therein the same rights
and privileges as tho fnhahitanta of such village, to
' t t AN ACT ' i ' -
To regulate lb le of real esUU V relig
' ious (ocitics.
SkC 1.' lit it enacted ly ihet Cknrrn1 A$
itmblg ef the Stale of Ohio, 7ht whenef
ny religious society shsll desire to sell ny
roal estate that majr bats been conveyeil lo
such society, sn4 U bold in trust for s pe
cifiod religious .purpose, it shall be lawful
for the trustees, wardens nd Teittry, or oth
er olllccm entrusted with the' tesnigemstit
of the affairs of such society, to file in the
Court of Common Pleas of tno county where
such roal estate may bo situated, petition
stating that such society desires (o 'mako
such sale for the purpose of investing ibt
proceedn in other real estate to be held and
used for s like purpose, and if upon the bear
ing ofsuch case it shall appear that such
sale and ro-invettment are desired by the
Inerrtbers of such society, snd that there' is a
necessity for the same, the court msy author,
iu tho trustees or other officers holding tho
title in trust, to sell said real estate in such
manner arid, upon such toruis as the court
sLat deem reasonable. '"- ' ' '
Sko. 2 Tlie trustees, or hor officers' u
thorized to make such sale, shall make re
turn thereof to the. court ordering tho same,
at such time as tho court shall order, and
tnereupon, u me court shall be satisfied that,
the same has been made In all respects ac
cording to its order, and that the proceeds
iiye oeen invested., in otrier real estate lor
the use ofsuch society, in trust for the same
ohjects and purposes as provided in the deed
by which the real estate ordered to be sold
was conveyed tosuch society, or , hat a. con
tract has been made securing ' such, invest
ment, the said sale shall be confirmed, and i
deed authorized to bo made to the purchaser.
Qpn O nl i:: , .. '
ot.... u. a ne piuuuers snau cause nonce,
ofthe pendency and pryerof tho petition,
to be published for four consecutive Weeks in'
some newspaper of eenoral circulation in tho i
county where tbe real estate proposed to be
sold is situate, before the torm of tho
court at which (ho order of sale will bo
asked, ."
Sec. 3. This act shall take effect on Its
passage., ;
'..' KICIIAD C. PARS0KS, , '
Sneaker oftho House of Representatives. ..
; ROBERTO. KIRK, .'
' President of the Sonate
Passed March 24, I860. , , : ;
. i AN ACT,
Supplementary to "an act' to relieve District
Courts, and to give greater efficiency to the
judicial system ofthe State," passed April
12, 1858, and ofthe act amendatory there
of, passed March 81, 1869. v n'i
Sec. 1 2ft enacted by tlie General 'Attttn.
bly ofthe State of Ohio, That in Ml cases in
which a second trial has been, or shall be al
io woU, snd an undertaking entered into by
the party demanding tbe same, as provided
in sections one and two of the said act to
relieve the District Courts, and toeive treat
er efficiency to the judicial system of tho '
atate," ana tbe surety in the undertaking'
shall have removed from the eouhty, or the
uuuertaa.iugj is msnmcient - in lorni - or '
amount, the court shall, on motion, order - ft
new undertaking to be - executed, with se-'
curity to the satisfaction of the clerk ofsuch'
court, and if such order shall not ba com-'
plied with in such reasonable time as the'
court determined, it shall be the duty of.
such court, on motion, - to render judgment"
insuch cause against tho party demanding-"
the second trial for tho amount of the Judg
nient rendered upon the first trial, together '
with tho interest accrued thereon and for -
costs of suit, and to award execution, there-
on as in other cases.
Sko. 2 This act to be in force on and af-
cases where two or more bidders shall be equal, and
none lower, the directors and warden are empowered
to decide which shall take the contract.
Ktc. 11. The said warden and directors are hereby
authorised to take from tho quarry belonging to the
siate, an tue atone neenen lor sate structures ana en
largements.und for lhat purposo they are hereby au
thorized and directed to control so much of said
quarry aa la nocoaaary for aaid purpose, hut ror no
otner purpose.
Sir. 13. That said wardon shallbe the acting direc
tor ol such proposed Improvements and tho said di
rectors shallbe advisory, and they may employ, at
metr discretion, an arcniioci, ana sucn oilier assist
ants as may be necessary. And whenever the ex
pression 'warden and directors ' occurs, or Is refer
red to In this act. It shall be held to refer lo them as a
Collective Dody, a majority of Whom shall tie coinpo.
tent totne aiscnarare or pusiness.
Heo. 11. Thuro Is herubv aouronriated out or any
money in the treasury, not otherwise appropriated, to
pay ror work performed, and- materials furnished for
tne purposes aroresani, the sum or rorty tnousauu (oi
lers. Nuch moneys shall be paid out In Ihe same man
ner aa other moneys lire, upon the certificate or said
wardon end directors, which certificate ahall only be
given lo pay ror work actually done, and materials
actually nsea ill maaing tnu improvements autnor-
lreii ov tnu act.
Sie. 14. This act shall take effect and be ill foroe
Irom and after Its passage.
. . ititmAtt ni;. i-AKHiinrf,
Speaker ofthe House or Kepresentativea.
1(0 UK HT 0. KIKK,
Passed March 28, 1800. President or the Senate
AN ACT
To aiilhorlxe Counties, Townships, Cities and lncor-
poratea villages to issue Bonus in certain cases.
Sic 1, Be it enacted by the General Aiumlily of
tatmauof vmo, instil suaii oe utwiui rortneuom-
misstouers of any county, the trustees ol auy town
ship, andtheuouncii or any city or lncorporaieii vil
lage which may have heretofore in pursuance or law
issued bonds iu aid or for uuroososur public improve
ment, and which bonds are uow due and unpaid, or
may become due on or before Ihe fourth day of Janaary
in the veer eighteen hundred and sixty-three, to Issue
other bonds not exceeding in amount Ihe principal o,f
aucn oonae soane ur hi oeeome uue.
Hie. 9. All eondsissued by virtue or the foregoing
seetlou shall be numbered and roglstered bv the au
thorities Issuing them; each bond shall be for a sum of
net lean than ouo auaureo aonara,or more man one
thousand dollars, and shall become due at any period
therein named, not exceeding fifteen years fruin lis
date) it shall bear interest at a late not exceeding
territories or the United Stales, and whieh, had Ihe act
been committed in this State would by the luws thereof
been been a crime, It sholl be Itiwfnl, und It Is hereby
made the duty or such Judge tu hear and examine auch
charge, and upon proof by him ailjudgcd suHlclsnt,to
commit such person to the Jail or the county Inwhtch
auoh examination shall take piano, or to cause such
person lo be ueiiverou to some suitauie persou to oe
removed to the propor place or jurisdiction.
Hao. fi. Thut whenever anv person Is committed to
Jail by any judge by virtue or tills act, it slisll bathe
uuty of such juilge loruiwun to give nonce uy teller,
to be directed to tho sheriff or the county In which
such offense shall have bconcotnmitted, or to the party.
Injured by such crime, which letter may ba S'-ut by
mail. And no person so continued shall be delayed
longer In Jail than la necessary to nllow a reasonable
time to the person or persons so notified, after they
shall havo rucelvod such notice, to apply ror the per
sons so committed.
Niu. S. That au act entitled "an net concerning lu
glllves fromjiisllco," passed February Uci, lti3-l, bound
the same Is hereby ropealed.
Bsc, 4, This act shull lute effect upon tu pasta ge.
KICIIAKLI (J. rAKMJ.vi,
Speaker ofthe House of Itcproscntntlves.
. KOHKKT C.KIKK,
Prcsldaut of the Senate.
Psned March 24, 1SC0.
AN ACT
Supplementary lo "an Act relating to Juries," passed
rebruary u.itMi.
Sin. 1. Be It enacted hi the General Aiumlily of the
Slate of Ohio, That whenever, Irom any caeie, tbe
number of petit jurors iu attendance upon Ihe Court
ol Common Pleas or any couniy In this Stste, at any
time during a term ol sucn oourt, snail ue icsstuaa
twolva, It shall be lawful ror the court to cause to be
Issued a special venire faclaa containing as many
names of discreel and suitable persons, having the
i-ualillcatlons of electors and suleclod hy the court
aasald conrt may ueem necessary to coin pieiv me pan
el of petit Jurors, and the jurors so added lo complete
said panel shall, for the remainder or the term, con
stitute a part or the panel In tho snme msnner as ir
they bad been originally summoned thereon, and shall
be entitled le the same exemptions from further ser
vice in tho same year, ana t the same rceaaaarc now
allowed to petit Jurors bylaw. - - ' ,
Kse. 8. This act shall take effeet ana be In foroe
IVom and after Its passage. - ' , .
it tun -tills v. rsnsven,. -
Speakor of the House of Kepresentativea. . .
KOltKK'l 0- KIKK, "
Paased March U, i860. President of the Senate. '-
AN ACT ' "" " ' " '
The dty council or the second class shall hare power be exercised iu the samo manner in all respects; and
pormission suaii ne granteu oy said council ror the
to provide by ordinance for the auinoionlng and sin-
pannelliig of Juries hy the muyor or such citlus,and
such jury shall have the qualifications of Jurors In tho
Court or Common Pleas. Juroraand wlinoasealn all
roaerutinus before the mayor for violulluiis or tho
tv ordinances, shall receive the aaiuo feus that area!
wea oy law in civil actions peinra justice ot tne
peace; the fees oftho mayor and marshal In such cases
shall be provided ror by ordinance, all of which foe
Incase or conviction shallbe taxed mralnstthe 'par
ties convicted, and In case or conviction slisll bo
taxed against the city and (exceplthufeesof tho may.
and niarsnaij pnia out oi tne treusuryunon me ccr-
tntermept In said cemetery uf all persons burled at
iue expense oi sucu tuwusuip, - . -
riai-. 3. Said council may provide, by ordlnauco,
for tbe sale and conveyance of burial lots and privi
leges or interment in aaid cemetery; and the proceeds
et all suchaalossbal! be used for the payuiuut of the
purchnse money of suid lsnd,or for thu improvement
of the same as a cemetery, or for tlie creation of a
run. i, tne interest or principal or wnicn may oe ap
oiled to the iiiiiirovomunt and caru of thu samo.
Sec. 4. In tho establishment or cemeteries under
11,1 ant anv li.Haialiln nr l..i.rnnr.tM.I villuv mat
tlflcnte or the mayor. Tbe mayor or the oltles of mako use of any cemolery which may or shall bo held
theaucond elass shsll have within Ihollmltaor the
same, all the Jurisdiction and powers of a justice of
Ihe peace, iu all mailers criminal and civil, arising
under the laws or this statu, to all iutenta and pur.
-roses whatever, und ror crimes aud otfuiuos his Juris.
iliciion Blttll oe co-extensive wnn tiieeounty; no snail
Ive bond ana soeurity as la reipiireu of justices of
te poaoe. lo bo approved by thu city council; he
.I..1I k... .,.l,l.. 1.l..lln,ln nf.ll h...b...ll..n.
Il-I. iin, WA,i.,n..v j.iipiuiwu . hwiuh"ii I HI!,, UU, V SSIU iTULUeS W WUilCil, I
for violation of tho ordinances or tho city; he may ostablishmenl, Improvement and cam
aAWiin sTvat Aiatitutii line at rv as it rn . nssv-fa )la a, a to I -saaon ual 1 u
by coupons thoreto attachud, and each bond with Its To prevent Collision! on Rellroadi Within the State
coupons may oe inane paynpie at any place oesignnteu
therein; proriae-u,nowevur, mat ao pons shall he
dlsHaed or al loss than its par value, and the pro
eeuiis of an sucn nonus snail oe usen. tor the reaeinp.
tlon or an count amount or thu nrlnelual or bonds fall
Ing due or to become duo as apeclded la the first sec
tlon or this set. ann inr no otner purpose whatever.
Sao, S. Snid Commissioners, Trustees and Coon
ells, Issuing bonds under the provisions of Ihla act, are
hereby authorixed and required to assess and levy In
the usual manner an ananal tax ror tbe payment or the
interest upon said bonds; and they nre likewlae hereby
or Ohio,
Bit. 1. Be it tnaeted by th General Atumoly ef
ike State of Ohio, Thnt whenever tho tracks of two
railroads in the Stale of Ohio oroae each other at a
common grade, the crossings shell be mods, kept up,
and watchmen malutalued at the Joint expense of the
companies owning said tracks, and all trains or en
gines passing over aaid tracks shall come to a full atop
not nearer man two uunure. i i.u .n
eight hundred reel from aald crossing, and ahall not
crose until signalled so te do by the watchman, nor
until the way la clear; anu wuou iw psnniK-ic or
Saw. 4. This aol shall take effect and be la foree
CHARK 0. PARSONR,
from and after Its passago
ni
authorised to assess and lew such annual taxes to fuuhttmiii,inmfluii at the t-ir-io time, tho train on
them may seem expedient for the redemption or the ihe road first built shallhave precedence; provided they
principal of said bonds; the power of taxation hereby are both main tracka ever which all nassongera and
coniorred being additional to tbo other powers of tax- freights ou said roads are transported; batif oaly one
ation granteu to tnem oy law. I Is such main track ano tne oinor la a siueor uepot
track, then the train on tue main iraca suaii taae
precedence; out none oi sam iruw yeMgir too
the other a freight train, Ihon the former ali-.ll take
precedence. Hegalar trains on time ahall take pre
cedence ever trains of the aame grade out ou time,
aud engines, with cars atiarnou, noion timesusu tats
prooedence ol engines with cars attached If not on
lime, The aamo rule as above provided shall apply
In all respects nhere the tracks of two rellroade In
any way connect.. ...
Sac. t. Ilaluill be the duty or the managing agent
er auparlntcudout on every railroad In ths Slate oC
Ohlo.imniediately artor the taking effect of this act.
to establish and publish to all the employees on aald
railroad such rules and regulation! aeeball, In all ea
ses, secure strict compllsuce with tbe provisions or
the foregoing section, anu 10 re-puoiiHn nucu ruirs or
award and issue anv pruress or writ lhat muv be ne-
russary to enforce the adiuiiiistrulion of rlirht and
justice inrniigiioiit tno oity, ami tor tne lawiut ex
orcist oi nis iiirisuiouoil accenting to too usages
and principles of law; and he shall In the discharge of
the unites oi Justices ot the peace, receive the fees
and compensation allowed by law In such cases.
Sec. 9. Thnt auld section fifty-one of aaid act ho
and tho same Is hereby re-enacted as foilowai- Suction
al.- The mayor of the corporation shall be a eou-
rvator of tho peace Ihroitghoiit Its limits, and shall
have within thu same all thb power and Jurisdiction
of a Justloe of tbo neuee, In all metiers civil and
criminal, arising umier the laws ol tins stutu, to all
tents and purposes whatever; aim ror crimes and
offences committed wllhto the limits or the corpora
tion his Jurisdiction shall be co-extensive with tho
county: he shall give bond and security aa required
by law or jusii.his ot tne peace, to ne approvea py
the council; and the aald mayor shall ierform all
the dutios renulred or him by the laws and ordinan
ces or the corporation, and appeal may betaken in
the aame manner aa from the decisions or justices of
tne ieaeo; he shall Keep a docaot, and snail bo ai-
lowoa ana receive tue same ices mat justices ei tno
peace are or may oe anowea tot similar servioee.
niu. j. nection ai anu election no oi an actio pro
ide lor the organisation of cities and Incorporated
village, passed May 3, lHS3,be aad tho aame are
nerupy rupeaiea. i . -
ngo. a. luia act snail lane enect upon ita passage.
' KICHARD C. PARSONS,
Speaker of the House or ttopresontativei.
KOHKKT a. KIHK.
Passed March S4, lPrJO. Prusidcnt of the Sonata. '
, AN ACT .
To repeal the Sohool Library tax,
Stc. 1. Beit enactei bu the General AtttwMu af the
State of Ohio, That tlie fifty-eighth section of the act
of May 4, JC&I, to provide for Ihe ra-organicnllon,
supervision nnd maintenance -of common schools,
ao fnr as it relates to the assessment or luxes ror the
purpose or furnishing and Increasing school 1! entries
ana apparatus, do aua trie aaiuo isnereoy rupoaieu,'
B0. x. tuia actsnau taae enect on iu passage.
J,-1'- RICHARD Cl PAKSONN,
;. -i I- Speaker Of the House Representatives.
itnubiti u. ntKtv,
March 10, I860. Proildent of the Senate.
,., AS ACT
Stieaker of the House of Kepresentatlvu.-
UOIIKRr I'.. KIHK..
Passed March 10, 1600. ' Presided or the Sun ale.
AN ACT
Making appropriations ror the Maintenance aad Re-
Sair or Ihe Public W, rka ror the fiscal year ending
ov, 15, IPSO, and ror the quarter ending February
to, if-oi.
Sao. 1- Be it enacted by th General Ambly ofthe
State uf Ohio, That there ia hereby appropriated out
of any moueys In tho State Treasury, for general rev
ouuo purposes, to he paid ont nn the cheek of tlie
member or the board or public works, who may have regulation oo every time table or card Issued to the
charge or tho resjieelire portions or tho public works employeeson said road; aud In case such mauaflug
for which appropriations aro made, as follows: aiteet orsuperlPtendcnt shall full or ucgloct lo ostab.
For general superintendence, construction and re- n,h and publish auoh rules and regulations, or lo re
pairs on the uortliorn portion of the Ohio (janal, from publish Ihe sauia on euch Itme-table or card Issued to.
Cleveland to tho Mcking dam, ror ths fiscal yenr the employees on said road, for every such neglect or
eu.ling November 13, 10, the aum of fifty-five tho us- refusal said managing agent nr superintendent shall
and dollars;
far th quarter ending February 15, VMI, the sum
or eurht thousand dollars: - '
On tho WolhoiidlnglCanal, forlhe Rsoal year ending
November IS, IHbO, the sum of three Uinusaiiddolinrs;
For tho quarter ending February 15, lHtll, the aum
of fire hundred dollars: , . u
For building Kandv and Be aver aauoduct. eleuen
tnnusana oouars;
For general superintendence, construction end re
pairs on Ihe southern portion ol Ilia Ohio canal, from
- '. - : AN ACT
Ta amend an act entitled "An Act ta authorise Ihe es
tablishment of Poor Homes," passed March 8, leal,
rook effeet June l. ttSl.
Stc. It, B it enacted by the General Attembly of
the State f Ohio, That section rouroi tne aet euimeu
"An Actio authorise the establishment ot Poor Hoas.
es," pasied March S, 1831, be soamended as lo read as
follows l That the Beard or Directors shsll appoint a
Supertilendent, who ahall rosldeinaome apartment ol
the Iiiflfiiiary, or other building cenllguoua thereto;
nrf h- ll m.mIvh such comnehsatlnn ror his services.
psrfori auch slutlea, ami give such sccerlly forthelr
fslthfurvperforrasnoeas tho Board shall jnago proier,
he shall Sie governed, in all respects, by thu rules and
reruiatiAna of th Board, and may be removed by
thorn at pleaiire,Mit In no ease ahall Die Directors
snnnhil nilin of thutr own number snch superintendent.
nor shsll aeiy director be eligible t hold any other
omce.dlrei-Ulyorlndlrectlyln the Infirmary ,or receive
' aay compenWtinn whatever, aa physician, either dl
recllyor IP iSlreetly, wherein the appointing power Is
veiled In th -Board or Directors by this est, or th act
amandatory oll hia act; nor ahall th suucrluteudcnt
thusappolntei bold any other post In th Infirmary.
Ti,., -..--i....nsiinns nriav iwnnlra all nersebs received
Into the InflniMry, lo perform such reasonable aud
modorut I shot as may be suited to their ages and
liodlly strength! the proceeds or which shall be appro
priated le tho ue ofthe loilllullon, In euch manner
ns tho Board or UHrecturs may point ont. Th Super
intendent shall -receive Into the Infirmary any peraon
who shall products to him such an order or voucner aa
afler reqOslred: and hs shall enter in a dooiio
and kept fnr that purpose, tne
lear as may be, of every person so
nrtnary, together wnn tne aay on
roccivca ana aismissea.
isnerelnafler rem
b provided by hh
nam and are. aa
received into the I
which such porsou
be personally liable te a ps tally or one handred dot-
l.n In liu ra.nvnn.i 1. tos-elher with costs, in an action
against him In favor of tho State of Ohio to be brought
In the Court of Common Pleat of any cotnly whore
any such crossing may exlsl; any auoh agent or supr
ii.i,.nni mnA On, railroad company of wnlch he It
agent or superintendent, snail also oe nseiein asm-
ages to any person oreoiupun; wuu ...i. un iiij,u ib
uin.n a, nronertv llV BIIV
llaot to aUblth, puW.riii or re-publltth wW ruli and
refTUIMlOnl M BUOTV ?IUV l vi" 4 " onii exuvase ua
ill I.loktuir Unm to P"rUinoulh, for Uie fiscal oar I por.ntenilent shall also ba liable to acrlmliml prowcu-
eail.n-v Niivomliar lit.lrtRO. thAnm nf Hftvlvht thou I tiAn tufnr
sanq aoiwrai- ; i Sao.3.- IbiTinrT inninvwr or poriDii id rmrp ui
For the quarter ending Februar.1 W, the sum lajiantriiie who shall failto oonvplf with the proiisloua
. J,V.- J J I 1 ' I , .iDa .,..nu AttilBHiil Hnjl ilioll ull lhk-slsi-s,
in tun viiuusanu uuunnM i oi mw Urn anoiion ui um in-w, ai.a nnn mn vy tnn
On tlie HoekiatTcanal Ibr th flacal vm andlnc Not the. .inar Mthirh ha lain chartze, with the train. If
Tn.ltjr 13, ItttfJ, tho sum of twelve thousand aevao anytthtNto attached. toafuUsUp atUaattwo huu-,
handred duitarii: - AtA f,.oi hoforo arrtvhiK at auy railroad croatlitc or.
fortiM quart" enmng Febraavrift, Irtll, the ana ronnaotfon, or ahall orotaiMaaraa ooiore ncnioa a
of two thouund do Ham . . , - to do by th watcfaraaa. or tHfora-Iha war ia clears.
me muiani)tiim lmprovcmen., mr um nncai i shall be pursonailj uauiw nivrwiui: puii ui v
TarantlitittNTObr1S. theiumf thirtv-foHl' timMr.it rinllara. to be it oo to rod by cirll action, at
thouaaad UoUars, and for the imp remnant of tha 1 the auHof tha Stat of Ohio, In the Court of Coamao
snou.n oi ine Husxingum nrer. iwo uionsana aoi-.i Fleas of aiiTcoui.tr wnaro auj auu vruuiB un w
lara.' 1 nectloif txlatf, and the compawy In Whose employ
rnr in flaanar anaina iranrnan in. imit im mmm i meh enis.nsvfnflMna in eiwrav oi fliurina mar
of fuur thousand dollars: .. bt aa well aa Uie pornoa hlmaelf. ahall be liable In
For the payment of rerrtafed, or brldpe ioll, at damaaes to any pirson or company who may bo Injured
Portomouth, tbe eun df U hundred dollars. Inperaooor pntpertyby the nir1eet or act of aat4
For tha pajmonj oMndobtedneae Inourred prior to anKineor or peraou In ebargo of an engine aaafora-
Febrnarr 15. lHfiO. th sum of nne thousand dullant: hL) nrl am-li nntriNfler or nerson In rhnrtie of an
Kor general supertntentence, eonstmotinn aim re- enenne ahall alao, In ease any pron m auira oy
Pairs, on the Miami and Krio canaL from Cincinnati
to Tolu(lot for the fiscal yrar emilnr Notch, bur U,
im), she gum of ninety thousand dollars; ''
For the otiarter endfnc Fobruary 15, lHOlv tbo lura
oi tlf'een tuousnnd dollara; i
On the Western Rchtto and Mnumce road, fnr the
flsenl year end in Noremler 15, 1060, tha sqoi of lire
Uinuaana dollars
reason of hie neglect nr failure to hrlne, loehanflno
mill truln nt rr. If BUY UiorO be attuUod UlttretOa lO
a full stop At loast two hn ndrad fret before rcaculn a
oroaaiitir or oonnecuon wiui iu imv i MUouwi-intii
road, or by reason of his arossinf iue uiut Ourure bo.
lnp flijrnn led so to no ttj mo waicnman mere nnimneo,
or before the war la clear, be liable to Indictment
conviction and punishnient for.majislaiihtor: or In
For the quarter oadlntt February 15, lflOL the sum enseany itorson nulnln bodily injury, not atTuctlntt
VI Ull wllVUejeB llJ UUIIBTI, 1 llla UJ TTinm'n majrejii), 1UUII usjll V g iiat- wr pjnnn
For eomnlaLlon of eantraot with James Purdr at In ohartre of an enrtne as aforoaaid ahall ba aomt derail
UHvaa aiio cut, iue sun or two tbouaana aouars; i a?uiiiy or a mtsuaineanor, aaa snau, on conviction
roroainnca aue n. Karri rion at jo. on muirnrsi tnereor ininonrnner counoi ine connir wnore sum
fnr bnttdlnsT lock no. 0, north of Uramte8amn.lt, In bodily Injury occurred ( ba Imprisoned In the Jail ef
lew. inesura oi iwo tnonaana nine ounarvu anu nr- tne couwv noi less man ono nor more man twentv
litynino uoiiars ana ninpiocn cent. , 1 monvns, or oa nneu in any sum u mors man nre nun-
For the paynent or claims for damaffai to lenai on dred dollara, or both at ttiedlaeratlon ef the court.
Uie border of the U or oar county raMrroIr, tba aum of Ban. 4. That aeotion six of tbe act entitled 4 Si a aet
iwo inonaanu oouars; to ainrtnu tno aci amnion an act to nrortda ror tha
For the payment of tho salarlos of resident engl- creation and regulation of Incorporated com pan! a,
by such townnhin or rlllatro. and of any land which
such township or village may or shall haro acquired
by deod of gift or by deviae, for byriul purposes; but
such c inctery, so he Id, or land so acquirod, abalt bo
partor ine tract or land, not exceeding imny acres.
ncvuieu to cemetery purposes, unuur ims aci; air
funds which are or in a? bo iu tho treasury of aud
township or rtllage, applicable to cemetery purposes
may bo, by said trutoea or council, a.plli:d to thu
establishment, iinprovuuiunt and cam of cumotorios
creatad nnder this art. aa If such funds wore thu pro-
oueiisoT suumi oi tmnai lots tnurtitn.
Sec. 5. Anv townnhin adluinlna! ano In which a 1
cemutorymay bo oatablishcu uudvr this net, muy, by
consent of the trustees of oath township, and of the
council ofsuch Incorporated village, boinljulitud to an
e)ual panleipatlon of the Inhabitunts thereof in right
and privileges in aald ceinutcry, upon such tonna aa
may bo muiutilly ngrved upou; but tho title and con
trol of said oemutcry shull continue rested in auch In
corporated village an heroin above provided, r.
' 800.G. AllUwsof this State, of general naturo,
providing lor tho protection of cemeteries, or making
criminal any acta dona to the Injury of anything ap
pertninlug In any way to tho use thereof for burial
purposes, snau apply to cemeteries estaousneu ny vir
tue hereof
Hoc. 7. This act shall take effect and be In force
from and after Its pusnge.
RICIIAHDC. PARSONS, '
; - , : Speaker of the House of Kuiiroeontatlres.
. KOHKKT 0. KIHK.,
P.-usf d Murch 17, lttGO. President of tlie Senato.
Further to regulate tho practice of tha Supremo and
uisirici uouriain inia ciate.
Kec. 1 . fait macf&l bu tU General AMmtblu oft As
Vldtta of Ohio, 1 hut all oases of in formations tn the na
ture ui a quo warranto, wmca aro or may oa penninef.
In the Fuprume or District Courts of this State shall,
on the motion of the Attorney General or Prosecut
ing Attorney having elm r ire of the aame, have prece
dence over me ciru Duitmo! on tne uockui oi sum
courts respectively, and it shall be the duty of said
i courts to reoulreon motion of the offloere aforesaid.
aa spueuy tri&i oi tne merits in aucn iniormation aa
may bo count stent with tho rights of the partlos tlioro-
to.- - 1 ' t - 1 . , -
Hoo. S. That In all cases where proooedingsare or
mav bo ponding In any of the courts of this Hla to hav
ing Jurisdiction over the aamo In the nature of a quo
warranto against auy banking corporation, whether
Instituted bv tho Attorney General or by the Froaecut'
Ing Attorney under tho provisions of the laws of this
Suite, any stockholder or torkholdersownlng togeth
er not less lhau one-fourth, of tho capital stock of auch
1 company actually paid In, nr enlltlod to the beneficial
Interest thersin, may Hla In tlie emirta lit- which auoh
proceeding may be pending, a petition tu eiajoln te
directors ofsuch corporation from making any dlspo
lltion or tne asset or ancn oorporniion wnicn anau u
(er its passAgo.
. KICUARD C. PARSONS, -
Spoaker of the House of Representatives.
ROBERT C.-KIUK,'-' "
' Prosident of the Senato.'
Piwscd March 10, 186U -
assstsaaM t
AN ACT - o
To prevont and punish child stealing. ' '
Sko. 1. lit it enacted by the General As
sembly of tht State of Ohio, That every per-
son wno shall maliciously, or forcibly, or
fraudulently, lead, take or carry away,--or :
decoy or entice away; any child under tfce'
age often years, with intent unlawfully to
detain or conceal aucn oluld from its parentor.
parents, or guardian, or other person having
the lawful charge of such child, shall npon
conviction thereof, be imprisoned in the pen
itentiary and kept at hard labor not more -than
seven years nor less than one year -
Sko. 2. Every porson who shall aid, abet
or procure the commission of the offense de
fined in the preceding section of this act i or
shall knowingly harbor or conceal, with in
tent to detain from'its parent or parents, or
guardian, any obild under the age of ten
years so led, taken, carried, decoyed or en
ticed away as in the preceding section spe
cified, shall upon conviction thereof, bo im
prisoned in the penitentiary and kept at hard
labor not more than seven year nor less
than ono year.
S0. it. This aot shall tako euaot on ita
passage. . .....
K1UUAKU U. 1'AliSU-N S. . ,
Speaker of the House of Ilcpresentatives
,,i.... 1UJUJ414T 0. JilKh, . :-;
Prosident of the Senate. -PassedMarch
24, 18G0. .,
the firat section of this act, tl lama shal
bs offered by the eommiaaioners of the wink
ing fund tor rait in the city of New York;
and for that parpoae the said eommiwioners
shall advertise Cor bids er proposals for tbo
taklngoftheaam,Sn at leaat two tiewapav
fursoffeoeraleireoUlionpubliahed in the
city of New York, for term at least six-
ty flays he tf2irfsinny wieoirm
Ine the receotioit-' of bids or proposals tor
taking the same, end sneh certificate shall
be issued to the nartv and parties who shall
gree to uke tho sum, or ny part thereof,
m tbe lushest rate or premium ana at a rata
f Interest not oieeeding six per cent, per
nflum, or at par, t tho ioweat raw or in
terest under six 'per centum per annum, as
tho said -commissionerf shall judn to be
best for the ' interest of th Mat No por
rloo of said eertiflcaUs' shall be sold or dis
bosed of at t rato or prie ' ls than 'the
arrionnt expressed n' tbe fc thereof nor
shall tn eommistiions, expense w' charges
be allowed n the-fate and conversion there
df into money ,M a-to reduce th nettaaount
realised therefor below the amount express
ed on the fiiceof the certificate or certificates
so iasued; an! o' certificate shall be ' Usaed
bearing a rate of interest exceeding -six pel1
eerrtuta. i In all -cam wheiw -there sliall be
more than one bid or proposal ta take -oil of
any portion or the oertincatos so 10 do isauta
as foreflaia.lit i Tti tamk 't -HheT,
and most to the iutoreet of the State said com
missioners Shall apportion the amount equal
ly and fairly among the parties making sucn
bids or propo'alH; -anti- the commissioners
may adopt auch other regulations in relation
to the form and reception, or bias or propo
sals as they may deem advantageous to the
state. Provided, however.' that whenever,
certificates ofthe landed debt of -ths -'stale,
to be iMued Mautiwfiied try- the Drat- see
tion of this act, nd which shall bear vretr
of interest not -exceeding Ave per eentuiii1
prjr atinirrli.tan be Sold at price equal to or
greater than the par value thereof, or ex
change for an equivalent amount at its par -
Value, of the then Outstanding funded debt or
the State, the eommiasioners of the sinking'
fund are hereby-authorixed and permitted sot
to sell or exchange such certificates or any
part thereof, without advertising for bids of-
proposals for the same, and at ny place er'
places where such sale or exchange can be
effected. ' -; -?
' Seo: S. The nett proceeds of th sals Of.
tlio certificates of the funded debt of th'
state. Issued tinder'-thS authority of this act,
shall, be applied' to' the redemption Snd pay
ment of the principal of the; funded debt of
the state now existing, and to ho other pur-"
pose whatever; provided, however, Snd it- is-
hereby expressly declared, that this aet snau
not apply to or include in its provisions the'
temporary debt or seven hundred thousana
dollars, created1 16 reimburse the treasury,'
ahd auihorired by the act of April 12, 1858,'
thpaymentof which is provided for bys:
special tax levied by that act ' '' '
Beo.U. Any noweroiany portion oi ine
foreign debt of the state may at any time
surrender the same to the eommiasioners of
the sinking fund, and receive in lieu thereof
a' certificate -r certificates of an equal
amount of the domestic debt authorized by-"
this act, and said commissioners shall mako
the-nefessary transfers, registries,' entries'
and cancellations in their books. Upon the
surrender ofafy-!of the ' now outstanding
certificates of the domestic debt of the state,
the commissioners of the sinking fund may
issue in lieu thereof transferable certificates
as authorized by this act, the principal snd
interest of which shall be payable at the
stato treasury, and at ths time and times
specified in the certificates so surrendered;
the certificates surrendered, snau ds imme
diately cancelled, snd the proper entries
thereof made in the books of the commission-
Te amend ssillnn four hundred and seventeen of an prejudicial In tba Interest of suoh stnokholiiori, or
act entitled "An Act to establish a Code ef Civil
Proeedure," paased March 11, IS53
Kin 1. Be M mooted by th General Auemfdy of
the State of Ohio, 1 nut section lour auuurou aua aeven
tuon of tlie aliove recited act hu so amunOud as to
roar) aa fallows: Section 417.- If eluiljment hoeoine
dormant, it maybe revived In tlie same manoeraa It
proscrLlxjd for revlvliiK actions baforo Judginont, and
wtirn tlie plaintiff to audi Judgment, his agent or at
torney, shall make aa atralavlt-thatlhodofonilant la a
Don-resiucol ol
wlil.li slmll be Inconsistsiit Willi lln'lr duties as ill roc
tors nrsnch cnrnoratlon. and aald ennrt. or anv ludffe
thoreof, la vacation, upoa baln- latlatled that tbe dl-
racLnrsinomcenrsuc.il cornoraLIOII have been VIOIul.
tnir. nr uro about to violate anv e'tho franchises thorc
or. may require taum so sirs seouruy lovne stocanni
ders tlioruof, to the satisfaction of aald conn or judge,
for tlie propor discharge of Ihulr dullos, and fur the
iiroiiar inanatvmolit and at-curity of tlie assett of such
... . ,, ,l.,p iKlr A.,,. I r,A ,.a,rf I l,n ..,,1 .mirl nr
ike an aimiavrt-tnatihnuofonnani ia a v.r...... .. - -: -
t thetuto.aud Uul auch judgment "'"voaor toonjo In "clt; "'"f.1"
roinalns nnsatlsfled. In whole or In iiart.wlth a stale
nient of th amount owlna; thereon, notice may be
published for aix conseculive weeks, as provided by
suction seventy-two, notlMitj? him to appear at a day
and the officers ol such bnnk from nmrlnir out or issu
Ing the nolos of olroabuion of seen bank, and from
incurring any iiuiiiiiqnai ntuiiitius uxcepi ir ino jmy
DKnt of Die necossarv services of tho oflluers and oin
niv-iwo, iioiin ine mill w apiienr a, a our . r -, . r
therein named, aot less than ten days after publlca. P ' "" , . lri """",n.', .."
tlon isenoinleie.end sliow cause why Iwltineut shsll
nut be rovivod against blimniid If suniulenl cause b
not shown to the contrary, the Judgement shall stand
revived for Uio amount wliioh uie court shall And to
remain duo and unaattanou npousnch Jiidgmeiit; pro
vided, thattn all casus wherein survloo may be mode
by publication, personal servloe of a eopy ef the ordur
may DO muiio 0111 01 inu siaie.
Kao. fl. Oiiainal seclloe four hundred and aeven.
teen la'heroby ropealed and ttiisracl to take offect
from and trier ita jiaasai;e. . :
KIUIIAHU tJ. l-ABMjnri.
-ii''- ' 'Speaker of the Honse of Rnpresentlves.
. ' -. ... i KOBKKT t). KIKK,
Marcb 10, 18T30. .,, President of the Bonate.
which while such prooseillnga are pending, shall be
under thu control of suld court.
Koc.3. Thnt such court or Jndiro shall alao have th
nowur.on netltlon of any stockholder or stockholders
nwnlns- net loss thun one fourth of tho oaDittil stock of
sucn oanKWg company aciunny pum nn,w in ine uun-
eaclnl Inlurosls tliurclii.loenjoin tho dlrectnrsand oin-
cers thereof from borruwlngor Issuing either dlroctlv
or Indirectly, any of the money nr assets of such bank
lor uieir own iniuviuuui puuem won sucn prooeeu
logs may be ponding.
n lUAnuu,.! An'lin,
Rpoakeroflhe Honreof Keprosantatlvot.
tfiiur.itv . ains, h
Pntsod Match SO, IWO. : President ofthe Senate,
.--1 ) -, v - AH AOT - - -..I: ;
l-n. To punish Bribery In certain enseal -
Ran. 1. Be It enacted bv th General Aeexnbtu ofthe
Stale of Ohio, riisllfsiir person orpersoiissliull di
rectly or Indirectly promise, offer tn glvo, or canse or
proeere to oe promrteu, onerea su ne given, any
aimiev.noo.lii. rlalit In action. Drosont. reward, or am
oilier valuable thing whaievor, or any premise, con
tract, unuortaaing, oongaiien,- or aucurivy, irar-iae
payaKiil ai delivery ot tny tioiieyt goixls, -right la
aetlnu. nresoiit. reward, or any otne'r valuable tiilut
wliatevor, leany ornesr r public agent afler his ele. I"
lion or appoiBinsent, ana either beior nr nltor -he
hnll have beoniuallilod as tush, with Intent
. rlrst-l o Influence his voto-nr aeolnlon upon tny
auesttou, aaaltor, ranee or proecedtag wkleh may then
be pending, or may liy law.be brought before him ta
sucn nfllcer or ngeiit, or '
. He cone To induce blaa lonegiett at omit tna por
foriuanoe ef bit duty at aucbollloaror agent, or to por-.
form such duty with partiality or favor, or In consid
eration of hla Ravine neglected oromlttedj the per-
mrmenoe oi sucn ouiy, or oi nit navmg perioruieu it
with partiality or lavor, or . , .,
mi.ir., . uu.o .iiim ... gnu. piwuurv W .r-sis, vo
procure, or In consideration of his having glvo. pro-,
cured or assisted to procure, by kit aet, ink-test, Influ
ence, other moans whaievor, any puhllo appointment,
ofllce, plana of trustor proOt, or any proferment or
emolument, er tny puhllo contract, or any false spec
Ideation, plan, drawing, cortlflrale or intimate under
aucu contract, .very sucn person and the omcor or
agent who shall in anywise solicit, acoept or receive,
anr such money, goods, right In aotlnn, preseut, re
ward orany othor valuable thing whatever, or any
Jironilae, contract, nndertaklng, obligation or security
iirlhe paymeui or delivery of any money, goods,
right In action, prosent, reward, or any olhorvaluetd
thing whalever, or any part thereof, shall on convic
tion thoreof, be punlahud aa provided In the second
soctlon of this tel.
Su. S. Tint ths efflcor, nubile agent, or other nr-4
son so convirico, snau ue niiua not less tnan ine
amount or value of the thing to promised, offered or
. AN ACT ...
Further defining tha duties of flupervlsortof Roads
- ana nignwaya. .
Hee.1. Be it enacted by the GieratArnbly ofthe
Stale of Ohio, Thot Supervisors of roa.lsan.l high,
wayswllhtn this slate, bo and are hereby authorised
toronttruct feat bridges over streams of water on aald
Thla'aet sVall tnko offoctsnd be In foree
tfter Us passage. " i f .
highways.
ntr..fl.
froai and after
H HAHnC.PAHHOnS.
Speaker of the House of Keproseiilatlret.
niriiBni v, ritna..
Preaiib.nl of tha Senate
';r
Paased March 31, 1HW..-
Extending the time for enclosing Railroads
,;,. by Dencos snd Uattls Uuards,,
1 Seotiok 1. i P it tnaeted by the General
Autmbltt of tht State of, Ohio. That the time
fixed in th sot entitled "an -act providing
for enclosing railroads by fences and cattle
guards," paased March 26, 1869, for enoloe
ing railroads by fences and cattle guards, so
tar as relates to roads in operation at tbe time
of taking effect of said act, be; and tbe time
is hereby extended so as to require said roads
to build (mums and cattle guards within
thro years fromhs passage of said above
rooited set. ' v. .
I ..-,,! RICHARD 0. PARSONS, i
j Speaker ofthe House of Representatives;
'. KUoJiiK 4 U-aVlttaVs
. ' i President of tlie Senate'
Passed March 26, 1860.
, .. ANACT'-, .
To provide for the final payment and re
demption or the 1'ullio f unded Debt of
the State of Ohio.. . . .
Sko, I. Beit enacted by tht General At-
sembly of tht Statt of Ohio, Tbati the com
missioners ol the sinking fund, for the time .
being, be snd they are horeby authorized,-!
empowered and required, at periods previous
to and near tho time at whtcu any portion of
th funded debt of this state shall become-1
payable according to tbe terms expressed
upon the face ofthe certifloates thereof, to
make and issue in due form agreeably to the .
laws of the state in suoh . eases made and :
provided, certificates of the funded.. debt of
the state of such numbers and amount as.
shall be tuffloiont, from ths proceeds there )
of to redeem so much of said debt then about J
to become Davable as shall not : have been
paid or fully provided for, by the applieatioa:.
thereto of the sinking luna established shd
fixed by the constitution of the state and
raised by law. And such oertifioates, shall
be made redeemable and payabli at: auoii .
time and times, aftor being issued, as In th
judgment of the said commissioners may ba
most convenient) ana advantageous tor ine-
final redemption and payment. . of the same
by th appropriation to that purpose of tha
inking lund, ostaoliSQod and raised as aiore
said. The time snd place ofthe final, re
demption snd payment of the principal
and tbo payment ofthe interest thereon
by tlie state, and the- rat of ; interest,
shall be clearly expressed on the face of each
certificate; but no certificate shall be issued
or made payable after the first day of Janur
ary, eighteen hundred snd ninety two, xv
ceptstthe pleasure of the , state; and the
faith ofthe stato is hereby irrevocably pledg
ed that th value of the .certificates of th ,
fuuded debt herein authorized ; to be issued -
shall in no wise be impaired, or diminished
by any set of the legislature, or other author
ities of this State.- i ;.. .-ii f,.:i Jr. V.
Sko. 2. All or any portion of suoh certifi
cates of the funded debt of i this state,, as
heroin, authorised snd described, : may be,
made snd issued as a aomeBticjebt, th prm-
cipaljand interest thereof to be payable at th
treasury ofthe state at tno seat or thee stat
government, or as s foreign debt, th prinoi-V
pal and intorust of which shall be payable at
tha oitic oi the agenoy. ot the stat . in th
city of New York, and at ; no other plao ot
planes whatever, and tbeoertiQcatea so Is
sued as domestic, debt shall bt issued snd
made transferable on the books of said corur,
missioners at their offlce at the seat of gov
ernment! an oth certificates issued as- a
foreign deht shallbe transferable on the books
ofthe commissioners in tho wanner pre-
soribed bylaw. h1'-m .! -.-.Sko.
3. The interest On all auoh oertifi
cates may be issued as sdomestio debt,
as aforesaid, shall b msue payaois semi-sn-nuallr
on th first day of February and on
th first day of August,in ecch year, after
the issuinji thereor until the Unai rodempuoa
and payment of the principal; and the inter
est on ail suoh certificates as shall be issued
as a foreign debt shall be made payable semi
annually oa the first day of January and
tha firat dav ofJulv. in eachyear. after th
issuing of tba sam until tba . final redemp
tion of tbe principal thereoi. -t i . . .-,
. Sko. 4. Whenever it shsll besoms neoes
sary to issue certificate of th funded debt
of the state, as auioonzea ana aireoiea in
( -. J
Sue. 7. The commissioners of the sink-J
ing fund shall keep accurate accounts snd '
registries of the issue and transfers, payment .
of the Interest ' and of the final redemption
and payment ofthe principal of said certi-"
ficates'. ' Said commissioners are hereby 're-1
quired to report to the governor st the time 1
of making their serai-annual reports, and at
such other times a the governor may re-(
quire; and to the general assembly, r either '
branch thereof, when so required by resolu-
tiori; all their acts and proceedings done un-i
dcr 11 and by authority of this act, and the
governor shall communicate - the reports '
made to him to-' the general assembly, if in
session.andif not in session, then at the
commencement of the next session thereaf-''
tor; and if such report be made more than '
two months before the meeting ofthe gener.'-"
al assembly, the governor shall cause such i
report to be published in at least two news-1
papers of general circulation published in
each of the cities of Cincinnati, Columbus
and Clevoland. ' ' ;": ' 1 " "'!
8eo.8. The act to provide for the renew .
al and to regulate tho final payment of the y
lunaea oeoi oi una tauj, pwsscu njiru u,
1859, is hereby repealed. ' '
Seo. 9. This act shall tans enect ana oe
in force on and kftei1 its passago. ; ' ';'
KICHABUO fAKSUNcS,
Speaker ofthe House of Representatives. " !
: ' : ' " i President of the Senate. ' '
Passed March 26, 1860. ,- t 1
::;'ANACT': ';rV"!: ;
To amend an Act entitled "an Act regulat-v ,
ing tile, moue oi auinioiHieriDg Assigu
mentg'm trust for the benefit of Creditors,",
passed April C, 1859. ..
Sbo.1. iJet'feuaceri lu the General At-
tembly ofthe State of ..Qhto, That section
one of an act entitled "an act regulating the
mode ofadministaring assignments in trust
for the benefit of creditors," be so smended V
as to read as follows. Section 1.' That whed
any person shall make an assignment to
trustee of any "property, money, rights or
credits in trust for the benefit of creditors
it shallbe tho duty of said trustee; within i
ten days after' tho delivery of the assignment
to him, nd be,ore JisPosinrt or propeVty'
an atuilirnod. to1 annear before the' probate'''
judge of the county in which ' thef assignor
resided at the um? or oxecuvmg vno aniu as---signment,
produce'1 the Original assignment "
or s copy thereof, cause the same to be filed
tho probate court, and enter into an un- '
dertaking, payable to the Stat of Uhio, in '
such sum and witn sucn sureties as snau -be
approved by th judge', conditioned for th-.-
faithful performance by said tf nstee, of his -
duties according to lavr; on Which undertak- 't
ing, any person injured 'Ty the misconduct
or noglect of duty of the assignee in regard ,.
to said trust, may bring an action thereon,
in his own name, against the assignee and his '
surotios, to recover the amount to wnicn no -may
be entitled by reason ofthe delinquen-'.
cy. A judsfnoh" in fTor of a party Tot '
one delinquency shall not preclude ths sam
l I . -nflnrt In triA anmn ' tinrl.rtnlra''.'
ing fqr another delinquency, nor hall Such'
judgments preclude any oiuor pny irom i
bringing actions on such undertaking' Ths i
probate iudiro shall have the power to Te-';
quire tie assignee to execute tn additional'"
undertaking whonover the interests 'of tho
creditors of tho assignor demanded the same, 3'
and action may bo brought thereon as lipon, "
n nriivinal llnrlartftkinir V- ''! ' '' '
Ssoj 2. That soction" bns of the set to'
which, this is an amendment 1 arid th
same is horeby ropealed; providedhowever,
that such repeal Shan not aueot any unacr-
taking heretofore executed in persuanca oi -ssid
suction 'one? nor any action founded
thereon, which is now pending., - ' -
: 8ko1 3. That in all cases ofassignments
ofperspnal proporty made "after the taking1
eUactorthiB act, wnicn span come wunm f
the nrovisions of tha act t6 Which this is an '
amendment, all taxes of every description as-
sesscd against tne assignor, upon anv ponuu
property hold by him before his assignment, ;
shall be naid by tho assignee out of th pro-
oeods bf the sale pf th persons! property as-
signed, in preference to tny otner ctaio"
against the'asssignor. " ' , '' J "e "' J "
Ssoj 4. This Set shall take sITect and be-,
in' forob from and after Itspassage. " , , ,
. .. . . -. mcnARD C. rAKSUJv o. (
Swaker ofihe HouseofRepresenUtives. '
" ' ROBERT 0. KIRK, g
ui K.. M to . ppgsideni of the Senate. . ;
;rassedMarchl6,1860. ' ,
-'; '-. -AXACT . ,'
;int and regulating Roads and Uigby. .
January .
V, - Tr. .. -j.J t.. the
ey
crosses -Soh dividing shS?
sons inUnding to apply" id roaa suau

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