Mt. Vernon Republican (Mount Vernon, Ohio : 1854), 1856-06-10

              -U. . vMev nrr F--T:' Ak i KiV::.' Ml ikr 1 11! A ; 1 ,:'.. , j M t.l !l It mtm$u It 1 VI 1 ft Mflf lit f ff flf ft : .14 . . ; . , ..; .;,., i.i ... .. l t.JI A ri I-.M I-3C '11711 0 I III Ml II l! .' L. ' ' ' i i 1 1 V.i i i -I LAWS OF OHIO. Published by Authority. ; NoTfisTj a nact, j -- ; Toamcml an net paxnod Fobruary 20, 18Sfi, entitled "an act to establish a code ef civil prueoilure," '' uiotl March II, 1M3. ... Section 1, Re U enacted by tJte General Assembly of the Mute of Ohio, That soction threo hundred and thirteen of an aot untitled "an net to establish a coda or civil procedure," paused . March 11, 1 H63, as amended by said act passed ' February 20, 181)0, be so amended as to rend on follows; Section 311) No party rIiiiU ho allowed to teutify by virtue of ilia provisions of section threo hundred and ten, where tho adverso party (s the executor or administrator of a deceased person, or the guardian of the child or children . of a deceased person, when the facta to bo proven transpired before the death of such deceased ; person, and are not testified to by auid child or children, except to testify to the validity of ' books of account of not more than eighteen months standing. Tho depositions of a party' ' shall not be used In his own behnlf, unless the legal notice required in tho cases where depositions aro to be taken, shall also specify that tho deposition to bo taken is that of the party: Provided, that if the deposition of a party be taken in any pending suit, and such party bWU die be fore the trial thereof, it shall be lawtul lor the opposite party to testify as to all matters contain ed in said, deposition, it tbe samo be otlerea in evidence. , . Section 2. This act shall be applicable to all civil actions and proceedings now pending and . undecided, which have been commenced since . the taking effect of an act entitled an act to es tablish a code of civil procedure, passed March . 11, 1.853. . Section 3. That nothing in section .313 shall i be Construed so as to prevent a party testifying when the adverse party is an administrator, ex ecutor, or guardian, when tho testimony of a porson is taken by deposition or otherwise, who was a partner of the . deceased at the time the , subject matter in controversy transpired, and was originally interested therein. Section 4. That tho act passed February 20, 1856, entitled "an act to amend nn net to estnb-' lish a code of civil procedure, passed March 11, loos, be, and tho same is hereby repealed. Section 5. This act to lake effect and bo in force from and alter its passage. N. II. VAN VORIIES, Speaker of the House of Representatives. LliaTKU TAiLult, President of the Senate, pro. (em, i ... April 11, 1850. INo. 149.1 AN ACT : Prescribing und limitiing tho rivtes of taxation. !!'. Section 1. Be it enacted bit the General As sembly of the State of Ohio, That there shall be levied on all property nnd credits subject to taxation in the Stale, (except such ns existing laws provided tor taxing in a manner and at a rale therein prescribed,) ns valued and entered on t lie grand levy tor taxation for the year eighteen hundred and fifty six, for the several purposes hereinafter named, the following rales of tax on each dollar of such asscssd value, to wiU For tho support of the State government, including the ordinary expenses of the public benevolent institutions, prosecuting the work on public buildings, and other expenses chargeable on the general revenue, and also to pay deficiencies of former appropriations, one mill; for the sinking fund, Beveulonthrj of one mill. Tho county coniuiis-, aioners of any county shall uol levy for any one year, for all county purposes other than fur Ihe payment of interest on the debts which such county may owe, and such part of the principal - as may fall due within the then current, or the " next succeeding year for bridge, road or poor purposes on each dollar of the assessed value of tiuch property mid credits, in such county, nol exceeding five millions of dollars, uot exceeding one and oi.e-half mills,' nnd on each dollar ol such assessed value over five millions of dollars, not exceeding one and one fourth mills; and for county buildings, in any coun'v, tint exteedin one-fourth of one mill on the dollar for any one year, lliore shall not be levied in any city or in ' corporated village, for all purposes other than i the payment of interest on any debt or debts . of such city or village, or the payment of nuy : Such debts or part thereof as may full due during the then current or tbe next succeeding year, more than five mills on the dollar of the proper ' ty of such city or village as listed and valuefl for taxation. Provided, that the aforesaid rostric-"lion snail not bo construed to prevent the levying " and collecting of local assessments to pay for such local improvements as aifoct particular parts ' only of any such city or village i Proviccd, that ' in cities, which, by the lost federal census con-. tained a population of not less than one hundred thousand inhabitants the levy for all purposes may be raised to a ratio not exceeding six and one half mills on the dollar of valuation. The township trustees shall in no case levy for ' township expenses more than one-half of one mill .on the dollar. - - -. ' Section 2. Tho operation of tho fifty-eighth , section of the act of May 4. 1853, to provide for the re-organization, supervision and maintenance - of common schools so far as it relates to the assessment and collecting of taxes for the purpose . of furnishing and increasing school libraries . And apparatus is hereby suspended for one year from and after the passage of this act. '. Skctios 3. All laws and parts of laws inconsistent with tho provisions of this net are hereby ( repealed.. This act shall take effect on its pas-,sage. N. H. VAN VORHES, I , :. .' Speaker of the House of Representatives, r -' ; i - LESTER TAYLOR, !-.-. :.::! - President of the Senate, pro. tern. April 11, 1856. fNo. 150. ' 1 AN ACT For tho appointment of three jolntinrestignting eom-inittco. defining thoir powuri anil proscribing Ihoir duties.' ' .... ,, Section 1. Be it enacted hy the Generat Assembly of the State of Ohio, That Robert W. ' Taylor of the Senate and Benjamin F. Smith and John A. bennett of t lie House of Represents- ' lives be and they are hereby appointed a joint commutes of the Ueueral Assembly on finance, whose duty it shall be during the recess of the General Assembly to investigate all the transactions of the public agents who now have or here- toiore nave naa tbe custody or disbursment 01 the 'public monies or any part thereof, and to report at the Biljonrn.d session the result of thoirinves-.-"ligations and the true conditions of the finances C-f the State.. .... . 'j Section 2. Thai Cornelius S. Hamilton of the Senate and Paul Weatherby aud John A. Bluir, of lbs House of Representatives, be and they are hereby appointed joint committee of the Ueu eral Assembly on the publio works,- whose duty it shall be during; the recess of Ihe General As sembly fully to investigate all the transactions rid expenditures of the board of public -works nd report thereon at the adjourned session. Section 3. That O. P. Brown of, the .Senate 'nd Silas Irion add Isaac Brayton of the Leuta tof Representatives' be and they are hereby ap-' . pointed, a joint committee of ihe General Assem-,lly on publia institutions and buildings, whose -duty it shall be-during the recess of the General Assembly fully to investigate all the transactions nd fcxTwnditnre about the new state house, tbt penitentiary, the three lunatio asTlums, e blind nd (hft dear and Arimb asylums, and to make report at thrfftdjonrned iesuen of the General As-ssabl. " " - " - i Section 4. That each of saij committees majority of whom Mmll bo a quorum for tho trniisacaction of business, shall bo authorized to examine such of tho public offices, books and papers In the same ns they niny severally deem necessary and proper, and also to compel tho attendance of persons and the production of books and papers. Section fl. That each of said committees aro nulliorizud to emnloy a clerk or accountant If they find it nooessary, to appoint one of their numner cnnirman who is authorized to adminis ter oaths, to issue process to compel tho attend' anco of witnesses which may be served bv anv sheriff, deputy sheriff, sergeunUnt-orms, of either Drancu ot the Uoncrul Assembly, or other person appointed by such committees. Section G. That oncb of said committees shall hnvo all the powers of a court of record to punish by fine and imprisonment any person for dis obedience to its process, refusal to testify, or other contempt ot its authority. Suction 7. The sum of fifteen hundred dol lurs is hereby appropriated to pay the current uA)fuuaua iiiuiuuiii. w mv eAccuuun ui una act, which, shall be drawn by the chairmen of said committees as required for the purnoso, upon the oruer ot me nnuitor; nnd should any ot said committeemen, for any reason, bo unable to per form their duties, Ihe governor shall then appoint some other members ot the general assembly to net in his place. This act shall take effect from and after its passage. N. H. VAN VORHES. Speaker of the House of Represcnlatices, LliSllliUTAJfi.UK, President of the Senate, pro. tern. April 3, 1800. - No. 111. AN ACT To punish tho ombouloment and unlawful uso of Publio Monoys. Section 1. Re it enacted hu the General As sembly of tite State of Ohio, That if any person who shall bo entrusted with the custody ot pub lie moneys, whether for the safe keeping or trans mission of the same, as oQicer, agent or servant of the state, or of any county, township, city, incorporated village or school district, shall convert to his own use, or to the use ot any corporation, company or copartnership, in which ho may have any interest; or shall make away with, or secrete such moneys, or any part thereot. or any securi ty or evidence of debts, of which ho shall have the custody, supervision or control, as sucb u Hi ccr, ngent or servnnt, he shall for every such act be deemed and adjudged ouilty of emhczzleinK so much of such moneys, security or evidence of debt, as shall be so converted, made avny with or secreted; and, he shall bo punished therefor in the same manner nnd to the samo extent, ns is, or shall be prescribed by law for the punish ment of feloniously steuling property of the same value. Shctiow 2. If any such officer, ngent or servnnt, shall loan any moneys, securities or other evidences of debt, in his custody, or within his control, as such officer, agent or servant, he shall, on conviction thereof, be fined in a sum equal to the sum of money, or to the value of the security or other evidence of debt so loaned, which fine shall enure to the benefit of the slate, county, township, city, village or district, owning the money or security so loaned. Suction 3. If any such officer ngent or ser vant, shall deposit or place, or &hull order or (knowingly) permit to be deposited or placed, or lo remain placed or deposited, any money security or other evidence of debt, belonging to the stale, or to any county, township, city, incorporated .villago or school district, in this state and which shall be in his possession or subject to his control, under any agreement or understanding or with any expectation on his pari, that either ho or any other person or persons shall receive .1 r....' .1 u.. way of interest, bonus or gratuity, such ollicer, ageut or servant shall, for every such offence, upon conviction thereof, forfeit and pay for tho uso nl the state, county, township, city, nicorpo rated village or school district, to whom the mo ney so deposited belonged, a sum equal to tho amount so deposited. Skctiox 4. All prosecutions under this net shall be by indictment,-in the Court of Common Pleas; and it shall be the duty of the judge of said court to give this act specially in charge to tho grand jury. -Section 5, Tho "act to punish the embezzle ment of publio moneys and for other purposes," passed jUitrch 2, 184(1, shall be nnd the same is hereby repealed. But all suits pending and rights accrued under said act are hereby saved. This act shall take effect from and after the first day of June next. N. U. VAN VORHES, Speaker of the House of Representatives, . THOMAS U. FORD, 11 President of the Senate. April 10, 1850. I No. 55. i AN ACT Further to amend "an act for tho assessment and taxation of all property in this State, and for levying taxes thereon, according to its true value in money," aud the several acts supplementary and amendatory thereof. Section 1. Re it enacted bij the General As sembly of the Stale of Ohio, That the word "person, wherever used in this act, shall also be held to apply to and mean "persons," and also "company" and "compunies," whether incor porated or not; the word "he," shall be held to mean as well "she" or "them," and the word "his" to mean also "hers" or "theirs," as the sense may indicate, except in cases where one of said words is used in contradiction from another. , ' , Section 2. Every corporation, company, individual, person or association of persons, whether authorized by law to' issue notes for circulation or not, that shall keep an office, counting house, or other place for the transaction of business in this State, and shall discount, buy, sell, exchange or otherwise dml in, or receive in deposit, money, bills of exchange, notes, bonds, stocks, certificates ot publio debt, or other cvideuce of debts, claims or demands, with a view of profit, shall be deemed a bauk within the meaning of this act, and for the purpose of carrying out its pro visions. Suction 3. The word "monet,'' and Ihe word moneys," whenever used in this act, or in the acts to which this is amendatory, shall, for all purposes of assessment and taxation, be held to have tbe same meaning, and shall be understood to mean and include, First Gold and Silver coin. Second-Gold and Silver in bars or other un-coiued masses, whether the value be stamped thereon or not. . , ' Third Banknotes designed or calculated to circulate as money, in all coses where such gold, silver, or bank notes shall be in actual possession or subject to be brought immediately into possession. -! . ' - Fourth Deposits in banks or with persons within this Slate, subject to be withdrawn by check, draft, or otherwise, in money, on demand. Fifth Deposits subject to be withdrawn, in money, nt any lime within sixty days, in hanks within this State, not subject to taxation under the provisions of this act, or with banks, bankers, or other persons not within this Stain. . . . . Section 4. Money shall, for every purpose of assessment ana taxation herealler, be held to be personal property aad the term "personal prop-triil. wherever ised m this act; or in Ike acts to which this is amendatory, shall be held to extend to, end include money, , -f .. Section ,5. The term J1 credit," wherever need in this act, or in Ihe acts' (o which this is amendatory, shall be held to mead the excess of the MOUNT VERNON, OHIO, TUESDAY MORNING, JUNE 10, 1856. sum of all lognl claims and demands, whether for money or other valuable things, or for labor or survico duo or to become dun to the person liable to pay taxes Iheroon, including deposits in banks or with persons in or out of this State, other than such ns aro bold to be money as du lined by the fil'ih division ot the third section when added together (estimating every such claim or demand nt Us truo vuluo in money,) over and ubovo the sum ot the legal, bona lido debts ow iug by such persons. Hut in making up the sum of such debts owing, thcro shall be taken into account no obligation to any mutual insiirnnco company, nor any unpaid subscription to the capital stock of any joint stock company, nor any ouuaeiiiiun iui ttuy rcngious, scieuiinc, literary or charitable purpose nor any ackuowl- cagomont ot indebtedness unless loundcd on some consilerntion nctually received and bcliov- ed at the time of making such acknowledgment to Do a lull consideration tbcrclor: nor any ac knowledgment of debt mndo for the purpose ofi aiininisning tue amount ot credits to be listed for tnxationi nor any creator amount or portion of any liability as surety, than the person re quired to make a statement ot such credits be- icves such surety is m equity bound, and will bo compelled to pay, or to contribute, in case thero bu co-securities. Section 0. No person shall bo renuired to list for taxation any certificate of tho capital stock of any company, tho capital stock and property of which is taxed in the name of said company. Personal property of every description and credits, shall bo assessed in tho nanio of the person who was the owner thoreof on tho day next preceding the second Monday of April, in tho year in which such assessment shall bo made. If any person shall, for the purpose of avoiding the listing or the payment of taxes, on any properly subject to taxation, sell, give uwny, or otherwise dispose of any such property, under or subject to any agreement expressed or implied, or any understanding with the purchaser, douce or recipient thereof, that the same is to be reconveyed, restored, or redelivered to the person so disposing of such property, he shall forfeit nnd pay for the use of tho county, double the amount ot tax, chargeable on such property lor the current your. Section 7. hvcry bank shall, annually, be tween the first and second Monday of May, make out, and, on the demand of the ussessor, deliver to him a correct statement, attested by the oalhs of the president nnd cashier, then by tho oaths of the principal manager and the principal nc- countnut of such bank, setting forth and specify ing tlic mean amount ol tho notes and bills dis counted or purchased, moneys loaned, and all other property, effects or dues of every descrip tion of, and belonging to such bank, daring the year, ending the lirst Monday ot ainy, in the then current year: which statement the nsscssnr shall deliver to the county auditor with his statements nnd lists ot personal property nnd credits. Section' 8. Such ineuii amount shall be-ns- ccrlained by adding together the sum of the sev eral items specified in the preceding section, the property ot such bank, nnd employed in or per taining to its banking business, ns they existed on the first Monday of ench Month, after the close of business on thoso days, during tho year endiug on tho first Monday of Mav, or during such part of tho year ns such bnuk shall have been doing banking business, it less than the whole year and dividing the gross amount of such monthly sums by the number ot mouths so added together. Section 9. Every bank shall Rt the timo of making out nnd delivering to the assessor tho statement required by the. seventh section of this eet, also make out and deliver to the assessor a statement verified, us required in the said section, setting lorth, First the amount of cnpilal, whether divided into shares or not, actually paid in or secured to be paid by note or otherwise, or in any manner procured or furnished to be employed in its banking business. Second The nmaunt of undivided profits arising from such business belonging to the bunk, whether in its possession or subject to its control, or loaned or otherwiso invested for its benefit.Third The amount of moneys loaned to or deposited with such bank for a term certain, or which, by agreement or understanding between the parties, ore not to be withdrawn on demand; which several amounts shall truly represent tbe condition of- the means property nnd nssets of the bank described in this section, ns they slinll have existed on the day next preceding the second Monday in April, and shnlt be added together, nnd the gross sum so produced, shall be deemed tho amount of property employed in banking for the, then, current year by such bank. Section 10. The assessor shall return to the county auditor, the statement described jti the foregoing section made by any bauk in his'town-ship or ward, with the statement required of such bank by tho seventh section of this act. Section 11.' The county auditor shall enter upon his list of taxable property-, and on the tax duplicate for the, then, current year, to bo delivered to the county treasurer the gross amount of the notes or bills discounted or purchased, moneys loaned, and nil other property, effects or dues of every description, (without deduction) of every bank in this county, agreeably to the statement made by such bank in accordance with the sev enth section of this act, and returned to him by tbe assessor, and shall charge on such gross amount so entered on tho tux duplicate such rates of taxes as will produco the same sum as would be produced by charging on the amount of property employed by such bank in banking ascertained as provided in the ninth section the same rates of tax as are charged, for the same year, on the property of individuals in Ihe township, incorporated villago or city in which such bank is situate or transacts its banking business.Section 12. Thai nothing in this act shall be so construed as to require to be listed for taxation, any investments mado in certificates of the public debts of this State, nor shall this act apply to any bank or corporation which, by any ot the provisions of the constitution of the United States, can only be taxed according to tho terms of its charter, and every such bank or other corporation sbnll be taxed in accordance with the provis ions ot Its charter. Section 13. The Ohio Insurance and Trust Company, by its President and Cashier, or Assistant Cashier, shall, on or before the first Mon day of May in each year, make out a statement attested by tho oath ol said olhcers, of its moneys loaned, and its dues of every description, in the several counties in which it shall have any such loans, and have any such does, as thev existed on the day next preceding the second Monday of April previous, and transmit the same immediately to the County Auditor of such counties respectively, who shall severally enter tbe same upon their tax list, and charge the same with the average rate of taxes levied for all purposes on personal property throughout Ibcirrespective- counties, and .the said company shall make oat nddeliver; to the assessor for the ward in which its principal office is located, tho statement required of oilier banks by the seventh and ninth sections of this act, io the manner such other banks are required to do in regard to all its taxable property and credits, not returned to the several epMitrcJ as hereintx-fore described, which propert'and credits shall be taxed in tbe Same manner as those other banks. . ' ' Section 14. Sections, ten, fifteen, nineteen, twenty and. 'twenty-tiro, of the act entitled, Vp act for the assessment and taxation of all prop-perty in this State, and for levying taxes thereon according to its true vnluo in money," passed apru i.i, iaii, are uereby repealed. Section 15. This net shall tako effect and be in force from and after tho first day of April, N. IT. VAN VORIIES, Speaker of the Home of Hiprest nlaticcs wai. liAwiu'.KUi';, President of the. Senate, pro. teni April l, mob. No. 123. To amend tl AN ACT tho fifth section of the act entitled "an act to provido for compensation to tho owners of private property appropriated lo tho uso ol corporations," passed April 30, 1853, , Suction 1. Bo it enacted bv the Gene. Lral Assembly of tho Slate of Ohio, That section live of the act entitled "an act lo provide for compensation to the owners of private property appropriated to the use of corporations," passed April 30, 1852, be so amended as to read as follows : Section 5. When the panel is so'filleil, the probate judge shall personally induire of each juror whether ho is interested in such cor poration, either asowner.stockholdei'.ap-ont or attorney, or in any other manner; and if any juror bball answer such question in the allirmalive, such juror shall bo excused from serving, and tho panel shall be filled, by the sheriff, with talesmen, as in other cases; and when tho panel shall bo lull, the probate judge shall administer tho following oath: You arid each of you, do sol emnly swear (or uflitm) that you will jusf- ly and impartially assess, according to your best judgment, tho amount of compensation which is due to here name the owner or owners by reason of the appropriation ot the property to the use of here name tho corporation in the proceedings now pending, irrespective of any benefit from any improvement proposed by such corporation, and you do further swear (or affirm) that you will, in assessing any damage that may accrue to There niiine the owner or owners by reason of thu appropriation, other than tho compensation fur ther ascertained, how much less valuable the remaining portion of said property will be in consequence of such appropriation; this you swear as you shall answer to Gud, (or afl'mn under the pains and penalties of perjury.) Section 2. Each application shall constitute but one proceeding, though several properties and party owners are mimed. The officers, jurors and witnesses shall only be entitled to a single fee, and there shall be but one cost bill taxed against such corporation. Section 3. That original section five of the act aforesaid be, and the same is hereby repealed. N. II. VAN VORHES. Speaker of the House of Representatives, THOMAS H.FORD, President of the Senate. April 6, 1856. No. 77. ; AN ACT. Authorizing the sale of property for charges in certain cases, Section 1. Be it enacted by the General Assembly of the State of Ohio, That all warehouse men, transportation companies, shall, on the receipt of property in their warehouse, depot .stations, or within thirty days thereafter, notify the owner or owners by letter or otherwise, (provided such property is plainly marked with tho owner's name and place of residence) that such property is held by them subject lo charges. ; , okction 2. 1 hat it such owner, or own ers, sbnll neglect to call, pay charges, nnd take their property away within six months from the time notice shall have been given as required in section one of this net, such warehouse men, transportation companies, or railroad companies, may sell the said property to the highest bidder at auction, by advertising the same thirty days in two of the papers published in the county of general circulation. Section 3. That all moneys so received from the sale of such property, after deducting all charges and other expenses, shall be held by such warehouse men, transportation company, or railroad company, one year from the day of sale of such property, for tbe benefit and use of the owner or owners; and if not culled for within that time, cuch warehouse men, transportation company, or railroad company, holding the same, shall pay or cause it to be paid into the county treasury of the county in which tbe property was sold, within thirty days thereafter, and shall at the same time file with tbe county auditor a schedule of the property sold, giving in detail a description of each item of property, the name of the owner, the date of its reception, the time and manner of notice to the owner if known, the nmount for which the same was sold, the name of tho purchaser, and the amount of charge on each. Section 4. If at any timo within six months after the payment of said money into the treasury nnd the filing of said schedule in the office of the county auditor, any claimant of any portion of said money shall prove his or her title to the same to the satisfaction of said auditor, by testimo ny to be reduced to writing and filed with said auditor, it shall be the duty of said auditor to issue an order upon the county treasury for the payment of the amount of said claim so pi oven, and all money remaining unclaimed, shall, at the expiration of said period of six months be by said county auditor transferred to the common school fund of the county. -. , Section 5. This act to take effect from and after its passage. , N. II. VAN VORIIES,-Speaker of the House of Representatives. ' THOMAS H. FORD, . President of tht Senate, April 8, 185G. No. 125. '!---' AN ACT Supplementary to tbe act providing for the pun-. ishmentot crimes, passed March 7, 1835. Section 1. Be it enncted by the General Assembly of the State of Ohio, That if any person or persons shall wilfully and maliciously, by administering poison, or causing (be same to be administered, kill any bbrse,' mare,' foal, filly, jack, mule, or ass, sheep, goat, cow, ox, steer, bull, heifer, or swine, the property of another, of the value of thirty-fire dollars or upwards, the peison or persons so offending, shall be deemed guilty of n misdemeanor, and upon convio-than two hundred nor less than twenty do' lion thereof, shall be imprisoned in the penitentiary and kept at hnrd labor, not more thnn seven years, nor less than one year. Section 2. Tlint if anv person or nersons slial wilfully and maliciously, by administering poison, or causing the same to be administered, kill any horse, mare, foal, filly, jack, mule, or ass, sheep, goat, cow. ox, steer, bull, heifer, or swine, the property of another, of less value than thirty-five dollars, such person or penons shall, upon conviction thereot, be lined in any sum not more than two hundred nor less than twenty dollars.and imprisoned in the cell of dungeon of the jail of tho county not exceeding three months, at tho discretion of tho court. Section 3. That if any person or por- sons shall wilfully and mnliciously administer or cause to be administered, poison of any sort whatever, to any horse, mare, foal, filly, jack, mule, or ass, sheep, gont, cow, ox, 6tecr, bull, heifer, or swine, the property of another, with intent to injure or destroy such horse, mare, foal, filly, jack, muie, or ass, sliecp, goat, cow, ox, steer, bull, heifer, or swine, the person or persons so offending shall be deemed cuiltv of a misdemeanor, and upon conviction thereof snail be lined in the sum of one hundred dollars, or imprisoned in the jail of the proper county, and fed on bread nnd water only, for a period not exceeding thirty days, at tho discretion of the court. fcECTioN 4. Nothing in this net shall be construed to extend to any person who shall kill, or attempt to kill, in manner herein provided, any of the before mentioned animals trespassing in his or her en closure. Suction 5. All offences under this net shall be prosecuted and conducted before the same court and in the same manner as is or may bo provided by law for the prosecution of offences of the same grade, in tbo different counties of this S'ate. N. II. VAN VORIIES, Speaker of the House of Representatives, THOMAS H. FORD,-President of the Senate. April 3, 1350. No. 154 AN ACT. l'rescribing the duties of-the Auditor and Treasurer of Slate relative to the receipt, safe keeping and disbursement of l'ublic moneys, and accounting therefor..' Section 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of state shall bs the principal accounting officer of the treasury department, lie shall keep in his office at Columbus, all accounts relaiing to the receipt and disbursement of the moneys of the State, nnd manage and conduct all negotiations and correspondence concerning the same, unless otherwise prescribed by law; provided that tho power herein conferred on tho auditor shall not be construed. to prevent the treasurer from carrying q,i correspondence relating exclusively tu, the business of his office. All payments of money into the state treasury bnall be made on his certiticate.irderor draft, and no money shall be paid out of the treasury unless on his warrant, order, or draft, so that he shall at all times know and have in his of- nee an account ot every payment into or out oi mo treasury. Section 2. All moneys belonging to the State whether paid to the treasurer or to any person or company by his order or procurement or deposited, placed, or kept suojeci io ins oruer or control, shall be deemed to have been paid into the treasury.bECTioN 3. Every payment into the treasury made elsewhere than at the treas ury olnce in Columbu3 shall be made on the written draft or order of the auditor drawn pnyable to the treasurer or bis or der with which draft or order the auditor shall charge the treasurer at the timo of tbe delivery thereof, and if such draft or order shall be protested for non-payment, the auditor shall on the return thereof at his office credit the treasurer therewith. Section 4. Each of such drafts or orders shall specify the claim demand or liability on account of which it is drawn, and when paid shall be a legal discharge of such claim, demand or liability, or of so much thereof as shall be so paid. Section 6. Every payment into the treasury at the treasury office in Columbus, on whatsoever account, shall be made on the certificate of the auditor, which shall contain a pertinent description of the character of the indebtedness on account of which the payment is to bo made, and shall state the sum so to be paid. Section 6. To enable the auditor to make out such certificate the person intending to make the payment shall, before making the same, inform the auditor thereof, and give him a pertinent description of the liability or indebtedness on account of which such payment is to be made, and shall exhibit to him all accounts, vouchers or documents necessary to enable the auditor to ascertain tbe true amount to be paid, unless the auditor shall alroady have in his office the means of determining the amount; and the auditor, after a careful examination of such accounts, vouchers and other documents, or of the accounts, records and files in his office, as the case may require, shall certify to the treasurer the amount to be paid into the treasury. Section 7. Every Buch certificate shall be delivered to the treasury by the person intending to make payment thereon, or by the auditor, at or before the time of making such payment, and shall be numbered, filed end carefully preserved in tho treasurer's office, and on receiving payment thereon, tbo treasurer shall give to the person making such payment, bis receipt for the money so paid, specifying therein tho liability on account of which such. payment shall have been made, according to the description eontaincd in such certificate, Section 0. Every person making any such payment shall immediately deliver lo the auditor the treasurer's receipt for tht money so paid, who shall carefully file and ; preserve tha same in, his1 officer and forthwith charge the treasurer therewith, io the proper account, nnd shall theroupon issue and deliver to the person making such payments, his receipt specifying therein tho sum or sums paid, the liability or indebtedness on account of which suoh payment shall have been made and such receipt of the auditor shall be held to be a letral dis charge of such liability or indebtedness, or so much thereof as shall havo been so paid; but the treasurer's receipt shall not be held to bo a legal discharge of suoh liability or indebtedness, or any part thereof, unless the same shall have been delivered to the auditor. Section 9. All bills, drafts or warrants drawn by tho auditor of Slate in conformity with the laws of this State, shall be received by tho treasurer of state in payment of publio dues, or redeemed in money, at the option of the holder, nnd on redeeming any bucIi bill, draft or warrant, or on re-ceiving the samo in payment, he shall cause the person presenting such bill, draft or warrant, to endorse the samo, and the treasurer shall write on the face thereof the word "redeemed," and shall enter in his book?, in teparato columns, tho number, date, amount, the name of the person to whom payable, tho appropriation on account ot which it is drawn, the date of payment, and the amount of interest if any, paid thereon. Section 10. Tho treasurer shall file and preserve in his office nil drafts and warrants by him paid nnd on the first Monday of March, June and September, and on the 2J Monday of November annually he shall in tho presence and with the assistance of the auditor and attorney general carefully compare the samo w ith the entries in his hooks as required by the ninth section, and if it shall bo found that such entries are correct and truly describe such bills, drafts and warrants they slinll certify the samo in said book3, and a copy of such entries on tho books of the treasurer and of the certificate of the auditor, treasurer and attorney general, shall -bo deposited in the office of the auditor, but if there should be found any material discrepancy between the entries made as aforesaid, and the bills, drafts and warrants vouching the same, such discrepancy shall be forthwith reported by tho nuditor to the General Assembly if in session and if not to tho governor by a special communication. Skction 11. No money shall be paid out of the treasury unless the same shall have been npproptiated by law to the purpose for which it shall be paid, nnd every such payment shall be charged both by the auditor and the treasury against such appropriations.Section 12. No money belonging or due to tho State sb-.il be deposited, placed or kept by the treasurer or by his direction, . order or aspenLelsewherethan in tho treas ury otlice nt tiommbus without taking 'in every instance, security therefor either by tho pledge of United States or Ohio State Stocks when it is practicable to obtain such security. or by the bonds of individual residents of the State of undoubted pecuniary responsibility all which securities shall bo given to tho State of Ohio, shall be deposited in the office of the auditor nnd shall be for the benefit of the State as callateral security 10 the treasurer's bond as well as for benefit, and in case of default on the parthi3 of any depositary, and tho treasury or his securities being compelled to make up any deficiencies arising therefrom he or they shall have tho benefit of said securities, provided that the taking of such securities shall in nowise release from any linbility in regard to tho money so deposiled which would otherwise attach to or rest on him or them and, provided also, that before any such deposit shall be made the name and place of the depositary, the terms and conditions of the proposed deposit, and a description of the kind and amount of the securities to be taken with the names of the securities shall be communicated in writing to the auditor nnd the attorney general and their approval endorsed thereon. Section 13. The auditor shall, alone, or in conjunction with such person as the governor shall npppoint for that purpose, between the first day of September and the first day of November in each year, and at such other time or times as he shall deem necessary, carefully examine the books, ac counts, vouchers, official correspondence, certificates of deposit, nnd documents in the office of the treasurer, relating to the receipt, disbursement, deposit or custody of the moneys of the State, or any part thereof, and shall carefully count all the moneys remaining in the treasury, and shall also ascertain the sums or balances actually due the State on account of mon eys deposited or kept elsewhere than in the treasury otiico at Columbus, and the responsibility of the depositaries thereof; he shall also ascertain the terms anJ conditions on which every such deposit of money shall have been made, whether actually agreed upon or understood, and especially whether any and il any, what consideration, by way of interest or otherwise, shall have been stipulated for, received, or shall be expected, by the treasurer, or by nry other person for or on account of any such deposit. Section 14. To enable the auditor to make tho examinations required by this act, the treasurer shall on the demand of the auditor submit to his full and unrestricted examination, all the books, accounts, vouchers, certificates of deposit, and all other evidences of moneys deposited tho credit or subject to the draft of treasurer, and all the official correspondence in their office or possession, or subject to their control and the treasurer shall, moreover, on oath to be adminii tered by tho auditor,, make full, true and explicit answers In writinir, to all questions put to him by the auditor or by his direction touching too receipt or tha payment and touching the deposit of moneys belonging to the State.- And the auditor may examine or cause lobe examined -on path, any or all book keepers and clerks in the treasurer's office and de-pofitarhVsof moneys belonging to the State, all their cloiks, book keepers and agents touching the payment of moneys into or out of the treasury, or 6f moneys remain-. Ing therein or touching the deport of moneys belonging to the State, elsewhere than in the state treasury at Columbus. NO: so. Skction 15. It shall be the duty of ths governor, whenuver requested by th auditor, to appoint some competent and suitable 'person to assist him In making any such ex aminntion, and to direct such elimination to be made by the auditor, with the assistance of sonic eompolent and suitable per son, to bo appointed by him lor that pur-pocc, whenever he shall doom sdeh .examination necessary to secure the safety of tbo moneys of the State, or the correct hnd sys tematic manner of accounting for ths same. Section 10. All tho material facts ascertained by tho examination prescribed by this act, slinll immediately on Ihe close thereof, of as boou thereafter as shall bo practicable, bo communicated to the governor, who shall lay the same before the general assembly, nt the commencement 6f its next ensuing session, : Section 17. If from any such examination or from any other satisfactory evidence, tho governor, shall ascertaio that tha State shall have suffered any damage, or shall be in immediate danger of any injury or damage from any illegal act done, or about to be done.by the treasurer, or from his neglecting or refusing to comply with ny requirement of law touching the recuit tj keeping or paying outof any money b.-lon t-ing to the State.or the keeping and 'render ing accounts thcreof.or shall have taken insufficient security for any money deposited elsewhere than in the treasury office at Columbus, it shall in every such case be the duty of tho governor to direct the attorney general forthwith to institute the proper proceedings in the court of common pleas of Franklin county to restrain the treasurer from all such illegal acts, or to compel him to act iu compliance with the provisions of law prescribing such acts as tha case may require, and in case the security taken from any depositary of money belonging to the State is found to be insufficient; it Bhall be the duty of the treasurer immediately to remove the deposits, unless further sufficient security be given, and such security shall be subject to the same conditions as provided in section thirteen of this act. , Section H. It shall be the duty of the auditor quarter anually on tbe 15th day of March, June, September and December (or if any such day should be Bunday.then on the day previous) to ascertain the amount of money in the treasury belonging to tho sinking fund and draw on tbe treasurer . therefor in favor of the acting commissioner of said fund specifying in every such draft the source or sources fcom which the money so drawn for was derived. Section 19. Whenever the term of office of any treasurer shall have expired, or he shall have resigned, died, or hare been removed from office he, (or in case of his death or incapacity, his legal representatives) shall immediately make a full settlement with the auditor of, and concerning all moneys paid, into and out of the treasury since the last previous settlement with -the auditor of, aed concerning ths same, which settlement shall be so made as clearly to 'exhibit on what account, and for what purpose each payment either into or out of the treasury shall have been made, and in case of payments out of the treasury on account of what appropriation every such payment was made, and the auditor shall certify to the incoming treasurer, the several sums to be paid over to him, by the outgoing treasurer an Bocount of each appropriation that shall not hare been fully paid, and also the sum to bo paid on general accounts; and the outgo ing treasurer, or his legal representatives, shall forthwith pay over to his successor the several sums so certified, and also deliver to him alt the books, accounts, vouchers, official papers and correspondence of whatsoever kind, and neither the outgoing treasurer nor his surities shall be discharged from his or their liability to the State until such settlement, payments and delivery of books, accounts, vouchers, and other papers hereinbefore enumerated, shall have been fully mado. Section 20. Wherever the word "treasurer" is used in this act it shall be understood to mean "treasurer of State;" whenever the word "treasury" is used it shall bs understood to raePT "State treasury;" and where the word "auditor" is used it shall be understood to mean "auditor of Slate." N. II. VAN VORHES, Speaker of the Howe of Representative!. THOMAS II. FORD, President of the Smalt.' April Oth, 1356. Cocntt Acditoh'u Omen,) Mt. Vernon, Juno 10th, 1 866.J I hereby certify that the foregoing Laws-are a correct copy of the Laws furnished this office by the Secretary of State. ; JOHN LAMB, Auditor Knox County, O. REXh ESTATE FOR SALE. ' 9 A ACHES of tin best land In Brown w J township, Knox county, Ohio, is now offered for pale on the most favorable terms. Said promise aro the old homestead of Thom-ns Wade, Esq.,!ato Sheriff of this county, and! are probably well kuown t a majority of its citixons. To those, howerer, who r unacquainted with the condition and advantages of this property;, we would say that about 120 acres, consisting; of about SU acres meadow and 70 of plow land, are wll improved and under good cultivation. - 1 . There are two orchards ot abdut 190 fruit trees on said farm one just beginning to bear several springs of good water, stock water int abundance, comfortable dwelling house, good stable and out buildings, and other necessary and oonvenixnt improvements. " TU... 1. 1 1 q '.I . P 1 i x uei r i, w gwu Qnwuiui. on Bmn i arm Capable of Rawing from JOIIO to 1500 feet of lumber per day during four months of the year; also, a good carding miU,bots in opeiation and ' good repair, and on a never failing stream of water. Rmidue of said premises Well timbered with oak, bltck walnut, chestnut and ntkr timber abundantly sufficient for ths purposes of said farm. .i..o'j ."..; Said property is well adapted to eitbsr stock or grain, convenient to mills and market, di- . tart about 15 miles from Mt. Vernon, abont $ milrsfrom tbe Sanduskr, ManaSeld Jewark Katlroaq at Independence, anil about the Mtoa dintaiicn front the line of the Ohib A P"ntivlvB nia and RpringfiuldMt. Ytroosr A Filtob'urgta Railroads. , -r . .;, l VnrpaftiertlKDr, terms, Ac., snipirs of TWe Wade, ea said farm, or to " V ' JOHH AIMX. Atty at Law. 1-17131 lit. Varaon, Ohjfc