Mt. Vernon Republican (Mount Vernon, Ohio : 1854), 1856-06-17

              I"HIII IMIWJ " mmrn aw-.a .,- . nm - :uaVmI'.-w.ii ..- V' ..-Mft-MiMMitM"i . err' ,r!!--'.r.V ,r"; ;, f Tf It . o Imw (, I1 if i ff if if ' !- vwnis- IV! I I I.IW ' ,tl- ; , J, , SI j,t-. ::-,.';. . V,' . !, ., y , : M M ,1 , ,." !vi ,'i . '. .) .: :n I I ' ! . spp :;;r,:;;r 11 ' ik! fD.1 3 V7 .1 ii rui . 1,. . bt In v lu .1 ' i,.Ji fciLLau 3 ! law of onro. tint':; )o : v" PUBLISHED BY AUTHORITY.'; f No! 115.1 AN ACT . : T. .'.gut.te d limit lh. wP of . B-ctiok X. Be the General Aum- L, .u'stata'of Vhio, Thallh f". cost., per &,iSSlvS U.e perquisite of what flTkliid which ty uy l lh clerk of any rttoJu".'hM enh.r ...uch, or.. 2KMWwWon.rwltei In y cm., SSwiCTword.r and ...dllor, In .very eounty UhlalUil. 3tute, U or m.v hereafter bo .ulhor lied to .taw. rolve and collect, fur any erv la . Mudd by him or th.m.-lwll "" b. recelv-d Lud eeHeeUd by the ,B,d.ir.o-r.re.pHvely, o lit for he tola u.a of Ilia county twm.ury of thrlr lic'u Z, public .nooay. belong..,, to nXoounltee .ud not olherwUa. and .hull b- ao-eountad .!d P.M ovarM auch, In lh. manner Thil U hereby mad. th. duty of ae i vear of their ofliclal term, certified and r; 'rnCtement of ... th. co.U, .'.P-. naualllea and other porqulaltea, of .very Kind, Sli la hb o.Kce, whither taxed In any cau.e, mauer. or uroceedlni or olherwi.e. and receivable for any 1100. rendered by him dur fyethMU.rter next preceding lh. Um. of rnak-.uch alatoment .howlni th. whole amount hSreof h'w much Ihereo? haa been recelev id by him. how much thereof rem..... uncol-ih. name, of the peraon. from whom any ndP.he amount, due from Jich .nd th. rauon. why th. .am. h. , Bo been collected Provided, however, that lh. aherltt, Sk "to Pay uncollected feea or coil, in any .nil. ?t.?pKi which at the time for making .Jny IIeh qn.rt.rly report. b? Pp'"""8 . noldelennmedby a fi.ml order or bul .11 auch uncollec'ed feea an I coat, aha I be reported , sun. manor or uruuf-MKi , . m.nid b, final order or judgme.. ; and pro-vlded further, that the treasurer .hall not be required to report t... fee., P" centHge. or penalllea MRAivubla bv hlra for collecting laxea that re i Thd upon the tax duplicate until h...e..lem-n, v . r ..... Aitn hnt m rflDort the iamp run in couiuy ouumi - r to th. county oommlaaioner. In groa. a. made, out by th. auditor In hW quarterly report next after mk Ul.ment.nd that th. county auditor, slmll ! aot b, required to report th. fee. receivable by h m to- .ervieoi renoereu .r T-, , .hie lo him out of the county treasury except at hii aunual Botilt-meni wiin uio cuun.j, - IJ I Utt IniV iionera as now pronu j . 1 . Section 5. Th. county commUslnnera shall re(i- ulate the number, aim nx me i.oin.ei..... ,-depulle., clerks, bookkeepers and other assistants .to bt employed ,'jy tne ireau,.,- corder ; which compensation .hall be paid to th-m ji.. ..11 ..... nr tlm umiitv commisslonerp upon miuiruiivQ w. -.. w . out or the oounty treasury upon the warrant of the county auditor ; aua 1110 iiumut. r- .,!... j .i., j .uoUIi.mIb of t he nrobute aauou 01 uin uepuiirwiiu - . iuilee ahull be reeulated and fixed by the court of common plea. 0. ,""''2, by III. county annuor un -..- court of common pleaa. and paid out of the county treasury, and tho uumlwr and compensation ol 'the depuii'a and oth-r assistanla of the clerk or lerka and aherlff shall be regulated nd fixed by 'the court of common pl of the county ; but ' wher. lh. clerk or sheriff la the officer of more ' than one court, thn number dd compensation of ' the denudes and assiataiits neceeaary for the transaction of the hunlness of each court, slmll be ree-ulatod and fix-d by such court and the conipemsa-ti.rn of anid deputl-a and assistants slmll b paid on the certificate of the court or conrti fixing the earn, of Hie amount, due, out of the county trea-ury on the' WHrrunl of the county auditor. 1 he ; county commissioner, shall also allow and erd-r to be be palil, as other claims against the county, . all other reasonable expense, ncea-ary to the proper disi liaige of the dulifs of uny of the above named officers J Pro-ided, however, thul the com-pi'nsatlon of all deputie. and assistants, and all other necessary expenses of any socli offices here-' by atithoriz-d to be. paid shall be first paid out of the fees, cosi., percentage, or uenallie. collected ' by such officer and accounted for und puld Into the ' cnunly treasury. ' ' iSKCfioi 4. That each of anH officer, shall keep : full and regular accounts, subject at all limes, to the examination of the county commissioners, of all sum. charged and collected by him, but the - treasurer and auditor .hall not be required to keep a separate account of any mailer, appearing from Ihe tux duplicate. - SkctiohS. That If, after deducting from the whole amount of the costs, fees, perwiitagcs, and penalllea collected by each of said officer, respecl- Ively during each yeur, the nmounts allowed and ' paid for the compensation of deputies, clerka, book-keepers, and other assistants, and other are- assary expenses of tho .aid officer, severally, there ' .hall remain so much, each of said officers .hall be ' '.' ullow.d to receive for his own us. out of the costs, ' fee., percentages and penalllea collected by him as " follow.: In counts, having, by the last preceding enumeration of white male iulmbitant. above th 1 age of twenty-one years, taken under the authority of lh.. Stale, no more than two thousand four hundred such inhuhllant., the probate judge el.hl hundred, treasurer eight hundred, clerk nine hundred, auditor nine hundred, .heriff ten hundred, "'.' and recorder seven hundred dollar, foreech year ; end In counties having more than two thousand ' '' four hundred such Inhabitant., each of the afore-" : aald officer, may receive the like sum., and in ad-"' dltlon thereto may receive for each year th. aum ;' of twenty-five dollars for each additional twohun--: ' dred .och Inhabitant., .bove twenty-lour hundred tu the county: and in counting such Inhabitants ! .bore tweuty four hundred, If there be any frao-V lion of two buirdied greater than oue handred, "" auch fraction sIih'.I be reekoned .. two hundred ; provided that no sheriff or treasurer .hall receive in "' any year, In.ny comity, more lhau 3 thousand five hundred dollars, and that n. oleik, auditor or pro-,1 bate judge .hall receive In uy ywir mor. lhau ' ; thre. thousaud dollars, and no recorder shall ro-V' eelve In any year, In any county, mor. than Iwo :kHan haiimp unit ih cuninaiiaation lo be al lowed, according to Ihe provision, of this act.' to """ the officer, named herein, after the taking any fu-.... ....m.n.iinn nt ttililti, mate liihabttauls und.r th. authority of this Stale, aha.l ba a. herein ea- " 1 tabllshed, in every county accoromg m mo omuuiu ' ; or population a nereiu ciaaamro, "wrai , I .'111 .111,1, III IIIIIV nv.. " i a...nu a ri'k.i .h nf aitift oHicera. after d- ducting th. proper iiroportlou 01 inaamouuu al lowed y tat. act 10 D. raiaineu uy imu mr i uwu nn, '.hall at the end of each quarter, pay into the treasury,- and account for 10 the counly commis-toners, for th. use ot th. county.all the remainder of the fee., eoats, per cenlsges, penalllea, per-qnltll.s, of every .ort, oolleclea by him during Ihe said quarter, but If lu any quarter there .hall Hot KmaH 'I.AII.A tui a aiaHinlairt ftmnunl nf fM. V""l toi vu ... ' o vi roi...cw, , " " ' pay him the proportion due him lor hi own use, a. nerein nmuea, lie ajiaii do eniniru 10 receive tne ... .Mti "i ah il.AflUriAu A..I nf ,k. nlli. IIIUUII. VI VUV.I H.I.I.IEIII.J " VW.IVM- t.on. made by hint In any .ucceedtug quarter or quarter, during hi. official term, after deducting . t M ,1.. m..,nf. .IUb (nf lh. .An. ... .1... inereiFuni m. v. .... ku.u j ... t.oti of his deputies, elerke and asaiaiants, aud other nrceesary expend., as hereinbefore provided. ' t Nnihlna1 In this ant shall ba ao son- trued a lo make the eeuuty eoetuilaeUiier. of ny county llabla le.ny 01 ln" "arnea nerar . .u.i. rlerkl. or other aselsta.ls. for th. p.jm.ntof an, ealary er eompeoeallo except ' - ' . - - . Aft A A. A I A, AAVA Iful SK ASK SB I UaU ' ' ' out or the r.e. co.i, r""i i"--- ""-' " ' ..n..f.il honeh officer, respectively.- " ! ; a . 0 T1.A Aiinnlv eommltsionert of every . OKvriun wi. - - - - . , - counly ar. hereby .utnonxea aim irqum:"! " ia their opinion. U .hall be necessary tc employ a n .- iinm fnr the uuroos. of Cwlleclln MIlWIIII.IVl'lw- T . j , lh. nnnald f.e. or eest. reported to them, .nd 10 How I. web eeiteeior or aatlon, payable eol ot lh. ..me, as they .h.ll dom ui. .j .1,. .ninmlMloner. ir also autho. rlxed lo cause exefutl... er ether proper legal pro- iQMid ettg inrt tW, bt ny mcer faJItiig o.m n r ... La. Iai.i.j u iiiji narrnnn ni dui ccuiib sihvii du. d.l.lgeuo. Ineolleoliiig any feo. orcost. receive able by Rim, ahull lw personally responsible forth, payinsnt Ih.reof lo ilia county, and Hie same shall b. charged to lilm by the county commissioners. " Bxction S. In ease any officer named lu Ibi. act, ah.ll fall to pay over into lh county treasury any money found lo bo du. from him. upou his settlement will) Ih. county commissioners, under this act, for the period or thirty days after th. same shall have been ascertained and found by them, and notice thereof beeu ylven to hhn or if any of Mid officer, .hall, with Intent lo violate this uot, fall lo furnish th. statement, and report, herein required, .1 th. lime, and In the manner herein .pacified or if any of auch offiaer. shall willfully make any auch report or statement false In any materialmat-te- knowing the Mm. lo be .0, heshall, upon conviction upon indictment or Information In the court or common plea, or th. proper county, b. adjudged guilty or mloonduul In office, and be immediately removed from office, and in addition, forfeit all compensation lo which he should be entitled, aud be condemned to pay a fin. for the us. or the county, or not lea. than Hire, hundred nor more 0 1. thousand dollar., for th. pay m 11 1 of which for feiture and fine a. well as any amount oinerv-ise due from him In h.s official capacity ; hi. sureties shall also be liable upon their bond, to be recov.-ed in a civil action in the nam. or tne siate 01 unio, for the u.e of the counly in which he waa au of ficer. . , , , Section 10. Th. official bond, required by law and hereafter taken from any officer named lu this act, shall be deemed and held to mare in. parties to the same liable for any violation on the part of Ihe officer for whom Ihey are sureties of any of the urovislons hereof and for the faithful perlorm- ance of all the duties hereby required. Section 11. This act shall take ellccl ana d. in force from and after th. first day of April eighteen hundred and fifly-aixs- Provided, however, that nothing in this not shall be so construed as to affect the salary or compensation of any offmer dur lug the term of office for which prior to the taking effect or thl. act he. hal. have been elected, and the fee. of each of the officers herein named remaining unpaid at the end or hi. official term, shall In nowise belong to, or be the property of any such officer but shall be collected by his successor In of lice, and slmll be held to be publio money, and property of th. county and shall constitute a part of th. fund, out or which the expenses and compensation or such .ucccssor lu office shall be lUld' N. H. VAN VORHES, Speaker of the Home of Repreitnlativet, , , , THOMAS H. KORD, Pteeident of the Senate. April 8,1856. fNo.f?41 : AN ACT For the roller or Ihe Stockholder, and Creditor, of th. Sandusky, Mansfield and Newark Kuilroad Comnanv. ' ' Whkrka. a civil action Is now pending In the court of common pleas of Erie county, Ohio, in be half of Henry Urinneil anu oiners, as piainuns, against the Sandusky, Mansfield and Newark railroad company and 1 then, a. defendants, for : the recovery of an alleged indebtedness of said railroad company to parties and persons for whom the plaintiffs are trustees, under und by virtue of a certain deed of trust ; in which action the plaintiffs, among other things, prny thai a sale of suid company's railroad, with it. fixlu os, rolling stock and property used inoner- , atinir said road together with the corporate fran chise, of said oonipuny, muy be made, to salisly any judgments 01 decree, thai may be rendered In said anion And, whkrka9 it i. represented to this General Assembly that, pending :he pre-ceedings In said artlon. at least three fourth, of the stockholder, and creditors of said company " have agreed upon a plan of adjustment of lh. slock and compromise of the liabilities thereof, by a reduction of its slock and debts to a basis of two million lour nuncrea innusana aoiiars, in which plan Is a proviso that unless the same can and shall be carried out and perfected by the general consent of th. parlies interested, it may be done by the aid of a court or law ; And, WHKitKAS, doubts ere entertained whether the corporate franchises or said company would, by operation of law, pas. lo and vest in Ihe purchasers of said property under any sale which -. might be ordered by Bald court ; Therefore, . Skctio 1. He it enacted by the General Aiaem-hhj of the Stole of Ohio, That if upou trial, or hearing of said action by the court aforesaid, or any court to which the same may be carried, by appeal or otherwise, a sale of said railroad, fixtures, rolling nock and other property of suid company, used in operuting said road or In connexion therewith, shall be ordered or decreed, It shall be the duty of said court, if satisfied that It is to th. mutt-ifest advantage and Interest of the stockholders and creditors, and necessary to facilitate and per-feet Mid compromise and adjustment, further to order and decree that the corporate franchise, of suid company shall, by virtue of the sale so to be made, pass to and vest lu the purchasers. .And iu such earn it shall be ihe duty of the court, by Its proper order to be made In that behalf, to prescribe such terms aa may be just and equitable as lo the lime and place ul' holding such sale, the 11. dice lo bo i.fveii thereof, and the minimum price at which It may be made I Which Bale shall be made by the receiver iu said action and reported by bim to the court ordering tho same, subject to be confirmed or set aside ictording to the equity or the case. SrerioN S. The uur.hass or sail' railroad, fix tures, rolling stock, property and franchise of suid company, may b. made oy any person cnosen by the parties to said action, or by the parties thereto iu interest, or any number or them, Id trust, for the benefit of all parties to said agreement of compromise aud adjustment, Ihe duties and obligation, or which trust shall be executed a. the court ordering such sale may direct: Provided. That all stockholder, and creditor, not par- lie, to said purchase, may avuil tliemselve. or th. benefit, or .aid agreement of compromise and ad-justinenl within uny time after the sale aforesaid ihnt miv be fixed bv the court. Section 3. At any lime after the confirmation of sucli sale, the purchaser., or the persons tor whose benefit as stockholdi re uuder Mid compromise and adjustment, the purchase may have been made by trustee or otherwise: shall hav.lh. rlshtaud pow er to create a joint dock to be apportioned among themselves as they may agree, or according 10 me terms of Mid compromise and adjustment, In share, of fifty dollar each, uot exceeding in the sggregate the amount of the stock or said company as now prescribed by law, and shall proceed to elect a board of nine directors, lo whom ahall p iss and be transferred all the corporate rights and iMnchise.o' the company, subject lo all the limitation, aud restriction by which th. same were before holden, and who .hall .aerclse th. corporate right, and 1 ranch ten In the corporate name of Ihe company, and shall hold all and singular the properly, right, and franchise, free and discharged or all claims therete, by or In behair or th. former creditor, and stockholder, or th. company, wve only such claim, in behair or creditors subject to which as Incumbrance on ald properly auch sale may be ereered by Ihe court to be made. 1 Section 4. It shall be lawful fer the court ordering auch sale to make auch order relative to th. distribution or lh. proceed, thereof a It may deem just and equitable; doe regard being had lo the legal right, of th. parlies, aud to the term, of Mid plan or adjustmentand compromise Incase th. purchase .hall be made la trust for the partle. thereto. '' :"' u" " ' '' Section S. On motion of any party in Interest, U be made in said action, the court may cause any and all other property and effects, right and credit, of aald company td be eold or otherwise converted Into money, which ahall be distributed and .pplled m I prescribed in th preceding Motion of lhlsxl...'. ; .,; . 1' .-. . Section 6. Nothing In this act contained .hall be so construed to. Impair or limit th power and jurisdiction of Ihe proper court sfbresald over the ubjeet matter of Mid eclioo .nd th partle. thereto, in ease, tha court la pot Mllsfied lhal It I to the manifest advaalajreand Interest of the stockholders ant credhore end- aeceeaary to fsllltl end per fect Mid compromise and aniaslmenl, thai the pow era herein conferred ahall be exercised j bat in inch ess nld court shall (nlso Ih. Mm. power snd jurhwlictlo which It might lawfully eierclw If Ihls.etnsannioefaptssea ... SrcriON,7. Th governcr of thl 8tete shall be no I hereby empowered to represent in .toes: I held er owned bv th tle In Mid company, lo any arrangement bo may deem beb.ficW to the at- MOUNT VERNON, OHIO, TUESDAY MORNING, JUNE 17, " 1856. ::. ' :.::;;:I;.::,,;;;..::v, i! ! - , ("rest of (he Willi vl.w to Ihere-orgaulia-lion of Mid company by the purchasers afor.Mld, and to give the assent ol the State thereto, ' Section 8. This .at .h.ll lake effeot and b. in force from and trier th. passage thereof Provided, That all suit pending by or against suid corpora-lion may b prosecuted or dele ided as if thl. set had uot passed t Aud provided further, That all right in uclion, not passing by Ilia .ale herein contemplated, may b prosecuted or Milled In the jorporate nam. - Section 9. This aot slioll net be o construed a lo postpone the right of any person or persons who shall have deposited any wheat or produo In lh warehouMS of Mid compaii) , and which lh company may have converted to it own use, lo the payment or any dividend lo the stockholders, but befo'r any auch dlvideni' to stockholder shall be paid.: Peraon hevlng luch elalm shall be paid th. .am. lu fullj Provided, that no person holding any such claim who shall haveentered Into th. agreement for th. settlement or adjustment of Ih. affair, or .aid company shall derive any benefit uuder thl section. N, H. VAN VORHES, . Speaker of the lloute of Rrpreientalioei, THOMAS H. rORU, President of the Senate. April 8, 18S6. No. 09. AN ACT To aniond taction two of an act entitled "an net to aniond tbe several acts now in force in relation to the sale of lands forfeited to the Stuto for Ui. non-payment or taxes," passed March 12, 1846. Suction 1. Be it enacted by the General A tcmblu or' lite State of. Ohio, That section num ber two ot an act entitled "aa act to araenu me several acts now in force in relation to the sale of land, forfeited to the titate for the uon-pay- meut of tuxes, pnssed March 1, 1B40, be so amended as to read as follows: Suction, 2. That if any tract or parcel of land shall not sell at such public sale for an amount siiilioiunt to pay tbe tuxes, interest and penalty which stand atruinst such tract, tbe Auditor shall return tbe same us unsold, to be retained upen the list of forfeited lauds, to be oll'ured for sale the next succeeding veur as other loileited land Provided, that if any such tract or parcel of land may have heretofore been or way hereafter be of fered tor sale two succeediii years, ns above pro vided, and shall still remain unsold, the county commissioners of the county in which suck truoi or parcel of land is situate, may at their regular iiniiniil soKKinn in Juno of each vear. if iu their opinions 6uch tract or parcel of laud is of less value than the amount of taxes, interest and pennlty due upon it, order tbe auditor of the county to offer such tract or parcel of laud lor sale at the next regular sale of forfeited lands, and to sell the same to the higbest aud best bidder therefor, irrespective of ihe amount of taxes, interest and penalty due upon it, and such sale shall convey the title to the suid tract or par eel of land divested of all liability for any arrearages of taxes, interest or penalty, which may remain after applying the amount for which it was sold thereon. Section 2. That See. 2 of an net to amend the several acts now iu force, in relation to the sale of lands forfeited to the State for the nonpayment of taxes, passed March 12, 1845, be, utid the same is hereby repealed. N. H. VAN VORHES, Speaker of the House of Representatives. , ; THOMAS H. FORI), President of the Senate. April 1, 1856. 7- ' No. 70.1 : . . ; . AN ACT " ' To amend the second section of an nroomlatory aot, . passed May 1, 1354, of an act entitled "an aot for the relief of the poor," passed March 14, 18i3. Section I. Be it enacted by the General As sembly of the State of Ohio, That section two of the above recited act, be amended so us to read us follows: That the trustees of each township within this Slate, shall affurd relief or support to any person or persons . withiu tbeir township and not having a legal settlement within the samo, when such relief or support is needed: Provided, That whenever the trustees of any township shall be culled upon to afford relief from the township treasury in any county having a couuty infirmary to any person or persons who have no legal set tlemont in this State, or whose place of residence is unknown, it shall be the duty of the trustees to make out an order to the directors of such county infirmary, to receive and provide for such person or persons, so long as the said trustees muy direct: Provided, That if in any such case it should be found inexpedient or impracticable for said trustees to remove any auch person or persons to said county infirmary, or il there be 110 county infirmary iu the county in which such township is situate, then and in either case said trustees shall keep an accurate account of a 1 m neys so expended, and certify such account with the vouchers for the same to the county commissioners of the county, who shall cause the amount so paid, to be paid to the township, out of the county treasury; and shall not be required to remove such person or persona to any county infirmary: Provided further, that such trustees muy remove any person or persons be-coming a charge upon any such township, and who have no legal settlement in this State, to tbe State where such person or persons have a legal mittlnmnnf . nnWq siinh ner.mil or Dersons shall give sufficient security to indemnify such town-shin. 1 . ; " . ..' .. Section 2. That section 2 of said amendatory act, is hereby repealed. . N. H. VAN VORHES, : Speaker of the House of Representatives. THOMAS II. FORI), President of the Senate. ' April 7th, 1856. No. 72. To provide AN ACT 0 for the Registration of Births, Marriagos . and Deaths. In Ohio. Section 2. Be it enacted by the General As semhlij of the State of Ohio, That it shall be Ihe duty of all clergymen, or other persons, who shall hereafter celebrate or perform the marriage ceremony within the State, to keep a registry of all marriages celebrated by them, showing the names ages, residence aud place of birth of the persons married, whether they were single or widowed, the time of the marriage, and the names of their parents. Section 2. It .ball be th. duty of all physi ciaus, surgeons and midwives, to keep a registry of all the births and deaths at which th ev have professionally attended, showing, In cases of birth, ih nama of th. father and maiden name of tbe mother, and their residence, the sex and color of the child, together with its name, ir It .ball receive one. and whether born alive or dead. .' Such registry shall .how, in case of death the time, place, end cause of death; the Dame, age, sex, color and condition (as to whether single or mar pied, or widowed), the name and surname of tbe n irenta. the occupation, the residence and place of biirth of the deceased. When two or more phvsciBn, surgeons, or midwives, may have attended professionally at any birlb or death, that physician, Surgeon or midwife, who is oldest, n r ..' . . - .vrii .1.- '. ! aitenaance snau mane me registry. Section 3. It shall be tha duty of the physi oian. clerevmen. surgeons and midwives above named, to deposit in ihe county clerk's office, of the various conn ties inwliich inch births, mariiages and deaths occur, on or before tbe fifteenth dV of Mnreb.'irj every year, a copy of said recjisiry, ftobracinD; the period of w. jear, endingon thefirat day of March Inst, preceding Ihe time of deposit; and tbe clerk ihnll deliver tbe tame to tbe assessor of the aeterar townsh'pe In each county, at the Mrhe thne that tbe Aadilor ol the County deliver iasiruoticma and black to inch anMjr,.;,s fltj.i -is i. 1 I f-t ".)" - T I VH 1 f .' Suction 4. It (hull be tbe duty of fie at-lessors, while making their lists of taxable property to ascertain and record, In a list separate from the list of taxable property, all the births, marriages and deaths, whicb shall have occurred wi liin their respective townships, in the twelve months, ending on the first of March last, preceding the time ol assessment with all tbe items of time, place, dec, hereinbefore directed, to be inserted in the registries, as provided in sections one and two of this act. They shall make strict inquiry of all heads of families, and shall use tbe registries of clergymen, physicians, surgeons, and midwives, hereinbefore named, in order to obtain correctly the information herein require. Tbey shall return said lists ot births, marriages and deaths, with the registries aforesaid, to the clerks of the oourts of common pleas, at the same time that tbey return their lists of taxable prop erty. The clerks shall copy said lists in such form as the Secretary of Siate may direct, and transmit such copy to the Secretary of State on or before the first day of June, in each year. The clerks shall receive tor tin ir services such compensation as the oounty commissioners shall think just. ' Miction 5. It shall be tbe duty or the Secretary of State, from all the lists of births marringc-s and deaths so transmitted to him, to prepare tabular statements, showing in a condensed form, the information heroin required to be preserved keeping the statistics of each county setwate, and to cause two thousand copies of the same to be printed in pamphlet form, on or before tbe first day of January in every ye ir, of which cop ies, ten shall be transmitted to the clerk of each county, for exebunge and distribution, at bis discretion, and the residue shall be dis-posed of as the General Assembly shall from time to time direct. The county clerk, in each and every county, shall preserve carefully, one copy in bis office. The Sec retary of State shall prepare and cause to be printed, suitable blanks and instructions for the use of assessors, clergymen, physicians, surgeons and midwivea, which he shall tran-mit to the several county auditors, to be by them delivered to the assessors. Section 6. To enable the assessors to obtain full and correct information, touch' ing Ihe facts herein required to be ascer lained, they shall have full power to swear and interrogate any person, in their respective townships, for this purpose; and it shall be the duty of all such persons, when tl ere to required by the assessor, with or without oalb, to give him, truly and fully, all the in formation which ho or she may possess, touching any of fid facts. Section 7. The several county clerk' shall forever earefttlly preserve,, the lists of bir'.hs, marriages deaths aforesaid, and the registries of clergymen, &c, herein required to be returned to them, lor the use ot the publii, and which shall always be open to public inspection. Section 8. The Shid lists of births, marriages, and deaths, returned to the cltrks of the county courts, by the assessors, ns also original tabular record herein received to be made by the clerk aforesaid, or a du'y certified copy of any birth, marriage or death, from either of them, given and certi fied by the said clerks, shall hereafter he admitted and received in all courts in this State, as prima facia evidence of any such birth, marriage or death, therein recorded or so certified. Suction 9. Any person failing, or refu sing to discbarge and perform any of the acts or duties herein imposed and required to be done, shall, for every such failure, be fined in a sura not less than five nor more than twenty dollars, to be recovered by action before any tribunal having jurisdiction thereof, or by indictment in the court of common pleas, for the use of schools, in the township in which the offense is committed. jn. h. vaw v unties, , Speaker of the House of Representatives, THOMAS H. FORD, President of the Senate. April 8, 1856. No. 94. AN ACT To amend the act entitled "an Act for opening and Regulating ttoads ana Highways, passed Jauuary 27, 1S53- Section 1. Be it enacted by the Gener al Assembly of tbe State of Ohio, That no order of the county commissioners for the establishment of a county road, or for the alteration or vacation, in whole or in part, of a state or county road, shall be execut- . ed until twenty days shall have elapsed after the entry of such order in the record of the commissioners. Skctiok 2. That an appeal from the final order of the county commissioners establishing a county road, or altering or vacating, in whole or in part, a state or county road, may be taken to the probate court of the same counly by sny person or persons, having an estate in fee, for life, or years, in any lands or tenements situate in any township in said county, in or through which township such new, altered or vacated road passes, or by the husband of any married woman, or guardian of any ward, having such an estate. Sectioh 3. That in order to perfect such au appeal, it shall be necessary lor the srpp llant, or appellants, to execute with sufficient sureties, or cause to be executed by sufficient sureties, to be approved by the county auditor, a bond or undertaking, payable to the state of Ohio, in a pennl sum of not less than one- hundred nor more than three hundred dollars, in the discretion of said auditor, conditioned for the payment by such appellant, or appellants, of all costs that may be adjudged against bim, or them, in the probate oourt, or in any other court W whieh the preceding may be removed by petition in error which bond shall be filed with said auditor on or before the twentieth day after the entry of the order appealed from in the record of the commissioners.'; ' But minors, idiots or lunatics, of their guardians respectively may appeal without givinir bond by causing an entry to that effect to be made, within the period aforesaid, by the county auditor in the record of the commissioners,'" . ( " StCTioa 4.' Within ten day after the filing of an appeal bond at aforesaid, or the making of an entry for an appeal as aforesaid, tbe oounty auditor shall transmit to the probuti court, tbe original papers in tbe premises and alio a ccrtibed transcript, from the record of the commissioners, of all proceedings and orders dad or made by or before them, therein; upon the receiptor wnicn tne probate Judge snail forthwith docket tbe proceedings, styling the petitioners, plaintiffs; and the appellant, or appellants, defendant or defendants; and shall set a day for tbe hearing thereof, ich shall not be lator than the twentieth day after such docketing of the appeal. btCTioN 5.. If, upon the hearing of said matter it shall appear that the proceedings previous to tbe appeal, were in substance regular and legal, and if no exception betaken by any claimant of damages to the assessment returned to and approved by tbe county commissioners, it shall bo the duty of the Probate Court to affirm the or der of the commissioners, and to enter a judgment against the appellant, or appell- ants, for all costs cieated by the appeal. Hut if said previous proceeding shall be found to be substantially erroneous, the court shall set them nsido, and order another view of three disinterested freehol ders of the county to be appointed by the court who Blmll perform tbe same duties that are requited by the act aforesaid of viewers appointed by county commissioners, except that they Bhall make their return to the probate court. Tbe order to said viewers shall specify a place where, and a day upon which or within two days, bunday excepted, there after they shall meet to commence the performance of their duties, and shall require them to make their report on or be fore a day therein specified, which shall not be later than the twentieth day after tbe entry ot the order in said court. Tho court shall also appoint a surveyor to attend said viewers and perform the du ties required by the act aforesaid of sur vejors, who shall have power to take to his assistance two chainmen and a marker all of whom sh ill be disinterested and he shall deliver a report and plat of his sur vey to one of said viewers in time to be re' turned with their report; and it shall be so returned. ; , Section 6. If the proceedings and re port of the viewers and surveyor, or of the reviewers hereinafter mentioned, shall be substantially legal,' and shall also substantially coincide with the order of the commissioners appealed from, the court shall confirm such proceedings and report, and shall render a judgment against the appellant, or appellants, for the costs created by the appeal. ' ' Or, if the report of said viewers shall be favorable to the petitioners, but shall ma' teriully vary from the order appealed from, the court shall, nevertheless, confirm the same, if the same be within the scope of the petition and substantially legal; and the court may, in such case, require all the costs created by the appeal to'be paid by the Appellants, or by the petitioners, or a portion of them by the one party and the residue by the other, as may be equitable, and shall render a judgment, or judgments, accordingly. . Section 7. II the report of the viewers, appointed by said court, shall be adverse to establishing, altering or vacating the road, the court shall, upon the motion of the petitioners, or any twelve of them, but not otherwise, order a review by five disinterested freeholders of the county, to be appointed by the court, to whom an oruer similar to that herein before prescribed in respect to viewers, shall be issued; and such reviewers shall examine the proposed new road, or alteration, or road, or part thereof proposed to be vacated, as defined or referred to in the order appealed from, and report in writing to the court their opinion for or against the same, with their reasons. If their report shall be such as is men tioned in the first clause of the preceding section, the court shall proceed as directed in said clause. But if it be adverso to such new road, alteration or vacation, no further proceed ings shall be had in the premises, except (0 render a judgment against the petition ers for all costs that shall have accrued from the commencement of the proceedings before the commissioners; which judgment shall be rendered by said court. (Section 8. Whenever any viewer, reviewer or surveyor, appointed by said court, shall be unable, or fail, to attend to the duty required of him, the court may substitute another in his stead. Section 9. "Every viewer, reviewer, sur veyor, or marker, appointed or selected under the provisions of this act, shall, before entering upon bis duties, take an oath, or affirmation, faithfully and impartially to discharge the duties ot his appointment; which oath or nthrmalion may be almtms tered by any person authorized by the act aforesaid to administer an oath, or am relation, or by nny other competent authority Section 10. That every claimant of damages on account of the establishment or alteration of a county or township road, or the alteration of a State road, may ap peal to the probate court, from the final decision of tbe county commissioners, or township trustees, confirming the assessment of damages made by the viewers in hi behalf, or the refusal of the viewers to award damages to him; which appeal shall be perfected and oocketed in the mode herein before prescribed in section four, except that the appellnnt shall be the plaintiff and tbe obligors in the bond mentioned in the second or thirty-first section of the act' aforesaid, as tbe case may be, shall be the defendants.' ' " ' ' ' Several claimants may unite in a joint appeal, although their claims be distinct, or they may severally appeal.' lUpon suoh an appeal, whether joint or several, tne prooaie court snail eon tine itself to the question, or questions, of damages presented by it; and shall forthwith, alter lbs docketing thereof, issue a venire for twelve or more disinterested men of the county, having tbe qualifications of jurors in ptner cases, to appear in said court on a day and at aa hour named In the venire which shall not be later than tbe twentieth day from ill date to serve a jurors upon th trial of taidelaim or claims; snd shall sii.u rsauv a oitnjrauus, vruovnc iu aai auco) - . - .,.-,-;- 1 I - t appellants, whether joint or several, and to the obligors aforesaid, to attend at, the same time and place; which summons or notico shall be served by delivering to each person named therein a copy thereof, or by leaving such copy at bii usual place of abode. If any of the partial are non residents of the county, but have an agent or nt turner therein, service on such RL'cnt or attorney in manner aforesnid shall bo tut- Ooient, or a summons or notice may oc ecm to another counly for service upon any parly residing, or being", therein. If an appellant ia a non-resident ns aforesaid, il shall be bis duty, when he perfects his an- peal to leave with the probate judgo the name of nn agent or attorney in the county, upon whom service may bo made as aforesaid, and if he fail to do so, no service upon bim shall be nosessary. Service upon a guardian shall be suffiuicnt servioe upon his ward. Section 1 1. If any of said jurors fail to attend, or shall for good cause be excused from sorving, or shall be set aside on account of a challenge, the pmnel shall be rilled with talismen as in other cases. Eich party shall be enti led to two peremptory challenges, and may make nny number of challenges for cause. In respect lo challenges, the appellant, or appellants, whose claims are on trial, shall be considered as one pnrty, and the obligors ns Ihe other. Thej'iry shall consist of twelve men; and shall be sworn in all the otuses, whether the appeals were joint or several, at tbe same time, unless for good cause shown the court sha'l otherwise direct. The jury shall then, under the care of an officer ol - - . 1 . the court and with such perton or peroons as the court may appoint to show them tin premises, and before any testimony shall be I'iven except the plat and field notes of th road, and the title papers' if produced, ol the claimants, which they shall lake with them, proceed to examine the road as es tablished or altered, and the property of the several claimants, taken therefor, or alleged to be injured thereby; and after making such examination shall return to the probate court at the time tne coin shall have appointed, whereupon the t ia of said claims, in the order the court eh nil direct, or any number or all of them at the same time if the parties so agree, Bhall be nncceded with in the same manner as in other jury trials in suid court. The jury shall render a sepernte verdict upon each claim, which shall be entered upon ihe record of the court, and a new trial shall not be granted except foi misconduct of the jury; nor shall an appeal, except by petition in error, ns hereinafter provided, be ta ken to any other court. , Section 1 2- When an assessment ol damages shall have been made, or refused, by viewers of county or township road, or alteration of a State, county, or township road, appointed by the probate court, any claimant may, before the confirmation of .. . . . 1 . li ¬ me viewers report, nie exception." to ineir decision upon bis claim, whether it was re jected altogether, or whether damages were awarded lo bim; whereupon sucn proceed ings shall be hud for a trial by jury, ot bis claim, and of any others thin presented, as are provided in the preceding section; and the provisions of said section shall, in all respects, apply to tin same. Section 13. It, by the hnal decision in the probate court, any claimant of damages shall not obtain a greater sum than was awarded to Lim by the order of the commissioners or township trustees from which he appealed, he shall pny all costs created by his appeal, so far as the court can ascertain the same, and judgment shall be rendered against him for the sime. In all cases not hereinbeiore specially provided for.the court shall giye such judgment, or judgments, in respect to' tbe costs, as may be f quilablo. Section 14. ' All judgments hereinbe fore provided for, shall be rendered in favor of the State, and may be enforced by execution issued by said probate court, of its own motion, or at the instance of any per son entitled to any part thereof; 'and the money, when collected, shall be piid to the persons respectively entitled thereto. Section 15. The probate judge shall make a record of all proceedings had in ihe probate court nnder the provisions of this act, including the reports and plat of vieners, reviewers and surveyors ; and forthwith after the termination of proceedings upon nn appeal, shall transmit to the oe. auditor, if the appeal was from the co. commissioners, or to the township clerk, if it was from township trustees, all original papers received from him, and also a transcript, from the record aforesnid, of the proceeding upon such appeal. H Section 16. If it shall appear by the transcript so transmitted to the county auditor that the court has approved the establishing, altering, or vacating a road as men tinned in the fifth or sixth section of this act, and that the damages, if assessed in or nnder the orders of sa'd court, do not, in the aggregate, exceed the amount asses sed, approved, and ordered to be paid out of the county treasury, before the appeal, the auditor shall forthwith record in the proper book, the final decision of said court in the premises, wiih all reports, plats.field notes, or other matters appealing in said township necessary to a right understand ing of the same, and note in said book the date of such recording. and thenceforth the said road shall be established, vacated, or altered, as the case may be; and be shall issnn'the necessary orders for tho payment of tbe damages. ... .. -. ,.r, , But if the damages so assessed exceed, in the aggregate, the amount ordered to be paid out of the county treasury as aforesaid, the auditor shall lay Said papers and transcript before the county eomnistinners at their next session, who may thereupon establish each road or alteration, and order the damagei to he paid out nf the doun y treasury, or refuse to establish the same unless the damages, or such portion as they shall require, be paid, within such time as ther shall nrlesiina'e" by ibe petitioners. . J.BKCtior IT. If the appeal from tbe county commissioners was under tne tenth Sectiop of this act, and the nsirisges asses srrliti that ernjrt In" favor of all the appel ranis, shall not, together wiih the' damages awnxueu to claimants jao Old not appeal. .-l-,- Til', i - rV V"q.vCT3 i exceed tho amount wbich .the coibmissioilV ers had before the" appeal Ordered to be paid out of the county treasury, Jna auditor shall issue the necessary order, for tha payment of all said damsges; and the road, or alteration, shall be considered as titab-I she d from the dn'te of the final Vic r in the probate court.. But if the assbssmenlsl in the probate 'court, i;h the damages swarded to claimants not appenlihg, shall ixcced the amount so orJercd to to paid out of the county treasury by (lit! eomgiii-sioners, the auditor shall lay the 'pikers and transcript, received fiom (be probate judge, before the ccramisMoner at, their next session, and they shall act upon tho lame as in the case mentioned in the preceding section; provided, however, that it shall be lawful for the commissioners,' if, in their opinion, a part only of a road wilt be of public, utility, to record and establish sucb useful part, and rtject tbe 'residue provided such uivi.iin can be mad a with out affecting the rights of any person n- ,. titled lo damages. . . w - u 'Section 19. Tne township' dork' re ceiving a trinsciipt from ihe probate judge as aforesaid, slmll lay it belore tha township trust.es, and they shall make an order in conformity with the decision of the pro-bale court. . , Section 10. All township roads heretofore or hereafter established, are hereby1 declared to be pub'.io highways; but nothing herein shall be construed to - require them to be established or altered at the publio expense, or to be kept in repair at the publio expense, further than is provided by the act to which thi is an amendment. :t Sfction 20. The final decision of the probate court made under the provisions of this act, or the act to which this is an amendment, may be reviewed,' upon a petition in error, by the court of common pleas of the proper county;, but shall not be reversed for any defect in form if found to be substantially correct. Upon a reversal, the court of crmmon pleas shall bi?e powc to' award a writ' of , procedendo, when deemed uesenary. . " ' Section 1. For their services required by this act, or the act to which this is an amendment, the efhet-rs therein mentioned or referred to, shall each be entitled to the same fees asfhey are entitled to by law for like services in other cases. The person or persons appointed to show premises to a jury as provided in the eleventh, section of this act, shall receive such compensation, to bt (axed in the cost' bill, as the court sb'tll t'irect. ' ' ' Section 22. That section two ol the not to which this is amendatory; be so amended, as to rcad as follows;. . Sec. 2. That all applications for laying oat, altering or vacating tiny county road, or for altering or vacating any State road within the counly. shall be by petition to the'eoun-ty commissioners, signed by at least twelve free holders of the cojniy, residing in the vicini'y whore siid road is to be laid1 out, viewed, reviewed, altered or vacated; and one or more of tbe signers to nny petition presented as aforesaid, shall enter into bond with sufficient security payable to IhevStato of Ohio for the use of the county, conditioned that the person or persons making such application shall pay into the treasury of .the county the amount of all ''costs and expenses accruing thereon in case tho prayer of said petioners shall not be granted, or when the proceedings had, in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a ''liability shall have accrued, the auditor of the county shall deliver such bond to tbe prosecuting attorney, whose duty it shall be to collect and pay over the same to the county treasurer, and in' all cases of contest tha court having jurisdiction of the case shall have full power to render judgment for costs according to justice between the parties.Section 23. That the third section of said act be and is hereby so amended as to read as follows : Sic. 3. That all petitions for laying out, vacating or altering any county road, or altering or vacating any State road withk the county shall specify ihe place of beginning the intermediate points, if any, and the place of termination of said road or part proposed to be altered or vacates. ,. - 1 . , . r Section 24. The second,, third. eii?h teenth, twentieth, twenty-first,twenty-seo-end, twenty-third, twenty-fourth, twenty ni.n, ana iweniy-six n sections or ihe act to which this is an amendment are hereby repealed. ' , ... ff. II. VAN' VORHEi Sneaker of tht 'ffous of Representative!. , THOMAS h: FORD, Prtsidtniof Ike Stnalt. April 8. 10SO, vi . ,'.,,., a No. 120. In addition U AN ACT to the several acts in relit inn Ia I Ka couri 01 ju-uc- na vneir power, and duties. fxcTioN 1 Be il enacted by the General Assembly of the State of Ohio, That the courts of common pleas shall have jurisdiction to enjoin the illegal assessment of taxes, and the collection of taxes illeghly assessed; and of actions to recover, back tha amount of such taxes as may have been or shall hereafter be collected, without regard to the amount thereof.., ul . n, Section 2 . Actions to enjoin Ibe ilWal . . '. . : 1 . . . assessment of taxes shall be brought against the eounty auditor, and also against any municipal corporation for whose1 use or benefit the assessment may be madej where sucb assessment may not go on to the conn tj duplicate, (he action shall ba against tha corporation making the same; actions to enj iia the. Collection of taxes' shall h brought against the officer havinc (ba col lection tbereor;; ami aotiona to recovtr back such taxes after tlieolltcuon of Ihe same against tm officer making the collections; or, in ease of hie death; against bis personal reptesefalaltvies) and. where- the taxes are jot eollectedcon lh county duplicate-, the corporation, making tha asj.raent shall also be made defendant; but no recovery shalT be had unless the' 'ac I ion ba broiighrwiihih one year after -the taxes shall have been collected. ' ' . '..'SxcTtdN ,3. ; When ao.etion Ihall ba broughllto enjoin the cajlection ol taxes; .S1 c w TTO'17TCrF2s