Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1859-05-24

              . - fi 1 MOUNT VERNON, OHIO: TUESDAY, BLVT 24. 1859 YOLTJIIE . XXHI. NUMBER 5. . w. . ? . - ' - 6 n ,1 ' ; t -i ii i 14 rnusao irmr rvaaoAT wuufi, CZs9 la TToodward'i Xlock, Third Story TE3MS--Tw DUtii Dtr una, ybll md tmm; 3 wlthia tlx month j t3,6 W tk . 3lMkiM of lb jwt. Clnb of nwty, M C3IG1S 07 THE WAB IS , EUROPE. . A good friend and latoeriber to tb Banner un to at th otkr dj to m&kt tpeeUl isqairj ia regard to the orijrio or cave of tbe present War io Europe. It waa a difficult question to aiUwer, but we promised to gire him all tbe in forataUoo we could relative to tbe matter, in oar next paper. We therefore present the following article from tbe New York Time, which will probably throw tome light on tbe subject: The Italian Peninsnla, with an area about equal to that of New York and New England combined, and a population of neatly twenty-five millions, occupies such a position in Europe that were it united under one authority, or leagued in one interest It must carry'with it' the command of the Mediteranean, and balance in the South the power of Germany in the North.- Were the Italian States subject to any one of the great Powers, that Power might undertake the accom plisbraeot of the dream "of nnirersal European dominion, at least as safely as France in the time of Napoleon Lt or Spain in the days of Charles V. . - When exhausted Europe fell back in 1815 from its victory over Napoleon upon tbe reconstruction of the "principalities and powers," it was felt to be imperatively necessary not only that Itally should be put beyond tbe reach of any of the parties to the Holy Alliance, but also that she should be prevented from aspiring to any unity of her own. No ruler could trust his brother ruler with what Richelieu called tbe "Key of the World," and all the rulers were resolved that the Italian people should not hold it. Italy was therefore, divided as follows: ' To the restored King of Naples was given his old realm, the Italian inheritance of the Spanish Bourbons. Upon an area nearly equal to that of New York this sovereign was to rule over ten millions of subjects, and. the whole Southern region of tbe Peninsula. To the Pope was confined an area equal to that of Maryland and Massachusetts with three millions of people, in the centre of Italy, and stretching from sea to sea. An Austrian Prince, of the young branch of the House on -llapsburgh, held Tuscany, with two millions of people; and a fertile region on the west, fully as forge as Massachusetts, looked in pu tu northeastern borders of the smaller States of Parmy and Modena also ruled by princes of Austria extraction and alliance, and with a combined population of about a million souls. Northern Italy was finally divided by the river Ttcino and tbe Lago Maggiore between the Bouses of Savoy and Hapsburg, the former as King of Sardinia, possessing a dominion to the West about as large ms Sooth Carolina, with a population twice as large as that of New York; the latter as King of Lombardo Venetia, holding a region half as large as Maine, with a population of about five Bullions. In tbew arrangements it pleased the Congress of Vienna to see a sure guarantee of the impotence of Italy to menace the peace of the world. 7 - Bat the Honse of Hapsburg had not forgotten its ancient motto, and was determined not only to retain Lombard, which had descended to it from the inheritance of Charles V.. and Venice, which had fallen into its hands in the chances of tJbe last Napoleonic war, but also the use Northern Italy as its lever for making all the Peninsula its own. It lost no time in beginning operations. ' It has never . ceased to prosecute them. The most formidable engines of Austrian influence have been the systematic attempts of the Italian sovereinns to crush their people back io to tbe recognition of Divine Right," and to kill tbe bydrts of "liberty and law" throughout their S totes. The irk was hardly dry on the Conventions of Paris, wbeo in July 12, 1815, Aaatrta signed a "secret treaty" with Naples, binding tbe King of Naples to "rale bis dominions in accordance with the views of the Austrian Government." Fife years later, in 1820, Naples forced lev King to grant her a Constitution. Austria then appealed to this secret treaty and by virtue -of it marched an army into "independent" Na ples, suppressed the Constitution, and established that Austrian tutelage which has endured, with the brief interval of a few months in 1848, up to this time. In 1821, Sardinia demanded a Com stitution. Into Sardinia, likewise, Austria marched wtihovt a secret treaty, and restored despotism there also. An outbreak at Bologna brought Austria into the Papal States, one or another point of which she has never since ceased to occupy. The grand Duke of Tuscany is strictly Austrian by family, and has therefore been- left comparatively nncoraplimented by te : armed presence of his kiasmaa. With Parma and Modena, in 1817, Austria concluded treaties allow-log her tb tak armed possession of these States whenever "military prndenee should require it. Wltkin the last fort years, therefore, Anstria, front ruling' five millions of Italians in one eor-jaet of th Peninsula, with the single exception tt Sardinia, in which State Libert has established itself, and has held its own with in com. fraf able Spirit and good sense. ' ? Oa fbroal grounds, then. Napoleon III. ha tsar! been right as .European sovereign ia protastir sjiinat the steady infractions of the Valance cf pwer ia Italy of which Anstiia has beaa guZly. Ia tleie protests he has simply echoed the leu determined langnage held from - time tetime bv Us crtdecessor Louis PhHlIppe, rtect Sardinia f-na aa invasion cf Acitrla is . -hcttral!e;ca t!:ese evert ronzis tne. '- u l-'i c" :?c:.It c'-ror-jsr. tsisor f;rlri pri-'s i a-.I;i! iu.t C la rejpacUlU tlt' tie) coarse of Anstria ia Italy, while it threatens al the powers concerned ia the freedom of the Me diterranean, bears directly upon the future wel fare of France. France has nothing to fear from Italy, if the Italian States defined by the treaties of Vienna, be really independent. Front Italy, as a fief of Austria, Trance has everything to fear; and the French monarch would be recreant to his trust who could' suffer the process . begun in 1815 with Naples to be consummated with Sardinia in 1859. Should Anstria, in the war which she now incites, be wholly driven beyond tbe Alps, it is idle to snppoeej that Itally would be transferred to the dominion of France. The same reasons which forbid Italy to be Austrian forbid her to be French, and Napoleon IIL is not the man to throw himself madly against the combined feeling of Europe. It would be rash indeed now to speculate upon the consequences of such a strife as impends in Europe; bnt we may feel more confident that tbe result of a thor ough humiliation of Austria in Italy must be the inauguration of such a career of independence and nationality for the rest of Italy as has been so gloriously begun by the gallant people of Sar dinia and Piedmont. Condition of Combatants ia Europe. The Albany Argus makes the following com pilation of the relative force and position of the original combatants in Europe. In 1856 tbe French army consisted of "' Staff....... J Military Schools. Invalids............ 6,490 1,993 3,799 Gens d'Anns..... ............. Infantry 35,057 247,641 Cavalery. ...... Artillery................ 65,007 - 34,202 - 7,696 .. 4.668 - 6.989 Engineers............... Ba(rg(fer 4e...... .................. Administration,.... ... ........... Military Justice ......... 5,055 Total 409,062 The navy consists of 252 sail vessels of 8,016 guns, and 209 steam vessels of 4,414 guns and 613 sailors and marines. Austria embraces all these diverse nationali ties which are clustered around and subordinate to the Grand Duchy of Austria proper, including an area of 257,453 square, miles. Its capital, Vienna, had a population of 579,457. The aggregate of the population is made up of .-'j: KATIOXAL1TIE. Germany.............................. 8,000,000 Sclaves....... .................. ......15,000,OOQ Roumans....... ........... 8,000,009 Magyars, ......... ........... ..... 4,000,000 Italians, &c,... ................ ....... 5,000,000 40,000,000 . 7,000,000 . 4.0OCV00O . 1,000,000 CREEDS. Oath!!, ... ... ... Greeks.......... Protestants,. Jews, &C-....... 40,000,000 The array is composed of from 700,000 to 800,000 men when on a war footing, of 4-00,000 on a peace footing. The navy consists of one ship-of-tbe-Iine, (a screw steamer of 800 horse power, and 91 guns,) three steam frigates, four sail frigates, and smaller vessels, in all 135, carrying 852 guns, and 8,707 men.: The State debt of Anstria was estimated in 1856 at $1,250,000,000. The Budget of 1857 shows receipts, ordinary and extraordinary, of about $150,000,000, and expenses $170,000,000, a deficit of twenty millions.-- The Island of Sardinia has an area of 9,235 square miles, and gives its name to the kingdom. The population in 1857 was: ; The Isle of Sardinia,...... ......... 577.282 Continental Sardinia, -4,590,260 -. . - 6,11742 The Budget of 1858 showed a revenue of a-bout 27J million dollars, and aa expenditure of 28 million dollars the debt being Jan. 1, 1853, 128 millions. The army, according to the war bedget of 1858, consisted ot 47,515 rack aad la, and the navy numbered 29 shipe, (6 steam frigate, 4 sail frigates,) , carryieg 43i cas THE 1TAP0IXQ JT gABTJXSTO. Pa xix, May 3L TVe foSowiag is the coesavaaieaxoa of tbe Government to the Legialatere of Aastrisc By orderiaf; ber army into the territory of Sardinia, our ally has declared war agaiaat as, she thus violates our treaties and menaces our frontiers. All the Great Powers have protested a-gainst this act of aggression. Piedmont having accepted the conditions, one asks what can be the reason of this sudden invasion? It is because Anstria has driven matters to such an extremity that ber dominion must extend to the Alps or Italy must be free to the shores of the Adriatic, for every corner of Italy whijh remains independent endangers the power of Austria. Hitherto moderation has been the rule of my conduct, but now energy becomes toy first duty. France must now to arms and resolutely tellEa-rope: I wish not for conquest, but I am determined fully to maintain my national and tradi tional policy. . I observe treaties on condition that they are not violated against ' me. I respect territories and the rights of neutral powers, but I boldly avow my sympathies with a people whose history is mingled with my own, and , who now . groan onder foreign oppression. f - ' France hat shown Iter hatred of anarchy; her will was to give me power lufTcieatly to reduce into subjection abettors of disorder and incorrigible members of tie old faction, who vers) in cessantly concluding compacts wnh cor enemies, but she has not for tbtt purpess' abandoned her civuumg character, , Her xaiar&l allies lava al ways bean tioaa who desire tie saelIorsiion of the nnman race, ail 'tUa La Izit tie twori it is not to govern t&t ta C-ee" J : r ? v vTte object tiea, cf Has War i to Wrtors Italy tar kerss'j; not to impose apoa her ay tian''cf castsrs; ai wa tl-l ties Ut t;ca"ear froa C 3 'CieJ!y pel wIoZI oweW'. cs lUir ia;enJj3S3. Y7e docct cater ItsJy ta f raest disorder, or to 4ktat tie , po vsr of oar Holy Father, whom we replace upon his throne, bat to remove from him this foreign pressure which burdens tbe whole Penisula; and to help to es tablish order there based npoa lawful, satisfied interests. In fine, then, we enter this , elasris ground, rendered illustrious by so many victories, to seek the footsteps of our tamers, uoa grant we mar be wortbr of them. I am about to place myself at the head of the army. I leave to France the impress ana my son. Seconded bv the experience and enligbt enment of the last Emperor's surviving brother, she will understand bow to ahow herself worthy the grandeur ef her mission. I confide them to the valor of the army which remains in France, to keep watch upon our fron tiers and guard our home. I confide them to the Datriotism of the national guard. I confide them in a word to the entire people who will en cirole them with that affection and devotedness of which I daily receive so many proofs. The Austrian Uanifesto. New Yoke. Mav 16. The following is the manifesto of the Emperor of Austria, issued on the 29th nit.: "I have ordered my army to enter Sardinia- Our struggle is a just one, and we begin it with courage ana conndence. we nope. However, that we shall not stand alone tn it, I speak as a sovereign member, of tbe Germanic Confederation when I call attention to the common dan ger, and recall to memory the glorious times in which Europe had to thank the general and fervent enthusiasm of Germany for its liberation. "For God and tbe fatherland." at;. pt7iii.isai:D by irrnoRiTY. o' No. 193. AN ACT Supplementary to the act to provide for the organisation of cities and incorporated villagea, pasrod May 3, 1852. Section 1 . Be it enacted by the General Assembly of the State of Ohio, That tbe mnniefpal authorities of all incorporated villages and cities of the second class, shall have power to require each able-bodied male peraoa between the ages of twenty-one years and fifty-five years, resident within such village or city, and within any eon tignous territory that shall be attached thereto for the purposes of this act as hereinafter provided, to perform, In each and every year, two days labor upon tbe streets and alleys of such corporation, and upon the public roads or highways or parts thereof that lie within the contiguous territory so to be attached as aforesaid, and which shall be ia lieu of the two days' labor reaaired under the present laws regulating roads and highways; aad npon remsai to perioral suen work, under proper supervisor, the delinquent shall be liable to the same penalties as are provided by law against persons refusing to perform the two days labor re quired In said law, and the same shall be recovered in the name of the proper supervisor, before the mayor of such village or city. The said municipal authorities shall also have the exclusive right to form road districts- within tbe corporate limits f such cities aad villages, and contiguous territory so to ba attached thereto mm aforesaid, and to appoint suitable supervisors for the term of one Jjw " "T-'M- r"11 J governed 1 n the performance of beic duties by tin uy-iws and ordinances of said corporation, and all road tax charged on the coaaty duplicate en property within the limits of snch corporation or territory so to be attached thereto as aforesaid, may be worked oat at such rata per day as ahall bo authorized by law for working other road tax, under the direction of the proper supervisor, within the district where the same is assessed, or applied to snch other district or public improvement as the municipal authorities may direct: Provided that no tax assessed upon property within the territory to be attached to any such corporation as aforesaid, shall be applied otherwise than within the territory in which the same is assessed, should any extra labor be performed in any one year, nnder the direction of such supervisor, he shall give his certificate of the amount to the person performing the same, which certificate shall be transferable, and received in discharge of road tax la any succeeding year, to the extent of the amount of such certificate, and all taxes charged for road purposes, as aforesaid, on the property within the limits of sueh coperation or the territory, so to be attached thereto, as aforesaid, and collected by the county treasurer, shall be paid over to the corporation treasurer, to be specially appropriated by tbe municipal authorities to street aad road purposes, or other public improvements, within the corporate limits thereof. Sac. 3. It shall be the duty of municipal au thorities, ef said corporations, and the trustees ef townships, respectively in which aay each corporation shall be situated, as eooa after tbe pas-sage ef this act as practicable, aad when from tbe sperceness ef pops lat ion, the public Interest shall reoelre it, to attach aay territory lyiaff centirooua to such corporations thereto, for the purposes ef tats act. Esc. 3. This set ta be in force aad take effect fresa aad after tts asasr s. " WILLIAM B. WOODS, Speaker of the Hoewe of Representatives. MARTIN WELKER, President of the Senate. April 5. 1859. . . Ne. 190.1 AN ACT. e amead seeUoa eae of an act for tbe eonnne- snent ef persoae under tbe authority of United States la the jails of this Slate, passed Decern. ber 20, 1806, and to repeal section two ef said act Seen ow. 1. Be if enacted by the General. As-mbly of the State of Ohio, That the first sec tion of an act entitled "an act for the confinement of prisoners under the authority of the United States in the jails of this sUte," passed December 20, A. D.1806, be and the same Is hereby amended so as to read as follows: mat the sheritt or the keeper of any jail ia any county of this state shall oe ana ne is neroby authorized and reaaired to re ceive all prisoners committed to his custody by the autnoruy oi me united elates, and to keen them safely, until discharged by due course of. tbe laws of tbe same; and if any sheriff or jailor shall neglect or refuse to perform the services and duties required of him by this act, or shall offeud in the premises he shall be lisble to the like peaaltiet , forfeitures ana actions as it sucn prisoner or pris oners bad been committed under the authority of tnts state, provided, mat every prisoner who shall be committed for aay offense by the authority of the united states, snail no supported at the expense ef the same during his or ber confinement in said isU. and ao rveates- compensation sbsil be charged by any sheriff or keeper of any jail for the sub sistence or said united elates nrisoner than ta au thorized by law ta be charged for the.subsistenee ef state prieonerst provided, also, that tbe eem- misaioners of any eoanty la which said prisoner may be eoa&ned, snail be eatlued to receive from said United States the rim of fifty eeats per month for the ase ef said jail for every person ee tent- nulled. - W1IJJAM B.W0OD3,; Speaker ax the Hease of Kepsaseatetlvee, , , 1 AJC.ll .WUta, ; President f the Senate. AprO d, 18531' - - - Ko. 1511 c AN ACT "To protect Literarr Societies. . Excno, 1 Be it enacted by the General Assembly ef the State ef Ohio, That If any person or persons shall hereafter wilfully disturb, molest er Interrupt any literary society, or any school or society formed for the Intellectual improvement of IU members, such person or persons so eildndiBg, shall be deemed guilty 'of a mlsiemeanor, and on conviction thereof, shall be fined in any sort not less taa uv nor uore uaa twenty ci.rs, wi costs ef prosecution, and shall stand committed uata such fine shall tave been psid;previded such commitment shall aet exceed five days; and provided farther that the judgment for coat shall net be abated until such costs shall have been fully paid. " - . r . ' , Ssw. 9 That It shall be .thealy of any judge ef probate, justice of the peace or mayor of any city, town or Incorporated viilaga In Ibis state, ap- a, iaiomatioa by affidavit, Jaaue his warrant, caaaing the dy of tbe accused forthwith to be brought before hha, and if upon laveatlatioa. shall be fonad rellty, to adiot're against said rail ty party or parties, the penalty provided in the first section of this act. : Sro 3. Alt prosecutions onder this act shall be ia the aaroe T the State ef Ohio; and ail each fiaee coiloeted shall be paid Into the township treasury, of the proper township, for the benefit ef common schools thereia Sec. 3. This act shall j take effect and be in force from and after it pMae. WILLIAM B. WOODS, Speaker of the House ef RepresearaQves. MARTIN WELKER, President of the Senate. April 2, 18S9. - . - , . . No. 78.J AN ACT To provide for districtioa mmy coenty ia the State where the cemmissioasre ef said eon aty have failod to district in accordaaee with the provisions of an act, passed April 13, 1852. entitled "An act for the Assessment and Taxation of all property in this State, aad for levying taxes thereon, according to Its true value ia Money," passed April 12, 1853. Sacriow 1. Bo it enacted by the General Assembly of the State of Ohio, That ia any county of this State wheae the coaaty comtnisaioners bare failed to district their coaaty, at their Jane session in 1858, in accordance with the provisions of section thirty-three of aa act for the assessment and taxation of all property in this sUte and for levying taxes thereoa, according to its tree vaiae in money, it shall be lawful for them and they are hereby directed to district said county at any subsequent meeting of said commissioners, prior to the first Monday in April, 1859. Sko. 2. 1 bis act shall take eflect and be in force from and after its passage: WILLIAM B. WOODS, Speaker of the Hoase of Reprenentativee. E. BASSET LANG DON, President pre tern, of the Senatev March 10, lb59. I No. 79. ' AN ACT To authorize County Commissioners to fill vacan- ' cms io certain cases Sro. 1. Be it enacted by the General Assembly of the State of Ohio, That la any county la this state where the office of county coroner becomes vacant. It shall be the daty of the eoonty auditor of said eoanty to notify the eoramissioners of such vacancies, and npon the receipt of said notice, the commissioners shall proceed Immediately to fill such vacancy by the appointment ef a suitable person who shall, after hsvinr rivea bond aad Ukea aa oath as aow provided by law serve until Mho next October election, or until his successor is elected and qualified. Sac. 3. This act shall take effect and be in force from and after its passage. ; . WILLIAM B. WOODS, Speaker of the Houne ef Representatives, E.BASSETT LANG DON. .- President pro tern of the Senate 1 March 14, 1859. i i .1 " -' , No. 83.1 AN ACT Amendatory ef the tweifth seeUoaof the aet to provide JorJayXng ootsad 'tybiZS -fit SSS1 0iraetedby iheGeneral Assem bly of the State of Ohio, That the twelfth sec. of the act, entitled fan act ta provide for laying out and establishing free turnpike roads," passed March 12. 1845, be and the same is hereby so emended as to read as follows: Seelio12. Ths commissionera of all free, turnpikes shall be air owed and paid for their services one dollar aad CAv cents per day, each, while actually employed in the necessary basiaess of such reads; and when aay vacancy shall happen la such board, by death, resignation or otherwise, too commissioners of the county tn which such vacancy may occur, on being notified thereof, shall fill the same as often as any such vacancy shall occur. . Sxc. 3. i'ne twelfth section or said act ts Here by repealed. This act shaR take eflect and be in force from and alter its passage. WILLIAM XL WOODS, Speaker of tbe Haea of Representatives. MARTIN WELKER. March 18, 1S59. President of the Senate. fNo.841 AN ACT To provide for fhe work lag ef aasishad Tara-ptke Roads by Supervisors tSe U'gb ways.-xmoas. 1. E ft ewaets ay the Geaeraf As-seenhly of the State ef Okie. Thai tt shall he lawful far tbe seperiawre of Iho eeveral road districts with! a this state, to apply aaea pertisa ef laser, or aneae-y, aa they easy dssea viae s ask Is aad jest npea aay anshed tarapike reaa wtihi their respective read districts, wba the earns teased bytbepabiia free of tafl; TrBTidad that the di-rsetereef aay aafiaisbWTarapike road shall first give tbir coaweat to the trustees of the tow ash ip-la which each mafiaished tarkpike read or oads are located. ' A- - SxcS. That npea aay tarnpike road company giving their consent to the trustees"of theto-va-ship; ia writing, it shall be the duty of the trustees to issue their order to the several supervisors through whose districts Such aafinished turnpike road is located, for them to apply the work and money as provided in the first seel ion of this act. Sac. 3- This act shall take effect from I's passage. - WILLIAM B. WOOD3, Speaker of the House of Representatives. MARTIN WELKER. President of the Senate. : March 18. 1859. No 160. AN ACT. In relation to. Public Records Sacnow 1. Be It enacted by the"' General Assembly of the State of Ohio, that U. shall be the duty of the county commissioners of: any county to cause any pnblio records of said ceo nty to be indexed erlranscribed, whenever the public interest shsli require the same to be done, or when the same may be necessary to faciliate the business appertaining to the office to which such records belong; and to pay la compensation to the persons employed for the same, any price not; exceeding five cents a case .for indexing, and tea cents for every hundred words for transcribing. And all contracts heretofore made by the county commissioners of any eoanty for men indexing or transcribing, are hereby confirmed and declared valid; such compensation lo be paid wnt ef the eoanty treasury, upon the order ef the. coaaty commissioners and the erdef of the eoanty andi-tor. ' : ' ' ( - Sao. 3. Tbie act shall take affect' aad .be ia force from aad after Its passage. ' - WILLIAM B. WOOD3, - - Speaker Of the House o f RepresesUtiTse. - i ' i MARTIN .WELKER, " President ef the Senate April S. 1853. No.58 - -' - AN ACT " - T amend aa act entitled Maa ct to amend the ..several acts , lacorperatiD? Uutaal Plro Iasa -: raaeo Companies la. the L lata of Ohio, passed . tlarch 7.1e41. , ... ; - . ,.. . 'Zzcizos 1 Ea it enactel by the General as teatly cf the Etata cf Ohio: That section t wo of the above recited aet be so amended as to read thus! See. 8. It shall be the duty ef- the court of common pleas, la facH con nty of this state in trh'ch the eCcs of any rcnt il fire ins irainca coraBy may be situate J, on t.a epplicition cf aoy Ujrse or. more persons iatrirtFted.ta appoint ena or more suitable pefaocj reiJent la snch county, to mate , athorouh and cajrefal eiimluatlon into the alrs and condition of snrh company. ;Eu'i peraoa or i persons sO 'epo'I-? th'A have power, tovenlre the prod act.on cf r ,i 1 ti p?pcrs belr ,"r to such, ccrany cr "j- ; .irf tJ t":eir business, andta examine under c . r.ll tae c-ers, serrant , oi snts ef esci cor-; , cr aay elitr rEraon, teaching its affairs and condition ; which oath may he administered by any person appointed to make such examination. , 'And 'the person or persons maatnguie exam inatioa shall report thereon, tally eettins forth the condition ef the company, ta the eourt appointing them, at its' next regular term, aad shall transmit a eopy ef Such report to the speaker of the house of representatives forthwith, if the Legislataro be ta sees i so, or if not, then at the session next thereafter easuinz; and each ex am 1 Bars shall each receive two dollars per day for tno time actually employed i a making the examination and report, to be paid out of the treasury of the company so examined; Provided that sueh examination shall not be bad oftoaer than once la any six months. ' Sac 2. That ia ease aay officer, servant, agent or other person shll fail or refuse to appear before such person or persons so appointed as aforesaid. Or shall refuse to testify or to produce before sucu examiner or examiners any books or papers la his. ber or their possession, and reooired to be produced, sueh failure or refusal shall be deemed a contempt, and shall forthwith be reported to the eourt appeiet:ngsneh examlaer or examiners, and said court shall punish the person or persons iu contempt iu the same meaner and lo the same ex tent as though such contempt had been committed against said court. Sec. 3. Original section two of the act to which this is amendatory, is hereby repealed. This ac shall take effect upon its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. E. BASSKTT LANGDON. ' President pro tern, of the Senate. March 10, 1S5D. No. 231 AN ACT " To amend the act entitled an act to fix the Sala ries of Jadges iu certain cases." - Sac 1. lie it enacted by the General Aseera biy of the State of Ohio. That in all of thecoun ties lathis State, having a popNlatiou of two hun dred thousand inbabiUate or upwards, iudges of ue veartef Ummoa fleas herealter eiecsed therein, shall receive, ia addition to the salary now paid to them oat of the State Treasury,, the sum of one thousand dollars per. aaaum. to be paid to them out cf ue county i reasery, in the Same manner and at such times as is provided by law for the payment of the salaries of the Jodres out oF the Sute .Treasury; Provided that-if the salaries of Judges ef tbe Court of Common Pleas should be increased by the State, then the payment out of tae county Treasury shall be dunlniehed in pro portion, so that such Judges shall not Is any way receive more than twenty-five hundred dollars per annual salary. bnc. 3. ITiat the first section ef the above recit ed act, passed April 12, 1858, be and the same is hereby r?pealed. WILLIAM B. WOODS, Speakor of the Bouse of Representatives. . MARTIN WELKER, President of the Senate. February 18, 1859. No. 5.1 AN ACT To provide for taxing in cost bll's the expense of precartng I ranscripts and Uncords. Skc I Be it enacted by the General Assem bly of tbe State of Ohio, That when any pro ceeding ia error, or other civil action or proceed ing, it shall be necessary to procure a transcript of any jddgmentor proceeding or exemplification of any record as evidence ia such action or for aay ether purpose the expense ef procuring snch transcript or exemplification shall "be taxed ia tbe bill of costs and recorded as in other cases. from and after its passage. - ' ' WILLIAM ii. WOODS, Speaker of the House of Representatives. E. BASSETT LANGDON, President pro tern- of the Senate. ' March 10, 1839. No. 183 1 AN ACT . To amead aa act entitled aa act to provide for the partition of real estate. Skction. 1- Be it enacted bv the General As sembly of the State of Ohio, That section one of the act entitled aa act to explain the act to provide for the partition of real estate, passed January 23, 1836, be s.o amended as to read as follows: 3eo. 1. That it ia hereby declared to he the meant oz and Intent of the act providing for the partition of rest estete, passed February 17, 1831, that ia all cases where a sale of lands or tenements may have been made by virtao of, aad proceeding lor, tbe parti tion of real estate aader the present or any former laws en that subvect. aad a Conveyance of the lands e sold er elected to be taken, shall not have been, snade by the officer making snch sale, the court, before which such proceeding may have been had, may, ea motion, order the sheriff of the county, or any officer who may be thea executing the du ties of sheriff, to execute aad deliver to the purchaser, or any persoa or persons electing to take the moss, a deed for the Is sds so sold or eUcUd to be taksa tbe court beinf first satisfied that such sale er election was regularly made, and that the parcha money haavbeen fully paid or secured.-, Sxc. 2. That section one of the act to which this aa amendatory be and the sapie is hereby repealed, this act to take effect and be In force from aad after its passage; provided, that such repeal shall ia no wise affect any rights or liabilities under such section so repealed. ' WILLIAM B. WOODS, Speaker of the House of Representatives. . MARTIN WELKER, : President of the Seuate. April 4, 1859. No. 184 1 AN ACT - To prevent the recovery of dameffes oh proteste Bills of exchange, and to repeal section one of . tu act entitled "an act ascertaining damages on protested Bills of Exchange," passed February 15, 1831. . .. . Section 1. Be it enacted by the General Assembly of the State of Ohio, That damages on protested bills of exchange, drawn by any person or body corporate withia this state, shall not be recoverable oa aay contract entered into after the passage of this act- i - Sec. 2. That nothing In the second section of the act aforesaid shall be so construed a to permit the recovery of damages on protested bills of exchange drawn within this slate after the passage of this act. . Sec. 3. That the first section ef the aet entitled "sa aet ascertaining- damages oa protested bills of exchange," passed I ebruary 15, 1831, be and the same is hereby repealed. Sec. 4. Ibis Act shall take effect and be in force from and after its passage. WILLIAM B. WOODS, . Speaker of the House of Representatives, - : -.. . MARTIN WELKER, : President of the Senate. , April 4, 1853. .:..v- , - fNo. 185.1 - AN. ACT To provide for the payment f the expense of re- appraistngTeai estate ur me year ipoj.. . SKtrnoN 1. Be It enacted bv the General As sembly of the State of Ohio, That the commis sioners of anv eonntv in this stats mav. and they are hereby authorised, to assess a tax not enacting ene-aJth of one mill ea the dollar of real and per sonai property, moneys and credits oa duplicate ef the county for the year iciJ, tnr proceeds et wbtcn tax shall be applied to the payment of ths expense ef the re appraisal ef the real estate of the county for the year aforesaid. ' ' Sxc , This act shall lake eSWt en Its passage si'; - f -v ' WILLIAM B: WOODS, ? : ; Epeiier of the.Houae cf Representatives." ' - - ' -s -v :il ART t ;VLLK.Li:,Vv;:-,. President of the Senate.; April 4, 1859. No." 188 1 AN ACT To amend SeciTon one of aa act passed ?,Tarc!i 31, J85S, supjloentary to an aet entitled "aa act - deSninj the jarisdicUoa and rrrul-Uflj the prac tice ef probate courts in the counties of Lris, 'Locas, Richland, Eolmes, J-TeRT-omery, po.'a-. ware, rrxBklln, Scioto aad Jt Larson," fiseJ April IS. 1653, and to extend theoperation of said act to the counties of Meies, Mercer, Auglaize, Lawrence, Harrison, Henry, Licking, Belmont, Stark and William. Skctiom 1. Be it enacted by the General Assembly or the Sute of Ohio, That section eae of the above recited act be so amended as to read as follows; See. 1. That tbe provisions ef an act entitled "an act defining the jurisdiction and regulating tbe practice of probate eoarta of the counties of Erie, Lucas, Richland, Holmes, Montgomery, Delaware, Franklin, Scioto and Jefferson," passed April 12, 1858, be aad the same is hereby extended to the counties ef Meigs, Mercer, Aeglaize, Lawrence, Harrisoa. Henry, . Belmont, Stark, Ottawa, and Williama. . - . . Sxc 2. That said section one of the set passed as aforesaid oe the 31st day of March, 1859, be and tbe earns is hereby repealed. Sxa 4. This act shall take effect from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER. President of the Senate. April 4, 1859. No. 187.1 AN ACT. To prorlde for the sale or lease of estates tail in . certain cases. Skctior 1 i Be it -enacted by the General Assem bly of the Sute ef Ohio, That it shall be compe tent for tbe courts of common pleas of this state oa application of the first donee la tail, or for life, to authorise the sale of entailed estates, and estates for life with remainder ever to any other person or persons, when satisfied that the sale would be for the benefit of the applicant, and do no substan tial Injury to the beirs in toil, or others in succes sion, reversion, or remainder. Sec 2. The petition shall contain a description of the estate to be sold, a clear statement of the interest of the petitioner therein, and a copy of the will, deed or other instrument of writing by which tbe estate ia created. All persons in being who may be interested ia : the estate, or who may by the terms of the will, deed or other instrument creating the entailment, thereafter become inter ested the rain as heir, reversioner or otherwise, shall be made parties to the petition; and if the names of any persons who ought to be made parlies are unkuoa a to the petitioner, or if the residence ot auv such tart v is unknown to the peti tioner, the fact shall be verified by the affidavit of the petitioner, and the sale may be ordered net-withstanding such names and residences may be unknown. The same notice shall be given to defendants, of the application for the sale, ss now is or may hereafter be required in eases of petitions ef administrators for authority to sell real estate for the payment of debts. Sec.-3. If, upon the hearing of the petition, It shall be made to appear to the cou rt by satisfactory proof, that a sale of the estate would be for tbe benefit of the first donee in tail, or for life, and do no substantial injury to tbe heirs ia tail, or others in succession, reversion, or remainder, the court shall direct a sale of the estate to be made, and the manner thereof; aad shall appoint some suitable person or persons to make t'-.e same ; and such sale shall vest the estate sold in the purchaser, freed from the entailment or limitation over. Sec. 4. All parties in interest may appear voluntarily and consent la writing to such sale, aad testamentary guardians, and "guardians appointed by the court of probate, may aeeent in the place of their wards to the sale. Sec 5. All snch sales shall be reported to the eourt authorizing the same, and if, on examination theteof, it shall appear that such sale has been fr?v cU'"ctc n rde, and that th rrf, JyV" the court shall confirm the sale, and aathorize aad to be made to the purchaser er purchasers oa pay ment or tne purchase money, or securing the payment thereof, in such manner as shall be approved by the court. Skc. 6. AH moneys arising from sales nnder this aet shall, for purposes of deseeat, succession, reversion, or remainder, have the same character, and be governed by the same principles, as the es tate sold, and shall pass, according to Ins terms ot tbe deed, will or other Instrument creating the estate. Sec 7. Moneys arising from each sales ahall, under the direction aad approval ef tbe cos rt, be Invested in the certificates ef the funded debt of this state, or of the United States, or la bonds se cured by mortgage ea a sine sm be red real estate, situated ia the proper coaaty. of double ins value of the moneys secured thereby, exclusive ef build-lugs aad other improve me sts, aad sf timber, mines and minerals. The court shall appoint competent trustees to Invest the moneys aforesaid, and man age the same, who shall, from time to time, report to the court their proceedings aad tne condition ot the fund; and the court shall require of such trustees security for the fsithful discharge ef their du ty may, from time to time, require additional secu rity, and may remove such trustees lor cause shown, er reasonable apprehension thereof; may accept the resignation of a trustee, and fill vacancies by new appointment. .: .. bxo. n. The net Income accruing from sales authorized by this act ahall be paid to the person or persons who would be entitled to the use or income of the estate were the sams unsold; and all taxes, and the expenses of the investment and management ofthe fond, shall be paid to the person or persons entitled to the income thereof. Sec 9." Upon like proceedings, as hereinbefore authorized, the court may, in their discretion, authorize and direct that sueh estates be leased for a term of years, renewsble or otherwise, a may appear moat beneficial, and upon auch terms as may appear just and equitable, the rents nnd profits to be paid to the person or persons who mignt otherwise be eu titled toihe use and occupancy of the estate, or the income thereof. Sec. 10. The coats of the petition and sale, or lease, shall be paid by tbe person or persons entitled to the income aforesaid. Sxo. 11. This act shall Uke effect on its passage. WILLIAM B. WOODS, Speaker of the House of Representatives, MARTIN WELKER, y ' President "of the Senate. April 4, 1859. ;.v v No. 185.1 AN ACT To provide for the election Of township assessors, and to prescribe their duties. ' SxcwoM 1. Be it enacted by the General Assem-sembly of the State of Ohio, That in each town ship, town or ward, in this state forming an election dUUictr-3here ahall be elected, on the first Meaday of April aannaily, by the qualified electors of such township, town or ward forming an election dlrlrict, one assessor fur such township, tows er ward, or pert of a township not included in any other election district. Sec- 2. Each township assessor ehaU give bond and take the prescribed oith of office on or before the first Monday after bis elsction, and the township clerk shall notify the county auditor thereof; aad if the county auditor shall receive no notice of the qualification of the assessor, in any township, ward or city ia bis county, on or before the third Monday in April in each year, he shall consider such office vacant; or if there shoo Id be a failure to elect by the people, or shall be at any time or from any cause, a vacancy in the office of assessor, or if the assessor of any township or "Ward, having, been qualified, shall not have pro ceeded to the 4ischrgee( tne dutieeoi JBis since before tbe third Monday of April in each year, the county auditor shall forthwith appoint one or iriore suitable persona, residents of the county, to discharge the duties f assessor in such township or ward, who shall thereupon take the necessary oath of eSceS give-' the same bond, petform the same duties; be entitled to the same fees, and subject to the same liabilities as in case ef assessors elected by the people. i .- .' - - Src, 3, Every ench ansessor, previous to entering upon tHe dutifs cf Lis c: ?e, shs!l five bond, with two er.more-f?e!ioli re'.le, to t'ie aeep t-ince of t'.e towue-p truxtees er proper authori ties ef any city or icorr oraU.I 'V. ?e, r vable to the .State cf Ohio, end to' .'rt'.on 5 f..r C. f .'.'.fal and !4ipar',l c.-ci.arj cl t .escr u.a c.oe accord, u- to the law; tr.J ts.ke ar. J subscribe aa c.t"i cf eC".:e, wLIc! thII ta inJomed en such Lc ui, ssi ts bosi so Is-irscd stall be tirposHed with the township treasurer or town or city treasurer, as the case may be. In ease of an spp4t-ment by the auditor, the bend may be approved by tbe auditor -or the township trasteee et authorities of any city, town or village. . Sec 4. Each aseessor as aforesaid shall, deriag such year as is now required by law, take aa eae- mere lion oi all tbe white male inhabitants above the sge of twenty-one years whose usual plees sf residence shall be ia any family ia his township, ' and who are residents ef bis tswuaLip, town sr : ward, oa the day preceding tbe second Monday of April, and ahall make oat a list ef the smm of said inhabitants, and return tbe same to the clerk of the court of common pleas ea or before the third Monday el May of the year wherein each enumeration is taken. Sxc. 5. It ahall be the duty of each township assessor, at the time of taking lists of property for taxation in each year, to require each peraoa ia their several townships to make a ateleanent specifying the number of acres they may bav had ia wheat, rye, barley, cora, bocka heat, oats and meadow, and tbe quantity ef each-produced ia each preceding year; and said assessors are hereby-required to make a return of tbe aforesaid statement to the county auditor of their respective counties at the time of returning the lists ef property for taxation. Sxc. 6. Each assessor as aforesaid shall tnaks a list and valuation of all taxable property iu his township, ward or district, now er hereafter tax- . able by any law of this Stale, and discharge all suce other duties as shall from lima to time be imposed upon him by law. Sxc. 7 Assessors in cities of the first class shall be paid out of the county treasury, two dollars and. fifty cents per day, and all other assessors two dollars per day, for the time during which they shall be necessarily engaged in the performance of tbeir duties; each assessor shall teake out an account ia detail, giving the data of each day in which ha . shall have been thus engaged, and hall Verify the same by bia oath, which the county auditor ia hereby authorized to administer; and if tbe auditor ahall be satisfied that auch account is correct he ahall draw his warrant en the county treasur r . for the amount thereof; but iu no case shall auch . order be drawn until the assessor shall bars filed with the auditor his list ef assessments, accurately made out, and added up the statements returned to him, and the books on which the original asset s-menia were entered. . Sxc. &. The act entitled "an set to create the office of township assessor," passed March 20, 1841. and which took effect April 1 and August 1, 1841, . and section one of an act regulating the mode ef taking the enumeration of the white male inhabitants above the ace ef twenty-one years, passed January 10,1827, be and the same is hereby repeal ed; provided, that the repeal ef ths aforesaid acts shall in no wise affect aay liabilities or rights accruing under them. kc. 3. This act sball take ettect and oe tn lore from and after the date of its passage. WILLIAM B. WOODS.. Speaker of the House of Representatives. MARTIN WELKER, . April 4, 1SS3. President of the Senate. No. 191 AN ACT i Providing for the relief of the' surviving Leasees of the National Read, and for future management of said road. Whkkxas, Samuel Doyle and Samuel Foster, who are now solely interested as lessees of the na tional road, nnder the lease Uiereol made by tne board of public works, o a the 23 lb day of May, 1H54, for the period ef tea years from aas after the first day ef June, 1854, to the said Doyle aad wasff Joseph Uooper. bavin? bv their metna- nants in said tease contained, aad to be allowed to surrender said road to tbe State en equitable terms; or that the general assembly shall by enactment carry eat the tnodi&catfoa of said leas as made by the board cf publie works ea thv ISth day of February, A. D. Iff. 6, aad protect the inter! ef the lessees ia the collection ef tolls; Aad, Where as, the relief asked for by raid Doyle aad Foster having bee a petitioned for by numerous citizens of the stale, living near aad Interested" In said road, it appears to the general assembly just and proper than os me relief should be granted to said lessees; therefore, - Sxcnox 1. Be It enacted by the General Assembly of the State ef Ohio. That oa and after the first day of Jane, le59, the board of pebiio works shall take- charge of, coatrol aad keeping repair the national road, passing through tbe state of Ohio, and the lessees of said road are hereby released from all obligation In that behalf fwo aad after the said 1st oay ef June, J50; Provided" that the care and control of the said road, as above directed, shall be taken by the board of public works only upon condition that the said road be iu like good condition aa when received by the said lessees, and on taking tli care and control of said road as aforesaid, said board of public worka shall forthwith select one person, the said lessees one, and they two a third, who shall proceed at once to examine, appraise, and report upon oath to tne board of public works, the value of the metals provided by said lessees for repairs thereon said road in excess of the metal received by the said leasees when they took charge of the rood under their lease, nd iu the settlement of the account between said lessees and the State, the board of public works shall allow to lessees the appraised value of said excess of metal, and shall further allow to them an. amount equal to th tolls which they would have been entitled to receive on coa ches nnd other vehicles carrying the mail eu said road, but for the exemption of such coaches and vehicles from the payment of tolls under the com pact between the state of Ohio and the United States, said amount to be ascertained by the board of public works, and for any balance whic'i siiall be found due to said lessees, after deducting the amount doe from them to the slate under said con tract or lease, the said board of publie srorksshall draw their draft upon the A oil tier ef State la fa vor of said lessees, and the same) shall be paid oa the warrant of said Auditor, and ef any money In the treasury fox general revenue purposes, net otherwise appropriated. Sec. 2. I hat on such settlement being maris and tbe balance if any, due the State from said lessees being paid, it shall be the duty of said Board of public Works, to release the said lessees and tbeir securities from alt further obligatioa upon said lease, and upou tbe bond or bonds given by them to secure the performance of tiie sne, and said lease and bond or bonds shall be cancelled. and said Board ef Publie Worka are hereby fur- . ther authorised and required thereupon to release all mortgages given by said lesres and their securi ties, to secure, the performance oi said couirari Sec. 3. This act shall take tHovt from and after its pudfaxe. WILLIAM B. WOODS, Speaker of the House of Repreeenlaiives. MARTIN WK1.KKR. . President of the Senate. April 4, 1853. ' . No 189.1 AN ACT . ' Supplementary lo an act providing for the ruoUh- ment of Crimes, passed wtrcn i. ijj. K,mn 1. He it enacted bv the Genera! Ainrm- bly of the State of Ohio, That any prweu v-r marriage, shall have illicit carnal iute rcurKr with any female of good repute for chastity, a adVr the age oi eighteen years, shall be deemed guilty of seductioa, and apou conviction, shall Wiinrisoii-ed In the Penitentiary for sot (ess than n, nr . t . L. . v.i : . I I uioro viibii mm years, or iw iipniwir county jail not exceeding six months, but in such ease the evidence of the female-tnul be corroborated U the extent Required, as to th$, principal ...... l.wJ. .- it t . wnrinst.. Speaker ef the Houe kf Rrrnmirv, MARTIN '...President ef tLe i'oi. s is. I April 4, ,. ,-v .'f. . Aclitok's Orri x -r Mt.-Wrnon, Ajril Vi3 1 T herebr cettifr. tlat tve frri .-.rrrftfP! sescF tr. i 1-rr 1 by tLe Secretary cf Si ate. 7 S. W. FA r. QUI! ATI, Auditor Knox (Juiiiitr, ULi