Mt. Vernon Republican (Mount Vernon, Ohio : 1854), 1859-06-14

              xlwwwrt-'.. . as. . ) ' I i r 1 ii , is i! . :'L J If,,-' ,.'t' yol; v; MOUNT VERNON, OHIO, TUESDAY MORNING, JUNE 14, 1859. NO. 31; iff ft ' , , ;::. T.I . f 1 . , ,. . .. : .. '. ... I REMOVAL. DENTSSlST! HA3 taken', for term of years th room re-etsitly occupied by Mr. K. N. Hill, and immediately orr Iho star room of Taylor, Uentt & Co., where k will prosecute th various duties of the profession. With en experieno of our It year oonsUot practice, and an acquainhuo with aU the I, ATE IMpnOVEUKNTS of tb Art, hafoslseon--denl of giving entire satisfaction. The beat skill of tka Profession warranted to ba exercised In every ease. Oa hand fine stock of Dental materia! recently proenrott Irom uie tail. Entrance on Main Unci, between Taylor, Gantt 4k Co.'i and L. Munk't Clothing Store. April l-33tf DIt. D.lttcBRMRs KE8FECTFULLY announces nil return from th East (whore he has Purchased a large assortment of Dental materiala)and ii now fully prepared to execute all operation oonneoted with duntistry, sue as filling, extracting, and eleaiiing teeth, and healing all diseased miiuthi, and removing Irregularitiea of the teeth. Also.Pertioular attention given to the insertion of Artiftoial teeth. All work warranted to be dona in the best style of the art. I am also prepared to operate on ILiir-lips (single or doable.) Cleft palate and all othor operation! oonneoted with Dental Surgery. Having been employed ai an assistant in the offioe of Dr. Fundenbnrg A Hnllihen, of Wheeling. Va., I latter mysslf that I eaa give satisfaction in every respect. I have permanently located In Mt. Vernon, Ohio. OBue ovu Russell A Sturgos'sltank,Maia Street. April J illy. .. Dr. Ofr ITIcUawN, Ohm Wasp's Block, No. 1, 2 8; M Floor, S. K. Cornet Main A Vine Sta. Mount Vernon, 0. All operations performed In the latest and most approved style and WAliliASlEV, May 3 l8.-24ml. WOULD aay that ha haa renowed the lease for the above auito of rooms for the term of five years, and largely Inorensod his facilities for the bet-toraoooinmodation of visitors unit patients. Always on hand a large stock of OKA'TAL QOOVSI Teeth direct from the best tooth Manufactory in the world and w no of AW Can therefore, give a mora lifelike txpniiim than ean be obtained with any cheap or tnferiiyr teeth. Is also prepared to insert artificial teeth on Cvra-lite or vuloauised Guttapercha or Rubber base an admirable base for temporary sets, Ac. Would alio call attention to his method of treating teeth with exposed nerves or sensitive dentine without pain and not destroying the vitality of tho tooth, thereby rendering that large number of tooth serviceable fur years which if not treated on scientific principles are sacrificed. Thankful fur the very liberal favors for tho last four years hoping by strict attention to business to roceive like confidence and patronage. DE. L. S. MURPHY, OF NEW YORK C1TT, ANNOUNCES to his friends and the public, that he has oianed an office for tho PRACTICE OF MEDICINE, in Mount Vornon, and the ndjoiningoountry. From the timoand attention he haa given to his profession, he hopes to receivo a liberal share of the public patronage. Special attention todisoasesof women and children. OFFICE, un Main street, over Curtis & Sapp's StorujllJsidenceoornur Higli at est oireots. Out. mh. 1858.ti'. D. C. MONTGOMERY, ATIOBItY ill LIW. UANNINU UUIIJHNO, OVER N. McGIFFIN'S SllOfci STOKK. ...i Mount Vernon, Ohio. Soecinl attention given to tho Collecting of Clnima, and the purohase and sale of real Estate. 1 have for sale unimproved hinds as follows, 640 anres in Osaira Countv. Mi'Siiuri. 60J acres in Warren County, Missouri, 3U2 acres In St. Francois County, Missouri, also 125 acros and one 40 acre lot in Hardin Uuunty, unit), ana oo acres in Murcer County, Ohio. JHaron i. on, to-ti, J W. VAKCI. w. c. cooriK. : VANCE ib COOPER, ATTORNEYS AT LAW, MT. YEKKUH, U. 0Kce son thoast corner Main and Chestnut srreets opposite Knox County Rank. scpt20 JOHN ADAMS. Attorney at Law & Notary Public, Corner Main and Vine Sta., MOUNT VKSNOV. OHIO. OPECIA I, attention liven to collections in Knox O and adjoining counties: alio: to prosecuting elaima for f elisions and Land Warrants, and all oth er legal buslnes entrusted to bis aare. march lltf. . . SAX L I8RAB1,. JO8.0. UEVIX ATTOKNEYS AT LAW, UOVKT TIRXON, OHIO. OFFICE-Uaid Street Delow Knox County t3T Prompt attention given to all bnslness en trusted to tuem,auu espee laity to collecting and se curing claims, ia any partoi'Onio-Dec. fth-Utj-4-iB. . XMXir sr. cotton. w, k. bam, m COTTON fc BANE. Attorntr's 4t Counsellors nt law, U ' t , 'M. VtrnuH, Ohio. r "ITlTILlj attend to all buaineas intrusted to their TT oare, in any of the Courts... OFFICE, N. . Corner of Main and Oambier St., over ryle's Merchant iauormg Establishment. . Oct; lVth 18i8.tr- IX. DUMA!.. ..a. i. iAxnua. OIIMBAU A BANNING, ATTOflMEYS AT Lltf. . '' ITIouui Vernon, OFFICE In Miller's Bio. k, In the rooms formerly ooupiep y uoa.souie. suuer. lnl-iy otd. r. MILDIMUH. a. v. tuomai. aiELUINCIl aV TUOMAS, . - utALaaa in i SALi, PLASTER, FISH,' . Ulfs! AND WATER LIME. . WILI, PAY CAHH FOR Flour, Grata of all kinds, Perk, Baeon. Batter, Hops, Dried aruit. Flax, Clwer and Timothy Seed, PyUuh, WniiaBean,Ard,Hides,PelU,A. ,.. A4 "OKTOS'S WAREHOUSE, lUohJViMH A , Mt.Veraon.OhW., SASIIi DuOUS AND BLINDS. vf J. A. AodertfOB, ,: MAMCrACTOain akb nnALia m .. RASH, DOOKS, AND HL1SI 8, Gtn. ones' H'nra Haute, High St., Ittwm Main and R II. Depot, Mount Vt-- aori, Ohio. ALL KINDS of work eoasUatly on hand and warranted . All ardors promptly exeauted. April It, lSi14ly. CHANTlU.fi, and FRENCH t.ACE SHAWLS and MANTILLAS at 7 to lit. WHITK and BbACK vBArB nil AW La ion Tear lives ta sise and Qaallty. Call soon e-MayU Mtf SPERRY k CO.' ' A Nice Home farm for Sale. O ACRES of land, finelv cultivated. with small er J chard, new f rama dwelling, now frame stable, and ether outbuildings, only of mile east of Main Stroat, Mt. Vernon, on Ouuuier roald. It Is only a lew rous irom venter nun I ana is a goott location fora gardener. 1'rice $1,108 in payment.' W. H. COCHRAN, Real Estate and augll:sme. 0n. Agent. Grnt Fnrm for Snlo. InAVE a 200 acre farm of the finest land in the eounty for sale. Most of the farm is rich bottom, and lies only about 4 miles from thisclty ( Jit. Vernon. ) The land is well supplied with orchards. ruuningstreamsof water, roads A. The buildings are new and good ; in short, if any man wishes to live quite at nome, let nim pnronase mis farm. Jn qnire of W. U. COCHRAN, Real Estate, May 15, If. and Gen'l Agent. Farm For 8alt. rt ACRES, ABOUT IX MILES FROM MT. 1J"Z Vernon, on the Columbus road, about 75 acresoleArtd,withexeellentsoiland timber. About 50 acres are bottom land. Good frame dwelling frame stable, now frame barn, small orchard, guod spring, Ae. Prion 35.00 per acre, In payments. W. H. COCHRAN.Reelestate Septl,1857. and Oen'l. agent. ' LOOK AT THIS I THE Subscriber offers to sell his farm of 23 seres lying on Owl Creek, i miles S.E.of Mt. Vornon. It ta tho very first quality of land suitable for Gardening; Ac. . Also, his house and lot of 2 acres on Oambier St. just east of Center-Run. The house is new and convenient; a fountain pump of exocllont soft water at thedoor. 8tabl, Corn-cribs and other ont buildings. For further particulars enquire of WM. H.COCHRAN, Real Estate sg't. or Joseph Colville, residing on the premises. Mar.SU, 20tf. 55 Acre Farm for Sale, IN MONROE TOWNSHIP, 4 miles from Mount Vernon, one-half mile from the Wooster road; about 40 acres cleared and in a good state of cultivation, acres of which are meadow; dwelling homo, barn and orchard. Prloo $27 per aereln payments. M. D. Montis, who resides on the farm, will show it to persons wishing to see it. W. H. COCHRAN, May 17, '60tf Real Estate and General Agent. BUY WHEltE YOV CAN BUY THE CHEAPEST !! William M7Mefford, RETURNS HIS THANKS TO THE CITIZENS of Knox County for the liberal patronage extended to him, and' would say that he has now on hand as good Harness, Saddles, Buggy, Carriage, Wagon and flow Harness, Collars, Bridles, Martin-gaiU, Whiff Ac, as ever. SUOF It rth-eastoorner Market House, auglltly. Q. W. Bank, : ADDLER AND HARNESS MAKER, First Doer S uth of Woodbridge's Store, main arniKT, mount ternon, ohio. I"EEFS.- nstantly on hand a large assortment of l. MudcU. rand llarnoss, Bridles, Collars, Halters, Suddk Whips, 4c and for si innufuctured by experienced workmen ion reasonable terms. T" ALL WORK WARRANTPD. TRU.N tin, from $2 to (22. My Trunks are muel superior article to those commonly offered for sale. I would also invito special attention to my Collars, which oannnt bo surpassed for stylo and durability. may 20jr. REMOVAL! Ihare taken Iho stand one door South of the Ken-yon House, tho room formerly occupied by K. C. Kirk, & Co., whero I will be pleased to see all my old customers mid friends and hosts of nowonca. I have added a new and fresh STOCK OF GOODS fresh from New York. Beautiful in Style. Good in Quality, and Cheap in Prico. MY MulTO IS XKA1Y Pay. axi seil as cheap as tux CHEA PEST. Come on this way. Don't forget the place opposite Bryant's old Corner. April 4, '49 21 2mo. ' . P. McINTYRE. Sale of Ileal .IjPttate by Order of Court. 1)URSUANT -to ajj-ordor of aale made by the Probato Court of Knox County, Ohio, I will offor fur sale to the highost bidder, on Saturday, the lth day of June, A. D, 1859, at 2 o'olock P. M, at the door of the Court House in Mount Vernon, Knox county, Ohio, tho following described real estate, as the property of Thomas Irvine, deceased, to-wit: The south half of Lot No. two hundred and twenty-one 1221' in Walker's Ad dition tu the town of Mount Vernon, Knox eounty, Ohio; also, a part of Lot No. one hundred and four 1041 in said town of Mount Vernon, beine a strip off the south side of said lot thirteen and one-half f 1 3 14.1 foet in width north and south along Main street, and extending the entire length of said lot east and west also a part of Lot No. one hundred and three 1031 in said town of Mount Vernon, Ohio, being a strip off the north side of said lot three 3J feet in width north and south along Main street and extending the entire length of said lot east and west; said parcels of thirteen and one-half and throe 3J reel in width on Main street, lying adjoining to each other, and making a parcel of laud on Main street sixteen and one-half 10J4J feet in width north and south, and running from Ham street to the allev east and west also lot Ko, one hundred and fifty-seven I67 in said town of Houni ornon,uuio. Said remises are appraised as follows: The south half lot No. 221 in Walker's Ad dition to the town of Monnt Vernon... .$280,00 The said M No. 157 1000,00 Said panel on slain street ii reel ana s feet in width north and south side, in all WA feet on Main street at 1500,00 Terms of Hale One-third cash in hand; one. third In one year, and the balance two years) the deferred payments to bear interest from day of sale and to be secured by note and mortgage on the premises. iir.njAMini-.6MUH, Excoutor of Thomas Irvine, deceased. VANCE A COOPER, Jlsy 10, 1850-ts A CHANCE FOR 1'AHMtHS. THE UNDERSIGNED offors for sale a good Farm of 108 acres in Howard township, Knox eoun ty, 7 miles east or Mount vernon, and enly miles north of Onmbier, tho location of Kenyon College. About 80 acres are cleared and in a good state of cultivation, and the balance is good timber land. It is a good slock farm, is well watered, bos 4 lasting springs, two orchards ol Appios, rears and CherrTos, a good brick dwelling, and a frame barn. 1 will take 4,uou lor the whole premises, one-firth in band, and the balance in six or eight yearly nay- pay man ts, with interest at six per cent., thus giving the purchaser a fine ohauee to nuke all but the first payment off the farm. Also, 170 aores of unimproved land in DeKolb eounty, Indiana. SAMUEL STOLGH. May 17, '60 21 tr. Proposed Amendment to tna Constitu tion. Relative to la Amendment to Ihe Constitution, Providing for Abnual Sessions ol tan General Aammbly. - lUtolvtd. by tit Gene a AiitmMuof the State of Ohio, (hree-Htlhnot the member of each Mouac e incurring therein, that it be and is hereby proposed to tee elector of the Stale to vote at toe next annual October State election, nt on I ha approval or rejection of the following amendment at a ubstitute for the first clause f the twentv fifth (retina of the eecond arti el of Ihe Constitution of this 8tato, te-wit: "All regular aeasious of the General Aaaembly shall nouimeoce on lb first nionday in Jasuai aaaoaiiy," a mar srvVn niLUAis. nuuvo, Speaker of the House ol Representative. MARTIN maKEit, April t, I8S9. Pretideol of the Senate. SECRETARY OF STATE OF7ICK ( CoLoaaus.O .April 7, 185 t I hereby certify that the foregoing Joint Res olution, ''relative to an amendment lathe Don-stitution, providing for Annual Seaaion of the General Assembly, ii a true copy of the orig inal roll oo ni in tan omc. A. P. RUSSELL, April 13, 1859 23t. ' Secretary of State. The Monnt Vernon Republican II ri'SUBUXD EVUV TUESDAY mormko, . BY W. II. COCIIBAN. Office la Krerolia Bailaitve, If. 5, Second 8tory, o TERMS Two Dollars per annum, payablo in ad anoe; j,db aner me expiration or the year. LAWS OF OHIO. PUULISIIED BY AUTHORITY. No. 182. AN ACT Conferring certain powers on, and prescribing curium duties ot, tne ooard or I'uniic works. Sec. 1. Beit enacted by the General Anomaly ofthe State of Ohio, That the board of pub lie works shall have charge of the publie work ol the itate, ana snail nave power to perieet, render useful, maintain, keep in repair and protect Ihe same) and to that end shall have power to remove oDstructioui therein, or thereto, and to make such alteration or amend ruents thereof, (whether now or hereafter con atructed,) and to make such feeder, dyke reservoirs, locks, dams, and other work, de vices and improvement a they may think proper for the respective purposes aforesaid. i hat eacn memoer oi saia ooara snail nave the like power, in respect to the division of the puoiic woraa unaer nia special cnarge, suoject, however, to the control of the board; but he shall not undertake the construction of any new -work whose cost would exceed two thous and dollar, without the previous direction of the board, a bat to enable them to exercise llie power aforesaid, it shall be lawful for the board, and each member thereof, within hi proper division, to purchase la the name and on behalf of the state such real or per sonal property, rights or priviligei, as may be necessary lor tna reipective purpose aloresaia ana aiso, to agree wun any owner wnose prop erty may be appropriated as hereinafter men tioned, upon the sum of money to be paid by the stale a compensation therefor, and to pay the same in the manner designated by law. And it shall also be lawful for the board, and each member thereof, and every uperintendent.agent or engineer employed by them or him, to enter npon, take possession of and use, upon the conditions ana lUDject to the limitations Hereinafter prescribed, any lands, water, stream or material necessary for tne respective purposes aforesaid, doing, ntTcrtheless, no unnec eitsary damage. And they may also enter upon any lands for the purpose of making any surveys or taking any levels that it may be nec- vsary or exueuieui to uiaau or inae, in me uia cha rga of their respective duties. Sec 3. Private property mar be appropri ated for the respective uses specified in the first section of this act, as follows: when the public use to be made of the property would render it subtantially valueless to the owner ,11 estates therein,or right thereto.inay be appropri ated .and upon the proper proceedings being had as hereinafter provided, shall vest in the state. When the publie use of the property will be temporary, or at intervals only, or wnen tor any other reason it may be unnecessary oi inet .pedient to appropriate the fee simple therein.or absolute right thereto, as easement, r right, commensurate with the use to be made thereof, may be appropriated ; a good and lufhcient ti tie to which easement, or right, upon the proper proceediuns being had as hereinafter provid ed, shall vest in "the date. When a breach, other injury or obstruction, destructive of or materially impairing the immediate use of any of the public works, (by which term is meant nut only the tuaiu works, butnlso all other works, strut tun ..r device-i-i nnecled with or appurtenant thereto.) shall haonen. or exist. or be in immediate danger ol bappening,or when sucn oreacn, iniutr or uDMructioii. or annger thereof shall occur in any work in process of construction, and repairs or protection shall oe Immediaiely necessary tor the preservation or restoration oi tne same, sucn case, an ana singular, shall be deemed ease of public exigency justifying the immediate seiaure of pri vate property to repair or protect such works, or to De usea permanently or temporarily, as places of deposit of materials for those purposes, or of matter removed in makings nch re paira or protection. In all other eases provided for by this act, a compensation for the property to be appropriated shall first be made in money, or first secured by a deposit of money, a nereinaiter provided. Sec. 3. The mode of making appropria- liuns under this act shall be a follows: lu a of public exigency, as defined in the proceeding section, the private property necessary to repair or protect the publie work may be seissd, either absolutely or for temporary use, by the board aloresaid, or either of their membera, or any one of their superintendent, agents or engineers, and the rights thereto, or to sucn temporary use, shall immediately vest in the state. In all other cases the appropriation shall be made by the board, or one of the mem hers thereof. In such case of public exigency if the property b immediately siexed without first Daviuir for the same, it shall be the duty of the board, or some one of their members, (if the compensation to be paia therefor be not i . i . :. I. . ... J - egreea upon uj Wlia tne owner, wituvu uv- lay to make and ofll ally subscribe as many eertificatea. in all respects alike, a may be necessary, containing: First: A description of the property so taken, with the lime or times when taken, and whether taken absolutely or for temporary use, and if the latter, the ex tent of the use, and the name or the tame of the owner thereof. Secondly! An offer nn Mialf of the state to pay therefor a specific sum of money, being such sum as tne ooara, or tnoir ncuuvrs, euau utcuj able; one of which certificates shall be deliv ered In each of the owners of the property so taken, if resident within this state, or left at his or her usual place of abode therein: provided, that if any owner be a minor, idiot, or insane person, having a guardian resident within this state, aervice of aaid certificate, in manner aforesaid, shall be made on such guardisa, which shall be deemed good service upon the wird. But if any owner or guardian, reside without this stale, or his place of resident be anknowu to the board, then notice to him or them may be given either by personal service of such certificate, or by publishing the same for four consecutive weeks la some newspaper of general circulation in the eounty wherein the property was taken. One of said certificate, wild proof of it having been aerved or published a aforesaid, and the date of such service or publication, shall be filed and preserved in the office of the beard. If any owner, or his or her guardian as aloresaid, shall at any time after the seixure of hi or her property as aforesaid, and within one year after the aervice of the certificate as aforesaid, or Its last publication as aforesaid, as the cane may be, elect la lake the sura of money so offered, er, in case of joint ownership or tenancy in eommon.his or her ptoper proportion thereof, the board or the proper member thereof shall pay, or eausethe same to be paid to him or her, and shall take therefor a receipt specifying on what account the same i paid: and aurh payment shall dis charge sll claim of inch owner against the stale hy reason l in premise, nui u mm n the shall he unwilling to accept (aid ofler of compensation, he or ahe may, withia the year a'oresaid, notify the board, or the proper member thereof, (namely, the member having special charge el the division where the property was taken,) of such unwillingness, and if the board, or aaid member, ami owner cannot agree upon the compensation to be paid, the ewaar may at any time afterwards, within aaid year, file in the probate eonrl f the county wherein the properly taken was situated whea takea.or, if it waa a tract of land situated partly in sn and partly in another county or counties, then in the probata court Of either of said coamies; one of said certificates, .er a copy thereof. (which copy shall be furnished to him or her by the board, or proper member thereof, if de landed,) and require tba judge of said probate court to empanel a jury and to Issue a venire for them io the manner hereinafter provided in section four; which venire stall D aerved and returned as provided In said last named section. Befor such venire shall be issued, the ewaer shall notilv the board, or proper member there. ef.when it will be issued. Upon such venire bei .g issued, the same proceedings shall be had, so far as the same may be applicable and practicable, in reapect .0 the filling of vacancies, the qualifying of the juror, the power to administer oatha or affirmation, the making and return of award, conduct of trial, return of verdict, exception or petition lo error, and all other matters, a are hereinafter provided in respect to cases nut of publie exigency, in case other than those of public exigency, as aforesaid, the proceedings shall be a follows: the board, or some member thereof, (ball make and officially subscribe as many certificates, in all respects alike, as may be necessary, starting: first, i ne erty.use or easemeotescribing it as fully and aa would be necessary in a conveyance, aud al intsnimn nt tna state ro BDoroDriaui ine oroD- so stating the name of the owner or owner sH thereof. oecOBOiy. sue epveiuo sum ui money . m 1 1 m, -a - r i that the etate ia willing to pay therefor, which shall be such a sum as the board, or the member having special charge of the work for which the appropriation i to be aaade, shall deem reasonable. Thirdly. Thai if the owner or owner do not, within a time to be specified in the criifirite t which time such board or mem ber mav fix. allowing reasonable period after service or puoncatiou oi we ceruucaw, ueiu inafter provided,) accept said turn a full com . J i i . . : a i pensation for such property, use, or easement, then altera specified day th state will cause the property intended to be appropriated, or iu, to or over which an use or easement is intended to be appropriated, to be condemned to the state: and the value of such property, use, or easement to be assessed pursuant to law. One of said certificate shall be delivered to each of the ow nor of the property intended to be ap propriated, or iu, to. or over srhieh aa easement so intended to be appropri ated hi or her guardian, or publication thereof made, in the same manner and under the same circumstance hereinbefore provided, in respect to the certificate herein mentioned. Another or snul eerttncaiea anau oe n:eu ana preserved in the office of th board, with proof of the service or publication thereof, showing the date or dates of such aervice or publication; and if the appropriation be of real property, er of an easement in or upon such property, J L Jf II J .1.11 L. 4t J... ? ana oe nnaiiy inaae,li snail oe un amy oi euiae member of the board to endorse upon another of aaid certificate to words "appropriation made." with the data when the appropriation waa perfected, and to officially subscribe auch endorsement and cause such certificate and en dorsement to be recorded in the recorder a of. fice of the county in which the property is situate. If any owner, hi or her guardian, as aforesaid, shall, at any time before the ap propriation mentionea m saia oeruncaie anau be made, elect to take the compensation speci fied in said certificate, or, in eae of joint own ership or tenancy in common, his or her proper proportion tnereoi, snail cause me same to oe paid to him or her, or his or her gaurdian and shall take the receipt of such owner or guardian therefor, and upon such payment all the title or right of such owner IA or to the property, una, or easement appropriated, shall vest in the state; provided, however, that in case of joint ownership or tenancy in common, when some Ol Lie owners or tenants eiect, auu uuicib do not elect, to take the compensation offered as aforesaid, payment to those electing to take may, in the discretion of the board or the proper member thereof, be withheld until the proceedings against those so refusing or failing be terminated, and if, upon the termination of uch proceedings, the board, or proper member thereol,shall be of the opinion that the amounts assessed, together with those payable to the joint owner or tenant electing to take the offer ol' the state aa aforesaid, would be too great to ustifv the intended appropriation, it shall be awful for the board, or such member, to pay the costs of aaid proceedings and refuse to make the appropriation! in which event aaid costs shall be so paid, aud nothiug more. And nrovided. further, that if any owner, hi or her guardian, electing to laxe me compensation offered by the slate as aforesaid, shall fail to make that election until after proceeding for an assessment shall bo commenced a herein after provided, he or she shall, before receiving such compensation, if required by the board or proper member thereor, pay tne costs oi sucn proceedings, or if the proceedings be against others as well as himsell or herself, hi or her proper proportion of said cost, or he or she mav elect io lei me state pay tne tun auu us duct it from said compensation. Sec. 4. If any owner or owners, notified aa provided in the next preoeeding section, shall not, within the time specified for that purpose in tho certificate mentioned In said section, signify to the board, or some member thereof his, per, or there acceptance oi tne compensation offered by (aid certificate to bim, her, or them, it shall be lawful for the board, or any member thereof, at any time after the expiration of the time named in laid certificate for such owner or owners to accept the offer of the board, to file one ol said certificates, with proof of the service or publication there of, in the probate court of the county wherein the property intended to ba appropriated is situate, or, if the property be a tract of real es tate, situate partly in one and partly in anoth er county or counties, then In tbe probate court of either of said counties; and thereup on it shall be the duty of the probate judge forthwith to notify the clerk of tne court of common pleas and sheriff of the county of the filing of such certificate, and the said clerk and sheriff shall, within one day after receiv ing such notice, proceed to draw out of the box containing the names oi persons reiurnea to serve as jurors in the court of common pleas, a jury oi twelve, in the same manner that juries are drawn for the trial of causes in the court of common pleas, for the purpose of estimating or assessing tne damages sucn owner or owners shall receive by reason of such appropriation; and the said clerk shall immediately return tie names of jurors, so drawn, to the probate judge whe sba.l thereupon is sue his venire to the sheriff; or in case of his being a party to tbe proceedings, to the coroner of the county, to summon the jurors so drawn as aforesaid, to attend on some day specified, at tbe offr of said judge, then and there to beeinpenneled and sworn te renders just verdict, in tbe manner presciibed by law. And the probate iude shall, at the time of is suing such venire, issue a notice to the several owners of the property described in Such certificate, of the time when such jury will meet at the office of said judge for lbs pur pose aforesaid; which notice such sheriff or coroner shall serve upon the party or parties therein named, at tbe time or serving such venire: provided that if such owner or owners are non -residents of this state.or are unknown, then publication ol the objects and purposes of tbe proceedings shall be made in some news-rjaner. published In Ihe couutv. for thirty days next preceding the time named in such venire; which notice shall contain a pertinent description of the property sought to be appro priated, and the name or names of the owner orowners, if the same be known, and the time and place ol the 'proceedings. The probate judge shall have power to issue all subpoena. sod all oiber necessary process, ana to administer all necessary oatbt in the execution of this act. Sec. 5. It shall be the duty of tbe sheriff or coroner, on receiving such venire, to sum mon the persons therein named In the aaui manner a jurors are summoned to attend the court r4 common pleas; and juries may be challenged sad vacancies In ihu juries filled ss in other cases. The jury shall be sworn to veil and truly assem. the coidpeniuttlon to which the otvnor may be entitled by reason of the premises, without deduction for benefits to any hUorler property. For good cause shown, or by consent f the parties, tbey may be sent in such custody a the court shall direct, to view the property, the court appointing tb person or persons whose duty it shall be to show it to them; but all testimony shall be given in open court. The state shall be entitled to oped and olose, in giving testimony, and in the argument. Tho virdict i shall bo in writing, signed by the Jurors, or thoir foreman; but the court, with the assent ol tbe jurors, may put it in proper form. A new trial shall not be granted, except for mis conduct of the Jury.or for sn erroneous ruling by the court. Exceptions may be taken as in other cases, to any ruling of tbe court in matter of law, and a petition in error may be prosecuted in the district or supreme court, if filed within thirty days after the rendition of the verdict, but not otherwise. Ruch petition shsll not be filed without an allowance by the district ccurt or by the supreme court, or a Judge thereof. And the procoeclngs shall not be reversed for any error of form, or other er ror, not affecting the substantial justice of tbe case. Upon a reversal of tbe proceedings, a procedendo may. in a proper ease, be awarded and a new trial had, if thereby commanded The probate judge shall record the proceed ings in that court, including the uertifloae of intention to appropriate, and the proof of Us service or publication, filed in bis olllce as aloresaid. i Sec 6. After such appropriation is made, it shall be the duty or tbe probate judge immediately to take op the cost bill ol such pro ceedings, when the board or proper member thereor, snail, without any unnecessary delay pay the same and shall also pay the adjudged compensation by diawing his warrant upon the auditor in the manner prescribed by law, in favor of the proper party; and if the party entitled to such compensation shall not call for the same, tbe auditor shall nevertheless issue the proper warrant npon the treasury in I is behalf lor the same, and shall retain such warrant until called for; and the money shall be taken and held to be deposited in the treasury for the use and benefit of the party ami tied to the same, from the date of such warrant: provided, that no iutorest shall be paid npon tbe compensation or costs, as aforesaid: Provided, that tbe board or proper member thereof, may, at their option, pay the costs and refuse to make the appropriation f in their or his judgment, the compensation assessed is too great to justify the appropriation. Sec. 7. Proof of the service or publication of the certificates aforesaid, when required by this act may be made by the affidavit of any person having personal knowledge of tbe fact. Sec. 8. If the property appropriated in a case of public exigency, as herein belore pro vided, or to be appropriated in other cases ss aforesaid, shall belong to the heirs, or devisees of a decedent, and tbe names and places of residence of such neirw or devisees, or of any or euner ol tnem, shall be unknown to the board, or the proper member thereof, such persons whose names and places of residence shall be thus unknown, may be described in, all and singular, the papers snd proceedings aloresaid, as the unknown heir, or heirs, devisee or devisees, as tbe ease may be. of tbe decedent, naming such decedent, if his or her be know to the board, or said member there of. But if tht name of such decedent be unknown to the board, or the proper member tnereoi, or II the names and places of rest donee of the owners, or any of them, (wheth er holding by descent, devise or purchase,) be in like manner unknown, such owner or owners, whose nsmes and places of residence shall be thus unknown, may be described in, all and singular, the paper and proceedings af-orestid, by the general description of unknown owner or unknown owners. And such general description shall also be sufficient when the residence of , tbe owner, or owners, is witnout this state. Sec, 9. Married women, whose property shall be appropriated under this act.shali be capable of doing all things which it may be law-lul or necessary for an own'r to do io tbe prem. ises.es fully as if they were unmarried and of full age. And guardians as aforesaid, shall have as full power to act for their wards respectively, as the wards respectively would have, were they nnder no disability. Sec IU. Corporations, in addition to payment of their property, real or personal, ap propriated as aforesaid, shall be entitled to compensation for A destruction, total or par- tial.ol the value ol any of their franchises di rectly caused by such appropriation of their real or personal property, as follows: if the value ol the franchise be totally destroyed, such value shall be Mid and the franchise shall cease to exist; if its value be but partial-ly destroyed, a ratable compensation shall be made. The compensation to be thus paid, shall be ascertained, (if not agretd upon by tbe board or the proper member thereof and the corporation,) at the sain time and in the same manner that the compensation to be paid for the real or personal property of the corporation appropriated as aforesaid, shall be ascertained; and Ihe jury shall state in their verdict, what is the franchise thus injured, or destroyed, and whether tho destruction is total or par(ial; which finding, if not set aside, in the mode hereinbefore provided for vacating verdicts, shall be conclusive evidence of the fact so found, to all intents and purposes. Sec. 11. The witnesses, clerks, sheriff, coroner, constables, and jurors, respectively, for the services required of them by this act. shall receive such fees as tbey are paid for like services in similar cases. The probate jndire shall receive for bis services, five dollars in sdditlon lo the usual fees for Issuing processes and recording the proceedings; the persons appointed to show the property and take charge of the jury upon a view as aforesaid, shall receive such fee for their services ss tbe court may allow; and the expenses of conveying the jurors to the place or places to be viewed, may be allowed by the probata court and taxed as cost. All name drawn from the jury box, by the clerk and sheriff as hereinbefore provided, shall be by them replaced in the box and the persons whose names were thus drawn shall be liable to service as jurors in the same manner as if they had not been drawn for the special service required by this act. Sea. 12. Dy the word "costs" in this act, taxable costs only are meant. Unlesa otherwise herein provided, such costs shall be paid by the state; but upon proceedings in error i the party failing shall pay the coats in error. Judgment for coat maybe given in favor of tbe slate, and agaiLst tbe owner by the court in which tbe proceeding maybe pending. Ion which said labor is to be performed, or ma-when the owner hers ma liable to eav coats aa ' tarialk furnished. 1 1 eanaa snoh rpn.r.1 m aforesaid. It shall also be lawful for the board, or proper member thereof, to deduct from the compensation to which any owner may oecome entiiiea as aiorssnia, an costs r which such owner Is liable as aloresaid, and which such ownor shall not have paid, and if such deduction be made, the board, or said member shall pay such costs to the persons entitled thereto or to the prtper clerk of their use. Sec. 13. Any person whose property Las been or may be injured br any breach in or leakage or overthrow of any canal, slarkwaler, pool, reservoir or other work appertaining to such canal, slackwater, pool, reservoir, or by the want of capacity, or filling up, or any culvert thereof, or the washing away of esith, caused by any state dam, under the charge of the board, may at any time within one year from the occurrence ol sucn breach or cum mencement of such leakage, or happening of the Injury occasioned by iuch culvert or dam apply to tbe board, or the proper member thereof, for damsgos. The board, or such member, and the claimant, may thereupon agree upon and appoint three disinterested persons to serve aa a communion to consider such claim, but if they cannot so ngree, the noara or sucn mcmoc. wunin a reasonaoie j are, or may oe, required by law to he filed iu time, shall apply to the governor to appoint the office ot the board, or delivered to a mem-thrree such commissioners, and the guvernor ber thereof, or lo be filed by Ihe by the board shall make nuch appointments. . Tbe coiumis- era member thereof, in any other ottlce, the sioners shall, before entering upon the dis- oalb or afiirinatiun lo the witness or affiant charge of their duties, severally take an oath i way be administered by either of the mum. a m a t. . s II 1 .1 II . I 1 ... a sssweu of affirmation, lo laitifully and impartially discharge the duties of their appointment. They shall have like powers as are herein!- fore granted to probate courts in u-siK-ct loi summoning and qualifying witnesses, and aU j or things, of any other gender; any word itn. subpoenas for witnesses issued I y them may 1 porting the singular number may be extents) served and shall be returned ta them in ded to and applied lo several persons or things; like manner as if issued by probate cnarts, j any word importing the plural number may They shall meet at such time and place as the be deemed also applicable tu a single person board or proper member thereof shall appoint, i or thing. The word "board," whu used in ana sns.il nave power to adjourn irom .ay w day, (Sundays excepted.) anil from place to place until their duties be completed. I he claimant when he prefers his claim as afore said, may deliver to the board, or member, t n whom he prerors It, tbe name oi tne post oi-fice within this state at which he desires to be addressed, and if be do so, it shnll be the duty of tbe board, or proper iiiiinilfti- thereof, to give him reasonable notice by letter addressed to him or any agent nauitdbyhiin for that purpose, at such post office, or person ally, of tbo time snd place appointed as aforesaid, for the meeting of the coininiiuiioners. The commissioners shall exmiiine ihe canal, of public works, and the several acta supuls-reservoir, or other wo'k aforesaid, where the mental and amendatory thereto, and lor the breach, leakage or' overflow occurred, or the culvert or dam, if occasioned thereby, and al so, as far as may be practicable, the property said to be injured thereby, and shall hear alt legal testimony onered by tho parties, and having done so, if they, or a majoiity ol them, shall be of the opinion that mohjniy, if any, re sulted from, defective construction of the ran- a), reservoir, culvert, or other work aforesaid, and that such defect might have been avoid d by the use of ordinary ' skill and care in tho construction thereof, or that it resulted from the want of proper care in the uiho r oragents of tbe state, in maintaining the same, or keeping the same in repair, and also, that the in jury was unavoidable by the use of reasonable precaution, vigilance and care on the part of tbe ciatmant,and then, but not otherwise tbe commissioners or a majority of them, shall award to the claimant such damages, by reason of the premises, as maybe just. Their decision, whether ip favor of, or against ihe e'amant, shall be in writing, signed by tho who concur therein; and shall bu d livered by them, with all subpoenas by them issued, and a statement of the number of days they were ongaged in the diso .arge of thoir duties t the board, or proper iiivuilier tlien-of Each of them shall receive for his so r vie. s two dollars per day, if such sei v;ces bo pcrlnnned io tbe county wherein he resides; but if performed in another county or counties, he shall receive three dollars per day, and mileaj.". at the rate of threo cents per mile. Such damages and the costs incident to tln-ir ascertainment as aforesaid, shall te paid by the board, or proper member thereof, out of any moneys appropriated by tbe general sssenilily for that purpose. Provided, however, that if the dam tges so awarded shall not exceed the costs afcresaid.such damages shall nut Ihj paid. And provided further.that if the coiiiiuissmners.iir a majority of them.determine that the climant is not entitled to damages, he i lull pay the costs. And provided further, that it shall b lawful for the board, or proper member thereol, at any time before the derision of the commissioners, to oiler to im- the claim- ant such sum of money ss Ihe board, or said member, may think him entitled to by reason of the premise?, which sum, if hs agree to accept it.shall be paid to him, and shall discharge his claim; but if he reluses to accept ol . he shall pay all costs incurred subsequent to such offer, unless a larger sum be awarded In him by the commissioners than the sum so offered. Costs for which the claimant may be come liable as aforesaid, may be recovered ol him by action in the name of tbe state. 1 he board shall cause the decision of the commis sioners to be recorded in a book to be provided by them for that purpose, and such decision shall bar the claimant from again preferring the same claim a; a nst the state. If one of the commissioners fail to serve; the other two may appoint a suitable person to fill the va cancy; u more ttinn one so tail, tne vacancies shall be filled by appointment by 'the governor. Provided, however, that when from the circumstances of the case it shall be apparent that such overflow snd consequent injury will be of frequent occurrence, it shall be the duty of the board, or member, having tbe division in charge, to proceed under this act to appropriate for tbe use of such canal, slackwater, pool, or reservoir, and easement in the property affected, and acquire the right to overflow such lands to tho extent to which they are liable to overflow by the Woiks as constructed at the time of such appropriations. and the compensation awarded to the owner shall be in full for such easvment. and shall bar any claim of the owner of such lands foi damages th roto, oocurring after the commencement of such proeeedinK for appropriation, by reason of sny overflow and conse quent injury resulting from said works as constructed at said tiuie. Sec. 14. All payments required or author ized by this sct.to be made by the board, or either of their members, shall b - made out of the moneys appropriated for the purpose by the general assembly. Sec. 15. That in all cases in which it may be necessary for the said board of publie works, by themselves or legally authorised agents, to let contracts for the petformanc of labor, or tho furnishing ol materials, for the construction of feeder, dykes, reservoirs, looks, dams, and other works and devices for perfecting and keeping in repair the public works nnder their oharge, it shall be the duty of the proper member of said board, in bis own name, or br th resident engineer having 'charge ot the division ol the public works un of the letting of said contracts by publication in uewspapers.end posting up advertisements, ' as will secure a fair and general cotiipetitiorr wn ion axi notice shall contain a statement of the time place and manner ol receiving pro. ' ' posal for aaid con tracts, and the character and magnitude or the work to be performed, tbe ' materials to be fumisbsd, or both, if required, ' for the comiruction of the proposed work,'"' "' '' and no proposal lor any such contract shall be ,: considered by tho toard in which any superin-' ' Undent, engineer or any employee upon the ' . public works or the state shall be intrusted, . . nor shall they consider any proposal that doos " not contain tbe full name or each and every " person interested in such proposal, and the ' 1 board may require the party or parties to ' whom any contract m ty be awarded, to giva security for the faithful performance thereof, , provided, however, that in cases of public ex, igency, as h rreiiibefore defined, such contracts , j may be made without such previous notice. . ; . :, , Sec 10. where the determination of any ;V , matter is or may be de velvtd by law upon the' ', , board, or either of their members, and the ex- v .. animation of witnesses shall be necessary, or . ' i proper, to enable ihem or him to determine V the same, and In all cuses in which affidavits) bars of the board. SeC. 17. To give effect ta thai trim !. of ibis act, any word herein importing 0Ba gender may be coustiued lo iucludx iwINni ; tins act, means me board ol public works. and tbe term "proper member of tho t-urH or an equivalent expression, means the member of said board ol public works, having or who may have, undei bis special charge or superviMons, the division ol the puUic works for which an appropriation of property or r.ghts may be made or attempted to be made, or lor an injury occasioned by a defect or mismana. ewent of which, as aforesaid, a claim of damages may be made. Sec. 18. The act entitled 'in Act to amend an act entitled an act to abolish tho board of canal commissioners, and ta ttvivsi ih hnavt better regulation if those having in charge iu puuuu woias oi misstste," passed Jlarch 6, 1845, and the act entitled "an act to amend tbe act entitled 'an act to provide for the internal improvements of the state of Ohio, by navigable canals,"' passed February 13,1832; and the act eutitled "an act further amend the act entitled 'an act to provide for the in-ternal improvement ol the State of Ohio, by navigable canals, passed February 27,1849; and sections fifteen, sixteen, seventen. eighteen, nineteen, twenty and twenty-one, ol the act entitled "an act for the regulation of tbe P -iC of the StaU of 0niu" Pa,l8ed April 12, 18o8, ire hereby repealed: provided, however, I bat the repeal of said acts shall in no manner affect any act done, or right that be has accrued under, or in pursuance of them or either of them; and sll pending proceed-' ings underssid act, or either nffhem m.v i completed as though this act had not been pessea, or sucn pending proceedings may, in future, so far as may be practicable, be car-nod on in conformity with tho provisions of this sot. This set shall take oflect from iu passage. WILLIAM . WOODS. Speaker of the House of Representatives. MARTIN VVELKER, . .,.. President of the Senate. April 4, 1859. No. 85 AnTcT To Prohibit the carrying or wearing of concealed weapons. Section 1. He it enacted by the General Assembly of the state ol Ohio. That whoever ' shall carry a weapon cr weapons concealed on or about his person, such as a pistol, bow is-', knife, dirk, or any other dargerous, weapon, and on conviction ol tbe first oifense shall be fined not exceeding two hundred dollars, or imprisoned in tbo county jail not more than thirty days; and for the second offense, not exceeding five hundred dollars, or imprisoned in the county jail not more than three month or both at the discretion of the court ....... Stc. J. If it shall be proved to the. jury, irom the testimony on the trial of any 'case presented undor the first section of this act. that the accused was, at tbe time of carrying . any of the weapon or weapons aforesaid en. gnged in the pursuit of any lawful business cal-ling or employment, and that the circumsten-ces io which he was placed at tbe time afore, said were such ss to justify prudent man in carryins the weapon or weapons aforesaid for the defense of bis person, properly or family. ttlA II . .Iill .... .( -r'.' .ijuituie accusea. .... Sec. 3. This set to take effect and be in force from and alter the first day of Apil next. WILLIAM B. WOODS, Speaker of the Hons of Representatives. martin welkkk, .'resident of the Senate. March 18, 1b59. Skcrktabv oi Hutu's Omen, Columbus, April 15, 18uU. ( I hereby cerli'y that the foregoing aes are true copies of tLeoricinal r..ll. Hn i .i.u office. A. P. RUSSELL, . Secretary of Stele, I hereby certify that the foretroine- are nor. rect copies ol the Laws, as furnished me by Snnrolu s-w nf 4J . . ..... wwviwiwii vi OHIO, S. W. FARQUVIAR. ' Auditor, ol Knox Co., 0. "'" Mt. Vernon, June 7, 180. SHERIFFS SALE. AN illiam M. Price vs. Jvha 1). MeKsnsie. BV VIRTUE ef aa order of -mis Issued outuf the Cuurlof t'oasaaoa fleas of .snti:.n.. uk: ndteui directed, I wUleffsrat nabliesale.al the r Juor of the eonrt boa, in Ui eity ef lit. Vernon euoxCouuty,Olilo, T On Saturday, June 25A, 1859, between the hoars ofll o'eloek, A. If. aad I P. Jjf. ".' or said day, th followiaadeseribeal real estate, to.' -' wit: Silaate la th emoty ef Knox, Ohio, sad Uf .D la the br I wur, sixth ( tvwa.bip as 4 thirteenth U1 ranee, o ko.sdod a follows.- He, th aorta by High eUreet, oa the west by lands for. taerly owned by 4. W. Miller, sine owned r Gee. Browning, the seats by a Utowne r rsal ' par lee sul ays al er. or strottmllod Cadtario Street, aad heist; ra tae etrner af Hif Cattutms streets, la Ui eity of Mount V trono.e.,-taiaiai svvsntr-foar aod eloven on haadiedlht IT. W-lOgl polos, eeonllna; te a survey snide Kv TliAaasC'.Ulukssan.M the Iflih day of April, 1R41. Tske oa exeewtloa and hi e sold aa Hit Tprty ef th asuve asaaed sVondsat to satisfy a (oris, stent la faver ef ta fUUiiff. i.vsrrEwooo, May, 11, H)jv,-nISwjprl.l,iji ttu'f. ,i .vl.t ,11 J. P.