Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1859-05-10

              S3 . . x S . 7 i .V.' - l ... .. ' VOLUME 23. MOUNT VERNON, OHIO : , TUESDAY, MAY 10. 1859. NUMBER 3. r i vi i. i ii i i ii i i i i Frora tha Msmphis Avalanche of April 26th. JIWFTL SIMM BOAT ACGIDE.YT, Explosion of ilie Steamer Sf. Nicholas Sixty burned to water s edge-Captain McMullen humed to death-Full particulars-Statement of passengers and olhtrs. ; . The-steamer St. Nicholas, Captain McMullen, from St. Louis, exploded her boilers at Island 60, under full headway, at !0 o'clock on Sunday night last, April 24lh, 1839, by which nearly sii-ty lives were lost, and the boat, wiilia jarge and valuable cargo entirely destroyed. THK EXPLOSION Took place, ns before stated, at ten o'clock on Sunday night, at the head of St. Francis Iland-J t is the opinion of all the survfvers that all the boTlers ftt he boat exploded at one time, causing' h complete and instant wreck of the boat. As is usual in such cases, no reasonable cause can be assigned for the accident. The boilers of the boat, though somewhat old, were considered safe when properly attended to, and the engineers are said to have been attentive and careful. THE BJKVISQ OF THE BOAT. Immediately after the explosion the boat took fire, the flames spreading with great rapidity, and quickly enveloping the whole boat in one sheet nf flume No imagination can conceive, no Den depict the dreadful horrors of the heart rending scene which was presented at the moment when (he fflow of the flames from the burning boat revealed the sad picture. THE DKATH OF CAPT. . m'mULLEX. Tn the vast records of disasters which have oc- curred on our Western waters there is nothing j September last, and the subsequent massacre of to compare with the heroism exhibited by Capf. three hundred arid tweuty-nine of her three hun-McMullenthe commander of the ill-fated St. dred and tlirty Chinese passengers. The survi-Nicholas. At the time of the explosion he was vor was rescued by the steamer Styx, and has on wafch, and was in the pfToFhouse. A heavyj furnished the following narrative to the Sidney, piece of timber, displaced by the explosion, j Australia, papers: caught his feet ancTheld him fast. By almost j The ship went on fhore during the night, and superhuman effort be disengaged his right 'foot when she struck, the passengers all rushed on hnt his left still remained fast. During thi time deck, making a great oiitcrv, upon which the be' exhibited great solicitiide ' for the. safetv of captain drove them till below again. : When day-persons on the boat, and tint URiil the f! hms hud 'lij-ht hrcke,; we lan.l.'d by .means' of the. boats on come witliin reach of his own b'ody .did 'he exhib'.' ati. inland, whre we remaitied two. da.rs' without it any anxiety for himf!f. .Tlifn f:nd!nr he; ConVi. a'nv water, when some- of ns went ou board the not release himself,, he .implored, thase. in reach ,f bis voice; to relieve him from his d'readfal dilem- ; ma, requesting at bi't thai some one.would brirg an axe and cut off hU leg. Every exertion whs made to relieve him but without avail, and the irjMe-Captain and trw man was consunied "by th" .1 unes, ' meet i lie- dath manhillyat his post. KtMU.K !!KnlSM. "One oflhc most aff -t-tinj incidents of thise-tir- traffedy ''occurrc'l in th .-co-siduct.of Miss K-rtndv. a cousin---f- Mr. G;ime. the chief cU'.rk, nd one nf the owuer of the boR.t. She was thrown hy: t be- xV''Kiif. frmnher stat.e'TOom ir-to the 'river,i-ani ti r-ul ibiwit to -the stern of the boat, whn she caneht her han-l - in one of'.the ritijrs rttachel to the hull 'and hung in thatperil-'-ons dilemma, when dea'h-stOKnd'thre-atening'upfn' rit-h-hahd. To loose her hold was to sink u.to. the waves, and to hold on was to burn with ide wreck to which she., was 'clinging. every moment, boin? an are of alternating hope and despair - She. remained in this position nntil ii.e fl-tmes ac-' tnnllv burned the hair and skin from hrr lif ?i the only part.cf her body above the water, except the band by which he clung to the wreck, and that was burned to a crisp. While in h s awful suspense and suffering intensely from the heat, such was her presence of iuind aud her wonderful heroism, that, as a man, who was worse stunned," perhaps, than herself, by the explosion, j as floating by her, tn a drowning condit. on, she seized him by the hair with hethdfsengaged hand ; ann neia nis iace out 01 tne water until a siiin . was brought to the rescue of both. Rr.t-IKF OF THE WOCNDEP. The Sasquehaona arrived at the scene of the disaster inTa very short time after the explosion occurred, and was instrumental in savirg many of those saved from .the wreckrofthe St. Nicholas. The wounded and all those escaping nn-burt were received on board and every attention , paid to them. On the arrival of the Susqne-banna here the wounded were taken in charge of by the city authorities and benevolent order of the Sons of Malta, and their wants attended to. FAMES OF THK KILLED AMD MISSIJCQ. Capt. McMullen, of the St. Nicholas; Mrs. Glime, clerk's wife; Mr. Dunmica, clerk's cousin; Mrs. McKnight, Mrs. Chrysup, Pitufield, HU Mr. Chrysup, do ; one lady with babe, name nn- known ; Wd, Faulkner, McGregor's Landing, Iowa, one lady, name unknown ; John Jenkins, 2d engineer; William, Few, 1st do.; John Bond, cabin boy; James Wood, 1st cook, Hillsborough - Cityj Pa.; barber, name unknown; thirteen deck bands atd firemen missing, names unknown; pas- . try cook; L. Wade, berth maker; one do., name unknown; Joseph, Diter, pantrymai; Miss Jack-flon, first chambermaid. St. Louis, five slave women; Z, D. Armor; Mr. Alexander; one gentle-m&n from. Baton Rouge, name unknown; Edward Stephens, pilot, St. Louis. STATKM EST OP MB. BLaTzS, FIEST MATE. r Mr.Blaiie, the first mate of the St. Nicholas, -. t a resident 6f St. Louis, states that at the time o( Uta disaster he was asleep in big room, in the texas of the boat, and was awakened by the "ooise of the exploeioa. Ilis first movement was to extricate himself from the wreck ofthe-tira-- "bers aroond him, which be succeeded in doinV ' -. or: and set himself to work to save as many of the T7 lie of the passengers and crew . as possible. He succeeded in reaching the yawl of the boat, which was soon lowered and filled with persons, the principal portion of whom belonged to the - bo&t. ' As soon as the yawl was filled v ,M Proceeded witn ' t the nearest part of the shore, returned to the wreck as soon as - the parsons in the yawl had disembarked, and carryicg another load to the shore. Mr. Blaize succeeded in picking up many persons who bad . been thrown into the water; and through bis ex-rtions many lives were saved, whieh wonldrin ,11 probability, bsrre beea loL Wbila Mr. Blaixe employed in picking np persons from the mcV k. ...i a. l . c r . ... wrCT,tb. yawl cf th boat Saneh.ajei came in sight immediately after the explosio0 took place, was sent ouV to the assistance of th sufferers, bat was leaking so badly as to reoder it almost entirely ineffective. Mr. Blaise states that he passed by the second clerk of the St. Nicholas, who bad been thrown into the water on the mattrass on which he was Bleeping, and supposing that be was on one of the life boats of the boat, remarked to him that as he was safe, j Je wonJJ Jeave him and go after those who struggling ,n he water Mr. plaice alter- wrda dcovered that instead of a lifY boat the clerk was on his mattrass just as . be had been I thrown troru the boat. Mr. B. gives it as his opinion that the whole number of those who were killed by the explosion, burned on the wreck or drowned, will auiuunt to from fifty-five to sixty ken entire charge of all the sufferers iri the city, j The members of this noble and philanthropic ! Order deserve much cred;t tor the promptness of j tbeir action. A REMARKABI.K rOI.YCrnEVCK. The Memphis Appeal says: It is a remarkable coincidence, that iust before the accident occurred, Capt. McMullen, a Mr. Reynolds, from Sioux city, Iowa, and a gentleman from Warrentoh. Miss., were iri the pilot house together, engayed in conversation in reference to the disaster to the steames Pennsylvania, which occurred in the same locality. The gentleman from Warrenton was a firm believer in the Calvanistie doctrine of preder tination qualifying the expression with the 'statement that he hoped he was always prepared to meet his fate, whatever that fate might be. The particular conversation had not closed, when the boat was blown into a thousand atoms, and none of the party in the pilot house were saved but the Pnoi r n-e,a Hornble Massacre by Cannibals Three Hnudred - and Thirty Persons Killed and Eten. We published about a week since a brief statement of the wreck ot the French ship 'St. Paul, on the island of Rossel, in the South Pacific, in shipanjn fa get stmc. s i.'so provision. The onptRui'lpftMn his boat with some of the. crew I an ! we were uot disturbed by the natives for a j mo.'uh after he was gone; they then came over from the nrainhiad, ; distant about three-quarters of m ii,. and .ms'le an . attack on.ns. ; S ni.e 'f..u .ha.-l u mi bie-Larrei led carbines", but we got frigh-teiic'd''-.at.id . threw .. iLem '- away. The only white, ir.au h-ft with ;Us, after the deparmre of Captatii. Pehnara,-' was. a 'Q rejfic, who,, having .armed hi!u's,elf- wuh'a cnvlass,- fjught desperately and killed a" gre-.it :raariy of the natives bfcf.jre l-.e was (ivfrii )-.ver"l. ;'J hey.'then' to.k all o.'.r c'oth-ing, wliiclj thrj partly destroyed. Any val uables that :(hey'J'juuu, such as soyereign.s, rings, tt;"1., they placid in a net bag, which each man j but it is .ri -solemn fact that T have already eollec-carrif d aruUnd his.: neik. A watch 'particularly;, ted a bis full of splendid diamonds, nearly as excited their attention, ns they were continually c nri W' -.-.t.jnrrA il. .fl.,."t' c r' f- cs iri -the glass. . At night, wo were placed in the cent.-r nf a r.h.'ar piece of ground,- and fires lit in sever t! pJar-es. thn natives keeping a regii-lar w.a':;h over us, an J tlur'.r; the day they vroujd select fuur r five I'i.ii ee. and, after killing . . i - .1. " il . .I. 1 ' . " i iurm t i ?ij 1 1!; iir-sii, -htiii eai wnai.was not r consumed, being? deposited iri their rets l licir m"ie of proceeding was as follows: The vic-ti-ns being decided 0:1, they weie taken out, and beaten all over, excepting the head, with a kind of club, and then dispatch ei by ripping the stomach-open. The body was then cut up in sma pwc.es and divided. : the finsrers, toes and ,.;., un. -f,. K.,,o were then collected, and either burnt or thrown away. I saw ten of my fellow passengers killed 1 in this way. On one occasion some of the Chi nese took a boat which belonged to the ship and went over to the mainland at night to get some water, but never returned, so we thought they had been killed. Every day they brought ns cocoanuts or some wild roots to eat. and appear ed to be quite friendly with 'us."- This state of things continued until I was taken off the island. When I left there were only four Chinese and tha Qreek alive, all the rest having been killed. I aw theae five the day the steamer came in sight, bat when the natives saw the boats com-ing oq shore, they took them to the mountains. I was. sick and lame, and they would not carry me, so that I watched my opportunity and contrived to conceal myself among the rocks until the boat came on shore,' .They are vsry numerous, hut do not agpear to have any chiefs among them. They live on cocoaants, of which there are large quantities, and kind of yam, which they roast before eating; but; beyond a few dogs, I Saw neither animals nor fowls of any kind. GREAT EARTIIIJIAKE IX ECUADOR! City of Quito destroyed 2,000 to 5,000 . Lives LosL Farther Particulars. On the 22d day of March, at half-past eight in the morning, an earthquake, which shook the mountain range of the Chimboraso for the space of four minutes, destroyed almost entirely the city of Qaitof and tilled from 2,000 to 5,000 per sons, ihe cnarcces, monasteries, convents and State edifices are almost all rent to fragments. The Convent of San Augostin, the Tabernacle de la Capilla, the Temple of the Segrario, the Cathedral, the Convent of Santa Catalan a, the Palacio del Obispo, the Chapel of la Merced, the Chapels of the .Cathedral, of the Compania, of the Hospital, of Carnien ' Vajo, the cloisters of the OonenV of SinU Domingo, a part of the Convictorio of San Fernandb, are all - partially or wholly in ruins.. Also, tb convents of San Diego, Santa Clara and Santa Barbara. Thara is icarcely a house ia Ale "city that is cot badly damaged. 1 ; Minister of the Interior, a great part of the Col lege of San Lois, and ihe splendid mansion, of Dr. Albnja, have also fallen. AIL the principal buildings of the neighboring towns of San An tonio, Cofocolla, Machacha, Chillogallo and Mag-4 dalena have been destroyed. The loss of property is estimated at three millions of dollars; and from the poverty of the people it will be im possible to repair and rebuild any great number of the better class of edi&ees destroyed. The shocks r ,. , t a u . . - e &nJ Alaum, and in Timpnlto the earth opened in various places, The earthquake was also felt at Quayaquil, but did no damage there.: The temples of San Francisco, del Sagrario nJ Santa Clara were of a beautiful architecture; the temples ah convents of Santa Domingo, la Merced and SSn Augustin, all bad fine stone fa cades and towers; the temples of Santa Cataliua and Coricepcion, and the Hospital, also had stone f.icades. ' ' Quito is said to contain about 50,000 inhabi- L . T. ,. .,. - ' . . .. . j ,ants- U ' bmh on an esfpns,re PIa,n- .inst ; the mountains of Panecillo and Pichincha, and , .is about 9,500 feet above tho level of the sea. Most of the houses are two stories, some three J and a part one story. Man are built of burnt brick, with handsome facades, but the greatest portion are unburned brick or above. A Baron Munchausen at Pike's Peak. : About the tallest specimen of lying that has lately corne under our observation, we copy from an exchange. It is as follows: Young gentlemen afflicted with Pike's Peak fever, will be interested in the following statement from a reliable gentleman in the" new El Dorado of the manner. of gathering gold in the diggings. A man takes a frame work 'of heavy timber, built like a stone boat, the bottom of which is composed of heavy iron rasps. This frame work is hoisted up to the top of the Peak, and the man gets on and slides down the side of the mountain. As he goes swiftly down, the rasps on the bottom of the frame work scrape off the gold in immense shavings, which curl up on the machine, and by the time the man gets to the bottom nearly a ton of gold is following him. This is the common manner of gathering it. - Another plan is to bore a hole in the side of the mountain, and fill it with coal and bitumen. A rousing fire is then built and the proprietors sit around and "blow it." Shortly the gold begins to soften and melt, when quicklv a stream of molten gold', as thick as your leg. runs 'put through the fire, and is caught in moulds of sand made for the purpose, from whence the gold comes in sheets eight or ten feet square, of the thickness of first-class boiler iron. Gold is too plenty here, in fact. A paper of tobacco will buy two tons of it, .- I am turning mv attention to somethThn" dTf-ferent. 1 have found in the Gulch from which I date this letter, lumps of gold; nearly as large as a hand sled, fairly encrusted with diamonds. I have -dropped the gold business -since, and. have been steadily laboring in the diamond department. Vou will not believe me, perhaps, large as yoir fist more or less ; among them ! o -a r,r, i, t i .,.'. .1, i,:. r i. ; ! I?rorn-tho Ietrnit Free Press. r Gone Back to her Colored Individual. i iin ouusuu gin, wnose.eiopeuien.i iroin 1 otui- j ac with tr.e. nigxer Joe soma titne: since caused ! considerable talk, is now in Canada living with I him, having again deserted bet home and friends.-( , . . . . - ! - - ... v. uie-occa.sMm vi .ner--lormer : eropemeni .,ner J father and brother reclaimed her with great dif ficulty and took her to Indiana, where a divorce was obtained. .She went home with, them and remained until last week, when she again left, with or without the consent of her parents, and came to Detroit. Crossing the river 6he found Joe, and tbey were speedily married for the sec ond time, and are how living in the enjoyment of connubial happiness, Joe having sold his horse and cart and bought some furnitutre with the proceeds. ' : -' The disgusting farce is at last consummated, and we have as the result the spectacle of a well educated, intelligent, young woman, living in the marriage relation with a lame and toothless old nigger, under the pretense of love." It is the fruits of the doctrine taught in her father's family, the sme as that taught by abolitionists generally, and so far from being repugnant to them, if we may believe the nigger, and he is the most credible party they were cognizant of and favored the intimacy. He says , boldly that Sirs. Judson knew all about it, and we have no doubt that he tells the truth. The delectable couple are living in the negro quarter of Windsor and are the object of much solicitude and curiosity; What renders the matter stane and unaccountable is; that the girl is not ah idiot, as would naturally, be supposed, but thai she is, as. we have said before, intelligent, good looking, and well educated. Her parents are wealthy, and she bad, to all appearance, a good home. Death of De Tocqueville. The well-knowu author of "Democracy in A-merica" is dead. He came to this country in 1829 as One of the Commissioners appointed by the French Government to examine and report upon our penitentiary system. After a few years residence here, ha returned to France and published bis great work, which immediately gave him a high rank among the profousdest thinkers of the aee. M. De Tocqueville was- a descendant of Malesherbes, the famous philosopher. He was J udge of instruction at Versaillies previous to his visit to Amerioa. He was in the French Legislature during the reign of Louis Phillippe, and under the Presidency of Louis Napoleon Bonapart, held the portfo'iia of Foreign AffAirs. His age at his death was 54. Williara Tell Oatdoae. - We saw a spoilsman of this city, on Saturday last shoot an apple from the head of a friend with a rifle.' The apple was plumped neatly - through the center, and the young man who had made a target of himself seemed to regard the matter as a very good joke. B7 request we omit the names, but Touch for the truth of the'statemenL The distance was about fifteen feet, and we were shown two apples that had been bit In the same way previous to our amiraL -Ertan! CswranL .. ..ittB.iuwwnuwKUi ww sent va me tat ..tj.-j,; The sportsman ought to ba sent to the Stat pcdlisued dt ADTnonmr. No. J95 :. tt VAN ACT t I , a i,",..' To amend Section Six (6), Fifteen (15),Twenty-Five 25 and Twe'nty-Seven (27), of the act enti tied an act to further provid e for the jJetter Kegulation oi the Keceipt, Disbursement and Safe-Keeping of the Public Keve nue, passced April 12, 185S. Skc. 1, Be it enacted by the General Assembly of the State of Ohio, That section six of the act, entitled "an act further to provide for the better regulation of the receipt, disbursement and safe-keeping of the pobli re venuev passed April 12th IH5$, be so amended as to read as follows: Sec 6. The treasurer of state shall, on presentation, pay all warrants drawn on the treasury by the au.litur tf state, duly certified and countersigned by the comptrolter, when there are funds in th treasury belonging to the particular fund on which the said warrant is drawn, in the manner prescribed in section thirteen of the act -e,LR.b!isb t" independent trevsury of the State ot Ohio, passed April 12, 185S; and on pav- meat of the same, he shall- lake the. receipt of tho person presenting the said warrant arid enti tied to receive such payment, on the face of such warrant, and in full lor the amount specified therein; and the treasurer shall write on theace thereef the wonipaid," which warrant when so paid and cancelled, shall be numbered in the order in which it is paid, and he shall record .the same in an appropriate book kepi for that purpose, and file the same in his office, as his voucher for so much money paid oat, and he shall credit himself with the amount of the warrant paid, in his account against the particular fund appro priated, and for which he baa charged himself, as herein provided, to as to keep an exact debit and credit account of each, particular fund in his office. ;-. - Sec. 2. That section fifteen (15) of tho afore said act be so amended as to read as follows: Sec. 15. It is hereby made the duty of the auditor and treasurer of each and every county in this state, conjointly to make out and cause to be published ia at least one newspaper of general circulation in the county in and for which they are such auditor and treasurer, a statement of the exact amount of money existing in the treasury of such county at the close of the last business day in each of the months of February and August in every -year, and oftencr, if the epmmissioners of the county shall so direct; particularly specifying in such statements theamount belonging to each particular fund, together with all other property, bonds, securities, claims, as sets and effects, belongine to the county, in the custody or under the control of such treasurer. Sueh'stateroent shall be. signed by said county treasurer and said county auditor; and the ex pense of such publication shall' be paid out of the county treasury on warrant fer warrants drawn by the..county auditors, particularly specifying the same; and if at any time it shall be found that such statement was untrue or false in regard to the amount of. money and other property then" on band and" in the treasury, the said treasurer and the said auditor making the same, shall, without regard to lapse of time, be held to be guilty of a brewed ,f trust and hiehtnismeanor and on trial by indictment, and "convirnton tbereof,be-fore any court of competent jurisdiction, shall be had, to the same punishment as is provided in and by the act hereby amended, or by the "act to establish the independent treasury of the State of Ohio," passed A pril 1 2, 1858, or by law for the punishment of embezzlement. . '. Skc. 3. That section' twenty-five (25) of the aforesaid act be so amended as. to rea'1 as follows: Sec. 2.". All costs and expnes of the safe-keep jng and disbursement, according t6 the require- ir,ents of the. act hereby amended, and of the ; act "tn. establish the independent treasury ot the ! j ilie several counties or townships, ehall - be paid j """i and ei-aht of the act entitled la.i actio in-i h? the treasurer of the .pr'vier county, -under ."the' corporate' the several turnpike companies there- i supervision- ot thA oonntr coTimisi'.rnor nn1 f j county au-iitor of such . county, by ihe wur. j COU!lty auditor of sn.-h .Kra.it" of Vtie saM auditor, 111 Va 11 H H -HHr trt- sury, and -.ce-rtined- '..by aiuii cjmniissi nprs as i ne,oojecv tor wn.cn u wss ..rawn Ana any Failure, or neglect, or refusal on the part of ,nw . coant-: treasurer' to provide soecia for the any. payments ' of fperje out of his treasury without unnecessary inconvenience or ' trouble or , . individual loss or expense to the tax-payers in I . 1 -1 j - .11.1 . . t ! me mannrn- prescrioea in ami oy ine turtfentn ( 14) section of the act entitled "an act to estab' f .lish the independent treasury of the Stale of Ohio, - passed April 12, 18 )t, shall be deemed and held in law to be a misdemeanor, and on his trial and conviction, thereof, by sisidictment before any court having competent jurisdiction, he shall-be sentenced for each such offence to pay a fine of not less than twenty' dollars n;r more than five, hundred dollars'. And each county treasurer shall make a settlement with the county commissioners and county auditor of his county semi-annually, as provided by law; and he shall be allowed for his services, two and one-half per centum on all moneys by him received, and two and one-half per centum on all moneys by him paid out during the preceding half year, where each sum so received or so paid out shall not exceed fifty dollars; and on all sums so received or so paid out, exceeding fifty dollars and not exceeding one hundred dollars each, one and one half per centum; and on all sums, so received or paid out, exceeding one hundred dollars and hot exceeding two hundred dollars each, one per centum: and on all sums, ao received or paid out, exceeding two hundred dollars aud .not exceeding .five hundred dlrara each oncbaif of one per centum"; and on all sums, so received or paid but, exceeding five hundred dollars each, one-qu alter of one per centum, for receiving into, and one quarter of one per centum for paying nut "of the tkeasury as aforesaid, hereby express. ly exceptinjr that which may be collected on the t ax du plicate, and that col leoted for taxes on de linquent or forreitecWand.s,'by sale of such lands or otherwise, and excepting also that on which some other rV'o.of compensatron is fixed by law. And said treasurer shall be credited with the sum by him paid for printing such advertisements as h- is required to publish in some newspaper, and with the snm by nim pain tor blank books and stationery necessarily used in his office; provided that no per centage shall be allowed to the treasurer on any money by hi m received from bis predecessor in office, or from the legal representatives of such predecessor. Sec 4. That section twenty-seven (27) of the aforesaid act be so amended as to read as follows: Sec. 27. The county commissioners of each county in this State, are hereby required to provide, as soon as practicable aftar the passaga af this act, all such rooms or offices, and construct such firs and burglar proof vault, or provid soch fir and burglar proof safe, and other means of security, in tba office of th county treasurer in the publie buildings of each county, as may b needed by the county treasurer for the perfect protection and safe keeping of .ttie money therein. ' And if any county commissioner or county commissioners of any county in this state shall fail, or neglect, or refuse to provide and furnish the county treasurer of their countr, such fire, proof and burglar proof safe or rault, for the safe-keepicg of th public money therein, as- the said treasurer snail reqaire or demand ia writing, any suck commissioner or commissioners, so failing, neglecting or refusing to provid th same, shall be and on trial and conviction thereof, before any court having competent jartsdictton, shall be severally fined, for the use of the county, by the court before which anch trial and conviction is bad, in any sum not exceeding one thousand dol-lara, nor less than one hundred dollars, with cost of prosecution, at the discretion of the said court for each such offense and the said county commissioner or commissioners, so failing, or neglecting, or refusing to furnish the same, shall moreover be held liable on his or their official bond, and also in his or their pritata capacity, to pay ibr the use of the county, for all amounts of money or property that may be stolen, robbed, or unlawfully taken from such county treasury during the time between the period when such requisition or demand shall have been made by any such treasurer, and the time when such vault, safe, and other means of security, may be furnished to such treasurer by such commissioner or commissioners. - - .; Sec. 5. That the original sections six (G). fifteen ( 15), twenty-five 25, and twenty seven (27 of the at hereby amended, and section thirty-one SI, of the act entitled an act prescribing the duties of county treasurers, passed March 12, ia.il, and took effect June 1, 1831. be and the same are hereby repealed; provided, that the re peal ot the said sections of said acts shall not affect. the" rights acquired under them or either of them, or affect any liability, civil or criminal, growing out of, or arising under,-said " sections of said acts, or either of them, or the prosecution of them to final judgment, agreeably to the law heretofore existing. Skc. 2. This act shall take effect and be in force from, and alter the date of its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN" WELKER, President of tho Senate? - April 5, 1859. No. jSfi.J V . AN ACT : To amend the 10th section of an act defining the Jurisdiction, and regulating the Practice of Probate Courts, passed March 14, 1853, took effect July 1, 1853. Skc. 1. Be it enacted by the General Assembly of the State of Ohio, That the tenth section of said act be amended as to read as follows, Sec. 10. Tho judges of said courts shall have the care and custody of all files, papers, books and records, belonging to the probate office, and are. hereby -authorized and empowered to perform the duties, of clerks of their own courts. Every probate judge shall have power to appoint a deputy clerk or clerks, each of whom shall, previously to entering upon the duties of his appointment, take an oath or affirmation, faithfully to perform all his duties at deputy clerk; and when so qualifiad, said deputy may do and perform any and all the duties appertaining, to the office of clerk of said court; and every deputy clerk is hereby anthoried to administer oaths in all casss in which it is necessary, in the discharge of his duties as such deputy clerk, - Every probate judge may take such security from his deputy, as he may deem necessary to secure the faithful performance of the. duties of his appointment-provided, that no such clerk shall, while holding such office, practice as an attorney in any of the courts of this State. ' r - Sec. 2. That tho said original tenth section be aiid.jthsarnwaM'4fhyepe4d to. tako effect fromnd after ita pAsxaee. WILLIAM B. WOODS, Speaker of .the House of Representatives. MARTIN WELKER. President of the Senate. - April 5, 1859. so 19R - AN ACT. ; Co r-pe! the fifth, sixth, seventh and eighth seoi ions of the act entiiled '"ait actio ineorpor-at' the several Turnpike Companies therein - name ! in Green County, - . '-' Skc. I. He it enacted by the General Assem Tn nanon, jn. urea county, . rm ana in eam r h"rhv rppAalel.. saving to all person, nAtnr- iniiaii'l H HI Mil' in i iiiw uvuu,4 unuv, . sections nerenyrepaietj WILLIAM n. WOODS, Speaker of the House of RepresentatWes, MARTIN WELKEK, President of the Senate. April 5. 1859. . No. IPO 1 AN ACT " - - . ; To establish a Uniform . Standard of Weights and Measures. SiF.r. I H.i it enarfd bv the General Ass em b!y of the State of Ohio, Whenever the follow. ing articles are sold, and.no special agreement as tn measure is made by the contracting parties the bushel shall consist of the followine weieht; Clover seed. RO pounds; timothy seed. A't pounds; hemp seed. 4 t pounds; millet sed, 50 pounds; bnckwheat, 50 pounds; beans. 60 pounds; peas. fiO pounds; hominy, 60 pounds; Irish potatoes. 60 pnnnds; sweet potatoes, 50 pounds; dried peaches. 3.1 pounds; dried apples, 25 pounds; wheat, 60 pounds; shelled corn, 56 pounds; corn irrthe ear, 70 pounds; rye, 5G pounds; flax seed 56 pounds; barley, 4S pounds; oats, 32 pbnndo; malt, 34 pounds; Hungarian grass seed, 50 pnnnds. ' - - - .- Sr.r-. 2. The act providing for a unifnirtn standard of. weights and mrasnrs, passed Feb-niarv 21. IS 16, alsn the art estahlishin? the wi?bt of clover seed, passed February 25, 18 19. nr hereby repealed. Sec1, rt. This art shall take effect and be in force from and after its nassaere. WILLIAM R. WOODS, - Speaker of the TTnnQ of Rprsntatives. MARTIN WELKER, 1 President of the Senate. April 5, 1850. Nn. 200. . - ; AN ACT. ; . MaVmtr additional appropriations for the rear is.10. , ; ' :- SpCTtni 1. Be it enacted bv fh fJoneral Assembly ff tb Statft of Qhin, That the following sums, in . addition to former appropriations, be and the same are hereby appropriated out of any money in the state treasury for general reve. nne pnrpnes, to be paid on the warrant of the auditor of state, according to law, forthe year nne . thousand eight hundred and fiftv-nine. -For the pavment of th lientenan.t-yovernor, members of the general assembly, their clerks Aistant clerks, sergeant-at-arma, their assistant, and messa?er boys, two thoneand dollars. For tha payment to the Ohio Statesman and StaU Journal, for printing resorts of th proceedings of tba general assembly, rweaty dollars. Run. 2. This act shall take effect asd ba in force from and after its passaee, WILLL4.3IB. WOODS. . Speaker of th House of Reovaantative. k . MARTIN WELKER; . Presideat of the Senate. April 5, 1859. " ' - . No. 20L AN ACT Further to prevent tha taking of Usurious Interest on tha rart of Banks, and to present Con-. fession of udgmefits"oa Warrantsof Attorney . in favor rf Bank. . - . .- v-r: Sec 1. Tie it anaAtd b-r th General A sem My Af th State of Ohis That whenever usurious interest shall have been ehargad or taken in this stat by any bacb. whether mcorporatad by lawful for any party or parties to an action brought upon any bond, bill, note or other instrument of writing in which such usurious interest shall have been charged or iacloded, at any tine before or after judgment to set up and prove the taking or demand of such usurious interest, without tendering to such, bank the legal amount of debt and interest due on such obligation. " . . - Skc. 2, That in all cases in whichindo'Tnint shall have been heretofore rendered in favor of such bank or banks upon default, or upon i a war- rant of attorney to confess judgment, it shall be me amy or the court in which such judgment was rendered, at any time before such judgment shall have beeq satisfied, upon affidavit of any defendant against whom stfch judgment was rendered, setting forth the facts constituting such usurious demand, to set aside such judgment, and permit such defendant or defendants to file bis or their answer in said action, setting up such usurious demand, without tendering to such bank the legal amount of debt and interest due on the bond, bill, note or other obligation upon which said action: was founded. Skc. 3. That all judgments by confession hereafter rendered in favor of banks, or in favor of officers or agents of banks, or ivarra-ntsof attorney, shall be absolutely null and void. WILLIAM B. WOODS, Speaker of the House of Representatives - MARTIN. WELKER, April. 5, 1833. President of the Senate. No. 202J . AN ACT Making Appropriations for the Payment of Interest on the State Debt, the Payment of a portion of the Principal thereof, and the pay. ment of the Expenses of the Board of Com- missioners of the sinking Fund. SetTro.v 1. Be it enacted by the General Assembly of the State of Ohio, That the following sums be, and they hereby are, appropriated from any moneys in the treasury belonging to th sinking fund. - : j. For the payment of the eemi-anonal interest to come due on the foreign funded debt of the state on the first day of July, 1859, arid the first day of January, 1860, and the semi-annual interest on the domestic debt of the State to come due on the first day of May and the first day of November, 1859, the sum of eight hundred sixty-four thousand, five hundred eighty-four and 50-100 dollars, ($864,584, 50;) Forthe payment of interest on school and trust funds held by the state, the snm of one hundred fifty-six thousand dollars, $156,000; For the payment of a portion of the funded debt of the state, being the amount of the sinking fund, as established and fixed by the constitution applicable thereto for the year 1859, the sum of one hundred fifty thousand, three hundred sixty-three dollars, $150,363; For the payment of the salary of the agent of the state in the city of New York, and for office rent and necessary incidental expenses thereof, the sum of four thousand dollars, 4,000; For the payment of the salary of the clerk in the olfics of the commUsioners of the sinking fund at the seat of government, and the necessary incidental expenses of said office, the snm of two thousand five hundred dollars, 2,500; For. the payment of. engraving printing, stationery, and other expeosas, nectssary to th d,??cH8r th jdutipf th commUsianer of the sinking fund, the sum of seven thousand do!-Urs, $7,000; . For tLe payment of the expenses of said commissioners in going to, at, and returning from the city of New York, in the discharge of tbeir official duties, the sum of twelve hundred dollars, 1.200; - f For the contingent fond of said board of com-missioners of the sinking fund; the sum of one thousand dollar, 1.000; For Ihe construction of a fire and burglar proof vault in the office of said commissioners in the state house, the sum of t'wentvSve hun dred dollars. 2,500; . " - Seo. 2. This Act shall take e.Tact 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 5, 1859. No. 20 4.J AN ACT To amond "An art tn provide affainst the Evils Resulting from tho Sale of Intoxicating Li.1, quors in tne Mate of Ohio, passed May 1, 1854. - . .-,"-. . " - . "- .. ;. Sicctiov 1. - Be it enacted by the General Assembly of the State of Ohio, I'hat-section five of the act to prori e: ajainst-the evils resulting from thrt sale of - intoxicating liquors in the state ot Uaio, pa-sd May U 18o4, b, amended so as to read as ."follows: Sec. 5.. That it, (hall be unlawful for any person to get intoxicated, and every person found in a state of intoxication, shall upon conviction thereof, be fined in the sum of five dollars, and pay the costs of prosecution.Sc. 2. Thai section eight of the same act be amended so a to read as follows: Sec. b. That for vry violation ol the provirtoiut of the firt, second and third sections of thi act, every person so olTending, uhall forfeit and psy a tine of not less than five nor more than fifty dollars, or be imprisoned in the jail of the county for not less than ten nor mora than thirty days, or both of them, at the discretion of the court, aid nh'all pay the cot of prosecution, and for every viola-lion of the provision of t.e fourth section of thi act, every person convicted as the keeper of any places therein declared to be nusiawces, shall forfeit aud pay a fiqe of not less than fifty nor more than one hundred dollars, or be imprisoned In the jail of the county jr not less than twenty nor more than fifly dy, or both, at the discrete n of thw court, and pay the cost of prosecution, and sitch place or places so kept by such person c persons so convicted, shall be shut up and abated upon th order of the court before w hom such con-vic ion may be had, until such time as such person or persons keeping such place or pUces, shall g ve bond and sciirity to the aeceptancoof said court, in the penal sum of one thousand dollars payable to the state of Ohio, condiitoned that he or they will not seil intoxicating liquors contrary to the laws of the state, and will pay all fines, costs and damages asneKed against such keeper or keepers, for every violation thereof, aud in case cf a forfeiture of such bond, sulu may be brought thereon fr the use of any person Interested, or for the use of the county, in case of a finr or coU due such county; provided, that tbe provisions of the first and fourth sections of this act, shall sot extend to the sale of the wine manufactured of the pore juice of th grap cultivated in this state, or beer, ale or cider. Bsc 3. Sectloos five and eight of tha act of which this act u amendatory, are hereby repealed; Pre Tided, thai soch repeal shall la no wise effect any liabilities civil er criminal fnearred under the said aey.tioBs ao repealed nor any proceedings under them. 7 r Smb. 4. This act shall take effect from and afUr Its passage. WILLIAM B. WOODS. Bpeaksr of th Bona of RapreeenUtlves. - MARTIN WELKER, Prasident of tha Senaia. April $,1?&9. TNo. 205 - AN ACT To amend the second section of an act ntitled "An act to canstltate the county of Hamilton a separate district for lurji tic asylum purpoeaa, and to provide far tha erection and government W aa asylum tlerela, paswni March JO, 1557. Secna. 1. Be It enacted br the Gensral As- amblyf tkaEuu of Ohio. That sacUoatwaaf thaahoTrcf?ad set ha to asecdsias t? reai as passage of thle aet, aa aooa Utreaftar as may bm eonvevrent, there shall be appointed a (ward f three directors forthe government of amid asylaia, one of whom shall be appointed ia the same meaner as are the trustee af tha state kaaatie asylums , and tha remaining two by th county commissioners of Hamilton county. They shall b cilisens of tha county of Harotltew, a4 eball held the office for the term of threa years, exeept aa herein provided, and uaiU their successors ar pointed and qualified. At tha first rooetiag af the trustees appornted under the provision of tat act, the two trustees appointed by the ce-aaty com missioners ot Hamilton county, shall detannia by lot their term of service, so that one of then shall serve for t ha term' of ue year, and cm far the term of two "r, and at thi time of the expiration of their respective terms of service, fixed, as aforesaid, the county commissioners aforesaid shall appoint one trustee, who shall serve for la term of three years. They shall posseas like powers, aud receive the same cotupenaatfoa sa the-trustees of the state I unatle asylum, and ehil be subject to the same regulation and restrictions are provided for the government of the stale lunatic asyiums, so far as tha sama may b ppiicabie said irusiceS shall have no power to make aay changes in the general plan of said asylum, but the county. commissioners shall complete the aan in accordance with the present plan and specifications without material alteration. Stc. 2. Section two of the act to h:ch thi Is amendntory ba and is hereby repealed Tbi act shall take elf.-ct and be in force from aud after its passage. U'lLLIAM B. WOODS. Speaker of the House of KepresuUitiv. MARTIN WELKER. i'resiiieut of Uve 8ert. . April 5, No. 124. AN ACT Supplementary to an act to ro(jn1at the Election, Conte8tof: Election, and tlie resignation of. Justices of the Peace, passed March 11, 1863. . ' iSsc. 1. Be it enacted by the Gnnernl Assembly of the State of Ohio, That In all cases w her th corporate limits ot any city or incorporated village are now or hereafter may be co-ex',? naive wnh the limits of any lowiijihip ia -which said city or-incorporated. viiiage ij or shall be situated, and lr cases in which the towuship baa been or may be-come merged in any city or incorporated viila-w the corporato existence of such township shall nevertheless continue 'or the purpose of electing therein justice of the peace and constables for such township, who shall be voted for on the same piece of paper. Sec. In all such rasws, justices ef the peace; and constables, to tfte nuuitter now alluwed, or which may be hereafter ai!r'd, to such township, may bo elected by the qualified voters thvreof , at the times and in the manner now or hereaftor to be prescribed for the election of justices of.th'v peace and countablea iu other townships, except that ia townships wherein the olTice of township trustee baa been abolished, all the rights, powers and duties in connection with .uchelecti devolving upon township trustees in other townships, shall be devolved upon ami performed by thcitjr councilof such city and the trustees ol such incorporated village aforesaid. william n. rc-oons. Speaker of the House ot K-presentatives. . MA U IIS WEI.K.KR. I'resideut of the Seuat. March 23. 1Sj3. No. 127 I AN AT o amend section fi9 of an act psssed May tt. 1557, entitled "an act to provide for live organ Isaliooi f aitioaaud Jsjcorpomted villagw." Scctiom 1. lie It enacted by the Genera Anwrn-bly of the cute of Ohio, That section sixly-ain of an act eutllied "an act to provide for the organ-, ization of cities and Incorporated ril'sgee," paaaed May 3, 1S52, he so miteiHiud 0.4 lo reaO as followst Sec. 69. The qnalified-voters of each city of th-second class shall elect a City Marshal, who- shall hold his oflke for one year; a City Treasure r, who shall bold bis office for ouo year;7 Cfty Clerk, who shall JioM bis otTico for two years; and a City Solicitor, who si ml I hold hi orTis I'nr two wears. Each of sild olfi-ce.rs shali continuo In oiSsce trnt4 hia successor is elected and qualified, and shall have such powers and perform -such duties aa ar prescribed by any ordinance ot th city aotiiMan-distent therewith. Sec. 2 -Thst the nM original secfKfi slxty-nthe bo and the sa-moia hereby repeie,i. Src. 3. Tliis. act ahaM kake erb-ct and le inforca from and after lu pas.-.g. W ILI.IAM Ti, WOOiiS, Speaker of tho H".e oi ii-pre-uiatfv, MA UHN WELKEK,-Piehilei.t i( tue Stbate. March 23, 1 ':. i No. 133 AN ACT ' ; Supplementary to an act-entitled "an act trt pr(v- vide for the ornuii-iirouji. of.Citie d Inca--. " poraled Vii'iagt-s," passed M'y 3. 152. tiKCTiON 1 He it en-icted by tne General Assembly of the tale of Ohio, Tnat lh cily cuooeil of ail cities of the first clas. vhicb, at tue Vat"lele-TjI ceiiHUfl, had a population exceeding richly IhoM-and, sliall liiive' power to provide ur tho ptini(-mont of vagrant, com mo 11 street beggar, rumintiR prostitutes, habitual disturbers of th.; peace, known or reputed pickpockets, burglars and thieves, watch stutT'-rs, ball-game players, persons who practice any trick, iihino ,r tievtc4 with iuletil to nwiodle persons who ahiiso their families, aud aftckUH persons who can give no reasonable account of themselves; a id such puiiinhment may oe either by imposing and collectiug fines or by imprisonment at hard labor, ur both at the oisrretion ef the court; provided, that 110 such person shall be fined for a tingte offense to exceed tiity dollars, and that such imprisonment at har.1 labor shall, lor the first -offence, not excewd thirty day", for the second offeuse niu-ly riays, for tne third offense six months, and for the fourth, or auy further repetition of the ofTenae, OBe-yr. Tby shall have power to providetiiat all prrsons who shall refuse or neglect to pay the fine ImposeU on eeuviction of any efT-ri!, jogether with ihe cost of prosecution, shall be fmprisoned and kept at hard labor unti', at the rate of seventy-live cents for ear.h, day's labor, exclusive of Suudays. they shall hare earned an amount equal to such fine and costs They shall also have power to make snttaSU regulations to conduct such labor to tha best advantage, and in a manner oaiitti with the age, set and health of the prisoucts, and such labor may be dona at the city prison, tha city work-house, or elsewhere, if within a suitable enclosure, and under the charge of such officers or other persons aa the city council may select. And the said city council may also provide suitable hospitals for the reception and care of such prinoners as may be diseased or disabled, the araa to he uuder anch regulations and under the charge of such persons as the council may by ordinance direct. Sec. 2. This act shall Uke effect aud be In fore a from and after its passage. WILLIAM rt. OOPS. Speaker ef the House ot Representative. MARTIN WELKER, Prescient of tha Senate. March 29, 1859. No. T6 AK ACT To amend the ascend section of "an ae to previia .or the aaiform govsrament and better regola- tion of the Lunatic Asylama af tha State, and the car of Idiot and the Insane." Section 1. B It snacted by tha General Assembly of th But of Ohio, That the sweond (2) see-tion of an set to provide for tba no form geera-mant asd better ragolation of tba lunatic asylum f thssUVe.aad tha ears of idiots and tha lnaana,, passed April 7, 1P55, ba so amended as lo read aa follows: So. 2 The following counties ahal! compose tha northern district, which shall be a Use had O tb aortharn lanatle asyloro. located at New burgh, to-wit: W ill Umt, Fulton, Seneca, Weed, Ottowa, Sandusky, Leaa. Ene. Iluran, Loraia. Medlar, Cayabega, SamsolW Lake, Geaara, Portage, Ashtabula, Trumbalt, Mahoning aud Columbiana.Tho folio wis g 8-wnties shall eomposa tbr--. tral district. and ba attached to tha eeBtral 1 -.'-.-rvlara, loeaUd at Co.'onbns, !: Stark, Way r- e, .., T- -