Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1859-06-14

              VOLUME XXIII. 0. Tour Days Later from Europe. Arrival of the City of Washington. IMPORTANT FROM THE SEAT OF WAR. Battle of Montebello! SEVERE ENGAGEMENT! THE- AUSTRIANS DEFEATED WITH A LOSS OF 2,OOOI 700 TRENCH AND SARDINIANS KILLED! aj a w a. a. v u - The steamshipCity of Washington, with dates from Liverpool to the 25th ult., four days later than those furnished bv the America at Halifax, has been intercepted off Cape Race by the news-yacht of the Associated Press, and the following interesting intelligence obtained: . The news is of great importance, as announcing lh Rrat !mnnrtn! hlrttr in TfH.tr.- The Allied and Austrian forces have met and the latter have been defeated. -The battle took place at Montebello, a town of Austrian Italy. The Aastriaus were 15,000 strong, and made the attack. After a severe engagement, they were obliged to retreat, with a loss estimated at two thousand. The Allied Army lost seven hundred. A number of Austrians bad been captured and taken prisoners to Marseilles. The Liverpool Cotton market was quiet, and prices were somewhat easier, but there is no change reported in the quotations. Breadstuff du l. Provision steady. Oq the London 'Change, Consols closed at 91i92. ' The steamer Africa, from New York, had arrived at Liverpool.. Particulars of the Battle. Death or the Kin? or A'aples. Thebattle of Montebello took place on the "21at of May. . The Austrians, who were commanded by General Stadion, attacked the posts of Marshal Baraguay D'HilUers. "They were driven back by General Forey's division afier a furious combat, which" lasted four hours. The '4ti:.. . :-J .u -l ir .i...ir j:j aiuci carrieu ion wu ui uiuuieueuu, uut uiu not pursue the Austrians. Two hundred Austrians, including "Colonel , were captured and taken to Marseilles. The Austrians .were fifteen thousand strong, Tbeylost two thousand men-the Allies seven hundred, among. whom were many officers. The Austrian accounts of the bailie differ widely from the above. Tl'.e actual foce of the. French is ; not stated, hut it is reported that it numbered t,000 men, besides a regiment of Sardinian cavalry. 5 A bulletin issued by the Sardinian Government announces that the extreme left of the Sar-dinian army, under General Baldiui, had forced a passage ovgrthe river Sesia, putting the Aut- frtana tr fllirhf a laua wis uiuit. . General Garibaldi had entered ; Gaven with 6.000 men, for a revolutionary purpose. ' : It was rumored that six English mcn-of war Lad entered xh Adriatic Sea. Revolutionary movements are reported in Lorn, bardy. The King of Naples is deadend Francis II. assnmcd the government of Naples. The British Admiralty has formally invited tenders for the carriage of a monthly mail to and from Australia via Panama. A general ruling of the stockholder of the Atlantic Telegraph Company had been called to sanction the agreement with the Government, and to issue 600,000 new capital. The Paris Moniteur annouces that France adheres to the abolition of privateering, and the principle that a neutral flag covers the enemie's goods. - ' - Breadstuffs Messrs. Richardson, Spence & Co.' circular reports that the whether continues favorable for crops. Breadstuff continued dull Floor dull, with but little inquiry, and prices were weak, j American is quoted at ll14s per cental. Wheat steady. An average business has been done, without quotable change; western red 810s Cd; white 10a 6(3 (ail Is 3dj southern 10s 9dl3s. Corn dull and slow of sale, but "prices are unaltered; mixed 6s 8d6s lOd; yellow 6s 107 3d; white 8s8s 9d; Provisions The market is steady. Pork is firm at 8590a. Bacon'quiet at 54s lOd. Lard dull but firm.. TERRIBLE TRAGEDY IN ST. LOUIS. Assassination of Joseph Charless Immense Excitement Condemnation of the . Shaw Verdict. St. Louis, June 3. Joseph Charless, President of the Mechanics' Charless & Blow, was shot to day by Joseph W. Thornton. The latter, four years ago, was Teller of the Boatmen's Saving Institution, and robbed it of orer $20,000. On his trial, a year ago, when h escaped conviction by some legal flaw, Mr. Charless, then President of the Bank of Missouri, testified to the mutilated condition of part of the stolen money deposited by Thornton. Meeting Charles on the street, at nine o'clock, be said, with an oath, Yon perjured yourself lo disgrac mer and fired with a revolver, shooting iim tMinl ARM ntiM! U hah . L . v. . a . - u hiivuu vuh ooay, and, as he fell, shot him again in the back. . diaries is hourly expected to d'e, both wounds being pronboaced fatal. Being much beloved, this affair has caused Jntence excitement. . The street in front of bis bouse has been crowded all day, and the jail, where Thornton U confined in caam, is oeset by a crowd, of two thousand.peo. pie. They had resolved to bang the prisoner M oon as Charles died. The military have been called out, and a barricade is erected around the wa!! of th i ail-wsj-a ..., c - . " - - - entrance oi ta. nob. Chaa. T). 1WV. v.v- i. Charless, aud others, made speeches, recommending order, : ' ; ' The hundred-thousand-dollar verdict against Shaw is loudly condemned by the community. This last paragraph refers to the great verdict in the breach of promise case, lately tried in St. Louis. ; The defendant was worth over a million of dollars, and the lady is represented as not very old nor bad looking. The gentleman must value money very little, for we have lots of fine and gallant fellows here that would marry Beelzebub's daughter for half the money. Seven Bodies Found in the River. Last Thursday afternoon, as a fisherman was cruising in Long Island Sound, his attention was attracted by a singular looking box floating in the water. He immediately approached it, and fastening it to bis boat, towed it to shore. Here the mysterious box was opened, and, to the horror of those present, was found to contain no less than seven dead bodies packed in lime and shavings. On further examination the bodies were found to be those of an elderly gentleman and lady, a young gentleman and lady, a little girl, apparently about 6ix years old, and a boy of about four years old. There . was also a colored man. The bodies were packed away very tightly, and to enable them to be crammed into the box the head of the negro had been cut off and stowed near his feat, and the legsof the elderly man werebentback atthe knees. An inquest was held, but noevidence could be adduced io throw light upon the fearful mystery. Of course the ereatest excitement pre vails in the vicinity, and various speculations are afloat in regard to the matter. The fact that the bodies wera dressed oojy in night clothes led many to suppose that a whole family, with the servant, had been attacked, robbed, murdered at night, and thus disposed of. The night clothes are of the finest texture, and ornamented with lace, and the expensive appearance of these garments leads to the supposition that the unfortunate victims were persons of wealth. The bodies are in a good state of preservation, excepting about the breast,, where they are somewhat decomposed, probably by the action of the lime. A wound, supposed to result from a dagger stab, is visible on one of the bodies, but there are no other evidences of violence. The faces of the deceased are disfigured by the lime and water, si it would be difficult to recognize them. : A physician who examined the remains thought thev had been in the water about seventy hours. BBMOnnHMnMMDMMIIBB MEETING AT THE CITY HALL. FIRST BLOW 1 TIIE BATTLE! From the Ohio Statesman, June 5lb.3 A very large and enthusiastic meeting assem: bled, at a few hours notice, at the City Hall last night. The people are extreroelv excited and Uudigtiant at the atrocious outrage committed by the .Republican Convention, in. attempting, to punish Joseph R. Swan for doing his duty, his whole duty, and nothing but his duty, as a Judge upon the Bench. .This determined the Democracy to bold a meeting. - It was called to order by Judge Rankin, who moved that Peter Amos take the Chair. John Pugh was appointed Secretary, and Judge Warden was Called upon to address the meeting. He was received with a fine ovation of applause. We can do nothing more than fu:nish a . meagre sketch of a; powerful aud unanswerable speech, which ought to be publishes in extenso and widely circulated. : He was not there to discuss a question personal to any man, and yet he might say it was personal to every man in these United States who lovea-liberty ; for it was whether liberty could be preserved without respect to the Constitution and the la wg. A Judge bad been virtually struck from the Bench by the voice of faction and fa- naticism for performing bis duty. Never before, in any country, as he believed, had a Judge been arraigned for adhering to the settled construction of the Constitution. The expositions of that in strument by the Supreme Court of the United States, bad been sanctioned by Congress aud bv the people. -Ever si ice 1793 they had been ac quiesced in. Had they not been acceptable'to the people the Constitution would have been a-mended. But it was known that the people were attached to the Constitution as thus expounded in reference to the rendition of fugitives. They knew that the clause had been the means by which was brought about and by which was main-tamed the Union of the States. He was opposed to the slavery of the black man, though born in alave State j but he was not willing to sacrifice the freedom of the white man, which could not exist, if faction was suffered to dictate to the judges a departure from the settled and invaria ble construction of the Constitution of the United States. . . - Nobody was opposed to Judge Swan's nomination inside of the Republican organization until this case arose. Commonly, when a man is to be stricken down it is because he has not done his duty. J udge Swan is punished because he could not be deterred from doing his duty. A great mass Convention had been held at Cleveland to overawe the judges while the question was pending in the Court. Governor Chase went to iL and dragged your abused sovereignty there with him. His province was to protect the law, not break it; but he counselled the Convention to break the law under the forms of law. He coun selled them to the passage of a resolution, which if not trampled upon as it was. and as it onffhtto have been, must have had the effect of coercing the judges in the discharge of their official du- ties. Not satisfied with that, he tent the Attor ney General into court to argue against the fed eral iaw, iu order that the EwaU'ra influence might be brought t bear aooa the conrt. But by the firmness and integrity of three Judges, these machinations had failed. They had vindicated th ConsUtutioa (according to th settled construction which bad prevailed fmm wt-. of the framersof it. v ! s v - v It might bare been apposed haVJadea Sw baring thus glveo proof of hi coara?a. 4 U 'political tegrity, would be re-nominated by acclamation. Instead of that the Convention does all in its power to disgrace his name. This at time when it had acquired a degree of lustre which it would probably never otherwise have attained. It was now dear to the State, and would always be remembered in connection with this great constitutional decision. It would remain iodissolu" bly connected with a principle, sn interest, a struggle just now beginning in which' the people would infallibly triumph. Judge Warden continued in a strain of lofty and impassioned eloquence; be said that he had left the Democratic party, believing that by defeat it would correct what he believed lo be errors, but had never ceased to regard 'it as the time-honored guardian of the Constitution. All minor matters were now overshadowed by the paramount question, shall the Constitution be maintained or not. In that view, he had do hesitation in declaring himself with the Democracy, for, said he, "we must be Greeks when traitors take the field!" With that he concluded amidst a storm of applause; Mr. Cox was then called for and addresssd the people in his usual happy and forcible manner. We can do no more at this late hour than just advert to his speech in this brief manner. The people, we are delighted to say, are aroused. The Republican party has cut its Own throat. run lis i st:i hy authority. No. 159. AN ACT To provide for thej-euewal, and to regnlate the final payment, of the Funded Debt of the Slate. Section 1. Be it enacted by the General Assembly of the State of Ohio: That the commissioners of the sinking fund for the time being are hereby authorized, fully empowered and required, at periods previous to, and near the time that any portion of the funded debt ot this State shall become payable according to the terms expressed upon. the face of the certificates thereof, to make out in due form and maimer, and with all the sactionsrequired by law for the making of certificates of the funded debt of this States, and issue such an amount and number of such certificates of the funded, debt of this State as shall be sufficient in amount to redeem so much of said debt then about coming payable, as shall not have been paid or fuhy provided for by the application of the sinking fund, as established and tixed rjy the constitution. And such an amou'ul of all such certificates of the funded debt so to be issued to. redeem any part of the said debt coming payable, shall be made redeem" able and payable in each succeeding and consecutive year after being issued, as the sinking fund established and fixed -by the constitution applicable in such year, and described in and by the ncrwdul herein, will pay; which schedule is hereby ' made part of this . act, as explanatory thereof, so that a Certain amount of .such certificates of such debt so issut-d shall be made payable and redeemable absolutely every year in each consecutive year, until the whole of the same shall be paid. And on making and issuing said certificates, the time and place of redemp tion and payment of the principal, and the payment of the interest, by the State, and the rate of interest, "shall be clarlyexpresed upon the face of the certificate. -And each certificate shall also have conspicueusly and plainly inttcrihed upon its face the words, "renewal of the funded debt of the State of Ohio,' and the said commissioners of the einking fund shall keep sepe-rate accounts and registries ot the issue, trans-iers, payment of. interest, and the final redemption and payment of the principal of the saire. Sec. 2. The folio wif g schedule-of the sinking fund as established andfixed by the constitution of the State of Ohio, and applicable yearly commencing in theyear eighteen hundred and fifty two, (1852,) to the payment of the debt of the State, and referred to, and made a part of this act, as explanatory thereof, by the preceding section thereof, to-wit: AMOCXT OK year 1852,.. year 1853,.' year 1854,. year 1855,. year, 1856,. year 1857.. year 1858, year 1859,.. year I860, . year 1861,.. year 1862,. THE SINKING FUND. ..$100,000 .. 106,000 ..112.360 ..119,102 .. 126,248 .. 133,823 ..141.852 .. 150,363 .. 159,385 168,948 For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the For the 00 00 00 00 00 00 00 00 00 00 00 00 00 179.985 189,830 201.220 year year year 1863, 1864, 1865,. 213.293 00 226.091 00 year 1866,.. year 1867,- year 1868,-. year 1869... year 1870,.. year 1871,. year 1872,., year 1873,.. year 1874,.. year 1875,.. year 1876,.. year 1877... year 1878,.; 239.656 254.035 269.277 285.434 302.560 320.714 339.957 00 00 00 00 00 00 00 360.354 00 381,975 00 .X. 404,894 00 429,188 454.939 482,235 00 00 year year 1879,.. 1880,.. 00 511,163 00 541,839 00 year 1881,., year 1882... year 1883,.. year 1884,. year 1885,., year 1886,;. year 1887,.; year 1888... year 1889, , year 1890,.; year 1891,.; 574.349 608.810 645339 G84.059 725.103 768.609 814,726 863.610 00 00 00 00 00 00 00 00 915,427r00 230,769 20 To pay balance of funded foreign and domestic debt of State... .$ 1 4,736,627 20 Deduct Sinking Fund for yers 1852 : to 1858, inclusive, already applied 839,383 00 ' ;" $13,897,242 20 Shall be, and hereby is made a guide and a direction obligatory upon the commissioners of the sinking fund, for the time being, in the discharge of their official duties. ' Sec. 3. All or any portion of such certificates of the funded debt of the state so to be renewed as herein described, may be made and issued with the principal and interest payable at the treasury of the state, at the seat of government, or at the office of the agency of' the state in the bity of New York, and at no "other place what, ever. And all certificates of the funded debt so issued aa a domestic debt, the principal and Interest of which is made 'payable at the treasury of the state, shall be issued payable to the party or parties taking the aame, his, her, or their order, a the ease may be. ' " "v. Sea 4. The interest on all certiScatet of the funded debt of the state, so to be issued as a domestic debt to renew any portion of ibe fund ed debt of the state coming payable aj aforesaid, shall be made payable semi-anuually, (every si months,) on the first day ot February and on the first day of August in each year, from the time of their being issued. And the interest on all the certificates of the funded debt of the state so to be issued as a foreign debt, to renew any portion of the'lunded debt of the state coming payable as aforesaid, shall be made payablejemi-annually, (every six months,) on the firdtday of January and on the first day of July io each year, from the time of their being issued. And no certificate of said funded debt so issued as a foreign debt, the principal and interest of which shall be made payable in the city of New York, shall be issued for a less denomination or amount than one thousand dollars, nor for any fraction al part of one thousand dollars above that sum; but certificates of the funded debt so renewed, the principal and interest of which is made pay able at the treasury ot the state, at the seat of government of the state, as a domestic debt, may be issued in amounts of one hundred dol lard, or of five hundred dollars, or of one thou Band dollars, as may be preferred by the party or parties taking the same, and also for any frac tional partot the sinking tuna of any year. And there may be attached to all such certificates so issued v a domestic deW, interest coupons, or debentures, for every six months interest comme due and payable, from the time of the issuing of such certificate to the period of the final rederop- lion ana payment ot tne same; which interest, coupons, or debentures may be takes by the county treasurers in lieu of moneys in payment ot taxes due the state, tb at is to say the interest, coupons, or debentures coming due on the first day of February in any year, may be taken for taxes due the preceding Oth of December, and interest, coupons or debentures coming due on the first day of August in any year roar be ta ken for taxes due the preceding 20th of June, and be received, from them by the treasurer of state in lieu of money, and paid over on the war rant of ihe auditor of state, drawn on the reoui sition of the commissioners of the sinking fund. according to the requirements of law for the pay ment of the interest on the funded debt of the state; but no such coupon or debenture shall be taken by any county treasurer, or be rece:ved by any county treasurer of by the treasurer of state, or by the commissiOness of the sinking lund, tor a greater sum or amount than the sira pie interest expressed therein; and all such coupons or debentures so. paid by the state shall be canceled, classified, arranged and carefully re corded, and preserved in a , book or books, to be kept for that qnrpose by the said commissioners of the sinking fund, in their office, at the eeat of government; in lieu of the duplicate pay rolls as required in regard to the payment of the semi- anniiaMriterest on the foreign funded of the state. And it shall also be a part: of-the official duties of said commissioners to raake such requisition as aforeeaid; and it shall be' a part of the official duties of the auditor of stale lo draw such warrant on the tre-Kiirer of state for the pavineover- as aforesaid, of all such coupons or debentures as often as once in each week . (and oftener if deemed essential to the interest of the state by either the auditor of state or Hhe said com mis- ioners,j in wnicn any oi tne said coupons or debeutens shall have been Received into the state treasury as aforesaid. Anth treasurer of state ahull also wall ouVn4 TpjjisTr rn ' hit riflice, complete schedules of all such coupons or de benuiFes 6o received by him from county t re a surers. and paid over to the commissioners of the linking fuud on the warrant of the auditor of state, drawn as aforesaid; and also fchall fur nish copies of all such schedules -to the comp troller of the treasnry at the chise of business in each day, iu which any such coupons or deben tures paid ovr by him. - . Skc. 5. It is hereby made the special duty of the commissioners of the amkiug fund to advertise for proposals or bids for the taking of all or any portion of the funded debt of the state so to be renewed, as herein provided as a domestic debt as bereiu described, for the tt-rm of atleaVt six months next preceding the time set for the Closing ot such bids or prtpos:tls for the taking of such domestic debt, in at least one newipiper of general circulation, published in each couuty of the. state. And whatever portion of the said debt so to be renewed, at such time as shall remain without being taken as such domestic debt on the terms herein specified, after the expiration of the said term of six months in which the same may be taken as such domestic debt as aforesaid, shall be offered by the said board of commissioners of the sinking fund for the sale in the city of New York as a foreign debt; and fur that purpose, the said coram isioners shall advertise for proposals or bids for the same in at least two newspapers of general circulation, published in the city of New York, for term of at least sixty days next preceding the day set for the closing cf the bids or proposals fur the taking of tbe aaia. And all certificates of such renewed funded debt that may be issued as such domestic debt, as herein described, shall -he issued by the said commissioners pf the sinking fund to the party or parties who shall take the same as such domestic debt as aforesaid, at the lowest rate of interest not exceeding six per centum per annum, and at par, that being the full amouut as expressed upou the face of the certificates thereof. And for all uch part or portion of the funded debt of the state to to be renewed, that shall not be taken as a domestic debt as aforesaid, within the term of six months as aforesaid, the said commissioners of the sinking fund shall issue the certificates thereof to such party or parties, who shall agree to take the same with the principal and interest thereon; payable in the city of New York, aa a foreign debt, as herein specified, at the highest rate of premium for such as shall bear interest at the rate ot six per centum per annum, or at the lowest rate of interest, under six pr centum per annum, at par, as the. said commiss'oners may judge to be most for the interest of the state; provided, that no bids or offers to take either at ' a domestic or a foreign debt containing fractional par U of one per ceulum other than out quarter over half or three quarters shall be received, and in no case . shnll there be any certificate of the ' funded debt of this state issued ao to redeem any portion of the funded debt of this State coming payable, that ah ail bear a higher rate of interest titan six per cent, per annum; nor shall any such certificate beariog. interest at the rate of six per cent, per annum be Issued, sold, exchanged, or disposed cf, in airy way whatever, by the said com-miMioaers at a price teas than par. Nor ah all there be any commissioners expanse, or charge all wed en the. sale and conversion thereof into money that shall red ace the net amount brought into the state treasury below the amount expressed upon the face of the certificate, ao issued. Sac 6. That la all eases where there shall be more tl an one bid, er proposal , to take any portion of the funded debt of the state so to be renewed, either as domestic debt, or aa a foreign debt, as herein described, at a rate aaual to each Other, and moat to th interest of the state, the commissioners of the sinking fund shall apportion the amount equally and fairly between the parties making such bids or proposals; provided, that bids for the smallest amoaota of the doaaeaUe debt shall be preferred to bids for larger amounts at the am rate.. '. . '. . . ScV7. Any holder of a certificate of foreign dibt of the state may at any time eurrender the am to the commissioners of the slaking fund and receive la li thereof a certificate of equal mount of the domestic debt as therein specified, and aid commissions shall make the (necessary registries and entries on their books and cancelations and transfers thereof. ? - ..; 8kc 8. The following schedule or statement of the funded debt of the auto exhltiOsj thsaiaoaaU and the times when the' various portions thereof come payable by the aisle, to-wit: Of tl foreign dbt. tbe principal and Interest of Which ia payable ia the City of New x ork: 1st. Six millions, four hundred and thirteen thouaand, three hundred twenty-five dollars, twenty -seven centa, beariug lutereat at tbe rate of six percent, par annum, coming payable, at the pleasure of the aute, after the 31 at day of December, 1860. . .... ... ,;.'...$. 6,41325 27 Ifd. One "million and twenty-five -thousaud dollar, bearing iu to rest at the rate of five cent, per an num, coming ptyable, at pleasure of the state, a'ter the 31t day of December, 1665............... . 1,025,000 00 3d. Two millions, one hnodred aud eighty-three thousand, five hundred tbirty-ono dollars audaioe-ty-threo csuta, beariug interest at the rate of aix per cent, per annum, coming payable at pleasure of the state, after the 31st day of-December, 1870...,. 2,133,531 U3 4th, One million, six hundred thousand dollars, bearing interest at : the rate of six percent por annum, coming payable, at the pleaaure of the state after the 31el day of De cember, lb75. . . .... . ... . . .. .. . l.COO.OOO 00 5th; Two miiiious, four hundred thousaud dollars, bearing interest at the rale ot six per cent per annum, coming payable, at the pleasure of the stale, after the 3lst day of December, 18e6.. ...... . 2,400,000 00 Amount of the foreign debt.. . 13,61,857 23 Gtb .1 wo uuudred aud aventy-firo .thousand, three hundred eighty-five dollars, bing the amount of the domestic debt, tbe principal and Intereat of which la payable . at the seat of government..... Total amouotof the foreign aud-domestic funded debt of the : state on the 1st day oi January, 1659, ihirteeu millions, eight huodred mnely-seveu thousaud two hundred forty- 275,335 00 two dollars and twenty cents 13,897,242 23 Is hereby made a guide and a direction obligatory upou the commissioners of the sinking fuud, for the time bting, in the discharge of their official duties, and is also hereby made a pirt of this act. as explanatory thereof. And the commissioners of the siiikiug fund, in carrying Into enct the provisions and requirements of this act, are hereby required to issue the certificates of renewal of thi said funded debt, aud annually apply tbe sinking fund iu the paytneut thereof, r irst, to the renew al and payment in full of the Jirtt debt comingpay- ablr, which will be on the first day of January, eighteen hundred and sixty-one, (leCI.J and t .en to the portion of tlis said debt next coming paya ble, and so on in order and in succession, so that the portion of the said debt first coming payable shall be first fully redeemed and paid; and the cer tificate first issued shall.be for the earliest period of redemption and payment, and so on in such succesKion and order that the certificates last is sued shall be for the redemption aud payment of the portion of the funded debt last coming payable, uuyl the entire amount, and every portion thereof, shall be fully re learned and paid. It ia, however, hereby expressly declared that the temporary debt of the slate, created lo reimburse the treasury by the act of Ap'il la. lbo3. amounting to seven hundred Ihoosaad dollars, the payment of which being provided for' by a spectai tax, is not incudeq in, but it expressly excepted from txe ob ration of this act. : " Sr.c. 9. The commissioners of the sinking fund ar hereby required to report to the Governor at the time of making their semi-annual reports, and at such other times as the Governor may require; and also to the General Assembly, or to either branch thereof, If so required by joint resolution f the Ireneral Assembly, or by resolution of ei ther branch thereof, alt and singular their acts and proceedings, dene under, and by authority of this act or by or under authority of any of its provisions aud requirements. And If the General Assembly should not be in session at the time that any such report Is made to the Uovernor, or if such report or reports -should be made more than two moiiyis previous to the- time when the General Assembly is to meet, at either a regular session nr atan adjourned or called session thereof, then, and in that case, it shall be a part of the official duties of the Governor to cause . any such report to be published in at least two newspapers of gen eral circulation., published al the seat of government, and in at least' two such papers. published in each of the cities of Cincinnati and Cleveland. Skc 10. This act shall take effect and be in force on and after its passage. WILLIAM B. WOODS. . Speaker of the House of Representatives, MARTIN WELKER, President of the Senate. April 2, 1859. No. 59.1 AN ACT To fix thecompensstion of County Commissioners. ectioh. 1. ixs it enacted by tbe General As sembly of the State of. Ohio, That each county commissioner shall be allowed two dollars and fifty cents per day, for each and every day that he may be employed iu his official duties, aud fire cents per mile in going to and returning from tbe county seat for each regular- or called session, not exceeding in the whole eight sessions in any one year, to be paid out of the county treasury upon the warrant of the cou nty auditor, except In counties in which, by the last feoeral census the popu- ation amounted to one hundred thousand or up wards, in which counties each commissioner shall be allowed five dollars per day for his services. to be paid oat of county treasury asaforesaiJ, H kg. U. I hat the act entitled "an .act to regu- ate the fees of officers in civil and criminal cases," passed April 8, 1856, be and the same is hereby repealed. Sfc. 3- This act shall take effect and be la force from and after its passage. WILLIAM B. WOODS, Speaker of the House of Representatives. : k. basse rr LANGDON, : President pro teal, of tbe Senate. March 10, 1859. No 98. AN ACT. ' lieUting to the partition of R;a! Estate held in - comm in by Religions Societies. Sxctiow 1. Be it enacted by the General Assembly of the Suto of Ohio, Ttoat in all case where twa religious societies or coagragatiooa, by gift or purchase, have procured laud upon which to erect a house of public worship and other buildings for church or school purposes, and for a burial ground aud cemetery, in common, and either of said societies or congregations shall be desirous of abandoning the joiut or common use of said house of public worship or other erections, it shall be competent for the court ot coramoo pleas, upon application of either of said societies or congregations, to make partition of the use of said com moo property, except the burial ground and cemeterr, which may continue to be used in common. Sec 2.' In case said court of .common pleas shall order parthioa of said premises so occupied in com moo, it shall be necessary to specify io said order for what purpose partition ol the use is made; and how" and for what purpose the use of the premises allotted to each party shall be . occupied, and in so case shall said premises or any part . thereof be occupie 1 . for any' other purflose than the erection of a house of worship aud other erections connected there-with. - - - : ' - ' ' . Skc. 3. "P The court of common , pleas shall in no case order partition of the use of said com. moa property, unless the same can be do' ia sect manner as to occasion no ccBfusioa or ip. make such -rules, regulations and by-laws as may convenience to either party in - tbe separate csXbe necessc y for their irgulation, and consisted of the common property. The laws sow ia force regulating tbe mode and taaaner of proceedis fr the partition of property beld ia common, shall be applicable to the proceedings contemplated ia this law, and in addiliou thereto the commissioners appointed by the court shall report to the court whether in their opinion, partition of the nse can be made in such mauner as to occasion no confusion or inconvenience to either party, in the seperate use of the common property. Sec 5. This act shall take effect and be in force from and after its passage. WILLIAM B. WOODS, . Speaker of the House ef Representatives, MARTIN WELKER, President of the Senate. March 26, 1859. No. 99 AN ACT To authorize Coacty Commissioners to Surrender free Turnpike Roads in certaiu cases. : Sec. I. Ba it enacted by tbe General Assembly of the State of Ohio. That the county commissioners of the. several counties ia this state shall have power, whenever, in their opinion, ihe i public interests will, be subserved thereby, to surrender to any turnpike company, now existing or hereafter to be created or organized under the laws of this state, any free turnpike or other road in auy county or counties in this state, and direct that the taxes levied and collected under the act to which this act is supplementary, shall be paid over to such turnpike company, in case in which such taxes shall not have been disposed of under the act to which this is supplementary, to oe expended ia constructing or repairing tbe road, to construct or repair which the samo was levied. . Sec. 2. That any turnpike company receiv ing such surreader of any such free turnpike or. otoerroad ia this state, or the taxes collected to construct and repair such road, under the act to which this act is supplementary, shall issue to the persons upon whose property such taxes have been levied, certificates of stock for the amount of taxes by them respectively paid, upon which they shall be entitled to dividends, pro rata, another stockholders may be, upon their stock. : Sec. 3. That whenever three consecutive miles of such road have been, or may be, constructed and finished, according to law the directors of such company may establish a toll gate thereon; aud for every additional five miles, finished as aforesaid, an additional gate, and may demand and receive tolls thereat, at rates not exceediug the rates now allowed by an act to provide for the creation and regulation of in. corporad companies io the State of Ohio, passed May 1, 1&52. aud the acts amendatorv and supplementary thereof to other companies. oil-. . mat in ail elections for directors of such company, each stockholder shall be allowed one vote for each fehare o: stock by him held aud one vote for each fraction greater than half a share. . Sec. 5. This Act shall take efTect and be in force from and after its passage. WILLIAM B. WOODS, . Speaker of the IIousejf Representatives. MARTIN WELKER, March 26, 18j9. President of the Senate. No. 165 AN ACT Io authority associations of persons for carrying freight oa any of the navigable waters of the State of Ohio, and the lakes and navigable rivers bordering thereon. Skc. I. Be it enacted by the General Assembly of the Sute of Ohio. That any number of natural persons not less than five, being citizens of the State of Ohio,, may become a body cor porate, with all the rights, privileges and Dowers conferred, and subject to all the restrictions of this act. Sac, 2. That any number of persons as i aforesaid, associating themselves together for the purpose of transporting freight on any of the navigable rivers in the state of Ohio, and anv of the lakes and naviabla rivers Hnrdrinr uicituu, iuuu uuuer tueir nana seats, mate a Wam.nm et.11 I .1 . 1 , . 1 certificate, which shall specify as follows; First, the name assumed by such -aom pan v or associa tion and by which .it shall be known; second, the name of the county or place where the princi pal omce or sucn company is situate: third, the amount oi capital stock, not to be less than two thousand dollars, and the amount of each share. Such certificate shall be acknowledged before a justice of the peace or other proper officer, and snau oe torwaroea to the secretary of State who shall record and earefulfv preserve the aama in his office: and a copy thereof, dulr certified bv the secretary of state, uuder the great seal ot the state of Ohio, shall be evidence of such cor poration or company. oeo. 3. lhat when the foregoing provisions have been complied with, the persons named as corporators in said certificate, are hereby author ized to carry into effect the objects named in said certificate, in accordance with the provisions of this act; and they and their associates, suc cessors and assigns, by the name and style pro vided in said certificate, shall thereafter be deemed a bodr corporate, with succession with power to sue and be sued, plea! aud be impleaded, defended, contract and be contracted with; to make and nse a common seal,, and the same to alter or break at pleasure; and to do all needful acts to carry into effect the objecU for which it U created. . Skc. 4. Any company or association, organized for the purposes aforesaid, shall have power to build, purchase, and hold such number of steamboats or other vessels, and such ether personal property, as may be deemed necessary for commencing and conducting the business of the association; and shall have power to sell the same, or any part thereof, ia Such manner, and fjr such purpose, as may be prescribed by the rules aud regulations of the company, and not inconsistent with the laws of this state. And said company shall have power to carry any articles, of freight or produce upon any of the navigable sf reams in the state of Ohio, and on any of the lakes and navigable rivers bordering thereon; and shall be governed by tbe same law not inconsistent with this act, which govern individuals in. such employments. ! Skc. 5. The aunual meeting of the stockholders of such company, after the first election of directors, shall be held at such time as the directors may prescribe, at which meeting the directors of the company shall be elected, and such other lawful business done as the stockholders may deem necessary and proper; and sboald they fail to elect directors at the annua meeting, they shall . bold a special meeting at some subsequent time for that purpose, by giv ing thirty days notice thereof in some newspaper io general circulation in the county where the principal office of aucb company is situated. The director shall hold their office until their successors are chosen and qualified, and shall have power to' fill all vacancies io their body; but no person shall be a director after ceasing to be a stockholder. Immediately after the election of directors, they shall' elect one of their number president of the corporation, and may appoint loch other aSceri and agents as they may deem proper to transact their busineaa, and may prescribe tbe amount of compensation to be allowed for their, services; and such ofScern and senta, when required by the by-laws, roles and regulation, shall giva bond to the sali faction of the directors for tbe faithful discf-are-e of the trust committed to tbem. Sail directors shall have power and are hereby aphorize! lo with th corjilitution and laws cf ibis state: ther shall hav tb general rascazersert ef th af fiirs of the compaoi aad day e cf ths residee of all capital stack at aey'time remaining unsubscribed, iu aucb. manner as the stockholders for the time being may prescribe,' and, shall employ the capital and meaus of the company as they shall deem best for carrying on the-business for which it was organized, subject always to the control of the stockholders; ,ihy shall caude a record to be kept of all stock sub- r.rihAd nr tMntf.pm? anit' f T1 K&i .in - . actiooa, and their books and records ab all at ail a . reason we limes no open to me inspeeuon of any and every stockholder; they stall also, when required, present lo tho atockholders reports ia writing of the situation and amount of ti in issaa sf the company, and declare and make such dividend of the profits of the company, not reducing th capital stock while they havo oalsUadiog liabilities, as they shall deem expedient.. Sec. 6. The persons named la mid eertlilcat of incorporation, era majority of thorn. shaU h commissioners to open bosks for aubocriultoa lo the capital stock of said company, at suck time and places as they shall deem proper, and aaki company are authorized to commence opsraUona upon tho subscription of eighty per coat, of said stock. An Installment of thirty per cent, on each snare oi stock snau do mad la cash at too time ef making tho subscription, and tho residue thereof shall bo paid in such Installments, at sacU times and places, and to such persons as person or parsons subscribing to the capital stock of such company shall fail to make payment for such subscription, or any part thereof, at the time or Urns prescribed by tho directors, th said company shall have power to proceed by suit to collect th same in any court of competent jurisdiction, Skc. 7. Each stockholder shall be Individually liable for all tho debts of tb company ta aa amount equal to the amount of bis subscriptiosi thereon in addition thereto. Skc. 8. This act shall take effect and b La faro from and after the dat of its pastar. WILLIAM B. WOODS, Speaker of th House of Representative. MARTIN WELKER, April 2, 1853. President of th SsnaU- No. 103.1 ' AN ACT " 1 To amend an act entitled "an act to establish al- teiations In Stale aad Couuty Roads, paas4 March 25th. 1854. r Scction 1. B it enacted by tho General As sembly of the btato or Ohio, That 11 is first section of tbe act entitled "aa act to establish alterations In stats aud countv roads." ImsdJ U khlv amended so as to read as follows: Sou t. Thai all alterations of state or eounty rads, that ar now or shall hereafter bo lawfully mad aad established, shall form a part of said road, and so much of th original road as lies between point at which tbe alteration intersected, or Iatsrsacu, shall be and remain vaealed. Skc. 2. That the original section on to which this is an amendment is hereby repealed. Skc. 3. This act shall take effoct aud be Id fore from and after it passage. s . niLUliU U. WUVJU3, . Speaker of the House of Representative. MARTIN WELKhlR. President of th Senate. March 26, 1S59. . No. 72. ' ANACT Supplementary to an act entitled "an act to incorporate tb Stat Bank of Ohio and other Banking Companies, passed February 24, 1645. bccrioif. 1. B it enacted by the General Assembly of the Slate of Ohio, That whenever a receiver shall hare been or shall hereafter be appointed pa raoaat to th 41at section of the act t which this act Is amendatory, a eerlifical by th clerk of th proper court of th appointment of such receiver shall bo sufficient authority to bias to take possession of th books, property, rights credits, and effects of every description of Ihe Independent banking company, ia respect of which no is sucn receiver, ana snail b full authority t the sheriff of th county where such hanking company is located, to giv such receiver full posV session of such- books, property, rights, crodits, j or . ..w . - j . r . i ... . . uu wKu whu ino aia oi uis county it rvquirea so to do, by such receiver. - . Sec. 2. Whenever the said receiver shall ha" reason to believe that any such banking company K . ImiiuI baim aI ..lw.itt;.ki. I : 1 . . 1 act to which this act is an amendment, or that such banking company is entitled to any rights, credita, or effects, which have been Improperly taken by any officer, employee, or atockholuor thereof, or any other person, and which are in tb hands of the laker o r any other person or persons to whom the sums may liar been transferred, or into whose hands the same may have otherwise come, it shall bo the duty of such receive, to investigate fully all the facts and eircumstice touching such transaction, and for that purpos ho is hereby authorized, it he deem It necessary and proper to do so, lo issue iu bp an as for auy persona found within th coo jtv, where such subpoena shall be issued, commanding them to attend before him at a time and place, ia such couuty, f b designated ta the subposoa, to testify, touching such matters as may be enquired of them by th receiver, and such subpoeua shall be served by th sheriff of such county, aud the receiver mayaiao insert in such subpeenas, a clause requiring tho production bt-fore him of such books and paper as may be designated therein, and li shall hay the samo power to en lore ebsdlencs lo such subpoenas, and to punish for disobedience thsrets and ' for refusing to testify fa such Case, that jusUooa of the peace are clothed with In all eases of smpo-nas issued by them. Skc- 3. Siich receiver rosy institute suit l.i hi own name as such receiver, for all rights, erodlts, and effects, belouging to such bankiug company, in either the court of common pleas orsprior court of Franklin county; and upon such. suit being instituted, he shall file in such court a report of his doings, together with th testimony take a up to that Urns as such receiver, and all the testimony shall stand in ail respects as th testimony taken y a master duly appoint la nch cas, and any party Q th suit may except to aa part of such report, and atk a new rr.ranra. ar fk further testimony.'and th court shall have fail power to proceed oa the case, as it may deem proper as in other cases after reference aud report made by a master; provided that nothing herein contained shall b held to deprive any party tssnch suit of trial b jury wbre soch party woald hat been entitled , lo a jury trial. If tb receiver h4 filed no such report- Skc. 4. TbU act shall tak eflct from aad after Its passage. WILLIAM B. WOODS, Speaker of th Houm of ReproseuUtive. E. BASSE TT LANG DON. - - President pro teu of th asutls. March 14, lb53. No. 55. AN ACT To exempt from sal and Execution certaia Property therein named. Prcnow 1. Be It enacted by th General As-mbly of tb Bute f Ohio, That all fir gins, hoso, ho carriage, hooks, ladders, aad fir buckets, together with any vehicle, machinery of any kind, used or kept to b used by auy incorporated city, village, r fire company, for th purpos of extinguishing fir bo and tb sam I hereby exempt from execution aad sale lo satisfy auy judgment, dec re r debt riIcg from contract or otherwise: provMsd, that if any Incorporated city. Tillage, or firs company that Is th proper owner of any such property abovspei-fid,d voluntarily create a lien ther by bill of al r mortgage, such lien shall bo -valid I low, and not s?Urtul l w t K .M.l.lu l this act; provided, however, that the provisions of this act shall not apply to, r ia any way a fleet tHo remedy upon nyeDtract aw ax U ting-, r jadg-raeut rendered rAtt at fa w eOO tract ia aav court of this state. . Sc 2. Thi act hall .tale aTcct aad b la force from andiaft It p. V7ILLIAAI D- TTOOrr, Speaker cf tb House of r.refitt.;;ves, i i--. ' ' MARTIN T7F.L!irr-- rre&IicLt ef tie t.r.:' v Ilarch 4, 153. of all kinds, tot ais at tb qairs or sis's bsst- . ' tau