Ohio State journal (Columbus, Ohio : 1849 : Weekly), 1851-04-08

              ff5 till III 1 11 III H III If I III VOLUME XL1. COLUMBUS, OHIO, TUESDAY, APRIL 8, 1851. NUMBER 32. PIUtMHtlKl) KVKRV Tl'EHDAY MORNING BY WTOTT dc HAHCOH. i IKKICK soum-KAflT cornkr or man at. and sugar ali.ky. TKU.HN Invnrlnblyn ntlvnnce. Weekiy per luinura In Columbus $1100 Uut hi the city j by mail, single I All To cmhsuf four and upwards 1 a To uba of bn and upwards, U ami address. t 1 mi Daily, session fJ OH Tri-Weekly, do , ; 1 (HI Weekly do., single SO To clubs of live mid upward ; 40 The Journal U alio published Ilnily nnd Trl-Weekly dnrtSig thn fflir; Dally par annum, by mail, M ; Tri-Weekly, :t. Knle of Advertising Weekly I'nper. - One square, 111 linen nr less, one Insertion v)o J" " " OtlCDnilrtllltmHI " " ' 1 month " 8 " 3 " ?... 1 5U ...... ii as 3 ft" ... ,.1 'Ml .;..(. p Oil i.'..'..90 i. 2li (Kl .. y (HI Uf, 00 , fill tKI .i(mi mi " 13 " ' ehnnjcable monthly, personam.. " ' weekly " Standing card, one square or Ihm, ' .. (4 column,clianfflableouHrtrly," " ., " ., ,. t Otheriuwesnotprovldodfor, chargnablplnfioiifurnilty'witlithe tbnvn rntea. Alll(ii(lt(U'irnrtfKcmantiitohnchnrgi-i1n(irloMtKnndoulil(thR above, rates, and measured a II solid. Advertisements on tho Inside exclusively, to uncharged sttho rate of SO pi:T ornt. In advance on tin; above rates. LAWS OF OHIO. , No. I7. AN ACT to authorise Free Bunking Skc. 1. Be it enacted by the General Assembly of the tsiate oj unto, t inn tiny hiiuihor nl natural person, nut les lli. in three, may ennge in the business of biinkint.', Willi nil tin- rights, privileges mid powers conferred hy and subject to the restrictions of tliis net. BANKS How KSTAM.lHKI. Skc. 2. Persons iissnciniing to form h banking com-tuny, shall, under Hieir lunula nnd seals, make u certificate, whicli shall Kjiecify First: The mum- fisimiiicd by such company, and by whic h it shall by known in its dealings; also, lite umno ol' the pluco whfii ilHlmnk-inp npcmtioiia flinll ln riirri'-il on, tit which A:u h sm-li Imtikhifj coininiiy nIiiiII ki-ti mi vRr liir tlm initiiio tion ot liunini'SH ami tor tin' redemption of its ciroilfi-tingnnti!. HiTond : The nmmint ol tho t-npittil ntuck of aiirh cnmptitiy, mid llto inunherol sliurt-n ihto which the fiitin i.-i dividi'd. Third: Tho tmmn mid iluc ol' reaidi'iuro, find llie nuiiilicr of f-liiin-n lii'ld hy fu: iikmii-I)hi ul' th3 cotiiptiny. hoiiilh: Tint linin wlj.-n nui:h company ahull h.ivi-liccn lm mcd tic)i ct'ililii nit-Hlinll bo H( kniwledf; d bi'l'uri ii .Inntici of ihi' l' nr c nr No. tnry i'llhlic, nnd ahull lm ncorili-ii hy tin Iti-Cfiidi'i-of Iho enmity where anth ruiopiiny i In I"" isf niil iln (, in a !mnk to lie kopt by hini nr tlmt piirpocc, wliicli nlmll iit nil limea, duriiig ollii e Iimujn, ho k- pi open lm-itifpoction of imy prrmii wihIum' to i-xninitw' ihi'Htimo; nnd n rofiy of anid riiconl. dnlv rtTttliid, hi ho hy tin? li.-ciiidi'l' Iriiiisinillcd in iho S'Tn lnry ol Nll 1 who ahull p'oord nnd run lolly pre-i-rvc tin' Pnmv in hiiotfiro; copiea Ihorrof, duly ct'riifitd hy i-itlicrol th'ie nlliciTM, in iv bo lined tot t'Viili'ij'" ill nil ohh'Im nnd plncfM, or mill numtrnt nnv an h ruiiipnnv, nod bIhiII bo puiicliiaivo nvidfiiRo of tlm lefjiil oxinhjiu'o ol MC.U bunking ronipnuy. Wkc. 3. The nupititl Htock of pqnh rnmpnny hrrt by AtnlmrlRil, cxi-1'intvo of tlm net nniifmif ant-b i nmpiiiiy, flnpoaitivl wi 1 the Aildilorol Ml;iie, for till iidein;itloli of tlm notea of circiilniion of hih Ii coiii)iiov. h;ill ho nt It-nat twciiLy tivo thoiiamul ilnllura, nnd Khali imt v-reed live? hniiilred tlioii-nud dnlhna; nnd miy oi-h rin-pany nuiy, fi'oin limu to time, tii-Tt'iiMi its i iii;d hiuck to tiny uiimniit not f'xenrding livo hntiilml thonsmid dnlliira. Hkc. 4. Every aiich Iritikiti" rninpmiv, Iml'nru t'oni-ini'iicins biirttiu'HS, nli ill luivo p:iid in, nnd remaining in il posessKin, bonii full', tlie properly of fiicli cninpntiy, lor llio nolo ptirpotfi nf ant ii rooipmiy. hixiy per eenl-mn of itN entire, cnpittil mock, nnd tint rertidni kIiiiII bo p iid in, in audi iioitiiliiipnta na nmy be roipiip-il hy lUe ilirertora of nny niicIi coinpnuy. Hun. 5. Whenever nny company Ii- rein nnthuried ahull furnish to ttio Auditor, (iove urnr mid Seen1 tnry uf of Stulo, NatiHlm'tory nvidi'lice that aiu'li euinpHhy lm cuniplit'd with (he preceilmi; atcliona tt linn uu, smil Auilitor, Gfiveriior nnd Hccrolnrv, nlmll ftltiiiab In am-h uomptitiy n certiticnto of ancll fuct, under Uieir lining nnd iimler tlie ere at aeid of tlm StaK. vvhicb itlinll he recorded in the ollieo of tho Serrclniy of Mtnii, ill Ilm an me book in which ia required to be recorded Hie cer-ti lie rite provided for in tho aecoud aectioti of 1 1 net. Skc. I. Tho auditor ia Imrehy nutli -ried nnd re- . ipiired toenuw to he mii;nived ami printed ifi tho bent mniiuer to punrd u,iiiiil eiMintei feitniL', oni h iiijitiii'y of cimilnlinfi iioteM. in the ainiililudo ol hnnk noica, in blnuk.of lb" ditirreiitilenoinitiatioua herein mil horied. na ho nmy, from time to time, deem tiecesnnry to mrry into ell ed the provision of thin net, nnd of hiicIi form na ho tnny prenrribe. Hinll blnol; lin-ulalio' hoIi-n almll be coiinterainnrd, mimbered ninl remti red to proper book, to bo provided nnd kept for that piii-ponc in the ollice of anid Auditor, under hii direction, by 4imh peracm orp'Tmuis iiHthuanid Aimitor ftnll ;i;-point for lb nt. piiipmf, ho llmt eiieb deimiitiiiai inli of anrli circulating nolet n)i:iII hoof Hie nnoie iodlitoile, nnd bear tlm uniform ainnliirrof Hiieh reyisler, or oiie of audi repialeiN. Sec. 7. Wiienever nny compuny, formed lor ibe purmae of bnnkitip, under Ihe pniviyiona of thin net. ahall liiwliilly IniiHer to iho Ainiimr of State nny portion of Ihe public Block issued, or to be iMiiel by the Slntn of Dliin, or by ihe Uniteil Nt.ilea, aach coiopiiiiy aim II ho entitled to receive from ihe Auditor nn eipnil ntnouut fd audi circulmjrif; imiea ol di lb-rent ilfiioiniiui-. Iiui4,n'!.'iittei'ed ninl i 'otiiiieritifined iifnloreaiid; but oneh public atoi-k ahnll in nil cuae be, or be nmde In be. eipinl lonatiN'k of this Slnto prndiieilli,' til lent live Kr centum interest per tinnuin; mid i r n hit 1 1 iml be iw fill for tlm Auditor to take uch aloek nt n rule ubovo ita par viiluo, nor nbmir ita current mm ket. vul-ue; I'i'oviile.l, tint the. Auditor h ill notlurotoh toMuh company circulnliup notea to mi ntn outt more thmi three lituea ihe nmoiiiilnf the rnpilnl nloeli ol audi company, ' actually pnid in nnd remaining in audi hunk, unditniu-iahtnl by oaaea. The plntca, diea mid millennia lobe procured by the Ainliinr lir the printing' mid unking of the cimilnliug notea provided for hereby, almll rotund) ill hia ciwiody nnd under hia direction ; tmd the oxpenaea net-i'MBdi ily incurred in exeruliiift the provia-iona of thin net ahull he audited nnd aim led hy tho Auditor, anil pnid out of nny money in ihe In 111117. 1101 olbnrwiae npiroprinted i nnd, lor the purport' of reiui-buraiiifr the aume, Ihe an id Atniil-r ia hereby milh'vi zed nnd reipiired to clmre nguinat nnd receive I rein audi company applying lor audi cinailatin notea, audi rate (wr t entuiu lliereoii nn imiv be aullii lent for lhat pur pone, mid na may he juai mid reaaomilje. N:c, 8. Kverv audi company j ln-rehy nutlioi-ied. after bnviiig execntiil audi circulatinu noiea in llm manner herein required, to mnko them obligatory prom-iaiory uotea, pnynhle mi ilemnnd at ila plnco ot buni-nuts within ihe Stale; to lonn nnd circulate the rnme aa money, according lo the nrdmnry rouoe of hntikin butiueaa, at regulaled lv the Inwa and uan.'ea ol thia Stale. Hko. D. Kvery auch coinptiny ahnll cm no to he executed and ait' lied, by llie president and ca-hier thereof. ihe circulating notea received I t 0111 ihe Auditor nf State, Blia men imteaalinlllhorenlmrtieoohgiitorv pnmiMsory notea of audi company, in H corporate capacity, pay aide 011 demand, nt ila naunl pltice of huMueaa. Sr.o, 10. Kvery company Inrtned under tbia act, after having procured ihf eerlilii'iite ret) ti utd in the lilt Ii aectioii of thia net, almll be, nnd lietehv in, tl nted 11 body politic and corporate, ilh tuici'ea.-mn until the year eighloen hundred nnd aevetitv-two, ntul therealter, until the repeal nf thia nut ; nnd by il. nm hail have power to contract nnd to pmaet ute and defend Miila ami actions nf every deacrtptmu na hilly na nnlurnl persona ; to lonti money, buv, ad, nnd discount hdla of exchange, imlea, and nil other written evitlencea nf debt, except audi na may be herein prohibited t lore ceive depoaila, buy nnd aell gnld und xilver coin mid bullion, collect and pay over litone , nu-l trnnam t all other buameaa properly nppertniuiii).' lobaukint;, ub-jett to the previa 1 una mid realrictmna o thia act; may ncquire, hold, and convey audi mil calnte na may ho ncceaaary to the convenient Irunanctien of ita luiaineaa, and 110 more; but nuiy, however, inquire title tunny real eatate pledged lo aei uro nny delit previiuialy contracted or purchnaed on mi execution or order of axle, to tntiafy nny judgment or decree in ita favor, or which ahnll have been conveyed lo il in payne-nt of nny pre-vioiu debt; hut ahnll not hold any real eatnto, an no quired, longer than ia neceaanry to avoid n haa uf any pnrt ol tho ilelit, uilereal, nnd coala. lor Ihe collection or aecurity ef wliii h it wna neipiii-ed ; but nt any time I before Belling tlm anuie, upon being tendered by the ' Inat preceilitig owner, or hia legnl repreaentatito, audi tun na ahall be ueceannry In Mive am h company from Ioki nf any pnrt of the debt, mieret, tnxea, noata, and other lieceaatiry chnrgea for Ihe collection or aocurilyof which anid tenl fMtnle wn ncquiied, mich compiiuy ahnll releaae to audi owm r, hia legnl repreaeuliitivo nr naatL'iia, nil ita right, title, and interest therein. Hkc. It. The capital amck of every compinv ahnll be divided into aharea of fifty dolUra each, which ahull he deemed peraounl properly, and shnll oulv he aa.sigu able oil the book o the coinpnuy, in audi n ninnner na ita by-laws ahnll preciiUej em Ii bunk ah ill have a lien upon all Block owned by ita dehtora, inl no at nek ahnll be trail tier red without the roiiaenl ot a tnnjority of the directoia, while the holder thereof ia indebted In the company. 8ko. 1','. No compmiy abtill take, na aecurhy formiy loim or iliacouut, a lieu upon nny purl ol ita capital lliK'k; but the aatne aecurity. both in kind mid amount, ahnll bo required ol abate holder na of pcranna not ahnrehohlera ( nnd no blinking compmiy ahull he the bolder or ptirclmaei- of uoy portion nt it enpil il aim U. or nf the capital atock of any oilier iiiconiorntod coiu- piiliy. uuleaa audi purchase ahall he neceaanry lo prevent loan upon a debt previously con tine ted in good lailb, on aei.urAy, wldi h'at (he tune wn deemed ado- rqu i'e In hi. ure the pavio-nt o ;.ndl debt, indepnd oil ol nnv lien up 'it -m h k ; nnd ,-to. k ao ptin h in-ed, ahnll ill 110 caw be held by the conip my ao purdn in if, for n liUtuer period n tium than mi nioullia, il tin anuie cnu be anid for whut the at nek mat, nt our. Hkc. 13. Ill all olertioua of ilimctora, and in. dec t ding all qtieslioua at lneciiuga of thn atiH kholilem, each nara atiall entitle llie owner lliereuf tu un vote, Smckbolfloj'nuiay vole by proxica, duly authorized in writin-.', but ndotlicer.-clerk, teller r h'k-keeper of llie compmiy armll net na proxy, Skc. 14 'f ha atl'uii a of every cmiiiinnv, formed mid organized ty capry mi tho business of banking, under ihe prnvi.sioiVof this act, shall bo managed by not leas 1I1 tin three, uur nmre than lite director, na mny be dr t' riutiied by a maturity in interest ot ihe nlorkholdera, Every diraclor obnl), during tho whole lenn of hia aer- Vice, bo n eaideut ol tliiaotute. At leiiHUlin-e-totirths of tho director olinll huvo reaided in ibis Stale two yenra next previous to their election aa d tree torn. The director of each hanking company, collectively, ahall own til least one tenHi ot ita cuploll itoclt. iJncn di rector hlmll take an oath that he will, ho fur ns the duty devolvos 011 him, diligently mid holieany niliiiiiiif-lertho n IV, lira of lhoninpftjiy, and not knowingly violate or willingly permit lo bo violated, nny of the pniviaiona ol Una net ; Hint lie ia Hie hoi in lido owner. Ill Ilia own right, of tho htock, specifying the amount atanditig in hia iimue uu tho hooka of tho company, and that Ihe snino is not hypothecated, or in miy way pledged na security (or nny loan obtained, or debt owing, which otitli, siilnurihed hy tnmcell, nnd certitietl hy llie oth. cer before whom it wna taken, ahull be Hied and carefully prcaerved in the ollice of tho recorder ol'thecoun- ty in which the banking company ia located 8i:c. 1.1, Thedircetoraol uiiy biinkingcou.pnny tirat deed d, ahnll hold llieir placea uuul tho filat Monday in .liiuumy next iherenfter, and until their nucrcaanrs ahall beolected and qualified; nil Huhseqiieiit elections t iiail le iieiii amuiiiily, ou Iho hrat 'oiiduy ol .Inntmry at iho (dime of the bank, and the directors so eb ated uliall hold their place for one vetir, and until their sue- ceaaoi-a are eleeled mid qnalilied. Hut miy director removing irom tlie Wtnte ahall thereby vncnte hia place, Any( vacancy in th.-ihomd ahall be tilled by npjioint-Weii by the ri'ttliuftirig directors, The director, co appointed nil 11 II hold hia place until llie next mutual dec tion, nnd tt, Ironi nnv chuno, nn eleciion of director si) ill not he mndf nt the tune appointed, the cnrnpntiy nlmll not, lor that cuiiho, be disnolve), but mi election nmy be held on any aubaequent day, thhty days notice tle-renf having been given in a newapiipei- printed and in general circulation in ihe county where the cum puny is loca'ed. Hrr. It; Notes of one dollar, two dollnia, three dollars, live dollars, ten dollars, twenty dollars, lilty did Ittia, mid one bund n-d Hollars each, and no tm'e of nny other deui ininaiin, nmy be iatiied by any banking company deriving any nt its powers or privileges I10111 this act. Of ibe notes issued by nny audi banking com puny, not more than ten per centum of the amount ahull he in notes nf one dollar endi ; not more than lie per centum in note of two dollars each ; not inure than ten per cenluin in notes of three dollara each; mt mure ihuu twenty percefitmu idinll bo in notes ol all (leiinriiiiuitions uuiler live doilura, nor nmre limn fifty per cenloiu in notea of all denoniiiia'ii'ns under en dnlliira; alter ibe year eighteen louidicd and aixiy (lio begilaturo may proluhil the circulation of hank note of a !e;, duiminiualioii 1 1nti live dollars, in which tit. in lieu nf the notea of a e denomination than live dollars, mites of the ,tid flenoiiiiniilioii ol live dollars ahall bo furnished lor circulation loauv hank there- niter organized ; md in lieu of notes of a lesn denomi nation th in tivo dollurs. na Inst as the same ahull be re- leemed by any hank, notes of tlm d'noniiiialilin of live dolliira I j:d 1 be forniaheil to such hank, and the notes so redeemed almll ho entered in tho proper hook or bo'ilts, mid burned in the same manner us provided ill see I tori :tl nt ibis net. Sue. 17. No bunking company, hereby milbmizeil hall, nt any lime, ihsue, or liavo in circuhittitu, any note, draft, bill of oxdimige, acceptance certilieato of leposite, omtber evidence of debt, which, from its I'haincter nr appearance, shall bo calculated or intend isd 10 circulate na money, other ihuu such notea id circulation as are by this net described. Si c. 1H. Each hitnkuigcompuriy herein nuthoried. ahall receive at par, nt Iho ellice or banking house of said company, in payment lordehta due audi company, the notes nt circulation i-sned hy any other InukiiiL' company nuihorieil lo is-110 audi notes by ihi net, which snail, ill tint time, reOeein Us notes m gold nnd diver coin. Ni-c. ID. Each hanking coniiainv ahull at all limes have on tmttd, in gold and siUer coin, or their etptiva-b'lit, olio-half nt lenst of w hidi shall he in cold anil "in, in its vault, an nttionnt eioial to nt least ihirly pi'r centum of tho amount ul ita oiil.t and itiy nutea ol circulation; and whenever the amount of its lUtstaiidiiic miles nf circulation shall exceed theabovo named prop, rlion, lor Iho spaco of Iwebn ibtys, or whenever the anid gold and silver coin, or their equivalent shall, nt any time, full below the amount of twenty per centum ol Ha circulation, no more ol its notes shall be paid out, or otherwise be put in circulating by audi company; nor almll such company increase iH linhrli tic hy milking any new loans or discounts, other than I lisco'iiittug or purchasing bills of exchange, payable it aidit, uur make nnv dividend of ila nrolita. until the required proportion between ila niifstmuliiig no'ea of i circulation and gold and silver coin on hand, slmll be restored; actual deposits with nny solvent hank or h inker of estnhliahed credit, in Ibe cities of New York, ! Huston, Philadelphia or Haltimoro, auhject lo bo ib awn against at sight, payable in gold mid silver coin, dm 1 1 he deemed equivalent to gold and silver coin, wherever thoMt terms are used in this net. Sf "0. No biinl;iriu' compnny herein iiiithoried hall 'it any time be indebted, or in nny way liable, lo an mnoiiut exceeding llie amount ot ilsenpilnl atock at such time nctnally paid in, mid remaining as capital stork, undiminished by losses or otherwise, except on the following nccoiints, that is lo say: KirtOn nc-count of iis notea nf cifcnlalion ; Second Un account of moneys deposited wiili or collected by such company ; Third On account of bills ol exchnnge nr drntts. drawn ngaiuat money nctnally pnid in deposit to the credit of, or due lo such company ; Fourth -Liabilities to ila stockholders, 011 nccoimt of money pnid in on capil.'il stork tilui dividends thereon. Sit. No Imnkilii! company tdiall, either directly or indirectly, pledge, hypothecate, or exchnnge, nny of lis imlea ot circulation, lor llie purpose o procuring money to be paid on its capital stock, or to be used in ita ordinary hanking oK-itiona, or tor the put pose of purchasing slocks to be deposited with ihe Auditor of State; nor ahall any banking roiopuny apply, or permit to be nppNed, hypothecated, or lib l::'il, any por tion of ita capital atock, lo the purchase of Certificates ol slock, to ho deposited With Ihe Auditor ol Mali niiutertil security lor Ihe redemption ot its notes n cir- illation. Sr.c. 'J'J. No banking company ahnll, during the lime it shall continue its operations na a bank, with draw or permit in he withdrawn either 111 form ol dividends, loan lo stockholders lorn longer period ot lime Hum six months, or in any oilier maimer, tiny p r-tion of its capital stock, ami il losses shall nt any lime have been sustained by any hanking company equal to. or exceeding its undivided prolits then 011 hand, no dl- idruda ahull he made, and no dividend ahnll ever he made by nnv hnukiug compniiv, while 11 shall continue its Imnkiiur operations to nn mmiiint greater than its net prolits then nn hand, deducting tlierelnm ita losses, had anil suspended iiehts, and all dehls duo t a hunk iug compmiy on which interest is past due ntul unpaid lornjM iiod nf six months, unless the same ahull be well secured, and ahull be in process of collection, ahull he considered bud nr suspended debts within the iiieim- .nil ol this act, Skc. Sit. Tho dirnrtors of each banking company shall, aemi-aiimuilly, on the tirat Monday in Mny and Nnvemlier. declare n dividend o so much n 1I1 net profits of the rompntiy as they shall judge expedient and 011 encli dividend day. ihe c, odder ahall make and verily by his oath, n full, clear ami nccurale statement of the condition u( the company as it ahull be on thai tav, niter declaring the dividends, nnd similar aln'c inents shall nlao be nindo on the tirst Monday nf K riniry nnd August, in each year, which s'tvement shall coulaiu, hrt the amount o the capital atock nctinill paid m, and then remaining as the capital stuck ol tlx company ; second 1 lie amount ot the hills or miles ol the com puny then in cirruhition, specifying ihe amount of nu ll denomination Ihirtl the g re-tte-1 amount in circulation at nnv lime riuce the im.kiti'.' of llie Inst previous statement na ahnll have been exhibited by lh weekly statements of the cashier, specifying ibe times when the nu e occurred ; tourlh the amount nt hamii t ea mid debts ot every kind due lo other baukingcoiii imtiit a of the Stale, and the nninuiit due to hanks not of (hit State; tilth -ihe nniouut due to depositors; sixth Ihe total amount ol debts nnd Jhihllilies ot every il sctiptioh, ninl llie greatest amount since the mnkiug ot the Inat previous statement, specifying the lime wh the same occurred ; seventh -the total amount of divi dends declared on ihe day of making the atati meiit cidiih -llie nuioiiiit of gold mid silver coin, nnd bullion belonging to such compmiy anil tn ita posisinii at the nuieol making Hie statement, ileaignating Ihe amount I cneh; ninth the amount aiitqect to he d awn at sight, then remaining 011 deposit with solvent specie) paving hunks or hankers, m llm elites nl iew )ik, riuhiilcipmn, tu. sum and nnummre; leiun uioiimouui then 011 hand uf hills or notes issued by other banking .(upturns u tins State, nnd tho amount isued hy b.tnkr not uf thia Slate; eleventh iho niuouiit uf bid- tincea duo from other bunkina conipaiiiea nt this Slide, nnd the nmoiint duo from banks tint of thia Stale, exctu-ilitiu' in tlm Inl'er rase, deposits in tho cities of New York, riiiliidelphia, Host 011 and Hiiliimnro, subject to sightdrnlla payable in specie; Iwelfih the amount on hand ol lulls, lunula, notes and oiner evidence, m m in liacoimtetl or imichiiNcd hy llie company, specifying particularly the nmouul of snapemb d debt, the amount considered hud, ihe Minotiui con-niercu uoiiiiiiui, anu tho ainoiint in suit or in judgment; thirteenth ihe value uf the real and personal property held for llie convenience ol the compmiy, speed's iug the mini nit of each; fourteenth the nmoiiut ot teal e-tate inketi 111 p.ivmeitt e dehls due the company; litleeiitll tile nuioiiiit of tint undivided prottts of llie eompnnyi Sixteenth tin' total amount of the liabilities to the imin- puny hv th 1 director thereof, inlleclively, specifying the gross nmoiint ol audi huhihllca as principal tl ht-nrs, mid ihn gross amount as endorsers or sun lies: seventeenth the total amount of linbilnies of the ci nv n.inv uf the s'eckhnlilera thereof, colleclivelv, ape. cilv mg Mm gi'i-a nmouul of audi liahiiitiea as prinripnl deiitora, mid the gross amount as endorsers or aUieties, which statement almll be forthwith transmitted tn the Auditor of State. Sue. m. Every banking company deriving any of its powers and privileges from this act, may lake, re- servo, rceetvo ni charge on any loanordisooiiDt made, or upon any note or bill of exchange, or other evidence nf debt, at ihe rate of six per centum per annum on the amount nfimy such note, bill of exchange, or other evi denco of debt, an discounted, and no mure; provided, however, that interest mny be reserved or Inken in ud-vmice, at the time of mtiking the loan or discount, according to the usual rulea ol banking, or as calculated in Howleti's tables; nud the knowingly taking, ritserv-ing or charging on any debt or demand payable to such company, of a rate of interest greater than that nllowed by this section, shall be held and adjudged a forfeiture of such debt or demand, bat the purchase, discount or sale of a bill of exchange, payable at another place than tho place nt such purchase, discount or sale, at the current rate of discount or premium, ahall not be considered a taking, reserving or receiving interest; provided no agreement or understanding shall be made that the same shnll be paid at any other place than that at which it is made payable. Sec. ".5. The total liabilities of nny person, or com-1 pnny, or firm, including in ihe liabilities of a company nr firm, the liabilities of the several members thereof, to miv bmikins company herein authorised, inclusive of liabilities as acceptor or acceptors of buna tide bills of exchnnge, payable out of this State, ahall at no time exceed one-lhini ; exclusive of liabilities as accentor or acceptors, one-tilth, and exclusive ot liabilities on such hills 01 exchange, one-tenth part ol tlie amount ot tho notes winch such company ia authorized to circulate at the time of such liabilities. Skc. UU. No banking company shall Ht nny lime nnv nut on loans or discounts, or in purchasing ol uratta or bills of exchange, or in pnymant of depositors, nor sbnll it in any other mode nut in circulation the notes of nay bank nr banking company, either in or out of thia Slate, whicli notes ahnll not at that time be receivable 'it par in payment of debts, nud tby tho company so payii g out or circulating such notes, nor shall it krtow-'"' 'ny ut or put in circulation any notes haned by any bank or banking cnuipnny.which. at the time of such paying nut or putting in circulation, is not redeeming its notes in (told mid silver, nor any notes issued by any bank out of this Stale, of n denomination less than Live dollars. Skc. 'J7. All notes, bills and otherevidences of debt. excepting bills of exchange, discounted hy any banking compnny. shall homnde by the terms thereof, or by special endorsement, nuvublo solely to such cunpany. and no such evidctico ot debt shall be assignable, ex- pt tor coiiertion, or lor the following purposes: lust. lo pay nnd redeem the circulating notes of such compnny ; second, to pay oilier liabilities of iho anid company, nnd after such liabilities ahall have been disc ha re ed, third, to divide nmong the shareholders on their stock. Skc. 28. All transfers of tho notes, bonds, bills of exchange, and other evidences of debt, owing lo any banking compnny, or of deposits to its credit, ul I as sigmoids or mortgages, or other securities ou real estate. or of judgments or decrees in its favor, all deposits of money, bullion, or other valuable thing for ita use, or inr ilm use of any of iis stockholders or creditors, all payments uf money to either, made after iho commis sion of an net ol insolvency, or in contemplation thereof, with a view to prevent the application ol its nssets 111 the manner prescribed by this act, or will! n view to ihe prefereuru of one creditor to another, except in pavment nf its circulating notes, shall be held utterly null and void. Skc. 2!l. If tho directors of any bnnkius couiimtiv which shall havenvailed itself of any of tho privileges granted hy this net, shall knowingly violate, or know-iugly permit any of iho ollicurs, uuents, or servants of Mich company, to violate any ul the provisions of this net, all Ihe rights, privileges, and franchises of said ompntiy, derived from this act, shall thereby be for-1 foiled; such violation shall, however, be detei mined and adjudged hy a court of competent jurisdiction, agreeably to the laws uf this State, mid the practice nt sudi court, before the corporation shall bo declared dissolved, nn in case nf biicIi violation,, every director wuo participan t! 111, or nasenicu in the mime, shall be 1 held liable in his personal and individual capacity, fur all damages which the company, ita shareholders, or any other persons, body politic or cor jut rate, shall have sustained in consequence of such violation. Skc. 30. Every Hreai lent, Director, Cashier, Teller, Clerk, or Agent, of any hanking company, who shall embezzle, abstract, or wilfully misapply mny of iho moneys, funds orcredits of such company, t.r shall i without authority from iho directors, issue r put in of the notes of such company, or shall put in circulii-! tion nny bills or notes purporting to be the cirtu-, tating bills or notes of such bank, oilier than those delivered to such hank by ihe Auditor of Slate, as pio-1 yided tor by this act, eiiher with or without iheniilhor-ity of the directors, or shall without such authority i'siio or put forth nny cenih'eate of deposit, drnwuny order or bill nf exchange, make any acceptance, n gn any note, bond, draft, lull ol exrhnnne. moriL'ni'e. judgment nr decree, nr shall make nny false entry ou any book, riqiort or statement of tho company, with nn intent in either rase tn iniiire or defraud audi company. to injure or defraud any other cumpnny, body cor porate or politic, or any individual person, or In deceive any uflicer or agent appointed to inspect the nf-! fairs of nny hanking company in the State, shall be guilty of a misdemeanor, and upon conviction thereof. hall he routined m the I'etntr ntinrv at hard labor, not leas than live nor morelhnn ten years. Skc. 111. It shall be thediilyof the Auditor of Slate. in receive mutilated circulating no es issued by him to ,ny of such hanking companies, and to deliver in nlnce thereof otliercirculntiiig notes to an equal amount, and the strict mutilated noies, after n memorandum ahnll have been entered in the proper hnnk or bonks, shall be bin tied lo ashes by the said Auditor, in the presence of tho Secretary of Stale, ami Ihe ellicer or agent of said company by whom the said notes ahnll have been delivered to the said Auditor, and a cert iti cute of said hurtiim.', signed hy smd Auditor, shall be mado in ihe ks ot iho register, and a duplicate thereof given to said ngetlt. Skc Tho Auilitor of State shall civo to nnv mm pnny by whom nny stock shall have been deposited according to the provisions of this act, powers of aiiornoy to receive ihe interest or dividends iberenn, which interest or dividend such company may receive and apply to its own use; but audi powers of atlornev shall become void upon any such company failing to redeem the circulating nob s issued by such compnny ; Provided, however, thai whenever the price -nl any of iho stocks pledged for the security or redemption nf ihe circulating notes issued by any such company as iioresmo, auaii ue ai me siim k exchange in the city ol ,irw lorn lor tour consecutive weeks, nt n price nr rate less lliau ihe value at which such slock shall have 11 estimated when so deposited nnd nledeed. the AiniKnr snail receive anil retain the interest or div tdend. uu such depreciated stock, so pledged, until the interest so received, when added to tlie market value ol stocks pledged, tn bo ascertained na in this sec I inn before provided, will ho ecptai 111 nniouut in ibe amount tor which audi slocks were pledged J and he ahall deposit the amount so received, with any solvent banking compmiy in this State, at such rule of interest as shall lie agreed upon, or, at the option ot the company by wind such stocks were deposited, invest such interest nrdivi cletida in any ol tlie storks hy Ihia act authorized, to hi pledged in ihe name ol the Auditor ol State, 111 trust for the banking company by whom the stocks on which such interest or dividends may have accrued, shall have heen pledged ; ami whenever ihe price 01 such der re latcil slocKs at llie new ioik siock exebnnce. ahnll riao to the price at whicli they were pledged by ihe compnny, nun so remain lor mur consecutive weeks, sin b investment shall bo assigned to such company and nil accruing interest 011 sucii pledged slock shall iliereaiter tie pnai to such company. tSh.c. it. 1. 1 ue stocks trail si erred to the Auditor ol State, by any banking company, for the security of its ircillallllg notes, atiall lie held hy huii exclusively lor that purpose, until xiich notes shall be redeemed, except aa hereinafter provided. Skc. It nny such Imnkingcompatiy ahall Iml Inre-leem, in gold and silver coin, any ot its circiilntiuii note issued 111 pursuance of the provisions nf Ibis ad, when payment thereol shall bo lawtully demanded, duriiiu the usual hours of business, al the ollice uf such company, the holder of such note or notes may cause one or moretheieot to tie protested ny a notary puhltc, who shall, on protesting llie snme, lorthwith forward mil ice of such protest to the Auditor of State, nnd after such protest sullereil, it sbnll not be lawful for Ihe compnny ihus still ering protest, to pay out any of ila notes, discount any notes or bills, or otherwise engage in (he business it! banking, except In receive nnd safely keep tnotievs belonging to it, and deliver special deposits, and where iho holder of such imlea shall rniise more than mm to he protested 011 the same day, he shall not receive pay for more than one such protest. Skc. ;t.ri. Incase nny such bunking compnny shall In 1 1 tu tiny, and redeem its circulating notes 011 de mand. 111 gold or silver coin, na specified in Iho next preceding section ot this ad, the Auditor ot Stale ahnll, within twenty days alter lie ahnll hnve received police il sucii lailure, cause the stocks pledged hy such com pany, or so much thereof its mny he tiecessnry lo redeem the outslaiiiling circulating notes of such compnny, to be sold either at Ihe Stock Exchnnge in the city il New Vt-rk, utter giving nonce 01 sucii sale to sucii ompnnv, and also advertising tho time and place of sale, wilh n pertinent description of the stocks to be ellon d for sale, in two or muni newspnpers published in the city of New York, nud 111 general circulation, tor not lcaa Ihuu ten conaeculive ihivs before the day of sale, or nl Ihe ollice o the Auditor of Stale, in Ihe city f Columbus, imiiifl tmlice to salt) company, and also advertising tu one nr more newspapers published nnd in Kcueial circulation in the city of Columbus, nnd one or more newspapers in general circulation in the coun ty where I tin otlice ot alien hilling company is aiiunieii, which advertisements ahnll contain the same particulars na are required herein, where antes are lo bo made I ill (bo city of New Yotk ; nnd out of Iho proceeds of such stile, tho Auditor shall pay, on the circulating poles of such bank, aa the same may lie presented, a ratable pmortioii of iho proceeds ul such snle, not exceeding the amount due on said notes; and due notice ahnll be given by the Auilitor. tbnt anid notes will be pnid at Ihe ollice tit the Auditor of Shite; I'mvided, thai if nny of (heciiculnting notes of such tailing cumpnny ahnli mil be presented fur redemption at the ollice of Ihe Auditor nl Shite, until after (ho lerm nf two yenn from the date of the first publication of the no tice to ihe holders ol such notea to present trie same at said Auditor's otlice, the Auditor may pny ratably, to Mho holder uf tho notea previously presented,, if mob notes hitve not been previously paid in full, whatever 01 uie proceeds 01 kin d, fcie, remaining 111 his nanus, may be needed to fully discharge audi notes so preson led. Whenever default ahall be made in the pnyment 01 the circulating notes ol any banking company established under the provisions of thia net. every stock holder ahull, fur sucii nutes.be individually liable, in proportion to the stock held by such stockholder in such' bank, to the extent and to the full amount of the respective sharei of stock owned in such bank by'such stock 11 older. Where a trunk is owued by leas Ihuu six stockholders, they shall be individually liable, as natural persons, fur all debts and liabilities of such bank. Skc.36. The AuiHtorofStatomay.iflieshulideeui Unit the interests of the note fielders of any insolvent hank, ing compnny will bcrJjeat promoted thereby, wilh the ndvice of the Treasurer and Secretary oi Stute, hypothecate, or sell at private sale, any ot the stocks transferred to and deposited wilh him by such company, lo nny other banking company, or to any individual, person or firm, and receive therefor eiiher money or the circulating notes of such failing company; Provided, that no audi stock shall be sold, at private snle, at leak than ihe oar vnlue thereof,.nor at less than its selling price at iho New York Stock Exchaugo, nt llm date of the Inat received iutbrraaiion ; nor ahall any such stock ue aoiu on credit. Skc. 37. On receiving notice that any such banking company shall have committed an nctot insolvency, ns herein belore defined, tho Treasurer of Stale, the Secretary of State, and iho Auditor of State, or a majority of them, ahull appoint a special agent, who shall immediately proceed tu ascertain whelherHUcb company has refused to puy its notes ill gold and silver coin, when lawfully demanded, and report to the anid Treasurer, Secretary nud V (acts so ascertained ; and if, irom 1 no report. Htit -Treasurer, Secretary mid boo, .,,. .. -l,., l. .;,r..h.. .1 ' .;.l...i :.. . ,""B "', '"""'"J u..-nmini. u, 111 gum, Hliu silver coin, they shall forthwith appoint a receiver or receivers, and require of him or ihem Bitch bund ntul surety as they shall deem proper, who shall rnceed to take possession of tho books, records and assets of every description of such coinnauv: collect nil dehia dues and other claims belonging to such company; ni-iiie wiiii me appronaiioii 01 an agent, 10 ue appointed by tho stockholders for ihe protection of their interests, comnoiifid for nil hnd and doubtful debts: sell till real and personal properly of mid company, and to pay over all moneys so made to tlie Auditor of Stale; and iho Auditor of State ahall cause notice to be uiven. by ndvoriiscmont. in one or more newspapers, published in iho ciiy nf Columbus, and also in one or more newspapers, in general circulation in Urn comity where uiu uiiico 01 sucii insolvent company shall no situuted, for six consecutive months, ralbni; on all persons who may hnve daims ngainal such cointany to make legal proof thereof; and after the end of one year from the first puMicution of such notice, tho Auditor, niter full provision shall have been made for redeemim? the cir- dilating notes of such company, shall make a ratable dividend nl llie moneys so paid over tu him, by such receiver or receivers, inclusive of moneys receivt d by him 011 sales of stock transferred to and deposited wilh him by such company, on nil such claims as may have heen so pr'nvod ; and from time to lime, as the urn- eds uf the aasots of said company shall lie naid over to him, llm said Auditor shall make further dividends, as aforesaid, 011 nil claims previously proved, and the remainder, if anything, ahnll be paid over to the stock-holdi ra of tho company, or their legal representatives, in proportion to tho stock by ihem severally held; Provided, however, that if any batikin? comomiv. against which pna eedin-is hnve been instiiutc d, as prescribed in thin section. 011 account of any supposed ne t nf insolvency, shall deny having committed such net, such company may apply to any court of coionetent jurisdiction to enioin further proceed inns in tho nreint- ses, nun sucn court, utter citing (tie I reasurer, Scereta ry and Auditor ol Stale, to show cause why further iroceediiigs should not be enjoined, nnd after the tiprl-ing o n jury that such compnny has not suspended tho' payment of its notes, when legally presented, in gold and silver coin, ahull make an order, enjoining said Treasurer, Auditor and Secretary of State, and any re. i;eierui M ci'itni uppoiuicu oy mom, irom uu mr-tber proceed i ii l'W on account of such suonosed act of, insolvency. So. MB. If the ordinal capital slock of nny of such banking ocmpnnies shall in any manner bo diminished, or any portion thereof bo withdrawn for any purpose whatever, while any debts or demands ngaiust such company remain ummtislied, no dividends shall there-niter bo made on ihe shares of tho capital stock of such company, until the original amount of the cnpital stock shall be restored, oither by contribution ol the shareholder or out nf tho profits of the business of sucii company ; imd itu--any ijivideud shall be made while the capital sIock pliHli remain so diminished or withdrawn, il shall be dm duty of any court, buvimr competent jurisdiction, to m:ike the necessary orders and decree tor closing the utVnirs of such coinpnuy, "" " mirum mining us creoiiors unci snare holders na in ibis net provided. Skc. :t!. All fees for protesting tlm notes issued by any such banking company xIil.I1 ho pnd by the person procuring the protest 10 he made, nnd such compn ny sua 11 tto iiuiiie inerelor, but no part ol llie stocks pledged by such company to ihe Auditor shall bo a-plied to the payment uf such lees; and nil expenses incurred in conducting the snle of any such pledged stocks, ami advertisements thereof, shall be pnid 0111 of the proceed of such sales. Skc, 4(1. Ihe stockholders collectively, of any' banking company, sbnll nt no lime he liable to such company, either as principal debtors or sureties, or iiolh, to an amount greater than two-hhlis nt tlie amount of capital slock nctnally pnid in nud remaining undiminished by losses or otherwise, lmr shall the di rectors tie so linhle by the by-laws ol such company, adopted by its stockholders to regulate such liabilities ; and it shall be ihe duty uf (ho auditor, treasurer, and secretary of Stute, or a m ijorily of them, na often as once in each )cnr, to appoint some suitable person in the vicinity of each Dankilig company, who shall nut be n stockholder in nny bank of this State, who shall have pnwet to make a thorough examination into all the atl'airs of ihe bunk uhich he may bo appointed to examine, ami, in so doing, to examine any of the n til ers and agents m such baiiK, on oath ; and such agent hall make a detailed report ol the condition 01 such bank to iho uudiior of Stale ; and the banking companies herein authorized shall be subject lo any other visitoi in) powers authorized by law; and every nireni nppuiuted, a in this section provided, shall receive for his sen ices nt the rate of two dollars for each day by liiin employed in such examination, nnd two dollars tor every twenty-live miles he shall necessarily travel, in the potior iimnce 01 nia duty, wiucii shall lie paid hy the bankinu' company by him examined. hkc. -it. v in-never any nntiRing company, oeinp lesirous to diminish ihe amount of ita circulating notes, ahall deliver lo Mm auditor of State any portion of such notes, not leas iu amount nt any one time 1I11111 five thousand dollars, to he destroyed, the auditor shall destroy the same, as prescrihed in this net, nnd shall, thereupon, transfer and deliver in such cumpnny, certificates ot funded debt deposited with him by such compnny, to an amount equal tu the nmoiint of imtes bo delivered up) Provided, that the amount of such certificates remaining with (he auditor shall not thero by he reduced below the amount ol the capilnl stock of such company at Hint tunc paid in, nor in value, es. tiinabng the snme at their current price in the city of New York, below the nniouut ot ctrcuiniing notes still returned by such company ; nor shall tlm auditor be e- quired to re-transfer such certificates in fractional sums of less than one thotiaaed dollars ! and whenever any I such compmiy, being desirous of relinquishing its hanking business, almll have pnid at least eighty-live per centum of the m.Titmiui nniouut of its circulating notea, mid ahnll have delivered the aamo to the auditor of Slaie, tit be deatroved, and shall hav provided means and given security lo the satisfaction of tlm treasurer, secretary, and auditor of State, for the redemption of its outstanding notes of circulation, at ibe plnco where me omce 01 such company was eaianiian-ed. and shall have given uolice thereof, by ndvorlise meiit, for six ennaecutive months, in two newspapers of general circulation, published 111 Columbus, nnd nt least one, piittilsueu 111 ine ciiy.iowu, or vmage where ihe ollice. f such company is located, it shall be law ful lor the auditor of State to re transfer nnd deliver to such company, all ihe certificates of funded dehta previously pledged with him hy such company, and there Upon, uu 1 ne rorporni" puwera m aucii cumpnny, except such na shall be neceaanry to close up its ufl'airs, shall cease. Skc. 4'J. Each company shall be liable to pay the bolder of every bill or note put incirculation as money by such company, the payment of which shall have been demanded imd refused, and upon nil its cii culaling notes or bills, without such demand and refusal, after such Auiipany ahall have susiended generally, llm payment of its limes or hills in gold or silver coin, dmiiages thereon, in lieu of interest, nt Ibe rnto of fifteen per centum per mmum from the lime of audi refusal or suspension, aa the case may be, until audi company shall resume ihe pnvineiitoi 11a notes in goui or silver coin. nnd sbnll, iu case of such general suspension, luivo given three week notice of audi resumption in one newspaper in general circulation in the county where the principal ollice of such banking company in located, and in one newspaper published in the city of Co-himhuai provided that iioihiug in this act contained shall be construed so as tn authorize a continuance uf banking business under this net after the year 1H72. Skc. 43. The president and cashier nl every company formed pursuniil to the provisions of this act shall, nt all limes, keep n true and correct list of the names ul all the shareholders of such compnny, nnd the amount ol slock owned by each, ami shall hie n copy nt such list in the ollice of the recorder of the comity where any otlice of such coinpnuy may be locnted, and also in the ollice of the auditor of State, In the months, of January and July, in everv year. Skc, 44. No hnukiug company shall commence the business of banking under this act. until such company shall have deposited with ine niinilor Ihe securities re quired try law, equal Hi nmoiini 10 sixty p'ir 1 enliilll nt the rnliilal stork ol audi hanking compnny. Skc 4.1. No banking rninpai.y, na such, shnl) issue or put in circulntisn any circulating note or notes of said company, unless the snme shall be mnde payable on demand and without interest, and every violation of this, section, by nny officer or member of n banking company, or any uflicer or agent thereof, shall be deem- ed and adjudged a misdomennor, punishable by fine orl impriBomiieiii.orboth, in the discretion of the court lereoi; en en naiiK estatihaheu hv virtue of this act, ahull be subject tn the provisions of u bci to restrain hanks irom taking usury," passed March 19, 18.10. Skc. 4i. If any bank or banking company ahnll purchnse, buy in or take up, directly or indirecily, nny of their circulating notes of an amount less than what la due thereon, all the stockholders nt any such bank or banking company, shall be liable in their individual and in their corporate capacity for nil sum or sums for whbb any such circulating bills or notes shall bo so purchnaed, below their par value, and any interest that nmy ul ul ,ime IM? ,n,e thereon, together wilu twenty-five per cen'utn penalty upon all such sum or sums. Sue. 47. All Inwa now in force which are applicable to the hanking companies herein authorized, and which conflict with the provisions of this act, are re- Kea'ed, so far aa tlm same may be applicable to the ankiug companies herein authorized. JUHN F. MUKSE, Speaker of the Home oj Representative!, CHARLES C. CON'VEIIS, Mnrch 21, 1851. - Speaker of the Senate. fNo. 4!f.l AN ACT to amend tho act entitled " sn act to amend the set to reimla'e the priirtlen ol tlie Jndjrml Courts," psjed Feb. 25, aln, m amend thn act jmwil Msrcb ai, ffciiO, in amendment of the prsctice ol the Judicial (Juurm. Sr. Be it enacted by the General Aiicmblv of the: State of Ohio. That the record retmirod to he Icetu. 1- tbe first section of said ncl, passed Feb, 25, 1H48, may ue Kept m a docket provided lor that purpose, and all such dockets nud record books which have been, or ihall be heenlier used nnd devoted tit the record inir nl I such levies nnd returns, shall he taken and considered -..uN p. saioaci. Skc. 2. Whenever any officer sha'l make sa'o of nny rent estate by virtue of miy execution or order of sme, it is nerehy made ins auty to Inx and collect, iih increase costs tor llie cierK, ihe compensation provided for in the second seel ion of said act. Skc. :). The respective clerks of the court of common plena, superior court of Cincinnati, commercial court of Cincinnati mid superior court of Cleveland, shall, in making returns to writs of error, or of certiorari, send up to the supremo court the original tiles, process, pleadings nnd exceptions, nnd duly certified transcripts ol nil journal entries uf ihe proceedings mid judgment of their respective courts in the particular case named in the writ; Provided, that said clerk shall omit from such return, all such parts of said files and other papers nnd documents in nny such case, na bo may i,e instructed so to do, by llie diieciion, in writing, of both panties to suc h suit, lo be liled in ihe oflice of sucii cieru, ami a copy fit winch written directions shall he mmexeil lo and certified with audi return. Skc. 4. That when nny poraon appointed by any court fist nn appraiser of the hinds of any deceased nor- aim, ahnll die, teiimve from the county, or in any other maimer necoine insnoieil irom acting ns such appraiser, any Justice of the Peace in tlm county where such lands or personal estido mny be situatul, shall have power to fill such vacancy, and the person so appointed shnll take an nnih, na in other cases, before c pterin" upon the duties of said appointment. Skc. Ti. Tho second section of an act in amendment of the practice of the judicial courts, passed March 21, 18"0, is hereby repealed. JOHN F. MORSE, Speaker of the Home nf Representative. CHAftl.ES C. CONVEIfS, Speaker of the Senate. March 20, 18.11. No. 50. AN ACT to amend tlie set directing thn modn of proceeding In (.'turn very. Skc. 1. JtrU enacted by the General Auemhly of the State of Ohio, Thai when a petition for review shall be filed iti the Supreme Court, any Judge of said Court is authorized, iu vacation, and upon good cause, to stay proceedings nn Ihe former decree until the next term of the court, where such proceedings are pending, in which case such judge shall direct the nature unci amount of security to be given by the party a implying for such stay. Skc. 2. That when melt petition shall lie filed 111 iho Common Pleas, the President Judge of such Court is authorized to exercise tho sumo power, ou ihe snme terms. JOHN F. MOUSE. Speaker of the ffmte of Reprennttative. CHAULES C. CONVEKS. Speaker of the Senate. March 18,1RM, No. 51. AN ACT to smend Hip act entitled An set to reiyjlato th- fees of officers in civil Hnd criminal cntet ," passed Mnrch 5, 1K11. Skc. 1. Be it enaeted by the General Ainemt'y of the State of Ohio, That when nny Sheriff, or oilier ollicer discharging the duties of .sheriff, shall return any process issued from the Court of Common Plena, or other court of any other county than that in which such SheritF or other officer resides, iu any other maimer than by himself or bis deputy, personally, such Sheriff or other officer shall only he entitled to charge nud re-ceivo mileage thereon, lo be computed from the office of said uflicer tn the place of service, and back to the office of said officer. Si c 2. That so much of the act tn which this in nn nmeudmeut, ns conflicts with this act, bo and the same is hereby repealed. JOHN r. MO HS K, Speaker of the Ifmiie of Reprrientativci. CHAIti.ES 0. CONVEKS, Speaker of the Senate, Mnrch 21, 1851. fNo. 52.1 AN AOTtoauieml th set direct In n tho manner nf serving nirine process aiitiTit mumm companies, passed Marcb.'l, IVM. Skc. 1. Be it enacted bu the General Aemftlv of the btate or Uhio, Hint the service provided for in Hie third section of tho net entitled nu net directing the manner of rving mesne process against railroad communes. passed iViarcn -Ji, m;u, snail no mnde al least Iivednv before the day set for the trial of ihe cause, and that the Inst clause of said third section be and is hereby mpemru. JOHN r. MOUSE, Speaker of the Home of Rcpretentativei. CHAltbES O. CONVEKS, Speaker of the Senate, Mnrch 33, 1851. fNo. 53.1 AN ACT to amend tin set milled an art to Improve tho law of evidence,' paised March 'At, lti'sj. Skc. 1. Be it enaeted by the General Assembly of the iiiaie oj iflio, inai me prny.ainiiB tu llie act e " an act to improve the law of evidence." pHsaed March 2:1, 18.'0, be nnd the same are hereby extended to nil suits nnd proceedings in chancery nnd arbitration, so inr as ine same may 00 uppiicnhie. JOHN F. MOUSE, Speaker of the House of Representative!. CHAULES 0. CONVKI1S. March 22, 1851 Speaker of the Senate. No. 54. AN ACT suthorltlrift the granting of Alimony. Skc. I. Be it enaeted bv the General Asscmbh of the State of Ohio t That the several enmts nf common pleas in me !mim nre ncreny auinurieu lo grant Alimony lor nm wiiih cnunua; ibi Huuuery I 11 nillilium iiruiiKenness; jd ornaa nei'left ol duty : 4th aonu dotmient of the wife without goodcauae; 5ih when there is a separation in consequence ot ill-trenlnieut on the pari ol llie hmmiiiid, mh confinement m the 11 tentinry, in winch case the application shall he mudo while Ihe Imshalid is so confined. Skc. 2. The proceedings shall be conducted in all respect us iu cases of application for divorce. Skc. 4. 1 his act sh.dl luko filed nnd he in fore from nnd after its passage, nnd all ads, and parts of acts, inconsistent herewith, are tierehv repealed, JOHN F. MOUSE. Speaker of the House of Representatives. CIIAUbES C. CONVEitS, Speaker of the Senate. Mnrch 24, 1851. fNo, 55.1 AN ACT to amend an setentlllnd an set tn provide for thn par tition ul real cumin, iiaaaed ri-ttruary ll, imi, Skc. 1. Beit enacted hv the General Assembly of th State of Ohio, That in nil sales made by the sherill' pursuant tn tin order in case of partition, unless the court shall, by special orib r, direct nnd require on good cause shown, the snlo lo be made lor rash down, the purchase money shall be payable, one-third on Hie day of sale, one-third in one year, and one-third iutwoyeaia iherenfter, with inlerestt Hie deterred payments to be secured to the parties, ngreenbly to ibe respective interests, according to the tenth sectioii of Ihe net aforementioned. JOHN F. MOIISK. Speaker of the House of Representative!. CIIAKI.KS 0. CONVKIIS, March 2 4, 1851. Speaker of the Senate. No. 511.1 AN ACT to amend the art entitled an art providing for the col- lection nl rliumiiiiinlii'tsli'niiitinats ami ntlier whut rraus, ami aaihorlxing prureeiliint susiri'ttlu' "' I" nanip, passed Feb. IHI. Pita, and the art amendatory thereto, passed March 10, 184:1. Skc. I. Be it enacted by the General Assembly of the State of Ohto, That u la herehyflisde uie nuiy ut one 11 nnd every eonatnbln or other officer, holding nn order for the snlo of any sienmhont or other water craft, under tho provisions of cither of the above mentioned nets, in addition to ihe notice reiiuired therein for Hie sale thereof, to give nt least ten days notice in some new a oa tier printed and in general circulatinn, m tlm county where sm h process is issued, in case n newspa per is puldislieti iiiurem. JOHN F. MOUSE, Speaker of the House of Representatives. CHAULES 0. CONVKUS, Man h 24, 1H5I. Speaker of the Senate. No. 57.1 AN ACT to amend an act entitled An art to create a Hen In fs-vor or Mechanics slid others in certain cases," paiacd March II, 1843. ttno. 1. Be U enacted by the General Atstmbly of th State of Ohio That any pers hold or -'hall hereafter bold a rersmt or persons, who now d linn under th. cited act, ninv. in addition tn tho reinedv thrnin nrn. vuled for, proceed by petition in chancery, eg in mher cases ol liens, agairst the owner or owners of, and all other persons interested, either as lien holders or otherwise, in any such hunt, vessel, nr other water craft, or house, mill, manufactory or other building or appurtenance, in tho first section of said act mentioned, and the lot orlots of Innd ou which the same shall stand, and obtain audi final decree therein for the rent or sale thereol, as justice and equity may require, anything in said act to the contrary notwithstanding. JOHN F. MOHSB, Speaker of the House of Representative!. CHAULES C. CONVEKS, ., . Speaker of the Senate. March 25, 1851. I No. 58 l AN ACT to amend an Bet entitled nn act for the inipeetlon of certain arucjea lucre in enumerated, passed March tt, lKll, Sic. 1. Be if- enaeted bv the General Assemhlu of the. State of Ohio, That in order to insure a uniformity in the dimensions of barrels hereafter made or used with in this Slate, for the Purpose nf Cuiitalliini! Potatoes or apples, nil such barrels so containing the articles afore said, or made lor that purpose, shall be made ol seft' soned timber, of staves twenty-seven inches in length wnen imisiieu, with cut Heads of seventeen inches di ameter, nud shall bo tightly bound by at least six substantial hoops. BBC a. i hat in nil contracts, made in relation to the purchase or sale of the arlioles named in the first section, by the barrel, the dimensions of the barrel shnll ho held, and understood to menu the wme as prescribed by this ncl. Skc. 3. This act shall bo in force, and take effect, from and after the first flay of January next. JOHN F, MOUSE, Speaker of the House of Representative. CHAULES 0. CONVEKS Speaker of the Senate. March 22, 1851. No. 5. AN ACT further to amend an net entitled an set to prevent nuisances, pasted February 'J8, IMI. Skc. 1. Be it enacted by the General Assembly of the State of Ohio, That every house or building, situate within this State, used or occupied as a bouse of ill-fame, or for tho purposes of prostitution, shall be held and deemed 11 public nuisance; and nny penrnn owning such house or building, nnd knowingly leasing the snme, for the purpose of keoping therein a house of ill fame, or knowingly permitting the same to be used or occupied for such purpose, or using or occupying ihe same for such purposes, shall for every such oflence bo guilty of a misdemeanor, nnd on conviction thereof, ahall be lined in any sum not exceeding one hundred dollars, or imprisonment for a term not less than thirty days, nor more than six months, or both, at the discre-1 tion of the court. JOHN F. MOUSE, Speaker of the Hmte of Representatives. CHAULES 0. CONVKHS, Speaker of the Senate. Mnrch 25, 185J. No. CO. AN APT to amend an art entitled nn set prmcriblng the duty of fitlH-rvimrs, and lelativo toronda and hiuliwsys, imased March 2U, 1KI7, Skc. 1. Be it enacted by the General Assembly of the Statcof Ohio, That the residence uf a single man, for rond purpoaea, ahall he held to bent the place whereat he bonnU, in nny road district in ibis Stnte. JOHN F. MOUSE. Speaker of the Ifmise of Representative!. CHAULES C. CO.NVKlfS, Speaker of the Senate. Mnrch 20. 1851. Nl. AN ACT further to nmrnd the "set preicrfhtnR the duties ol Haperviiors, and relating to roada and highways," imaicd March With, rltt. 1 Skc. 1. Be il enacted by the General Assembly of the Slate of Ohio, That if any person, body politic or 'corporate, shall obstruct nny public road or highway, authorized hy any law of this Slate, and sutler such obstruction to remain to the hindrance or inconvenience nt persona making use of such public road or highway, or ahall, by viritie ol miy authority wlmtever or otherwise, change the line, till up, or dig out the bed of uny such road or highway, or in any other manner render tho same less convenient or Useful than it had been previously therein, such person, body corporate nr politic, shall he subject to an nction on Hie case, at the suit of the commissioners nf nny county, or supervisor in nny uisinci, 111 wnicn sucii roan or highway is situate, in whole or in p irt. Mic. that the commissioners ot any county, or supervisor nf nny district, in whicli nny audi road or highway is situate, tu whole or in part, shall also have the right lo apply to any court of record, liir an injunction to restrain the commission of any injury contemplated by the first section ot this act; and Hie same shall be granted or refused, according, lo justice and equity. Hvc. J. that any suit brought under the provisions uf this net, and Hie act to which this is an niuomlmeut, shall be in Hie olhcinl rnpacily ot any such commissioners or supervisors respectively, and not in their individual names; and tho snme ahull not abate by the change of officers, but shall be prosecuted by their successors, the same na if 110 change had Inketi place, to final judgment, unless otherwise disjHised ol. okc. 4. Hint the measure nt damages in any suit brought under the provisions of the first section of this act, ahall be a full compensation in the public for the loss 01, or injury m, sucii road or highway; and the llllllliuen rcitett-nit in nny mini BOH, aiOT IIH V III V nt xpeiisesnf the same, shnll he a trust bind in the hands of such commissioners or supervisors respectively, to ue applied 10 uie repair 01 sucii roan or highway, or to bo expended upon ihe public roads of such district or county, as mat ice or runny may renin re. Skc. 5. 1 hat nil avenues, streets nnd alloys, in towns and cities, which are or may be laid out agreeably tu law, shall be and ttie same are hereby declared puhln hiiihwuys, for every purpose whatever; provided, that ibe municipal authorities o any incorporated city or town, may mane, oniaiu ami enion esuch laws and or ilunucea concerning the side-walks ot tlie streets ot such city or town, as shall be deemed necessary to prevent such side-walks from being used for the pass-ago of horses, wagons or other carnages, or for hitch ing or standing horses, or other animals 1 hereon, Sf.c. ft. That iho tenth section of the act entitled ' nn act prescribing the duties of supervisors, nnd relating lo rends and highways," passed March 20th, 18:17, and all nets and parts of acts inconsistent herewith, bo and Hie same are hereby repealed ; Provided, that llm passage of this art shall not nllect any suit pending mi the first day of March, 11151, but ihe same shall be disposed of naif this net hud not been pnsaed; but in all causes of nction fur which suit shall nm have heen commenced before ihe said first day of March, the same shall be regulated under the provisions of this act. Sue. 7. This act to take ellect ami bo in force from and after the first flay of March, 1851. JOHN F. MuHnR, Speaker of the House of Representative!. r CHAULES C. CON VE ItS, Speaker of the Senate. March 24, Iftfit. No. (2.1 AN ACT further to amend tho Art for niieiiing and regulating roads and hiuliways. Skc 1. Be it enaeted by the General Assembly of the iwaicoj kjkw, 1 ni tn wr na too mines oi nasenaors ol damages, ns provided for in the sixth section of he ticl to which Hit is nil amendment, iu cusea nf laying out or mienm.' any smie or county rond, he and Ihe same are hereby superseded, and the viewers of nnv rond provided lor under the third section of the act to which thia is an amendment, shall, in addition In iheir duties a viewers, also ut the same lime assess mid determine the damages sustained by nny person, through whose promises any road ia proposed In be established, in nil respects as required by the atxlh section of the act lo which ihi is an amendment; and such viewers shnll, in atlditl hi to their report na viewers, also nt the snme tinm return such assessment of ilanniuea, nud perform Hie same duties required of such appraisers; provided, nun sucii viewers snail assess damages, 11 any arise under the provisions of llm sixth section of said net, whether nny claim for damages is made or not. Skc. 2. That nil nppeala in ilm court of common pleas under llm seventeenth sect ion of the act In which this is un amendment, be anil Iho snme are hereby air perseded, mid that when notice ahall he uiven, nnd bond tiled for nn appeal, as reiiuired by said section. Ibe appellant shall, wilhiu leu days thereafter, file n transcript nf the proceeding before the commission ers, wilfi any justice nl tlm pence o tlie township in which the premises claimed to be dumaued are situa ted, in whole or in part. Sue. 3. Thai such justice shall issue a writ of summons upon such tranaciijit, against the obligors in the bond filed under Hie sixieeulh socliou of the net to W'htch Ibis is an amendment, nnd iho various acts amen-datory thereof, which wril almll be served and r hinted as other writs uf like churned r; nnd in sin ft suits the appellant ahnll be plainiill'.nnd the said obligors defendants.Skc. 4. That upon a return of service upon such writ, the justice shall issue n venire for n jury of six disinterested citizens of tint county, mid tlm same pro ceed in us shall be Imd I hereon that are now, or nmy he iiereimer pniv loeo, 111 1 ii-t vi jmij uoua 01101 e Jtlsil- cea of the pence, by the net of February 14, IRIII d Hie various acts mnemlalory 1 hereof; provided tint sin h justice and jury shnll examine personally the line ot Ihe proposed rotul, Wheie it passes throni'h iho pre- nitsos in controversy; ninl provided inrther, that the decision of such .pialire nnd jury almll he final, unless removed In the 1 niirt nf common plena hv rcrtionni.as ill oilier cases. Skc. 5. It shall be Inwful for the minify commissioners, if in their opinion a part only of anid road will be of pnb.ic utility, lo record mid establish such use bd pnrt nnd reject ihe residue, in caae it be capable of division.Sac. 6,v That nil laws and parts of laws inconsistent or conflicting with the provision of this act, be, nnd the same are hereby repealed. JOHN F. MOURE, Speaker of the House of Representative!. CHAULES O. CONVEKS, March 25, 1851. Speaker of the Senate. . No. 63. AN ACT supplementary to nn act to provide for tho tncorporv tiim ot townnhlpi, passed Mnrch 6th, 1831. Skc. 1. Be it enacted by the General Assembly of the State of Ohio, That any constable within this State, who shall hereafter receive a list of township officers, elected or appointed by Iho trustee, from the clerk of tho proper township, ia hereby authorized tu administer tlm requisite oath or affirmation of office, and certify the snme upon the back of his list or warrant, and make return within ten days from the dnte thereof. Skc 2. This act shall take effect nnd be in force from nnd after the first day of April next. JOHN F. MORSE, Speaker of the House of Representative. CHAULES 0. CONVEKS, Speaker of the Senat. March 22, 1851. fNo. r,A i AN ACT toreimlstnthnra-eed nf Knilrosd Locomotives and Cart within the corpurhte limiu of any city, town or village. Sin. 1. Be it enaeted by the General Assembly of the State of Ohio, That the common council or corporate authorities of any incorporated city, town or village.in this State, wherever any rail mud track is laid into, or throiiiih such city, town or village, shall have milhority to ordain, enact and enforce an ordinance regulating the speed of all locomotives and railroad cars within such corporate limits; provided, such ordinance shall not require a less rate of speed than four rn ilea por hiiur; ami inch corporate muhoriiies may bring suit against any engineer, conductor or railroad company, violating such ordinance, and assess nnd collect a fine of not less than five dollars nor more than fifty dollars, for each oflence, and costs of suit. JOHN F. MOUSE, Speaker of the House of Representative. CHAULES C. CONVEKS, March 20, 1851. Speaker tf the Senate. No. f!5. AN ACT to 'prevent thn lnyinj out of Hnads, fltreets or Alleys, thr .uut! the grounds belonging to the 1'ublio ilcnefolent Institutions ol the Slate. Skc. I. Beit enacted by tlie General Assembly of the State of Ohio, That the Commissioners nf rranklin coiiniy, or the Ciiy Council ul the City of Columbus, ahull lint lay out or establish any mad, street or alley, through any of the grounds belonging to the Public In stitutions of tho State of Ohio. JOHN F. MOUSE, Speaker of the House of Representative!. CHAULES C. CONVEKS, S maker of the Senate. March 25, 1851. No. 6(1.1 AN ACT to amend an set entitled an set to provide, for the so- piitntment ol trustees tor the eoiitrol of axsoclNted religious societies, ud to detinu their powers and duUus, pasted March K, 144 Skc. 1. Be U enaeted bu the General Assembly of the State of Ohio, That a majority of the boaidof trustees, eiccieu under the provisions ot an act lo provide lor the appoinment of trustees for (ho control nf associated religious societies, nud lo define their powers and duties, passed March twelve, one thousand eight huudred and lorty-foiir, shall constitute a quorum for Ihe transaction nf business ; that so much of the fourth section of said act as conflicts with this ad, be and the same ia hereby repealed. That the words " the second section it, 111 the third sectiou, and the words " tho second section of," in the serum) line of fourth section, and in iho fihh lino of said fourth section, of the net to which this is nn amendment, be and the same is hereby stricken out. JOHN F. MORSE, Speaker of the House of Representative. CHAULES 0. CONVEKS, Speaker of the Senate. March 22, 1351. No. f.7. 1 AN ACT to provide for filling vscsnclea In the offices of Attor ney iienerai, memi er nl the Hoard ot 1'ubllc Works, and other SlHto otlicera mado elective hy the penult!, Skc. 1. Be it enaeted bu the GrtieraLAcsmblv of the State of Ohio, That w honever the offices of Attorney General, member of the Hoard of Public Works, or any oth er State ollice that is or mny be elective by (heieople, sunn eecomo vacant fiurmg uie session 01 llie Uenerai Assembly, such vacancy shall be filled by joint ballot by dm Legislature, and when iho Legislature shall omit, during ila session, to fill such Vacancy, or when such vacancy alud! occur during ihe receaa of the Gen eral Assembly, the same shall be tilled by appoiutment of the Governor; nnd the person so elected by the Legislature, or appointed by the Governor, shnll hold aucholliceuniil hia successor shall he elected and quali- lieu, nn priiMiit-ii uy inw. okc. 2. I hat when any vacancy contemplated dt the preceding section, shnll occur thirty days previous to uny general eleciion, the same shall be tilled at the first general election afier Ihe happening of such vacancy; nud in nil other cases such vacancy shall be tilled at the next succeeding general election. JOHN F. MOKS E, ' Speaker of the House of Representative!. CHAULES C. CONVKUS, Speaker of the Senate. March 24, 1851. No. C8. AN ACT to amend ' An Act for the proof, seknowledgme nt and recording; ot Deeds and InitruwauU ot Writing,'' pasted Feb ruary Ir.M. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That nn deed of real estate, heretofore or hereafter executed by nny person acting for others, under n power uf attorney, duly executed, acknowledged nud recorded, shall bu held invalid or ileleciive, , because such attorney, instead ol inserting the name of his principals in such deed as the grantors therein shall have inscried his own name, ns such nttoruey, aa the grantor ; nor because sin h altoruey, instead of subscribing Hie names of bis principals to such deed, shnll . have subscribed the same wilh his own name, ns such attorney; nor because the certificate ol acknowledg ment, distend ot selling lor ill mat the iituu was acknowledged hy the principals, by ibeir attorney, shall set forth that it was acknowledged by the person exe cuting Hie same, ns such attorney hut all such deeds, mi executed, within the nmhority conferred by such powers of nttoruey, ahnll bo, in nil respect what so ever, ns valid and dleciunl ns if tho snme had been executed by llie principals of such attorneys, in their own proper persons. jiiri.i r . nn ntsri, t Speaker of the House of Representative!. CHAULES C. CONVKUS, Syeaker of the Senate. March 24, 1851. No. fif). AN ACT supplementary to the several seta in relation to the recording ol det da, nioihiagc, aid o'her instrument of writing Sec. 1. Be it enaetotbv the General Assembly of the Statcof Ohto, Thai all deeds, powers ol aiiorney, nnd oilier mainline ins 01 writing whatever, other than mortgages, deeds of trust in iho nature of mortgages, nnd poer of attorney for Hie execution of moritfaues, or for Hie exectninti uf deeds of trust in Hie nature nf morlKiiues, sbnll he recorded in (he set of record books deriomiUHted "Hecord of Deeds;" and nil mortgages, deeds ot trust 111 ihe nature 01 nmi tgngea, anu powers of nttoruey for the execution mortgages, or such deeds of trust as aforesaid, shnll be recorded in ihe set of record books deliomiiuiled "Kemld of Mortgages," any thing in any act to the contrary notwithstanding. Skc. 2. In all cases where there are several grantors or grantees, mortgagors, or mortgagees, omtber parties named in any such deed, mortgage, or power of attorney, or mlmr tnntrtirnent of writing, recorded iii ihe recorder s office of any county in the State, it ahall he the ilnty of the recorder lo insert in the proper iudexet the name of each nnd every uf am h grantors, grantees, mortgagors or mortgagees, and other parties; ami in' all cases of deeds, mortgages and other instruments of writing, made by any slietifl", master commiasionor, marshal, auditor, executor, administrator, trustee or other ollicer, for the sale, convey mice or incumbrance of any Innds, lenementa, or hereditament, and recorded in the recorder's ollice of nny county, il shall be the duty of ihe recorder of tlm proper county, lo insert in audi indexes, under their appropriate letters, resjvect-ively : first, Hie name nr 111 mes nf Hie person or persons, whoso laud, teuemenlsorberilitnmenisaresolfl, conveyed or incumbered by Hie deed, mortgage, or other instruments nl writing, ot any sui 11 min er; sec nndly. Hie official deaiuunlimi of Midi officer, by whom such deed, ninrlgng- , or power 01 nnorney, or oilier instruments ol writing, are made; ninl, thirdly, the individual name or names of the peron or persons holding audi ollice or by whom such deeds, mortgages, or oilier instruments of wi ilmg ure made. Skc. I). All laws and parts ot laws inconsialent With ibe provisions of ibis net, are hereby repented. r?pcfi(r nf the of Representative!. CIIAKI.KS C. CONVEUS, Sptiiker of the Senate. March 25, 18.'.!. Sm 8KTAUT or Ststk's Office, ) Colombo. MhicIi 23, lK.il. $ I hereby certify Hint Ihe foregoing act ia n true copy of the original mil now on file in ibis otlice. HENIIV W. KING, Secretary of State l.itv os Anothkii. -A Welsh parson preaching from hi text, " l.nvo one another," told his congrega tion that m kind and nHpeciul treatment lo our fellow atuivs. we weie pdeitor to dm hnite creation. As nn illustration of the truth of his lemark, ho quoted an instance of two goats in hia own pariah, that once met upon s bridge so very narrow, tint they could iml pnsn by without one thrusting the other otV into the river; ntul, continued be, "how do you think lin y acted t Why, I will tell you one goat laid himself down and let the other leap oyer him. Ah, beloved, let lis live, like gouts