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General Assem. bly, &c.

act making appropriations for the year 1838, passed March

19, 1838; For the payment of contractors for paper for the use of the

State, a sum not exceeding eleven thousand five hundred

dollars; For members of For the payment of members of the General Assembly, their

clerks, messengers, and door-keepers, the sum of ten thousand dollars in addition to the unexpended balance appropriated for that purpose by the act making appropriations for the

year 1838, passed March 19, 1838; For John Cook For paying to John Cook and Alexander Delorac, for preparing

the halls of the Senate and House of Representatives, the

sum of twenty-five dollars each; For Governor's For paying to the contingent fund of the Governor, the sum contingent fund.

of nine hundred and thirteen dollars and fifty cents, being the amount paid from that fund to Justin Hamilton, Christopher Wood, and Jacob Miller, appraisers of the Miami

canal lands; For special elec. For paying the expense of special elections, a sum not exceeding two hundred and fifty dollars.

JAS. J. FARAN,
Speaker of the House of Representatives.

WILLIAM HAWKINS,
December 22, 1838.

Speaker of the Senate.

and Alexander Delorac.

tion.

AN ACT

To amend the act entitled an act allowing and regulating writs of at

tachment before justices of the peace, passed January 7, 1824.

shall issue at. tachment to

If garnishee Sec. 1. Be it enacted by the General Assembly of the State of shall fail to ap- Ohio, That if any person summoned as a garnishee, as provided pear, justice

in the twelfth section of the act to which this is an amendment,

shall fail to appear before the said justice at the time specified hring the body.

in the summons served upon him, the said justice may, upon the application of the plaintiff, his agent or attorney, forthwith issue an'attachment, directed to the proper officer, commanding him forth with to bring the body of the said garnishee before

him, to make answer as required by said twelfth section. Garnishee refu. Sec. 2. That if a garnishee when before a justice, shall refuse sing to answer to make full answers to all such questions as may be put to shall be fined.

him by said justice, he shall be fined in any sum not exceeding one hundred dollars, for which fine the justice shall render judgment in the name of the State for the use of the said plaintiff in attachment, and issue execution therefor, and when collected he shall pay out the same as provided in the eighteenth section of the act to which this is amendatory: Provided : That the judgment of the justice therein may be appealed from, upon

Proviso.

the defendant's giving sufficient security for the costs of such
appeal, as in other cases of appeal.

JAS. J. FARAN,
Speaker of the House of Representatives.
WILLIAM HAWKINS,

Speaker of the Senate.
January 16, 1839.

AN ACT

To provide for the preservation and safe keeping of the Journals of

the General Assembly.

and original

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the journals of both houses of the General Assembly,

Journals to be with the exception of reports of committees and public officers, kept in a book which are hereinafter provided for, shall be entered and kept in or record. a book of record to be provided for that purpose, and the proceedings of each day, after being read in the presence of the House on the succeeding morning, shall be attested by the clerk; and such record, to all intents and purposes, shall be taken, and held to be the original and true record of the House to which it pertains.

Sec. 2. The reports of all standing and select committees, Reports to bo upon all subjects, and all reports of public officers, called for by kept separato

from journals; special resolutions, shall be recorded apart from said journals in a book of records for that purpose; and the original journal of journal of the the House shall contain a reference to said reports, in the House to contain proper place and order of their appearance, with the volume said reporte. and

page of the book where they are recorded: Provided, That Proviso. in printing the journals such reports shall be inserted in their proper places and order. Sec. 3. Said books of record shall, at the close of each

Records to be session of the General Assembly, be deposited by the clerks deposited in the in the office of the Secretary of State, who shall give his re- office of Secr'y ceipt to the said clerks therefor, who shall forthwith deposit the same with the governor; and it shall be the duty of the said secretary to have them properly indexed and preserved in his office.

Sec. 4. It shall be the duty of the clerks of the respective Houses, to furnish the state printer with a true and certified Cl’ks 10 furnish

to State printer transcript of the journals for his use, and with all reports and

transcripts, &c. other documents, which may be necessary to him in the discharge of the duties of his appointment.

Printed journals Sec. 5. The printed journals shall contain only the pro- to contain pro. ceedings of the respective Houses; and all executive communi-ceedings only. cations, with the accompanying documents, reports of the several officers of State, except such as shall be called for by

.

documents.

special resolution, reports of the canal commissioners, and all official documents which have heretofore pertained to the journals, shall be printed separately from said journals, in the same form, and furnished with an index; which documents shall be distributed and furnished in the usual manner to all such persons as are, by law or resolution, entitled to receive the journals of the General Assembly.

Sec. 6. It shall be the further duty of the clerks, to preClerks to pre pare ludes to

and furnish to the State Printer, a correct index to the

pare journals and printed journals and public documents, for which they shall

be allowed a compensation to be fixed by joint resolution and Compensation.

to be provided for in the general appropriation bill.

Sec. 7. The provisions of this act shall apply to the clerks of the present General Assembly who shall proceed after its passage to transcribe into said books of record the proceedings

of their respective Houses up to the date of the passage of said Record of jour, act; and the record of the journals when so completed, shall in the presence be read by the clerk in the presence of the respective Houses, or each Honse. for amendment and sanction agreeably to the provisions of the

first section of this act. Act repealed.

Sec. 8. The act entitled, An act to provide more fully for the preservation and safe keeping of the journals, passed December seventeenth, eighteen hundred and thirty-six, be and the same is hereby repealed.

JAS. J. FARAN,
Speaker of the llouse of Representatives.
WILLIAM HAWKINS,

Speaker of Senate.
January 21, 1839.

AN ACT

To amend the act for the election of county assessors.

Shall be fined

Sec. 1. Be it enacted by the General Assembly of the State of Assessore shall Ohio, That the assessor and deputy assessor shall each be aldollars per day. lowed the sum of two dollars for each day that the county

commissioners shall be satisfied they shall have been respectively employed in the discharge of the duties required of them by law.

Sec. 2. If any assessor or deputy assessor shall wilfully or for neglect of carelessly omit to list any personal property, which is or may

be subject to taxation, or if he shall willully and fraudulently make a false valuation of any property subject to taxation, he shall, upon conviction thereof, be fined in a sum not more than one hundred dollars, nor less than five dollars; to be recovered by indictment in the court of common pleas of the proper county, and paid into the county treasury.

duty.

Sec. 3. That the ninth section of the act for the election gil sectio, re. of county assessors, passed March 12th, 1831, be and the same pealed. is hereby repealed.

This act to take effect and be in force from and after the

passage thereof.

JAS. J. FARAN,
Speaker of the House of Representatives.
WILLIAM HAWKINS,

Speaker of the Senate.

January 21, 1839.

AN ACT

To appoint a Commissioner of the Canal Fund.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Joseph S. Lake be and he is hereby appointed a commissioner of the canal fund for the term of six years from and after the rising of the present General Assembly, and until his successor shall be elected and qualified, to fill the vacancy which will be occasioned by the expiration of the time of Jeremiah Morrow, who was appointed by the governor to fill the vacancy occasioned by the resignation of Simon Perkins.

JAS, J. FARAN,
Speaker of the House of Representatives.
WILLIAM HAWKINS,

Speaker of the Senate.
January 22, 1839.

AN ACT

To carry into effect a contract made by the Adjutant General with Capt.

S. Cooper, of the United States Army.
Sec. 1. Be it enacted by the General Assembly of the State of
Ohio, That the sum of eight hundred and fifty dollars be and the
same is hereby appropriated, out of any money in the treasury
not otherwise appropriated, for the payment to Robert P. De-
silver, of Philadelphia, for one thousand copies of Capt. Cooper's
System of Tactics, agreeably to and in discharge of a contract
made with him in conformity with a joint resolution of the
Senate and House of Representatives, dated the 19th of March,
1838.

JAS. J. FARAN,
Speaker of the House of Representatives.
WILLIAM HAWKINS,

Speaker of the Senate.
January 22, 1839.

AN ACT

To extend the provisions of an act entitled An act to provide for the

Internal Improvement of the State of Ohio by navigable Canals.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the provisions of the eighth section of the act entitled An act to provide for the internal improvement of the State of Ohio by navigable canals, passed February 4th, 1825, be and they are hereby extended to all the public works of the State which have been or may hereafter be placed under the charge of the board of canal commissioners, not only in and during the construction of said work but also in making all necessary repairs.

JAS. J. FARAN,
Speaker of the House of Representatives.
WILLIAM YAWKINS,

Speaker of the Senate.
Febuary 4th, 1839.

AN ACT

other corpora

after the 4h Ju.

To prohibit the issuing and circulation of Small Bills.

Sec. 1. Be it enacted by the General Assembly of the State of No bank or

Ohio, That it shall not be lawful for any bank or other corporation 10 pay or tion, or for any person or persons acting as an officer or officers, any bill, &c. or agent or agents, for any such bank or corporation, to pay, give a less denomina- or offer in payment, or in any way circulate, or attempt to tion than:63;,. circulate as money, at any time after the fourth day of July, ly, 1839. one thousand eight hundred and thirty-nine, within this State,

any bill, note, or other evidence of debt, purporting to be issued

by any body corporate, of a denomination less than three dolNo bank to pay lars; and it shall not be lawful for any such bank or other corporaany bill, &e; of tion, or person or persons acting as officers or agents as aforetion than $5, af. said, to pay, give or offer in payment, or in any way circulate

or attempt to circulate as aforesaid, at any time after the first day of October, one thousand eight hundred and thirty-nine, any such bill, note, or other evidence of debt, of a denomination less than five dollars, or of a denomination between five

dollars and ten dollars. Corporation Sec. 2. That it shall not be lawful for any corporation having powers hanbings

. banking powers in this State, at any time after the fourth day sue bills, &c. of of July, one thousand eight hundred and thirty-nine, to issue, tion than $3, af: pay, give or offer in payment, or in any manner put in circulater 4th July, tion any note, bill, or other evidence of debt, of any denomina

tion less than three dollars; and that it shall not be lawful for Corporation having banking any such corporation, at any time after the first day of October, powere not to ls one thousand eight hundred and thirty-nine, to issue, pay, give

ter 1st Oct. 1839.

1839.

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