Those who voted in the negative were— Messrs. Finck, Kenny, Lang, Marshall, Miles, Monroe, Quinby, Ready and Sherrard-9. So the bill was laid on the table. Mr. Mason, from the committee on the Judiciary, reported that said committee had had under consideration S. B. No. 113, To amend the 12th section of the act entitled "an act defining the jurisdiction and regulating the practice of the probate courts in the counties of Erie, Lucas, Richland, Holmes, Montgomery, Delaware, Franklin, Scioto and Jefferson," passed April 12, and took effect May 1, 1858; and had ordered him to report the same back, recommending its indefinite postpone ment. S. MASON, W. E. FINCK, The question being on the indefinite postponement of the bill, it was decided in the negative. On motion of Mr. Hitchcock, The bill was referred to a select committee of three-Messrs. Hitchcock, McBurney and Sherrard. On motion of Mr. Mason, A message was sent to the House requesting the return of H. B. No. 179. Mr. Welsh, from the committee on Roads and Highways, reported that said. committee had had under consideration H. B. No. 160, In relation to the Marietta and National Road Plank Road Company; and had ordered him to report the same back, and recommend its passage. Said bill was read the third time. The question being, "Shall the bill pass ?" The yeas and nays were ordered, and resulted-yeas 23, nays 5, as follows: Those who voted in the affirmative were Messrs. Godfrey, Gardner, Groesbeck, Harsh, Hitchcock, Hood, Johnston, Kelly, Mason, Miles, Monroe, McBurney, McLung, Neal, Perrill, Quinby, Ready, Roby, Sherrard, Sinnet, Sprague, Welsh and Whetstone-23, Those who voted in the negative were Messrs. Finck, Lang, Kenny, Marshall and McVeigh-5. So the bill, having received a constitutional majority, was passed. Ordered that the title be as aforesaid. Message from the House of Representatives. Mr. President: The following bills have been introduced into the House and severally read the first time: H. B. No. 226, To amend the act entitled "an act to establish a code of civil procedure," passed March 11, 1853. H. B. No. 227, To abolish the tenth judicial district. EDWARD KINSMAN, Clerk. The President laid before the Senate a communication from the Governor, enclosing a communication from General Burnside, in response to a resolution of thanks from the General Assembly of Ohio. On motion of Mr. Perrill, Said communications were laid on the table and ordered to be printed. On motion of Mr. Johnston, H. B. No 218, To repeal an act entitled "an act to amend the act to provide for the regulation of turnpike companies," passed January 7, 1817, passed and took effect March 10, 1836, and to extend the provisions of section 41 of the act of May 1st, 1852; was taken from the table. The question being, "Shall the bill pass ?" The yeas and nays were ordered, and resulted—yeas 26, nays 1, as follows: Those who voted in the affirmative were Messrs. Finck, Gardner, Groesbeck, Harsh, Hood, Johnston, Kelly, Kenny, Lang, Marshall, Mason, Miles, Monroe, McBurney, McLung, McVeigh, Neal, Perrill, Quinby, Ready, Roby, Robison, Sherrard, Sprague, Welsh and Whetstone -26. Mr. Hitchcock voted in the negative. So the bill, having received a constitutional majority, was passed. Ordered that the title be as aforesaid. Mr. Ready asked to be excused from further serving on the Committee on Agriculture; which was agreed to. Mr. Whetstone asked and obtained leave to introduce the following bill without previous notice; which was agreed to. S. B. No. 142; By Mr. Whetstone-In regard to the appointment of surgeons and assistant surgeons in regiments of Ohio volunteers. Mr. Lang, from a select committee, submitted the following report: The committee of Conference on Senate amendments to H. B. No. 33, have had the same under consideration, and now beg leave to report, recommending that the House recede from its disagreement to the Senate amendment, and agree to the same. ALFRED MCVEIGH, WM. LANG, WM. H. HOLDEN, The committee were discharged from the further consideration of the subject. On motion of Mr. Miles, The Senate resolved itself into committee of the Whole, on the order of the day, Mr. Sherrard in the chair, and, after some time spent therein, rose and reported back the following bills without amendment, viz: S. B. No. 135, To amend section three of an act passed March 12, 1853, entitled "an act supplementary to the act to provide for the organization of cities and incorporated villages," passed May 3, 1852. Which was referred to the committee on Roads and Highways. The committee also reported progress in the consideration of S. B. No. 136, To provide for payment of the claim of Henry Ebbert, and for the surrender of $43,000 of the certificates of stock of the Miami Hydraulic and Manufacturing Company, and asked leave to sit again, which was granted. The President appointed Mr. Hitchcock to fill the vacancy in the committee on Roads and Highways. On motion of Mr. Perrill, The Senate took a recess. HALF-PAST TWO O'CLOCK P. M. Message from the House of Representatives. Mr. President: The House has passed S. B. No. 133, To authorize the sale of school lands belonging to fractional township one of range two in the county of Belmont. S. B. No. 95, Supplementary to an act for the assessment and taxation of property in this State, and for levying taxes thereon according to its true value in money, passed April 5, 1859. Attest: Message from the House of Representatives. Mr. President: EDWARD KINSMAN, Clerk. The House has passed the following bill, in which the concurrence of the Senate is requested: H. B. No. 96, Prescribing the fees of county auditors. Attest: Said bill was read the first time. On motion of Mr. Gunckel, EDWARD KINSMAN, Clerk. The constitutional rule was suspended, and said bill read the second time by its title, and referred to the committee on Fees and Salaries. Message from the House of Representatives. Mr. President: The House has passed the following bill, in which the concurrence of the Senate is requested. H. B. No. 227, To abolish the Tenth Judicial District. Attest: Said bill was read the first time. EDWARD KINSMAN, Clerk. Mr. Hood moved that the constitutional rule be suspended, and said bill read the second time; which motion was lost. On motion of Mr. Lang, Said bill was laid on the table, and ordered to be printed. Mr. Godfrey, from the joint committee on Enrollment, reported sundry bills correctly enrolled. Mr. McVeigh, from the committee on Military Affairs, reported that said committee had had under consideration the communication of the Governor, relative to the public arms heretofore distributed in the State, and had ordered him to report the same back, with the recommendation that the following joint resolution be adopted: S. J. R. No. 89, Relative to authorizing the Governor to collect arms belonging to the United States distributed in this State. On agreeing to said resolution, the yeas and nays were ordered, and resulted— yeas 19, nays none, as follows: Those who voted in the affirmative were Messrs. Gardner, Gunckel, Harsh, Hitchcock, Hood, Johnston, Kelly, Lang, Marshall, Mason, Monroe, McBurney, McLung, McVeigh, Quinby, Roby, Sprague, Welsh and Whetstone-19. So the resolution was adopted. Mr. Gunckle, leave being granted, introduced the following bill: S. B. No. 143, To enable volunteers from this State in actual military service at the time of a State, Congressional or Presidential election to exercise the right of suffrage. Which was read the first time. On motion of Mr. Gunckel, Said bill was ordered to be printed in advance of other printing. Mr. Hitchcock, leave being granted, presented the petition of David Robinson, Jacob Chase and 81 others, citizens of Russel, Geauga county, for the appointment of commissioners to visit hospitals in the south; which was referred to the committee on Military Affairs. Mr. Hitchcock, from the select committee, reported that said committee had had under consideration S. B. No. 113, To amend the 113th section of the act entitled an act defining the jurisdiction of the probate court of Erie, Lucas, Richland, and other counties, and had ordered him to report the same back with amendment. P. HITCHCOCK, The amendment reported by the committee was agreed to, and the bill ordered to be engrossed, and read the third time to-morrow. Mr. Whetstone, from the committee on Universities, Academies and Colleges, reported that said committee had had under consideration H. B. No. 208, To amend an act entitled an act to incorporate the trustees of the Protestant University of the United States, passed March 10, 1845, and had ordered him to report the same back, and recommend its passage. Said bill was ordered to be read the third time to-morrow. On motion of Mr. McLung, The Senate resolved itself into committee of the Whole on the orders of the day, Mr. Sherrard in the chair, and after some time spent therein, rose and reported back the following bill, without amendment, viz.: S. B. No. 136, To provide for payment of the claim of Henry Ebbert, and for the surrender of $43,000 of the certificates of stock of the Miami Hydraulic and Manufacturing Company. Said bill was referred to the committee on Finance. On motion of Mr. Sherrard, The constitutional rule was suspended by a unanimous vote, and H. B. No. 96, Prescribing the fees of county auditors, was read the second time by its title, and referred to the committee on Fees and Salaries. Leave of absence until Monday was granted to Mr. McLung. Message from the House of Representatives. Mr. President: In compliance with the request of the Senate, the House herewith returns H. B. No. 179. Attest: On motion of Mr. Mason, EDWARD KINSMAN, Clerk. The vote by which said bill was passed, was reconsidered. On motion of Mr. Mason, Said bill was recommitted to the committee on the Judiciary, with instructions to amend as follows: 1st amendment. After the words "such minor, in line 4 of section 1, strike out these words" or in case of the decease of such minor during his or her minority, to the administrator or other legal representative of such minor." 2d amendment. After the word "minor," in the 5th line in section 1, insert these words" or in case of the decease of such minor during his or her minority, to the administrator or other legal representative of such minor; provided that the court which appointed such trustee, shall have satisfactory proof of the authority of such guardian or administrator, or other legal representative, to receive the moneys or estate of such minor, and that the security given by such guardian or 33-SENATE JOUR. administrator, or other legal representative, is sufficient to protect the interest of such minor, or his or her estate, and shall, moreover, deem it best for the minor, or his or her estate; and shall sc order accordingly." Mr. Sherrard offered for adoption the following resolution; which was laid on the table, under the rules, for discussion: Resolved, That a committee of three be appointed for the purpose of collating from the several Senate and House bills, such as have been reported to the Senate by the several Senate standing committees, and which have not been passed on after said bills were so reported; said committee to report in writing, giving the number of the bill and a synopsis of the same, and that said committee report without delay. On motion of Mr. Welsh, S. B. No. 94, To regulate the compensation of sheriffs for keeping and providing for prisoners in jail, was taken from the table. On motion of Mr. Welsh, Said bill was referred to the committee on Retrenchment. Leave of absence for a few days was granted to Mr. Robison. Mr. Hitchcock, from the committee on Currency, reported that said committee had had under consideration the memorial of J. Andrews, in regard to the issue of small notes for circulation, and had ordered him to report by bill. P. HITCHCOCK, S. B. No. 144; By Mr. Hitchcock, from the committee on Currency-To amend the 52d section of the act entitled "an act to incorporate the State Bank of Ohio and other banking companies," passed February 24, 1845; and to amend the 16th section of the "act to authorize free banking," passed March 21, 1851. Which was read the first time. On motion of Mr. Miles, The Senate adjourned. Attest: D. W. RHODES, Clerk. Prayer by the Rev. Mr. Gardner. FRIDAY, APRIL 18, 1862. Mr. Finck presented the remonstrance of John H. Kelly and 4 others, members of the bar of Perry county, against the passage of Senate Bill No. 98, Regulating the fees of clerks of courts; which was referred to the committee on Fees and Salaries. Mr. Johnston presented the petition of George W. Hulick, Secretary of the Cler mont County Agricultural Society, by order of the board of officers of said society, asking for a law to annex Anderson township, of Hamilton county, to Clermont county, for agricultural purposes. Also the petition of John Bennett and 46 other citizens of said township, on the same subject; also the petition of Artemas Day and 33 other citizens of said township, on the same subject; which were referred to the committee on Agriculture. Mr. O'Connor presented the petition of N. Hollister. W. Okey and 12 other members of the bar of Monroe county, remonstrating against the passage of Senate Bill No 98; which was referred to the committee on Fees and Salaries. The following bill was read the second time, committed to the committee of the Whole, and made the order for this day: 1 |