Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-04-30
TERMS OF AID TERTLSING:
labs Of Ohio.
: PUBLISHED BY AUTHORITY.
AN ACT,
For the reliefof Partners and Joint Debtors.

=
AN ACT,
For the reliefof Partners and Joint Debtors.
Section. L. Be IL enacted By the General as
senbly OF the State of Ohio, That whenever any
copartnership firm shall be dissolved, by mutu-
al consent or otherwise, it shall and may be law
full for any one or more of the individuals who
was or were embraced in such copartnership
firm, to make a separate composition or compro-
mise with any one or all OF the creditors Of such
copartuership firm, and such a composition or
compromise shall be a full and ~effectual dis
charge TO the debtor or debtors making the
same, and to them only, of aad from ell and eT-
cry liability to the creditor or creditors with
whom the same is made and incurred by rea-
son of his or their connection with such eopart-
nership firm, according to the terms of such
compromise. z
Sec; 9. Every such debtor or debtors ma
king such composition or compromise, msy. take
from the creditor or. creditors with whom he
NAV make the same, a note or memorandum in
writing, exhonerating him or them from all and
every individual liability incurred by reason of
such connection with such copartnsfship firm;
which note or memorandum may be given in
evidence BY such debtor or debtors in bar of
such creditors right of recovery against him or
them; and if such liability shall be by judg-
ment in any court of record in this State, then
on a production TO and filing with the clerk OF
such court, the said note or memorandum in
writing, such clerk shall discharge such iudg-
ment o frecord so far as the said -compremising
debtor or debtors shall be concerned.
SEc.e3. Such compromise or composition
with In individual member of a firm. shall not
be so construed as to discharge the other copart-
lners, nor shall itiulpair the right of the creditor
to proceed against the members of such copart-
nership firm so proceeded against, shall be per-
mitted to set off any demand against said cred
itor or creditors which could have been set off
had such suit been brought against all the indi-
.yiduals composing snch firm; nor shall such
compromise or discharge of an individual of a
firm prevent the other members of such firm
from awaiting themselves of any defense that
would have been available had not This act been
passed, exaept that they shall not set up the dis
charge of one individual as a discharge of the
other copartners, unless it shall appear that all
were intended. to be discharged; Provided, that
the discharge of any such copartner shall be
deemed a payment to the creditor equal 20 the
paoportionate interest of the partner discharged
in the partnership concern.
Seq A. That such compromise or compost
ton of an individual ola firm with q creditor OF
such firm, shall in no wise effect the right of the
other eepartners to call on the individual ma
king sucn compromise, for his rateable portion
of such copartnership debt, the same as if this
law had not been passed.
SEC. 5. The above provisions in reference to
copartners of a firm, shall extend to joint deb
ors, who are hereby authorized individually to
compound or compromise for their joint indebt-
edness, with the ike effect in reference to cred
itors and to Joint debtors of the individual SO
compromising, as is above provided in reference
TO copartners.
SEC. 6. This act shall take effect Immediate
IN nn itS pac1aOa
Nh. VAN WORRIES,
Speaker of the House of Representative,
THOS. b. FORD,
Presidentof the Senate.
Columbus April 8, 1857.
AN ACT,
Amendatory of the act entitled an act to pro-
vide for taxing Banks and Baking Compa-
MES, passed March %, 1850.
Sec.i,n L. Be it enacted By the General As
sc,a5iy of the State of Ohio, That SO many of
the branches of the State Bank of Ohio, and in
dependent banks as accepted and are taxed
agreeable to the provisions of the act to provide
for the taxing of banks and banking companies
passed March %, 1856, shall hereafter make out
under oath their return, agreeable to the first
section of said act, and return the same to the
Auditor of the proper county wherein the banks
or branches are located, instead of the Audiror
of State; and that the AUDITORS of the respective
counties wherein such banks or branches are To-
Gated shall place the same on the grand dupli-
cate of the county to be taxed, for all purposes,
as money at interest and other capital are. at
the place where such bank or branch is located.
And the taxes arising therefrem shOll be callect-
ed bv the county Treasurer, and by him paid
over as all other taxes are for State. County.
Township and other purposes, in their respect
i've counties.
SEC. 2. That 80 much of the act to which
this is amendatory ar is consistent with this act,
DO and the same is hereby repealed
SEQ. 3. This act to take effect on and after
its passage.
N. n VAN WORRIES,
Speaker of the House of Representatives,
THOMAS II. FORD,
President of the Senate.
Columbus April g, 1857.
AN ACT,
To amend the first section ofthe act entitled an
act supplementary to an act regulating Rail-
road Caniss, passed February IL, Is4S, and
rreyealing. the eighth section thereof; passed
April 6, 1856.
Section /. Be it enacted By the General As
sena5ly of the State of Ohio. That the proviso in
the first section of an act entitled can act snp-
Elementary to an act regulating railroad COM
panies,p passed February II, 164S, and repeal
ing the eighth section thereof, passed April 8,
1856, shall not apply to any railroad company
whose road was at the time of the passage Of
said act or has beon since, in a state of construc-
ton; and that said proviso shall only apply to
those railroads actually suspended and upon
whicu no labor has been performed to good faith
to construct the same since the passage of said
act.
See. 2. That in all cases in which in any
railroad company heretofore incorporated, has
been duly organized under any law Of this State
and has commenced in good faith the construe-
ton of its railroad, or has in good faith made ex-
penditures thereupon for survey, or otherwise,
shall be entitled to the full benefits of the ex-
tension of the time for the completion of the
same as provided for in said first section of the
act to which this is an amendment; Provided.
that nothing in this act or in the act to which
this act is supplementary shall be construed as
reyiying any charter should have expired pre-
vionsly to the passage of said act passed April
8, 1856. sqa
Sec. 5, All acts or parts of acts passed pre-
yiously to April 9, 1856, inconsistent with the
provisions of this act be and the same are here
by repealed.