The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-06-06

Sec. l3. There is hereby appropriat-
ed out of any money in the treasury, no:
otherwise appropriated, to pay for work
performed, and materials furnished for the
purposes aforesaid; the sum of forty thou
sand dollars. Such moneys shall be paid
out in the same manner as other moneys
are, upon the certificate of said warden
and directors, which certificate shall only
be given to pay for work actually done,
and materials actually used in making the
improvements authorized by this act.
Sec. IA. This act shall take effect and
be in force from and after its passage.
RICHARD G. PARSONS,
| Speaker of the house of Representatives.
ROBERT @. KIRK,
President of the Senate.
March %, 1860.
No. S0.l AN ACT
To regulate the taxation and payment of
Costs in certain cases.
Section l. Be 1t enacted By the Gen.
sral assembly Of the State Of Ohio, That
the costs Of prosecution, so far as relates
to the fees of constables, justices, sheriffs,
witnesses and clerks. shall be made out by
the different officers claiming the same,
specifying the different items comprising
the same according to the acts regulating
the fees Of civil officers in civil and Grim.
inal cases, and the acts directing the mode
of trial in criminal cases, and shall be by
such persons lodged with the clerk of the
court before which any criminal may be
convicted during the time in which such
conviction may be had, and the clerk shall
make out under his hand and the seal of
said court true copy of all such charges,
which shall be examined. and if correct,
the same shall be allowed by the Judge of
said court, and forwarded with such con-
vict and delivered by the sheriff to the
warden of the penitentiary, and the sheriff
shall receive eight cents per mile going to
and returning from said penitentiary, to be
compusss5S sS from the seat of justice of the
county in which TIC conviction took place
by the usual route of travel, md he shall
also receive the sum of five cents rer
mile for transporting every such convict,
and shall be allowed one guard for every
two convicts so transported, and shall re-
ceive six cents per mile for the services Of
each guard so employed, to be computed
for the same distance ss the sheriff; and if
at any term of the court there should be
more than one person convicted, it shall
be the duty of the clerk to make ont an
order directing the number of guards not
exceeding one guard to every two con-
victs, exclusive of the sheriff, unless In an
extraordinary case, when, in the opinion
of the court q greater number shall be
necessary for the safe transportation of
such convicts, certificate whereof shall
be made out by the clerk under the seal of
the court and delivered to the sheriff, and
he shall deliver the certificate TO the war
den of the penitentiary, who shall be gov
erned thereby in making out his order for
the payment of such transportation; and
all charges Of prosecution and transpor-
tation made out agreeably to the provi-
sions of this act and of the several acts
herein referred to, shall be delivered to the
said warden, and if upon examination he
shall find them to be correct, he shall GER
tify correct copy thereof with his allow
ance thereof, to the Auditor of State, and
the Auditor shall, upon presentation of
such certified copy and allowance, issue
his warrant for the amount upon the
Treasurer of State, who shall pay the
same: provided, no allowance shall be
made for the payment of any guard who
shall not have actually assisted in the
transportation of sueh convicts; and also
provided, the sheriff shall net be entitled
to charge mileage for himself for trans
porting any convicts to the penitentiary
oftener than once every twenty days.
!. Sec Q. That the act entitled "an act
to amend the act entitled an act making
provision for carrying into effect the act
for the punishment of crimes" passed
February 26, 1885, and an act entitled
"an act regulating the fees of sherlffs in
civil and criminal cases, passed March
13, 1887" passed January 4, 1888, be
and the same is Fare hereby repealed.
Sec. 8. This act shall take effect and
be in force from and after its passage.
RICHARD g. PARSONS.
Speaker of the House of Representatives,
ROBERT G.. KIRK,
President of the Senate.
March %, 1860.
mo. AL AN ACT
To amend section four hundred and sew
enteen of an act entitled "an act to
establish Code of Civil Procedure"
passed March IL, 1853.
Section /. Be 1t enacted By the Gener-
al Assembly Of the State Of Ohio, That
section four hundred and seventeen of the
above recited act be SO amended as to
read as follows: Section AT. If ajudg-
ment become dormant, it may be revived
in the same manner as is prescribed for
reviving actions before Judgment; and
when the plaintiff to such dormant judg.
ment, his agent or attorney, shall make
~ a fe 5ov:< that <Io dofondanf Ia a n0n.