Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-12

Judgment reversed and cause remanded
| No. 125. The State of Ohio ex. rel. oi
James Anderson VS.. Jesse A. Harris ct. al
Commissioners of Holmes county. Man
| damus.
WHITE J. Held:
1. The act of April 6, 1856, to provide for
the payment of local bounties pledged to
volunteers under the calls of the President
for volunteers, issued July 2, and August
4, 1862. (Ohio L., vol. 63, 1867, is not repug-
nant to section %, Art 2, of the Constitu-
tion of this State. Cass township vs.. Dill
Ion, 16 Ohio st. R. 80, approved and al
| lowed.
2. The performance of the duty enjoined,
by the act, on the commission to levy the
tax, therein provided for, is not limited to
the year, 1866. In requiring the tax to be
levied and the bounties to be paid the act
is imperative; in prescribing the time
within which the levy is to be made it is di-
rectOry; and the neglect of the commits
sioners to levy tax, within the time re-
quired, will not deprive the volunteers,
who are not responsible for the default of
the bounty the act was passed to confer.
8. The taxes levied under the act are to
be placed on the tax duplicate and assessed
as other taxes against the taxable property
for the year in which the levy is made.
4. In determining whether the system of
paying bounties, described.in the act, had
been adopted in any county, the commits
sioners act in a ministerial, and not in u ju-
dicial capacity. 1T the facts existed which
made the statute applicable to their coun-
ty, they were bound to ascertain the facts
correctly, and to perform the duty which
the statute enjoined.
5. Mandamus is the proper remedy to
compel the commissioners to proceed under
the statute.
The case to stand for trial on the issues
of fact.
No. 60. Albert Stein v. Steamboat Prai-
rie Rose. Error to the Superior Court of
Cincinnati.
1. Where the Captain of steamboat
hired barge, and executed to the owner
thereof a contract in the name OF the boat,
''for the sum of ten dollars per day, until
delivered back in Cincinnati, in like good
order as received" but no time was mem
toned when the barge should be returned,
or.the money paid
That the barge was to be returned in
reasonable time under the circumstances of
the service for which it was hired that the
amount due for the hire of the barge would
then be payable; that the contract i, entire
and not divisible; and that recovery in
an action brought thereon, after the eeXpira-
tion of such reasonable time, for the
amout then due for the hire of the barge at
the rate specified in the contract, is bar to
subsequent action on the same contract
for the hire of the barge, accruing after the
period embraced in the judgment recover
ed in the former action.
2. Where case is taken on error from
the special to the general term of the Su-
perior Court of Cincinnati, and the judg-
ment of the special term is reversed, it is
not error, under the statute organizing
that court, for the court at general term,
to proceed and render such final jud gment
as should have been rendered at the special
term, when the record shows that, in no
event, can any other Judgment be render
ed in the case if the causee were remanded
to the special term.
Judgment affirmed.
MOTION DOCKET.
No 81. Manassas Huber v. Abraham
Cherry's executors. Passed for notice.
No. So. Gilbert Bercau v. d. T. Cocker
ill ct al. Leave granted to file petition in
error.
No. 81. Charles Edgerly v. The State OF
Ohio. Writ of error granted.
No. 90. Mary E. Reed v. Austin T. Reed.
Leave granted to file petition in error.
No. 81. Joseph Pappenheimer v. c. G.
Megrue, assignee. Leave to file petition
in error refused.
Adjourned until Thursday at 10 o'clock.