Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-10
Ohio Legislature.
Thursday, April 8, 1868.
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OniO IeSiSidtuFo.
Thursday, April 0, 1868.
SENATE.
MORNING SESSION.
The PRESIDENT called the Senate to |
order at ten o'clock.
Prayer by Rev. A. G. Byers.
PETITION PRESENTED.
By Mr.. CAMPBELL-From SO citizens of
Butler county, for protection against in
competent dental practitioners. Referred
to the committee on Medical Colleges.
SECOND READING.
Nine bills-two House and seven Senate
bills-were read the second time and re-
ferred to appropriate committees.
THIRD READING.
Senate bill by Mr.. WOODWORTH-To
authorize the election of an additional
Judge in the second subdivision, composed
of the counties of Trumbull, Mahoning
and Portage, of the ninth judicial district,
was read the third time and passed-yeas
34 nays /.
Senate bill by Mr.. EVANS--To amend
section six (6) of ian act to amend section
sixty nine (69) of an act entitled an 'act to
provide for the organization of cities and
incorporated villages" passed May 3, 1852,
as amended March %. 1852. and to repeal
| further to define the duties of county
treasurers, passed April 20, 1862, was read
the third time and passed--yeas 81, nays
none.
This bill relates to county treasurers
acting as treasurers of cities, and prescribes
their fees for such services.
| Senate bill by Mr.. MAY-To amend sec
tion 447 of an act entitled "an act to estab-
lish code of civil procedure" passed March
IL, 1853, was read the third time, when
MIR. MAY stated that the object of the bill
was, where real property has been twice
reappraised and twice offered for sale under
such reappraisments, and not sold for want
of bidders, to enable the court to fiX the
price at which such property may be sold.
The bill was then passed by the follow
ing vote:
| YEAs-Messrs. Biggs, Brooks, Burrows,
| Campbell. Carter, Conant, Dangler. Evans,
Emmitt, Everett, Godfrey, Hall, Jamison,
Keifer, Kenney, Linn, May, Onderdonk,
Potts. Rex, Scribner, Simmons, Stambaugh,
/ Woodwork, Yeoman-25.
| NAYs-Messrs. Berry, Dickey. Golden,
Hutcheson. Kessler, Kramer, Lawrence,
Terrence, Winner-9.
Senate bill reported by Mr.. GOLDEN,
from standing committee on the Judiciary
To amend section two hundred and one of
the ''act to establish code of civil proceed
ure," passed March IL, 1858, was read the
| third time. when
Mr.. SCRIBNER stated that the change
made in the existing law in regard to the
service of process upon railroad companies,
was to allow such service to be made on
the ticket or freight agent.
The bill was then passed yeas 81, nays
none.
Senate bill reported by Mr.. GOLDEN,
from the standing committee on the Judi
ciary-To amend section 3S OF the "act of
the jurisdiction and procedure before JUS
1 ,1c& -, Il @f NIn1 1NrfT Nfn m n
| stables in civil COURTS" passed March IA,
1858, was read the third time, when
Mr.. SCRIBNER stated that this bill
makes the same change in the justices act,
in regard to the service of process upon
railroad companies, that the foregoing bill
does in the general practice law.
The bill was then passed-yeas 81, nays
none.
Senate bill by Mr.. BERRY-To pre-
scribe the manner OF filling vacancies in
the Office of judge of any OF the courts of
this State when a vacancy occurs by rea-
son of expiration of his term, and failure
to anticipate and provide for such vacancy
at the preceding election, was read the
| third time and passed-yeas 30, nays none.
Mr.. SCRIBNER moved to strike out of
the title the words "anticipate and,' which
| was agreed to.
Mr.. TORRENCE'S Senate bill for the
preservation of life and property. was read
/ the third time, when -iE-
Mr.. TORRENCE explained that the OBJ
ject of the bill was to make steamboat own
ers liable for injuries to life and property
by the explosion of their boilers.
| The bill was then passed yeas 30, nays
3.
Senate bill by Mr.. LINN-Supplemen-
tary to the act entitled Ian act to provide
for the creation and regulation OF incorpor-
ated companies" passed May l, 1852, was
read the third time, when
| Mr.. LINN stated that the object of the
bill was to enable religious societies, whose
acts of incorporation require their services
to be conducted in any other than the
English language, to have the same, by a
vote of majority of the society, conducted
in the English language.
The bill was then passed-yeas 80, nays
none.
Senate bill by Mr.. YEOMAN-Supple-
mentary to the act entitled an act to au-
thorize the county commissioners to con-
struct roads on petition of a majority of
resident land owners along and adjacent to
the line of said road, and to repeal an act
passed March 29th, 1867. [Ohio Laws, vol.
| 64, page sol. was read the third time, and
passed-veas "a. nays 2.
Mr.. SCRIBNER moved to strike out of
the title the words sand to repeal an act"
which was agreed to.
This bill relates to review, by the court
of common pleas, of the proceedings OF
county commissioners in laying out and
constructing roads.
Senate bill, by Mr.. BURROWS-To
amend an act entitled ian act to amend
section five hundred and twenty-four of an
act entitled an act to establish code of
civil procedure" passed March IL, 1858;
passed April l. 1862 (Ohio Laws, volume
SO, pages 43 and AZ, was read the third
time, when
Mr.. STAMBAUGH objected to the bill,
because it permitted writ of error TO be
filed to reverse a judgment, three years af-
ter the money had been collected on execu-
tion.
Mr.. BURROWS stated that the bill only
applied to the reversal of judgments, rem
dered by justices of the peace. 1t placed
the right to reverse judgments of justices
upon the same ground as the right to re-
verse judgments of the court OF common
| pleas. ..r.
MIR. STAMBAUGH denied that when a
judgment in the common pleas has been
paid and Cancelled writ of error can be
prosecuted in the district court to reverse
it. The bill allows party three years af-
ter Judgment has been paid to prosecute
his writ of error to reverse it. It was to
this that Mr.. S. objected.
| Mr.. BURROWS remarked that if the
argument of the gentleman had any force,
section 524 of the code should be repealed.
He insisted that the compulsory payment
OF judgment on execution was not re-
lease of error.
Mr.. SCRIBNER referred to a decision of
the Supreme Court that party who had
paid money to save his property from exc
cution, could have the judgment set aside
for error or irregularitv.
The bill was then passed-yeas 80. nays 1.
On motion of Mr.. WOODWORTH, the
Senate, at half-past II O'Clock, took recess
| till P. M.
AFTERNOON SESSION.
The PRESIDENT called the Senate to
order at three o'clock. 81
| ADJOURNMENT RESOLUTION.