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Mr. Corry moved to strike out the 19th section of the bill, and spoke in support of the motion; and was replied to by Mr. Parsons and Mr. Holmes.

Messrs. Smith of Franklin, and Smith of Montgomery, spoke in favor of the amendment, when

Mr. Smith of Montgomery, moved that the amendment be amended by striking out all after the word " shall," in the first line, to the word "when," in the third line, which motion was agreed to, when

The question turned on the adoption of the amendment of Mr. Corry.

The yeas and nays were demanded and resulted, yeas 24, nays 65.

Those who voted in the affirmative were

Messrs. Andrews, Bell, Boehmer, Cable, Chaney, Corry, Cowan of Ashland, Egley, Green, Grier, Hamilton, Jewett, Langdon, Lyle, McElwee, Miller, Odell. Ogle, Pittman, Ralston, Robinson, Smith of Franklin, and Thompson of Brown

24.

Those who voted in the negative were

Messrs. Allen, Anderson, Blair, Blakeslee, Boyer, Brayton, Bunker, Burns, Burton, Cadwell, Campbell, Carlin, Clark of Gallia, Clark of Harrison, Cook, Dooley, Flowers, Franklin, Gabriel, Games, Gatch, Guthrie, Hains, Hawkins, Holbrook, Holmes, Hosea, Hunter, Hutchison of Washington, Irion, Latham, Lawton, Littler, McCurdy, McFarland, Mendenhall of Columbiana, Mills, Monroe, Mygatt, Needham, Parsons, Patterson, Peck, Plympton, Post, Potts, Ricker, Russell, Shepherd, Sinnet, Smith of Knox, Smith of Montgomery, Thompson of Coshocton, Thompson of Meigs, Todd, Townsend, True, Truesdale, Turner, Turpin, Watson, Weatherby, West, Williamson, Yaple and Speaker-65.

Mr. Corry moved further to amend the 19th section by adding the following: "And until such moneys shall actually be paid out for such purpose or purposes, and said commissioners shall, if they deem necessary, take such good and sufficient security as they may deem proper to secure the repayment of said moneys, which shall be taken in the name of the State of Ohio, and deposited in the office of the Auditor of State."

Mr. Corry supported this amendment, which was also discussed by Messrs. Hosea, Smith of Montgomery, Parsons, Yaple and Bell.

The amendment was then agreed to, when the bill was ordered to be engrossed and read a third time to-morrow.

H. B. No. 248; Supplementary to an act defining the powers and duties of justices of the peace in criminal cases, passed March 27, 1837,

Was read a third time and passed-yeas 69, nays 14.

Those who voted in the affirmative were

Messrs. Allen, Bell, Blakeslee, Boehmer, Boyer, Brayton, Bunker, Burton, Cable, Campbell, Clark of Gallia, Clark of Harrison, Cook, Corry, Cowan of Shelby, Dooley, Egley, Flowers, Franklin, Gabriel, Games, Goudy, Green, Grier, Guthrie, Hains, Hamilton, Hawkins, Holmes, Hosea, Hutchison of Washington, Jewett, Langdon, Lawton, Littler, Loveland, Lyle, McCurdy, McElwee, McFarland, Mendenhall of Columbiana, Miller, Mills, Monroe, Mygatt, Needham, Parsons, Peck, Pittman, Plympton, Post, Potts, Ralston, Russell, Shepherd, Sinnet, Smith of Franklin, Smith of Montgomery, Thomas, Thompson of Coshocton, Thompson of Meigs, Todd, Townsend, Truesdale, Turner, Underhill, Watson, Weatherby, West, Yaple and Speaker—69.

Those who voted in the negative were—

Messrs. Andrews, Blair, Cadwell, Carlin, Chaney, Cowan of Ashland, Irion, Odell, Ricker, Robinson, Smith of Knox, Thompson of Brown, Turpin, and Williamson-14.

Mr. Egley moved that a message be sent to the Senate for S. B. No. 90; which motion was agreed to.

Leave of absence was granted to Mr. Hendren until Tuesday next.

On motion of Mr. Littler,

The House adjourned.

Attest:

J. S. ROBINSON Clerk.

THURSDAY, FEBRUARY 26, 1857.

Prayer by Rev. Mr. Morris.

The journal was read and approved.

Mr. Truesdale presented the memorial of J. M. Hole and forty-five other citizens of Mahoning county, praying for a law regulating the rate of interest on money, and fixing the same at 6 per cent.; which was referred to the committee on Finance.

Mr. Irion presented the claim of Dr. E. B. Fee, which was referred to the committee on Claims.

H. B. No. 269; To authorize the Dayton Academy to convey real estate,
Was read a third time and passed-yeas 75, nays none.

Those who voted in the affirmative were

Messrs. Allen, Blair, Boehmer, Boyer, Brayton, Bunker, Burns, Burton, Cable, Cadwell, Campbell, Chaney, Clark of Gallia, Cook, Cowan of Ashland, Cowan of Shelby, Dooley, Flowers, Franklin, Gabriel, Games, Goudy, Guthrie, Hains, Hamilton, Hatcher, Holbrook, Hosea, Hume, Hunter, Hutcheson of Madison, Hutchison of Washington, Irion, Jewett, Latham, Lawton, Littler, Lyle, McElwee, McFarland, Mendenhall of Columbiana, Miller, Mills, Monroe, Mygatt, Needham, Odell, Ogle, Parsons, Peck, Plumb, Plympton, Post, Potts, Ralston, Ricker, Robinson, Russell, Sepherd, Simmons, Sinnet, Smith of Montgomery, Tenney. Thompson of Brown, Thompson of Coshocton, Townsend, True, Truesdale, Turpin, Watson, Weatherby, West, Williamson, Yaple and Speaker-75.

S. B. No. 204; To incorporate the Bank of Ohio and branches, was read a third time.

A call of the House was demanded, and 89 members answered to their names. On motion of Mr. Townsend,

All further proceedings under the call were dispensed with.

Thursday, February 26, 1857.

223 The bill was then put upon its final passage, when it passed—yeas 69, nays 24. Those who voted in the affirmative were

Messrs. Allen, Bell, Blair, Blakeslee, Boyer, Brayton, Bunker, Burns, Burton, Cable, Cadwell, Campbell, Clark of Gallia, Clark of Harrison, Cook, Cowan of Shelby, Dooley, Flowers, Franklin, Gabriel, Games, Gatch, Giffin, Guthrie, Hains, Hamilton, Hatcher, Hawkins, Holbrook, Hosea, Hume, Hunter, Hutchison of Washington, Irion, Latham, Lawton, Littler, McCurdy, McFarland, Mendenhall of Columbiana, Mendenhall of Jefferson, Mills, Monroe, Mygatt, Parsons, Peck, Plympton, Post, Potts, Ricker, Rogers, Russell, Shepherd, Simmons, Sinnet, Smith of Montgomery, Tenney, Thompson of Coshocton, Thompson of Meigs, Todd, Townsend, True, Truesdale, Turner, Watson, Weatherby, West, Williamson, Yaple and Speaker-69.

Those who voted in the negative were—

Messrs, Andrews, Boehmer, Chaney, Corry, Cowan of Ashland, Egley, Goudy, Green, Holmes, Jewett, Langdon, Lyle, McElwee, Miller, Needham, Odell, Ogle, Patterson, Pittman, Ralston, Robinson, Thomas, Thompson of Brown, and Turpin-24.

Mr. Thompson of Meigs, gave notice that he would on to-morrow, or some subsequent day of the session, introduce a bill to amend and supplementary to an act entitled an act to prevent the adulteration of alcoholic liquors, passed May 1, 1854.

Mr. Hatcher gave notice that on to-morrow, or some subsequent day of the session, he would introduce a bill to amend an act entitled an act to regulate and limit the compensation of certain county officers, passed April 8, 1856.

Mr. Green, on leave, introduced

H. B. No. 302; To amend the 522d section of the code of civil procedure; which was read the first time.

Mr. Boehmer, on leave, introduced

H. B. No. 303; Making appropriation for the payment of wolf scalp certificates; which was read the first time.

Mr Boyer, on leave, introduced

H. B. No. 304; To provide for making general indexes to dockets and records in offices of the probate court; which was read the first time.

Mr. Boyer, on leave, introduced

H. B. No. 305; To amend the first section of an act defining the jurisdiction and regulating the practice of probate courts; which was read the first time. Mr. Boyer, on leave, introduced

H. B No. 306; Defining the duties of sheriffs in certain cases; which was read the first time.

Mr. Clark of Gallia, on leave, introduced

H. B. No. 307; To amend the act to incorporate the Gallipolis, Jackson and Chillicothe railroad company, passed March 11, 1850; which was read the first time. Mr. Upham, on leave, introduced

H. B. No. 308; Supplementary to an act for the incorporation of cities, &c.; which was read the first time.

Mr. Cowan of Ashland, on leave, introduced

H. B. No. 309; To amend the act for the government and regulation of the lunatic asylums, passed April 7, 1856; which was read the first time.

The standing committee on Railroads and Turnpikes, to whom was referred the memorial of J. A. Beverstock and others, asking protection to owners of real estate against railroad and other corporations, by a law securing full indemnity before such corporation shall be permitted to take possession of their premises, have had the same under consideration, and beg leave respectfully to report that,

In the opinion of your committee, the act entitled "an act to provide for compensation to the owners of private property appropriated to the use of corporations," and the acts amendatory thereto, afford all the protection required by the memorialists, and that no further legislation on that subject is necessary. Your committee, therefore, ask to be discharged from further consideration of said memorial, and that the same be laid upon the table.

THOS. J. S. SMITH,
JOHN F. GAMES,

S. S. HAINS,

C. L. BURTON,

Committee.

R. CAMPBELL,

The above report was agreed to.

The committee on Privileges and Elections, to whom was referred the petition of E. D. Fisher and sundry other citizens of Champaign county, asking for a change of the law regulating elections, so that the polls shall be closed at 4 o'clock, P. M., instead of 6 o'clock, are of opinion that the prayer ought not to be granted, as we think no such change is generally demanded by the people, and that the law is better as it now stands.

D. CADWELL,

A. P. RUSSELL,
NELSON FRANKLIN,

WM. GABRIEL,

JOS. E. EGLEY,
WM. H LATHAM,
L. D. ODELL.

The above report was agreed to, and the committee discharged from the further consideration of the subject.

Mr. Parsons, from the Judiciary committee, reported back H. B. No. 190; In relation to the heirs of Susan Cochran, and recommended its indefinite postponement, and that the parties in interest have leave to withdraw their papers; which recommendation was acceded to, and H. B. No. 190 was indefinitely postponed.

Mr. Parsons, from the committee on the Judiciary, reported back S. B. No. 200; when it was referred to the committee of the Whole.

Mr. Parsons, from the Judiciary committee, reported back S. B. No. 224; To amend an act to amend the 7th section of an act relating to the organization of courts of justice, and their powers and duties, passed February 9, 1852, passed March 17, 1856, and recommended its passage, when,

On motion of Mr. Parsons,

S. B. No. 224 was engrossed at the clerk's desk and read a third time and passed -yeas 88, nays 2.

Those who voted in the affirmative were

Messrs. Allen, Andrews, Bell, Blair, Blakeslee, Boehmer, Boyer, Brayton, Bunker, Burns, Burton, Cable, Cadwell, Campbell, Carlin, Chaney, Clark of

Gallia, Clark of Harrison, Cook, Corry, Dooley, Egley, Flowers, Franklin, Gabriel, Games, Gatch, Goudy, Green, Grier, Guthrie, Hains, Hamilton, Hatcher, Hawkins, Holbrook, Holmes, Hosea, Hume, Hunter, Hutchison of Washington, Irion, Jewett, Langdon, Lawton, Lyle, McCurdy, McElwee, McFarland, Mendenhall of Columbiana, Mendenhall of Jefferson, Miller, Mills, Monroe, Mygatt, Needham, Ogle, Parsons, Patterson, Peck, Pittman, Plympton, Post, Potts, Ralston, Ricker, Robinson, Russell, Shepherd, Simmons, Sinnet, Smith of Franklin, Smith of Montgomery, Thomas, Thompson of Brown, Thompson of Coshocton, Thompson of Meigs, Todd, Townsend, True, Truesdale, Turner, Turpin, Watson, Weatherby, West, Williamson and Speaker-88,

Those who voted in the negative were—

Messrs. Cowan of Ashland, and Yaple-2.

The select committee to whom was referred the memorial of Wm. R. Putnam and others, praying for the enactment of a law for the preservation of the books, plats, records and correspondence of the Ohio Land Company's Purchase, report the same by bill.

S. HUTCHISON,
J. F. HUME,
M. D. GATCH.

In accordance with this report,

H. B. No. 310; For the preservation of the books, plats, records and official correspondence, containing evidence of title to lands in the "Ohio Company's Purchase," and to make copies of the same, was introduced and read the first time. The special committee to whom was referred H. B. No. 265, report the same back with the following amendment:

Add as section 3, and change section 3 to 4

SEO. 3. That whenever the commissioners of any free turnpike road shall have completed the making of the same, they shall immediately thereafter make a final report to the county commissioners, of the total expenditure on said roads, and deposit their books and papers with the county auditor, after which time said free turnpike road shall be kept open and in repair by the road supervisor of the different districts through which it may pass, the same as other State and county roads. The amendment was agreed to, and the bill referred to the committee of the Whole.

Message from the Senate.

Mr. Speaker:

The Senate here with returns to the House S. B. No. 90.

Attest:

W. T. BASCOм, Clerk.

Mr. Egley moved that the vote by which S. B. No. 90 was passed, be reconsidered.

Messrs. Boehmer, Cadwell and Truesdale, opposed the reconsideration.

Mr. Green favored the reconsideration, as did Mr. Thomas and Mr. Todd.

The question being on the reconsideration of the bill,

The yeas and nays were demanded, and resulted-yeas 50, nays 40.

16-HOUSE JOUR.

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