or certificate tion shall have been recorded in the office in which the original must be record-certificate was recorded, and published once in each week for ed. four weeks, in a newspaper printed in each of the counties where the partnership may have places of business; and if a newspaper be not published in any one of said counties, then such notice shall be published in a newspaper in an adjoining county, and of general circulation in the county where such partnership business may be situated. SEC. 21. That when such partnership shall be formed as above prescribed, for manufacturing or mining purposes, and shall purchase or possess lands necessary or convenient for carrying on their business, it shall be lawful for such partnership to rent, cultivate, or improve such lands, and the same shall not be deemed a departure from the regular business of such partnership. SEC. 22. That all suits respecting the business of such partnership, shall be prosecuted by and against the general partners only, except in those cases in which, by the provisions of this act, special partners shall be deemed general partners, and special partnerships deemed general partnerships; in which cases, all the partners deemed general partners may join, or be joined, in such suits. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, January 24, 1846. Speaker of the Senate. Provisions of first section of carawas feeder. AN ACT To amend an act entitled "An act to amend the act entitled an act to provide for the protection of the Canals of the state of Ohio, the regulation of the navigation thereof, and for the collection of tolls," passed March 7, 1842. SEC. 1. Be it enacted by the General Assembly of the former act ex- State of Ohio, That the provisions of the first section of the tended to Tus- act to which this is an amendment, repealing the prohibition to navigate rafts or floats of round or unhewn timber on the Walhonding canal and the Muskingum Improvement, be, and the same are hereby extended, so as to include the Tuscarawas feeder of the Ohio canal. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, January 24, 1846. Speaker of the Senate. AN ACT Providing an adequate compensation for the Judges of the Supreme Court, the President Judges of the Courts of Common Pleas, and the Judge of the Superior Court of Cincinnati. SEC. 1. Be it enacted by the General Assembly of the Salary of Judges. State of Ohio, That each judge of the supreme court shall be entitled to receive, for his services, the annual salary of thirteen hundred dollars; each president judge of the courts of common pleas, and the judge of the superior court of Cincinnati, shall be entitled to receive, for his services, the annual salary of one thousand dollars. SEC. 2. Such salaries shall be paid quarterly, on the last days of March, June, September and December. SEC. 3. All acts and parts of acts conflicting with the provisions of this act are hereby repealed. SEC. 4. This act shall take effect from and after its passage. SEABURY FORD, January 27, 1846. Speaker of the Senate. AN ACT To amend the act to regulate elections, passed February eighteen, one thousand eight hundred and thirty-one. SEC. 1. Be it enacted by the General Assembly of the Penalty imposState of Ohio, That if the clerk of any court of common pleas for not returned upon clerks shall refuse or willfully neglect to make out and forward ab- ing abstracts of election, &c. stracts of votes, as required by the twenty-third and twentyfourth sections of the act entitled "an act to regulate elections," passed February eighteen, one thousand eight hundred and thirty-one, or shall refuse or willfully neglect to make out and deliver certificates of election, as required by the forty-first section of said act, he shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars, nor less than one hundred dollars, or be imprisoned in the jail of the county, and be fed on bread and water only, not more than ten days, or both, at the discretion of the court. SEC. 2. All prosecutions under this act shall be by indict ment. ELIAS F. DRAKE, Speaker of the House of Representatives. January 27, 1846. 5-G. L.. Speaker of the Senate. Five per cent. damages be as sessed, except for condition specified. No writ of error there has been AN ACT In relation to writs of error. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That upon the affirmance of a judgment by the supreme court, on writ of error, brought by the defendant below, the said court shall also render judgment against the plaintiff in error, for five per centum damages upon the amount due from the plaintiff in error to the defendant in error, unless the court shall be satisfied, and so enter upon their minutes that there was reasonable ground for the prosecution of the said writ of error. SEC. 2. No writ of error shall hereafter issue, as a matter to issue where of course, under the sixth section of the act to which this is an entry of wai- amendatory, in any case in which there is upon the minutes of the court, among the files thereof, a waiver of error by the party seeking such writ of error, or his attorney. ver. SEC. 3. That so much of said act as requires the court in bank to be held twice a year, be, and the same is hereby suspended for one year. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, January 31, 1846. Speaker of the Senate. Punishment for ceipts for goods, &c. AN ACT To amend an act entitled" An act to prevent fraudulent practices," passed March 12, 1844. SEC. 1. Be it enacted by the General Assembly of the giving false re- State of Ohio, That if the keeper of any warehouse, or any agent, clerk, or other person employed in or about any warehouse, or if any other factor or agent, or any clerk, or other person employed in or about the business of such factor or agent, shall give to any person a writing purporting to be a receipt for, or an acknowledgment of any goods, or other property, having been received in his warehouse, or in the warehouse in or about which he shall be employed, or in any other manner received by him, or by the person in or about whose business he shall be employed, before the goods, or other property named in such receipt or acknowledgement, have been actually delivered to him as aforesaid, with intent to injure, deceive or defraud any person or persons whomsoever, both he, and the person accepting such receipt or acknowledgement, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be impris oned in the penitentiary, and kept at hard labor, for any space of time not exceeding three years, nor less than one year. against the frauds of own ers of goods. SEC. 2. If the owner of any merchandise, or other person Consignees in whose name any merchandise shall be shipped or delivered protected to the keeper of any warehouse, or other factor or agent, to be shipped, shall, after the advancement to him or them of any money, or the giving to him or them of any negotiable security, by the consignee or consignees of such merchandise, without the consent of such consignee or consignees, being, therefore, first had and obtained, make any disposition of such merchandise, different from, and inconsistent with that agreed upon between such owner or other person aforesaid, and such consignee or consignees, at the time of said money being so advanced, or said negotiable security being so given, with the intent to defraud or injure such consignee or consignees, said owner or other person aforesaid, and all other persons conniving with him or them for the purpose of deceiving, defrauding or injuring said consignee or consignees, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, for any space of time not more than three, nor less than one year: Provided, however, that no person shall be subject to prosecution, under this section, who shall, before disposing of such merchandise, pay, or offer to pay to the consignee or consignees the full amount of any advancement made thereon. SEC. 3. This act shall take effect from and after the fourth day of July next. ELIAS F. DRAKE, Speaker of the House of Representatives. SEABURY FORD, January 31, 1846. Speaker of the Senate. AN ACT To amend an act entitled "an act to amend an act for the inspection of certain articles therein enumerated," passed March 9, 1831. SEC. 1. Be it enacted by the General Assembly of the The authority State of Ohio, That the inspectors of sawed lumber, that have of inspectors. been, or may hereafter be, appointed by the several courts of common pleas in this state, shall also be duly authorized to inspect shingles; and in addition to his duties as inspector, is to be considered the only legalized measurer of lumber, with power to appoint deputies, for whose acts he shall be responsible. SEC. 2. That in the inspection of sawed lumber, it shall be Manner of indesignated as clear, first common, second common, and refuse, spection. Fees. by such inspector; and the inspection of shingles, as first and second quality the shingles to be branded on each bundle with the quality, and name of the inspector. SEC. 3. That the fees for inspecting and measuring, shall be fifteen cents per thousand feet, board measure, for sawed lumber; and five cents per thousand for shingles. SEC. 4. This act to take effect from and after its passage; and all acts or parts of acts conflicting with this act, are hereby repealed. ELIAS F. DRAKE, Speaker of the House of Representatives. Speaker of the Senate. February 9, 1846. The Governor authorized to transfer State AN ACT Relating to the stock owned by this State, in the Milan Canal Company. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the governor of this State is hereby austock to Milan thorized and required to transfer to the Milan Canal Company the amount of stock held by the State therein, at any time prior to the first day of July next, upon the payment by the said canal company to the treasurer of state, of the sum of two thousand five hundred dollars, either in money or stock of this state. Canal Com pany. SEC. 2. That if the said company shall fail to pay to the ELIAS F. DRAKE, February 9, 1846. Speaker of the Senate. |