Mr. Harper moved that the constitutional rule requiring bills_to_be read on three different days be dispensed with, that said bill (H. B. No. 757) may be read the third time. On which motion the yeas and nays were taken, and resulted-yeas 29, nays none, as follows: Those who voted in the affirmative were Messrs. Atkinson, Beer, Carlisle, Carran, Creamer, Eggleston, Entrekin, Fleischmann, Harper, Hartshorn, Horr, Hollingsworth, Jackson, Kirby of Hamilton, Kirby of Wyandot, Marriott, Moore, Mounts, Parker, Pond, Richards, Saltzgaber, Sinks, Strong, Sullivan, Tyler, Van Cleaf, Wilkins of Fulton, and Wilkins of Tuscarawas-29. So the constitutional was dispensed with, and said bill was read the third time. The question being "Shall the bill pass?" the yeas and nays were ordered, taken, and resulted-yeas 29, nays none, as follows: Those who voted in the affirmative were Messrs. Atkinson, Beer, Carlisle, Carran, Creamer, Eggleston, Entrekin, Fleischmann, Harper, Hartshorn, Horr, Hollingsworth, Jackson, Kirby of Hamilton, Kirby of Wyandot, Marriott, Moore, Mounts, Parker, Pond, Richards, Saltzgaber, Sinks, Strong, Sullivan, Tyler, Van Cleaf, Wilkins of Fulton, and Wilkins of Tuscarawas-29. So the bill passed. The title was agreed to On motion of Mr. Saltzgaber, the Judiciary Committee was relieved from further consideration of S. J. R. No. 38. On motion of Mr. Saltzgaber, said resolution was laid upon the table, and ordered printed Mr. Marriott offered the following joint resolution, which was referred to the committee on Printing. S. J. R. No. 69: Be it resolved by the General Assembly of the State of Ohio, That there be printed, for the use of Senators and members, 500 additional copies of the Rules of the Senate and House, in the same manner as under S. J. R. No. 7, 200 copies of which shall be bound in muslin. On motion of Mr. Eggleston, the Senate adjourned. The House of Representatives has passed the following bill, in which the concurrence of the Senate is requested: H. B. No. 617-Mr. Scott of Warren: Supplemental to an act entitled "An act to amend an act entitled an act to amend the act entitled an act to create and establish a common school fund in part of the county of Warren, composed of the Virginia Military District," passed February 20, 1834, passed April 30, 1868. (O. L., vol. 65, p. 259.) Attest: Said bill was read the first time. D. J. EDWARDS, Clerk. MESSAGE FROM THE HOUSE OF REPRESENTATIVES. Mr. President: The House of Representatives has concurred in Senate amendments to Sub. for H. B. No. 171: To amend section 3763 of the Revised Statutes of Ohio. H. B. No. 86: To amend section 2733 of the Revised Statutes of Ohio. Attest: D. J. EDWARDS, Clerk. Bills were read the second time, and referred as follows: H. B. No. 530: To amend section 2803 of the Revised Statutes. To committee on Municipal Corporations. H. B. No. 566: For the better improvement of the public highways in counties having a population in 1870 of 40,609. To committee on Roads and Highways. H. B. No. 752: To authorize the commissioners of Muskingum county to borrow money and complete a county infirmary. To select committee of one-Mr. Jackson. Mr. Van Cleaf submitted the following report: The committee on Revision has examined, and found correctly engrossed, S. B. No. 313. A. R. VAN CLEAF, S. B. No. 313: To amend section 3906 of the Revised Statutes of Ohiowas read the third time. Mr. Creamer moved to refer said bill (S. B. No. 313) to a select committee of one, with instructions to amend as follows: After the last word of section 3906, add as follows: "The provisions of this act shall apply to villages having a population of two thousand and over." Which was disagreed to. The question being "Shall the bill pass?" the yeas and nays were ordered, taken, and resulted-yeas 10, nays 9, as follows: Those who voted in the affirmative were Messrs. Eggleston, Fleischmann, Hartshorn, Kirby of Wyandot, Marriott, Mounts, Parker, Sinks, Tyler, and Van Cleaf-10. Those who voted in the negative were Messrs. Horr, Moore, Pollard, Pond, Richards, Strong, Sullivan, Saltzgaber, and Wilkins of Fulton-9. So the bill, having failed of a constitutional majority, was lost. Mr. Wilkins of Fulton asked and obtained leave of absence for Mr. Harper for to-day. A call of the Senate was had, and the following Senators answered to their names: Messrs. Atkinson, Creamer, Eggleston, Entrekin, Fleischmann, Hartshorn, Horr, Hollingsworth, Jackson, Kirby of Wyandot, Marriott, Moore, Mounts, Parker, Perkins, Pollard, Pond, Richards, Saltzgaber, Sinks, Strong, Sullivan, Tyler, Van Cleaf, and Wilkins of Fulton-25. Mr. Eggleston moved that further proceedings under the call be dispensed with. Which was disagreed to. Messrs. Kirby of Hamilton and Wilkins of Tuscarawas appeared within the bar of the Senate and answered to their names. Senators absent without leave were Messrs. Carran, Cline, and Beebe. The Sergeant-at Arms was dispatched for absentees. The Sergeant-at-Arms reported the presence of Senator Carran within the bar of the Senate. On motion of Mr. Creamer, further proceedings under the call were dispensed with. Mr. Van Cleaf moved to reconsider the vote by which S. B. No. 313 was lost. Which was agreed to. On motion of Mr. Van Cleaf, said bill was laid upon the table. MESSAGE FROM THE HOUSE OF REPRESENTATIVES. Mr. President: The House of Representatives has concurred in the passage of S. B. No. 298: To authorize certain incorporated villages to construct machine shops, and to issue bonds therefor, With the following amendments, in which the concurrence of the Senate is requested: In section 4, line 3, strike out the words or special " Also in line 7, section 4, strike out the word "ten," and insert in lieu thereof the word "twenty." Attest: D. J. EDWARDS, Clerk. The question being on concurring in the amendments, the yeas and nays were ordered, taken, and resulted-yeas 21, nays none, as follows: Those who voted in the affirmative were— Messrs. Atkinson, Creamer, Eggleston, Entrekin, Fleischmann, Hartshorn, Hollingsworth, Kirby of Hamilton, Kirby of Wyandot, Moore, Mounts, Perkins, Pond, Richards, Saltzgaber, Sinks, Strong, Sullivan, Tyler, Van Cleaf, and Wilkins of Tuscarawas-21. So said amendments were concurred in. The following bills were introduced and read the first time: S. B. No. 334-Mr. Sinks: To amend section 1117 of the Revised Statutes of Ohio, as amended April 2, 1880.) S. B. No. 335-Mr. Strong: To amend section 897 of the Revised Stattutes of Ohio. S. B. No. 336-Mr. Hartshorn: To amend section 6864 of the Revised Statutes of Ohio. Mr. Hollingsworth submitted the following report: The committee on Judiciary, to whom was referred S. B. No. 305: To amend section 6302 of the Revised Statutes-having had the same under consideration, report it back, with following amendments, and recommend its passage when so amended: In line 9, strike out the word "twenty," and insert in lieu thereof the word "five." At the end of section 1, add the following words, to-wit: "residing in the county." D. A. HOLLINGSWORTH, R. G. RICHARDS, Said amendments were agreed to. Said bill was ordered to be engrossed and read the third time to-mor row. Mr. Marriott submitted the following report: The committee on Judiciary, to whom was referred H. B. No. 314: To amend section 5189 of the Revised Statutes of Ohio-having had the same under consideration. report it back, and recommend its indefinite postponoment. F B. POND, G. M. SALTZGABER, D. A. HOLLINGSWORTH, Said bill was indefinitely postponed. Mr. Richards submitted the following report: R. G. RICHARDS. THOMAS J. CARRAN, F. M. MARRIOTT. The committee on Judiciary, to whom was referred S. B. No. 292: To amend section 1435 of the Revised Statutes of Ohio-having had the same under consideration, report it back, with following amendments, and recommend its passage when so amended: 1. Strike out the word "and," at the end of line 7, and insert the word "or" in lieu thereof. 2. Insert the following, after the word "demand," in line 8: "and the auditor shall deliver to the governor, with each deed, a certificate, under the seal of his office, in which shall appear the name of the grantee, a brief description of the land conveyed, and such other facts as should appear of record in the executive department, and also a statement that the papers upon which the deed is based are on file in his office, and have been examined by him, and found to be correct, and in accordance with law." F. B. POND, Said amendments were agreed to. Said bill was ordered to be engrossed and read the third time to-mor row. Mr. Saltzgaber submitted the following report: The committee on Judiciary, to whom was referred S. B. No. 274: To amend section 6607 of the Revised Statutes of Ohio-having had the same under consideration, report it back, with following amendments, and recommend its passage when so amended: Strike out all after the enacting clause, and insert the following: That section 6607 be so amended as to read as follows: "Section 6607. If the suit be not continued, place of trial changed, or neither party demand a jury upon the return day of the summons, the justice shall try the cause; and if, after hearing the evidence, he shall conclude that the complaint is not true, he shall enter judgment against the plaintiff for costs; if he find the complaint true, he shall render a general judgment against the defendant and in favor of the plaintiff for restitution of the premises and costs of suit; if he find the complaint is true in part, he shall render a judgment for the restitution of such part only, and the costs shall be taxed as the justice shall deem just and equitable; and if it shall be proven at the trial that the defendant failed to pay rent, at the time agreed upon, and that he is still indebted to the plaintiff for rent, then such defendant shall not be permitted to show that at the commencement of the action he had entered upon a new term, but shall be regarded as one holding over his term. În order to forfeit the term of a lease for non payment of rent, it shall be sufficient for the lessor to demand of the lessee the rent due at any time on the day the same becomes due and payable, or within one day thereafter; and if the same is not paid in three days from the day of demand, then said term shall be forfeited, and thereupon proceedings for the possession of property may be had as provided in section 6599; but this latter clause shall not apply where parties have otherwise contracted. "Section 2. That said section 6607 be and the same is hereby repealed. "Section 3. This act shall take effect and be in force from and after its passage." F. B. POND, LYMAN J. JACKSON, Said amendments were agreed to. Said bill was laid upon the table and ordered printed. MESSAGE FROM THE HOUSE OF REPRESENTATIVES. Mr. President: The following bills have been introduced in the House of Representatives, and read the first time: H. B. No. 753-Mr. Cole: To amend section one of an act entitled " an act to regulate the distribution of any surplus that may remain in the treasury of the county of Scioto, arising from the tax on dogs," passed March 30, 1880. H. B. No. 754-Mr. Cole: To amend section 7246 of the Revised Statutes of Ohio. H. B. No. 755-Mr. Cope: To authorize the trustees of Cadiz township, Harrison county, Ohio, to improve the street and road leading to the township cemetery. H. B. No. 756-Mr. Moore of Washington: To authorize the trustees of Fearing township, Washin ton county, Ohio, to take charge of the burial ground of said township. H. B. No. 758-Mr. Bishop: For the relief of the sureties of A. N. Robinson, late treasurer of Clermont county, Ohio. |