THURSDAY, JANUARY 13, 1842.

The Senate met pursuant to adjournment.

Mr. Hostetter presented a petition from members of the Stark county Mutual Insurance Company, for an act to amend their charter; which was referred to a select committee of one, and Mr. Hostetter appointed that committee.

Mr. Crowell presented a petition from citizens of the county of Trumbull, praying for amendments to the act providing for the relief and support of women who may be abandoned by their husbands, and for other purposes; which was referred to the standing committee on the Judiciary.

Mr. Hostetter presented a petition from certain citizens of Ohio, praying for the publication of such a number of the acts of the legislature of each year, that a portion of them may be disposed of by sale; which was referred to the standing committee on the Judiciary.

Mr. Waddle, from the standing committee on Roads and Highways, to which had been referred the petitions on that subject, reported a bill (S. No. 61,) "to vacate part of the state road running from the south east corner of Trumbull county, to New Portage, on the Ohio canal, commonly called the "county line road; which was read the first time..

Mr. Ford, from the select committee on that subject, reported a bill (S. No. 62,) "to explain and amend the act incorporating the city of Cleveland, passed March 5, 1836, and the amendments thereto;" which was read the first time.

Mr. Hostetter, from the select committee on that subject, reported a bill (S. No. 63,) "to amend the act entitled, an act to amend an act entitled, an act to incorporate the Stark county Mutual Insurance Company, passed March 27, 1841;" which was read the first time.

The following bills were read the second time, committed to a committee of the whole Senate, and made the order of the day for this day, to wit:

S. No. 58; A bill declaratory of the forty sixth section of the act entitled, "an act relating to wills."

S. No. 59; A bill to amend the act entitled, "an act to incorporate the Portsmouth Dry Dock and Steamboat Basin Company," passed 9th March, 1839.

S. No. 60; A bill to regulate the proceedings and practice under an act providing for the appointment of a Board of Bank Commissioners, and for the regulation of banks within the state of Ohio, and the acts amendatory thereto.

The following bill of the House was read the third time and passed, to wit:

H. No. 46; An act to incorporate the Mechanics Institute of Ur

bana.

Mr. Stanton, from the joint select committee on that subject, report

ed a bill (S. No. 64,) "fixing the times of holding the courts of common pleas;" which was read the first time.

On motion of Mr. Goodin,

The Senate resolved itself into committee of the whole, Mr. Robbins in the chair, on the orders of the day, and after some time spent in the consideration thereof, the committee rose, and reported back the following bills:

S. No. 51; A bill to change the name of Theodore Oliver; without amendment.

Recommitted to the standing committee on the Judiciary.

S. No. 54; A bill further to amend an act entitled, "an act to incorporate the town of Salem, in the county of Columbiana;" without amendment.

Recommitted to the standing committee on corporations.

S. No. 55; A bill to restore Leonard L. Bush to his legal rights and privileges; without amendment.

Recommitted to the standing committee on the Judiciary.

On motion of Mr. Spangler,

The Senate again resolved itself into committee of the whole, Mr. Spangler in the chair, on Senate bill No. 56, to lay out and establish a state road in the counties of Hancock and Hardin, and after. some time spent in the consideration thereof, the committee rose and reported the same back without amendment.

Recommitted to the standing committee on Roads and Highways. Mr. Bartley, from the standing committee on the Judiciary, to which was recommitted Senate bill No. 52, authorizing the commissioners of Hancock county to assess additional taxes for bridge purposes, reported the same back, and asked to be discharged from the further consideration thereof, and that the bill be recommitted to the standing committee on Finance, which was agreed to.

Mr. McConnell moved that the Senate reconsider its vote on the engrossment of Senate bill No. 20, to authorize the sale of school section sixteen, in Chesterfield township, in the county of Lucas.

Mr. Root demanded the yeas and nays, which, being ordered, were, yeas 20, nays 11, as follows, to wit:

Yeas-Messrs. Aten, Bartley, Clark, Dewey, Ford, Godman, Goodin, Harris, Hazeltine, Leonard, McConnell, Ream, Ritchey, Robbins, Sill, Taylor, Thomas, Van Vorhes, Wade, and Walton-20.

Nays-Messrs. Barnett, Converse, Foos, Holmes, Mitchell, Nash, Root, Spangler, Stanton, Waddle, and Speaker-11.

So the vote was reconsidered.

On motion of Mr. Godman,

The bill was laid upon the table.

On motion of Mr. Thomas,

The Senate took up Senate bill No. 16, to prevent usury, and to regulate the rate of interest.

Mr. Thomas moved that the bill be referred to a select committee of

one.

Mr. Leonard moved to amend the motion by instructing the committee to report back the bill in such a shape as to make no distinction in the rates of interest, and not to increase that rate above 6 per centum; upon which motion the yeas and nays being demanded, were ordered, and were, yeas 20, nays 12, as follows, to wit:

Yeas-Messrs. Aten, Barnett, Foos, Goodin, Harris, Hazeltine, Holmes, Latham, Leonard, Mitchell, McConnell, Perkins, Ream, Root, Spangler, Taylor, Van Vorhes, Wade, Waddle and Walton-20. Nays-Messrs. Bartley, Crowell, Dewey, Ford, Godman, Hostet ter, Ritchey, Robbins, Sill, Stanton, Thomas and Speaker-12.

So the instructions were agreed to.

Mr. Stanton moved further instructions, but pending the consideration thereof,

On motion of Mr. Bartley,

The bill was laid on the table.

On motion of Mr. Walton,

The Senate took up Senate bill No. 42, to enforce the resumption and continuance of specie payments by the banks within the state of Ohio.

The question being on agreeing to the following amendment, heretofore offered by Mr. Bartley:

Sec. 6. Whenever any banking institution shall have made an abandonment and forfeiture of its charter, and all its corporate powers and privileges, under the first section of this act, it shall be the duty of the court of common pleas, or supreme court in chancery, by injunction, to restrain any such bank, and its officers, from exercising any of its corporate rights, powers, or privileges, and from collecting or receiving any debts or demands, and from paying out, or in any way transferring or delivering to any person, any of the moneys, property or effects of such bank, until such court shall otherwise order; and such injunction may be issued on the application of any prosecuting attorney, in behalf of this state, or of any county in this state, or of any creditor of such banking institution, upon bill or petition filed for that purpose, and upon the satisfactory proof, by affidavit or otherwise, of such abandonment and forfeiture, to authorize the issuing of the same.

Mr. Leonard asked for a call of the Senate, which was made, and Messrs. Carpenter, Henderson, and Taylor found absent; when

On motion of Mr. Leonard,

Further proceedings under the call were dispensed with.

Mr. Bartley then demanded the yeas and nays on the question of agreeing to the amendment, which were ordered, and were, yeas 20, nays 13, as follows, to wit:

Yeas-Messrs. Barnett, Bartley, Clark, Crowell, Dewey, Ford, Foos, Godman, Latham, Nash, Perkins, Ritchey, Robbins, Root, Sill, Spangler, Stanton, Van Vorhes, Wade and Waddle-20.

Nays-Messrs. Aten, Goodin, Harris, Hazeltine, Holmes, Hostetter,

11-S. J.

Leonard, Mitchell, McConnell, Ream, Taylor, Walton and Speak

er-13.

So the amendment was agreed to.

The question then recurred on agreeing to the following amendment, also offered by Mr. Bartley:

Sec. 7.. Upon such application being made, and in any stage of the proceedings thereupon, it shall be the duty of such court to appoint one or more receivers, to take charge of the property and effects of such banking institution, and to collect, sue for, and recover the debts and demands that may be due, and the property that may belong to such bank, who shall, in all respects, be subject to the control of such court, and under such bonds, liabilities and penalties, as such court may deem necessary and proper; and such proceedings shall be conducted according to the usual practice in courts of chancery; and such receiver or receivers, shall possess all the powers and authority, and be subject to all the obligations and duties conferred and imposed upon receivers in chancery, proceedings against co-partnerships, or where co-partners are made parties.

Mr. Taylor demanded the yeas and nays, which, being ordered, were, yeas 17, nays 16, as follows, to wit:

Yeas-Messrs. Barnett, Bartley, Clark, Dewey, Ford, Foos, Godman, Latham, McConnell, Nash, Perkins, Ritchey, Robbins, Sill, Spangler, Stanton and Van Vorhes-17.

Nays-Messrs. Aten, Crowell, Goodin, Harris, Hazeltine, Holmes, Hostetter, Leonard, Mitchell, Ream, Root, Taylor, Wade, Waddle, Walton and Speaker-16.

So the amendment was agreed to.

The following amendment, also offered by Mr. Bartley, then came up for consideration:

Sec. 8. When any creditor of any such banking institution shall seek to charge the directors, president, or other superintending officers of such bank, or the stockholders thereof, on account of any individual liability of such directors, officers, or stockholders, to pay any of the debts or liabilities of such bank, he may issue a scire facias against any such directors, officers, or stockholders, in any stage of the aforesaid proceedings in chancery against such bank, and make them parties thereto; and such court shall possess full jurisdiction and power to enforce such liability.

Mr. Taylor demanded the yeas and nays on agreeing to the amend ment, which, being ordered, were, yeas 16, nays 18, as follows, to wit:

Yeas-Messrs. Barnett, Bartley, Clark, Ford, Foos, Godman, Hazeltine, Holmes, Latham, McConnell, Perkins, Ritchey, Robbins, Sill, Spangler and Stanton-16.

Nays-Messrs. Aten, Crowell, Dewey, Goodin, Harris, Hostetter, Leonard, Mitchell, Nash, Ream, Root, Taylor, Thomas, Van Vorhes, Wade, Waddle, Walton and Speaker-18.

So the amendment was rejected.

The question then turning on agreeing to the following amendment, offered by Mr. Bartley:

Sec. 9. Whenever a judgment at law, or a decree in equity, shall be obtained against any banking institution, and an execution, issued thereon, shall have been returned unsatisfied, in part or in whole, and without property found wherewith to satisfy the same, upon the petition in chancery of the person obtaining such judgment or decree, or his, or her representatives, it shall be the duty of the court of common pleas, or supreme court in chancery, to sequestrate the stock, property, things in action, and effects of such banking institution, and to appoint. a receiver or receivers of the same, under such bonds, conditions, and penalties such court may deem necessary and proper; and, upon a final decree on any such petition, such court shall cause a just and fair distribution of the property, effects, &c., of such bank, and of the proceeds thereof, to be made among the fair and honest creditors of such bank, in proportion to their debts respectively.

Mr. Taylor demanded the yeas and nays, which, being ordered, were, yeas 24, nays 10, as follows, to wit:'

Yeas-Messrs. Barnett, Bartley, Clark, Dewey, Ford, Foos, Godman, Hazeltine, Holmes, Latham, Leonard, McConnell, Nash, Perkins, Ritchey, Robbins, Root, Sill, Spangler, Stanton, Thomas, Van Vorhes, Wade and Waddle-24.

Nays-Messrs. Aten, Crowell, Goodin, Harris, Hostetter, Mitchell, Ream, Taylor, Walton and Speaker-10.

So the amendment was agreed to.

It was then moved that the bill and amendments be recommitted to the standing committee on the Currency; upon which motion the yeas and nays being demanded, were, yeas 16, nays 18, as follows, to wit:

Yeas-Messrs. Aten, Clark, Goodin, Harris, Hazeltine, Holmes, Hostetter, Latham, Leonard, Mitchell, McConnell, Ream, Ritchey, Spangler, Taylor and Walton-16.

Nays-Messrs. Barnett, Bartley, Crowell, Dewey, Ford, Foos, Godman, Nash, Perkins, Robbins, Root, Sill, Stanton, Thomas, Van Vorhes, Wade, Waddle and Speaker-18.

So the motion was lost.

Mr. Nash moved that the Senate adjourn; upon which motion, Mr. Walton demanded the yeas and nays, which, being ordered, w ere, yeas 10, nays 24, as follows, to wit:

Yeas-Messrs. Ford, Foos, Godman, Harris, Hostetter, Mitchell, Nash, Sill, Thomas and Van Vorhes-10.

Nays-Messrs. Aten, Barnett, Bartley, Clark, Crowell, Dewey, Goodin, Hazeltine, Holmes, Latham, Leonard, McConnell, Perkins, Ream, Ritchey, Robbins, Root, Spangler, Stanton, Taylor, Wade, Waddle, Walton and Speaker-24.

So the Senate refused to adjourn.

Mr. Leonard moved to fill the blanks by inserting in first blank the word "first," and in the second blank the word "February."