The Perrysburg journal. [volume], May 27, 1854, Page 93, Image 5

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THE PERRYSBURG JOURNAL. 93
emblyofthe State of Ohio, That when the
commissioners of any free turnpike road Khali
fail, cither for the want of time or sufficient
means, to complete such road, it may be
lawful for the county commissioners of such
county or counties, through which said road
may be located, to grunt such extension of
lime for the compleiior of the same, as to
them uiuyseein reasonable and proper; Pro
vided, that said county commisioneis may
further continue, or cause to be continued,
such special taxes as were, by the original
act, or actsjjamendatory. authorized to be as
sessed for the construction of such road, up
on application of a majority of the residents
who are chargeable, with such special tax.
Sec. 2. This act shall be. in force for four
years from an 1 after its passage.
Sec. 3. All acts and parts of acts con
flicting herewith, are herebv repealed.
F. C. LEBLOND,
the House of Representatives.
ROBERT LEE.
President of the Senate. tem.
May 1st, 1854
[85] AN ACT
To extend the jurisdiction of Justices of the
Peace in civil cases, and to amend sec
tions four, five, and seven, of the act en
titled " an act of the jurisdiction and pro
cedure before Justices of the Peace, and of
the duties of Constables in civil cases,"
passed March fourteenth, one thousand
eight hundred and fifty-three.
Sec. 1. iVi it enacted by the General As
sembly of the State ol Ohio, That section
four of the act entitled " an act for the ju
risdiction and procedure before justices of
lh" peace, and of the duties of constables in
civil cases," passed March fourteenth, one
thousand eight hundred and fifty-three, be
s ) anrnded as to read as follows: Section 4.
Under the restrictions and limitations herein
provided, justices of the peace shall have
exclusive original jurisdiction of any sum not
exceeding one hundred dollars.and concurrent
jurisdiction with the court of common pleas
in any sum over one hundred dollars and not
exceeding three hundred dollars.
Sec. 2. That section five of the above
mentioned act, be so amended as to read as
follows : Section 5. When the. balance claim
ed to be duo, on any open or unsetled ac
count, or any bill, note, or bond, shall be
h s than three hundred dollars, the party by
whom such balance shall be, claimed, may
commence his action therefor b 'fore, a justice
of the peace, who shall have power, and he
i hereby authorized to hear and determine
the matters in controversy, without regard
to the original account or contract, und le;
may render judgment for any balance found
(iue not exceeding three hundred dollars ; anil
if any plaintiff appeal from a judgment en
tifil in his favor for such balance, and shall
recover judgment for a sum greater than three
hundred dollars, besides interest and costs,
i' shall not recover costs on such appeal.
Sec. 3. That section seven of the above
named act, be so amended as to read as fol
lows : Section 7. If any debtor shall appear
before a justice of the peace, without process,
and confess that he is indebted to another,
it shall be lawful for such justice, on the ap
plication of the creditor, to render judgment
on such confession against the debtor for any
sum not exceeding three hundred dollars.
Sjc. 5. That the original sections four,
six, and seven, of the act to which this is
amendatory, be, and the same are hereby
F. C. LEBLOND.
Speaker the House of Representatives.
ROBERT LEE.
President of the Senate, pro tem.
May 1st, 1854.
[89] AN ACT
To amend section forty-nine of the Code of
Civil Procedure the State of Ohio.
Sec. 1. Be it enacted by the General As
sembly of the State of Ohio, That section
forty-nine of the Code of Civil Procedure of
the 'state of Ohio, be, and the 6ame is here
by amended so as to read as follows : Section
49. An action against the owner of a line
of mail stages, or other coaches, for an inju
ry to person or property, upon the road or
line, or upon a liability as carrier, and any
action against a railroad company, may be
brought in any county through or into which
such road or line passes ; and said original
section forty-nine is
F. C. LEBLOND,
the House of
ROBERT LEE,
President of the Senate, pro tem.
May 1st, 1854.
[90] AN ACT
Supplementary to the act entitled " an act
defining the jurisdiction and regulating
ihe practice of Probate Courts," passed
March 14, 1S53, and to amend said act.
Sec. 1. Re. it enacted by the General As
sembly of the State of Ohio, That the sec
ond section of the act entitled " an act de-'
fining the. jurisdiction and regulating the
practice of Probate Courts." passed March
11, 1853, be amended so as to read as fol
lows : Sec. 2. The Probate Court shall have
exclusive jurisdiction, except as hereinafter
provided.
First. To take the proof of wills, and to
admit to record authenticated copies of wills
executed, proved and allowed in the courts
of any other state, territory, or country.
Second. To grant and revoke letters tes
tamentary, ond of administration.
Third. To direct and control the conduct,
and to settle the accounts of executors and
administrators, and to order the distribution
of estates.
Fourth. To appoint and remove guardi
ans, to direct and control their conduct, and
to settle their accounts.
Fifth. To grant marriage licenses, and
licenses to ministers of the gospel to solemn
iz; marriages.
Sixth. To make inquests respecting lu
natics, insane persons, idiots, and deaf and
dumb persons, subject by law to guardian
ship. Seventh. To make inquests of the
amount of compensation to be made to the
owners of real estate, when appropriated by
any corporation legally authorized to make
such appropriation.
Eighth. In the criminal cases hereinaf
ter specified.
Ninth. To try contests of the election of
Justices of the Peace.
Sec. 2. That section eight of said act be
amended so as to read as follows: Sec. 8.
Letters testamentary, or of administration
or guardianship, shall not be issued to any
person, after his election to the office of
Probate Judge, and before the expiration of
his term of office ; and if any probate judge
shall be interested as heir, legatee, devisee,
or in any other manner, in any estate which
would otherwise be settled in the county
where he resides, all such estates, and all
accounts of guardians, in which said probate
judge may be interested shall ba settled
by the Probate Court of an adjoining
county.
Sec. 3. That appeals may be taken from
any order, decision or decree, of the pro
bate, court, in settling the accounts of an
executor, administrator or guardian, or in
the proceedings for the completion of real
contracts, by any person against whom such
order, decision or decree shall bs made, or
who may be effected thereby, to the court of
common pleas.and the cause so appealed shall
bj tried, heard, and decided in the court of
common pleas, in the same manner as though
the said court of common pleas had original
jurisdiction thereof : Provided, that no such
appeal shall be. taken unless the value of the
property, or the amount in controversy, ex
ceeds the sum of one hundred dollars.
Sec. 4. The person desiring to take an
appeal as provided in section three, shall,
within twenty days after the making of the
order, decision or decree, from which he
desires to appeal, give a written undertaking,
executed on the part of the person appeal
ing, to the adverse party, with one or more
sufficient sureties, to be approved by the
Probate Judge, and conditioned that the
party appealing shall abide and perforin the
order, judgment or decree, of the appellate
court, and shall pay all moneys, costs and
damages, which may be required of or
awarded against said party, by such court.
When the order, decision or decree, from
which the appeal is taken, directs the pay
ment of money, the undertaking shall be in
double the amount thereof, and, in othet
cases, in such amount as Bhall be prescribed
by the probate court. ' " " 1
Sec. 5. The probate judge shall, upon
the giving of the undertaking, as provided
in section four, make out an authenticated
transcript of the docket or journal entries,
and of the order, decision or decree appeal
ed from, which shall be filed with the clerk
of the court of common pleas, on or before,
the second day of the term of said court
next after an undertaking is given, as herein
before provided, by the person appealing,
and the appeal shall thereupon be consider
ed perfected. The original papers, pertain
ing to the cause, may be used upon the trial,
or hearing, in the court of common pleas.
Sec. 6. "When an appeal is taken as here
inbefore provided, by any person as execu
tor, administrator or guardian, who has
given bond as such in this State, no under
taking shall be required from such executor,
administrator or guardian.
Sec. 7. Upon the decision of any cause,
appealed to the court of common pleas, the
clerk of said court shall make out an au
thenticated transcript of the order, judgment
and proceedings ot said court therein, and
shall file the same with the probate judge,
who shall record the same, and the proceed
ings thereafter shall be the same as if such
order, judgment and proceedings, had been
had in the probate court.
Sec. 8. The following books shall be
kept by the probate court, and blank books
for the purpose shall be procured by the
county auditor, at the expense of the
county :
1st. A criminal record, in which shall be
made, a fair and accurate entry of all crimi
nal actions instituted in said court, with
the proceedings had therein.
2d. A civil docket, in which shall be
noted the names of parties to all actions and
proceedings, and the name of the deceased
person, infant, insane person, idiot, or luna
tic, in the matter of whose estate the said
court shall exercise jurisdiction ; it shall
also contain a minute of the time of the
commencement of such actions and pro
ceedings, and filing the papers relating to
any matter in such court, and also a brief
note of all orders made in such action, pro
ceeding, or matter, and the time of entering
the same.
3d. A journal, in which shall be kept
minutes of all official business, transacted
in the probate court, or by the probate judge,
in all civil actions and proceedings.
4th. A record of wills, in which shall be
recorded all wills proven in such court, with
a certificate of the probate thereof, and all
wills proven elsewhere, with the certificate
of probate, authenticated copies of which
have been admitted to record by said court.
5th. A final record, which shall contain
a complete record in each cause, or matter,
of all petitions, answers, and demurrers,
motions, returns, reports, verdicts, awards,
orders, and judgments ; and which record
shall be made up and completed within
ninety days after the final order or judgment
shall have been made in any of the matters
aforesaid ; and he shall also, within thirty
days after the return of the same, record all
inventories, sale bills, and allowances to
widows, in a book to be provided for that
purpose.
6th. A record of accounts, which shall
contain an entry of the appointment of
executors, administrators and guardians,
and all partial and final accounts of ex
ecutors, administrators and guardians, and
the orders and proceedings of the courts
thereon, within sixty days after the filing
and approval of the same.
7th. An execution docket, in which
shall be entered a memorandum of all execu
tions issued by the probate judge, both in
civil and criminal cases, stating the names
of the parties, the name of the person to
whom delivered, and his' return thereon.
It shall also contain the.' date of issuing the
execution, and the amount ordered, to be col
lected, stating the cosfi separately from the
fine or damages and the 'payments thereon,
and the satisfaction thereof, whence same
is satisfied. To each of said books shall be
attached an index, securely bound in the
volume, which shall at all times be kept up
with the entries therein, and refer to such
entries alphabetically, by the names o the
parties or person in wnich it is origUally
entered, indicating the page of Ihe book
...u i j . fi '
vwiciq iue cuuj is juauc
Sec. 9. That sections two, eight, and
eleven, of the act aforesaid, be, and the same
are hereby repealed.
F. C. LEBLOND.
Speaker the House of Representatives.
ROBERT LEE.
President of the Senate, pro tem.
May 1st, 1854
[93] AN ACT
To prevent the adulteration of Alcoholic
Liquors.
Sec. 1. it enacted by the General As
sembly of the State of Ohio, That if any
person shall adulterate any spirituous or al
coholic liquors, by mixing the same with
any substance of whatever kind, except as
hereinafter provided ; or if any person shall
sell or offer to sell any spirituous or alco
holic liquors, knowing the same to be thus
adulterated, or shall import into this State,
any spirituous or intoxicating liquors, and
sell or offer for sale such liquors, knowing
the same to be adulterated, or shall se or
offer to sell any spirituous or intoxicating
liquors, not inspected as hereinafter provided,
he, she, or they shall be deemed guilty of a
misdemeanor, and upon conviction thereof,
shall be fined in any sum not exceeding five
hundred dollars, nor less than one hundred
dollars, and shall be imprisoned in the jail
of the county, not more than thirty, nor less
than ten days.
Sec. 2. The probate judge in each county
in this State shall appoint a competent
chemist as inspector, whose duty shall be to
inspect all alcoholic liquors imported into ojr
manufactured in the county in which he is
inspector, unless the same shall have the in
spector's brand of some other county in this
State, which brand shall be evidence of the
purity of the article.
Sec. 3. Said inspector shall, before en
tering upon the duties of his office, give an
undertaking which shall be approved by the
judge of probate, in the. penal sum of not
less than one hundred, nor more than one
thousand dollars, running to the county,
and shall take and subscribe an oath to
faithfully discharge the duties of his office.
Sec. 4. Said inspector shall keep an
accurate account of all liquors by him in
spected, and place his mark on the casks or
barrels, pure, if so found, if not, impure ;
and when he shall find any adulterated li
quors, he shall give notice to the prosecu
ting attorney of the county, of the person
owning and offering for sale, or offering for
sale such adulterated liquors, who shall forth
with institute proceedings against such per
son as hereinafter provided; and if, upon
said trial, he, she, or they shall be found
guilty of a violation of any of the provis
ions of this act, said inspector shall forth
with destroy such adulterated liquor. Said
inspectors shall each be entitled to receive
for their services aforesaid, two dollars per
clay, and mileage at the rate of five cents per
mile, for each mile he may necessarily be
required to travel in the discharge of his
duties, from the owner of the same or the
person offering to sell.
Sec. 5. Any person who shall put into
barrel, cask, or other vessel, branded or
marked pure, by any inspector in this State,
adulterated liquors, sell or offer for sale such
liquors for the purpose of deceiving any per
sons by the sale thereof, shall be deemed
guilty of an attempt to practice a fraud, and
upon conviction thereol, shall be imprisoned
in the penitentiary not more than twelve
months.
Sec. CI. The provisions of this act shall
not be so construed as to prevent druggists,
physicians, and persons engaged in the me
chanical arts, from adulterating liquors for
medical and mechanical purposes.
Sec! 7. Prosecutions for violations of the
first section of this act, shall be commenced
by information, filed in the Probate Court of
the proper county, by the prosecuting attor
ney thereof; which information may be filed
without a previous examination before a
magistrate, and the proceedings, after the
filing of the information, shall be the same
as in other criminal cases in the probate
court.
Liquors. F. C. LEBLOND.
the House of Representatives.
ROBERT LEE.
President of the Senate, pro tem.
May 1st, 1854.