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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 All acts and parts of acts con flicting herewith, are herebv repealed.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  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.  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.  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  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.