OCR Interpretation


The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, May 12, 1852, Image 1

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CADIZ, OHIO, WEDNESDAY, MAY 12, 1852.
TERMS $1,50 IN ADVANCE
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j LAWS OF OHIO.
"FUBLISHEDBY
t"7 No. 48." "
AN ACT for the Protection of Sheep.
- Sec. 1. Be it enacted by the General
. Assembly of the State of Ohio, That, if
any dog or dogs, shall kill or injure any
sheep, the owner or harborer ot suchdo!?
: or dogs, or any of them, shall be liable
lor ,all. damages that may be sustained
thereby, to be recovered by the party in
jured, before any court having competent
jurisdiction. .
, Sec 1. 1 It shall be lawful for any per
oh, at any time, ta kill any dog which
may be found running, worying, or injur
ing sheep.-' 14 : ;! il - 1 " ,
Sec. 3. That if the owner of any dog
which is in the habit of running from
home and wandering about without the
presence of its owner, shall neglect or re
iuse to eonfino such dog, after due notice
given of its wandering habits, it shall be
lawful for any- person to kill such dog
whenever it may be found roamiag about
off the premises, and away from thu pre
sence of such owner.
, Sec, 4, . That the act entitled 'An act
, to prevent injury by dogs,' passed De
cember 24th, i 1814, and an act entitled
An act for the protection of sheep,' pass
ed March 15ih, 1850, be, and the same
are hereby repealed: Provided, that noth
ing herein contained shall be so construed
as to interfere, with any rights, liabilities
er claims, that may have accrued under
aid repealed acts.
., JAMES C. JOHNSON,. ;
Speaker of the House of Representatives.
V - WILLIAM MEDILL,
April tt, 1868. President of the Senate.
-' No. 49. ':
'"' AN ACT authorizing the Courts of Jus-,
lice to change the venue in suits wherein
' v it Corporation is a party, in certain cases.
Sec. 1. Be it enacted by the General
Assembly of the State of Ohio, That in
any suit wherein a corporation, having
more than fifty stockholders, is a party,
if the opposite party, plaintiff or defen
dant, as the case may be shall make af
fidavit that lie cannot hare a fair, and im
partial trial in the county in which such
corporation keep its- principal office, or
transacts its principal business, as he vc
" rily 'believes, and if his application shall
"bo sustained, by', the several affidavits to
' the same effect, of five credible persons,
..tesiding. in such county, it shall be the
; 'duty of the court to change; the venue to
some adjoining county, most convenient
to both parties; whereupon the suit shall
be tried or ! heard in the same manner as
if it had been originally commenced in
: such adjoining county.
JAMES C. JOHNSON,
Speaker of the llourcof Representatives.
, . WILLIAM MEDILL,
April il,:1852. 'President of the Senate.
",y:."y .' y No. 50. ' :v
AN ACT to regulate the Superior and
' " Commercial Court of Cincinnati.
1 . Sec. 1. Be it enacted by the General
.Assembly of the State of Ohio, That
whenever the office of Judge of the Supe
rior or Commercial Court of Cincinnati,
shall become vacant, by death, resigna
' tion, or otherwise, such vacancy shall not
' be filled, but the court shall at once cease
and, determine, and all the business there
of, not then disposed of, shall be transfer
1 red to the Court of Common Pleas of
Hamilton county, and the clerk of the said
Court of Common Pleas shall tBke charge
' of the dockets,-journals, records, original
lilcs, and all other property and papers of
said Superior or Commercial Cuuri; and.;
,' uU proceedings, causes, orders, judgments,
decrees; and matters heretofore pending,1
entered and had in the said Superior and
" Commercial Courts, shall stand, be pro
ceeded unon. and orosecuted, in all re
spects, to final determination, as though
the same had been originnily commenced
in the" Court of Common Pleas.
7'y' . ,,. JAMES C. JOHNSON1,, .
Speaker of, the House of Representatives.
!., WILLIAM MEDILL,
' -'-'''"' President of the f?enate."
Vi ..Apni 24, ic52. . . , '. . ,;
'' .77 No77i. ''
A'k 'ACT to attach the county of Noblo
iu ' td the' first subLdivisioh of the Eighth I
"' ' Common Pleas' District. ',,. : , ', , .. .'7
Siecf i'.' ' Be it'enaeted by the General
i Assembly of the State of Ohio, That the
county of Noble be, and hereby is attach-
edto,, and with, the counties of Muskin
gum and Morgan, shall constitute the first
'sub-division of the eighth common pleas,
' district', for ; judicial purposes. :, "7, ,' . '
'.a -w.t. : : . J AMES . C, JOHNSON,, . , V, '
Speaker of the Hou?e of Representatives.
' 'WILLIAM MEDILL, f
' " "" President of the Senate. ',
-lAprit 4, 1852. !. ' ; ; . :;L
)tj':'.-''.',i.li7i.-'N0i-'. " i .:.!.ft.f
' AN' ACT" filing' the time of holding the
district iouri in mocoupiy pi 4 owe, , , j
' giol' j'.' ' Be it enacted by the General
Asnbtyiof the State of 6h& ttat theS
District Court shall hereafter be held in
an foH'tu.e 4dtrf Noble' oiiJ Uetye-,tv-e'whth
4y of August. Mi' r
: " ,!, JAMES. 0. JOHNSON, ,
'Speakcf of the House of Representatives.!
,uU, ,,u., WILLIAM MEDILL, '
w. ' ' President of the Senate.';
;7AprisCiC52,,,:y .;.),:.;'';'t.,,.'-.'f ."..
".""""NoJ 531. -' V--'t
'JkHXf providing for the appointment, .;
of offipersUe Ohiuniteatiary.
"m 'f&c;'1:1" Bo it enacted by the General
"scmbly'pt'. thV State of Ohio, That the !
Governor of tbe State,' ,by and with the
advice aad consent of the Senate, is hcre
1 by " autliot'iKed ! and directed, to 'appoint
' tfii,y(bfWmld:Penltaam
one olwliom 'ghnll be'a isident of the
?minvy "of Franklin,- and no two shall be
rwidf tils' 4)tf, iyni Wh', ytio" shk
hold their office forlhe term 'of two years,
and until their successors arc appointed
and qualified; said directors shall sever
ally take and subscribe an oath or affir
mation, to suppport the constitution of
the United States and of the State of
Ohio, and faithfully to discharge all the
duties which may be required of thera by
law; and in case of any vacancy by death,
resignation, or otherwise, shall occur in
the office of Directors, during the recess
of the general assembly, the governor
shall fill such vacancy by appointment,
subject to the consent of the Senate, when
again convened, ....,
Sec. 2. The Directors shall receive
annually the sum of one hundred dollars,
as compensation for the services required
of them bylaw, to be paid out of the
state treasury, upon the order of the au
ditor of State. ,
Sec. 3. . It shall be the duty of the
Directors to appoint a Warden of the
Penitentiary, who shall hold his office, for
the term of two years, unless sooner re
moved by- the directors on good cause
shown; but in case of removal, the rea
sons therefor shall be entered upon the
books of the institution. The warden
shall take and subscribe an oath or affir
mation, to support the constitution of the
United States and of the State of Ohio,
and faithfully to discharge all the duties
which may be required of him by law; he
shall give bond to the state of Ohio, in
the sum of ten thousand dollars, with at
least two good and sufficient sureties,
who shall be freeholders of this State, con
ditioned for the faithful performance of .
the several duties which may, from lime ;
to time, be imposed upon him by the laws
of this state, which bond shall be approv- .
ed by the directors, and deposited in the ;
office of the treasurer of state. ' The war- j
den shall appoint such number of assis- '
tants as to ihe directors may appear nc-
ccssary, and the assistants so appointed j
shall severally take an onth or affirmation I
to discharge with fidelity their duties as j
such, and shall enter into bonds with the j
state of Ohio, with one or more sufficient J
sureties, to be approved by the directors, j
in any sum not exceeding five hundred
dollars each, conditioned for the faithful
discharge of their duties, which bond j
shall be deposited iii'thc office of treasur- i
cr of state. ' ; i i
Sbc. 4. , The warden shall receive an
annual compensation for his services, to ;
be fixdd by the directors, not exceeding 1
twelve, hundred dollars per annum; each I
assistant shall receive not exceeding thir- !
ty.-five dollar,, per . montli, except, night .
guards, who may receive not exceeding
forty dollars per month, to be fixed by j
the directors, which compensation shall !
be paid quarter yearly out of the treasury i
of state, upon the order of the directors.
That no person so employed shall be en- j.
titled to perquisites, in the shape of board,
provisions, carriages or horses, for them-
selves or families. j
Sec. 5. The warden shall attend to J
the purchasing of the raw materials to be
manufactured in the Penitentiary, and
shall ulso attend to the sale of all articles
manufactured therein; he shall nlso pro
vide food and clothing for the convicts,
and shall have in charge the whole oper
ations of the establishment. All moneys
drawn from the treasury for the use of
the prison, shall be drawn on the order
of the warden, countersigned by at least j
one of the directors, and under such rules j
and regulations as shall from time to time j
be prescribed by law, or the rules estab
lished by the directors.. j
Sec. 0. . The directors shall, in turn :
every two weeks, and in company every
three months, inspect the warden's ac-
counts, the different apartments of the j
prison, and the condition, of the prisoners,
and shall have power to regulate and fix j
' the appointment, duties and salary of all :
officers or agents of the Penitentiary not
otherwise provided for by law; and annu-
ally, in the month of December, submit j
' to the Governor of the State, a report of j
the condition of the prison, together with i
. suggestions as to the improvement that
may to them appear necessary.
- Sec. 7. The directors and warden of
'the Penitentiary shall, from time ta time,
' establish by-laws, rules and regulations,
for the discipline and government thereof;,
and the warden, for himself, and his as
sistants, shall be held responsible for the
observance and enforcement of such by
laws,; rules and regulations; Provided,
always, that such by-laws,, rules and re-
' gulations, shall not be contrary to law;
and the directors shall submit such by
laws, rules and regulations, to the legisla
ture, at each regular session thereof. "
Sec. 8. The warden, by and Uh the
nd vice and consent of the directors, shall
' have power to employ a clerk, whoso du
ty it shall be to keep a fair, plain and re
gular account, in double entry, with the
- state, crediting the same with all money
drawn out of the treasury for the use of
the Penitentiary, and with all moneys re
ceived for the sale of manufactured arti
cles, and charging the same with all mo-.
neys paid out on account of the institution;
He shall also keep a regular account 01 an
' purchases made by the warden, for the
, use of the institution, and of the amount
. of the sales of manufactured, and all oth
er articles; also of the name, ngef and
! general description of each prisoner, and
, the crime for which lie or she has been
convicted, together with any confession'
he or she may make; as well as every
'circumstance connected with his or her,
. ..caso, as may be deemed of importance;
. and shall receive as salary not exceeding
nine hundred ; dollars per annum. The
directors and warden shall hold their re
spective, offices until their, successors are
. appointed and qualified. -h , .
: JAMES C. JOHNSON,
Speaker of the House of Representatives.'
, , , . .; WILLIAM, MEUILL, , ,
, .' President of the Senate. ,
April 26, 1852. ; ;
'" "rT. I-a 1"" "
HO
w i
4N ACT . to .authorize, the execution ot
deeds fo lands purchased of the Htel
it'liK'.' ' if KlH-l Tli.-i.tf
. of Ohio, in cases where the original con
veyance has been lost or destroyed.
Whereas, it is represented to this Gen
eral assembly, that many deeds of convey
ance for lands purchased of the State
were destroyed by fire at the time the
land office, at Defiance was burned, in
consequence of which, such purchasers
have no legal evidence of title to their
lands; Therefore,
Sec 1. Be it enacted by the General
Assembly of the State of Ohio, That the
properonicers are hereby' authorized and
required to execute and deliver to such
purchasers, their heirs or assigns, deeds
of conveyance" for lands so sold, , the
deeds for which has been lost or destroyed,
before coming into the possession of such
purchaser, on the' production to itucK of-
icer of the certificate of purchase; and if,
in any case, such certificate of purchase
should also have been lost or destroyed,
and such loss or destruction can be shown
to the satisfaction of such officers, by af
fidavits,' properly authenticated, and it ap
pearing from the records that a' certitr
cate corresponding with that alleged to
have been lost, was issued, such officers
shall place on file the testimony so pro
duced, and shall issue deeds for such ;
land to the purchaser, the same as if the 1
original certificate had been produced. " -
JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL, .
April 26, 1852. President of the Senate.
No. 55.
AN ACT to
encourage
wolves.
the killing of
Sec. 1 . Be it enacted bv the General
Assembly of the State of Ohio, that any :
person who shall kill any wolf or wolves,
wilhiu thi State; shall be entitled to re
ceive a compensation or reward, for each
wolf above the age of six months, of four
dollars and twenty-five cents; and for
each wolf under the age of six months,
the sum of two dollars and fifty cents.
Sec. 2. That any person claiming
such ' reward, shall produco the 'scalp or
scalps of the wolf or wolves, so killed,
with the cars entire,' within twenty days
after such wolf or wolves were killed, tt
the clerk of the court of common pleas of
the county within which such wolf or
wolves were killed, or of the county to
which such county may bo attached for
judicial purposes; and said clerk shall ad
minister to the person producing such
scalp or scalps, as aforesaid, the following
oath or affirmation: "You do solemnly
-"sfvfcftrYdr" affirm"1 "(a' ' ITie' case"ihriy "be,')
th.it the scalp (or scalps) now produced by
you, is the scalp (or scalps) of a wolf or
wolves (as the case may be,) taken in the
county of (naming the county,) by you,
within twenty days last past, and you ve
rily believe the same to have been over
or under the age of six months, (as the
' case may be,) and that you have not spar
ed the life of any she wolf, within your
power to kill, with a design to increase
the breed;" which oath or affirmation
shall be, by the clerk, taken in writing,
; and subscribed by the person presenting
the scalp or scalps.
Sec. 3. That the clerk before whom
such oath or affirmation is made, after
causing the scalp or scalps to be destroyed
in his presence, shall file the deposition so
taken, in his office, and under the seal
thereof, grant to such person an order on
the treasurer of state for the amount of
moneys which may be due such person by
the provisions of the first section of this
act, which shall be payable to him and to
his order, and shall be received in payment
of taxes, for state purposes; and each and
every order drawn as aforesaid, shall be
' numbered by the clerk, and placed on file
in his office; with the deposition of such
person, which deposition shall, on the back
of the same, contain the receipt of the per
son, for such order drawn as aforesaid.
Sec. 4. That said clerk shall enter in
a book, to be kept by him for that purpose,
the date, number and amount of ail or
ders drawn by him in conformity with the
provisions of the prececding section of
this act; also, the namo of the person to
whom granted; and he shall annually, on
or before the fifteenth day of April, make
i oat and transmit to the au.litor of state,
an exhibit of all orders by him drawn as
. aforesaid.' ' " ' -
ci Sec. 5. 'That it shall be the duty of
, the State Treasurer, immediately on re
ceiving in payment of taxes, or otherwise,
any wolf scalp order, to enter on the face
of the same, the day and date, and the
, word "redeemed," and it shall be the du
ty of the auditor of state on receiving
any such redeemed order from the treas
urer, to file and preserve the same, and
once a year to compare them with the ex
hibit of the clerk of the proper county,
hereinbefore required to be made to said
. auditor..;.. . . ..: 1 -
Sec. 6. That the county commissioners
;. of any county; may increase the bouuty
for killing wolves over six months old, to
; eight dollars per scalp; Provided such in
crease shall be paid out of the treasury of
.-the proper countr. ..-:
, . ; T : ! JAMES C. JOHNSON, ,
. Speaker of the House of Representatives.
WILLIAM MEDILL, :
.; President of tho Senate.
. April 2G.' 1852. . : i .U ' ' ! :
" No. 5(5. " . -V :!;; : ' ' ::'
.. 7 ,. j .; . an act; , - ,:' y
To reorganize the Benevolent Institutions
jA .-,.' -of the State of Ohio...- .A m,.
Sec. 1. Be it enacted by the General.
Assembly of the StaU; of Ohio, That the
' Asylum for the insane, the institutions for
the education of the Deaf and Dumb, and
for the education of the Blind, be placed
under the control or a uoara oi irusiees,
consisting of nine, members, three of which
board shall be selected from-the city of
Columbus, pr its vicinity, and the remain-'
ing six to be selected from tiic different por
tions of the state,, ijo, two or whom shall;
be residents of the same' county, which, '
shall be denominated the Board of Trus
Heec for the Benevolent InstitutionsT Who
shall each taks SB bath- faithfully to di
charge the duties required of them bylaw;
and the said Board shall be appointed im
mediately after the passage of this act,
as provided for in the constitution; the
three first named, shall be appointed for i
two years; the three second named, for
four years; and three last named, for six
years; and after their terms of service
shall successively expire, three others shall
be appointed in like manner, fer the term
of six years. ...
Sec. 2. That to the Board of Trustees
shall be committed all the powers for the
government and .Regulation of the institu
tions above named, now held by the seve
ral boards of trustees of these institutions,
which board of trustees it shall supercede,
from and after; the lime specified in this
act. . , f
Sec. 3. .That the Board of Trustees
. shall appoint from their own number, a
! President, to preside at its meetings, and
a Secretary, to record, attest and preserve
. its proceedings: ,
Seo. 4. That the Board shal 1 appoint
from its own number, a committee of three
. for the institutions aforesaid, which com
mittee shall have control of the respective
ins.it'jiions during the interim of
the stated meetiogs of the Board; all their
acts however, shall be subject to the deci
sion of the whole Board, at its stated meet
ings. '),:),.,.
Sec. & That the board shall meet an
nually, on the first Monday in December,
at which time the, committee above named
and also the Superintendents of the seve
ral institutions shall present their written
reports, which reports shall contain the
names of each and every person employed
about the several institutions, and also the
amount paid to each person, which reports
shall be approved by the board, and pre
sented to the Governor, as provided for in
the constitutions
Sec. 6 That there shall be visitations
and thorough examinations of the several
institutions, monthly by one, and semi-annually
by a majority of the trustees, and
annually, by the whole Boerd of Trustees,
which board shall draw up and preserve,
a detailed ropojjt or record of the procee
dings of the several institutions under their
charge, which jj-ecord shall be subject to
the command ef the General Assembly,
and open at all times to the committee on
Benevolent Institutions.
Sec. 7. That the Treasurer of State
shall be, and he is hereby appointed the
treasurer of these several institutions, and
all the expenses. of the several institutions
shall be paid out of the funds appropria
ted for the Use oT such Institutions, on or
ders signed by the Superintendent nnd two
of the committee.
Sec 8. The Trustees provided for in
this act, shall perform all the duties requir
ed of them, gratuitously; Provided, how
ever, that they shall be entitled to have
their necessary expenses paid, during the
time they may be actually engaged iu the
discharge of their official duties.
Sec. t). That this act shall tako effect,
from and after the first Monday in June
next; and the Board of Trustees appoint
ed under the provisions of this act, shall
meet at the ciiy of Columbus on said day
and organize. , , .
, JAMES C. JOIIN'SON,
Speaker of the House of Representatives.
WILLIAM MEDILL,
President of the Senate.
April 20, 1052. ......
No. 57.
AN ACT .
To provide for the erection of two addi
' , tional Lunatic Asylums. ' '
Sec. 1. Be it enacted by the General
Assembly of the State of Ohio, That the
Governor.by and with the advice and con
sent of the State, is hereby authorized and
required to appoint six Trustees, no two
of whom shall be residents of the same
county, or adjoining counties, whose du
ty it shall be to select and purchase, or re
ceive by gift or donation, two lots of land,
nt such points as in their opinion will best
subserve the public interest, suitable for
the erection thereon of two Asylums for
the insane; the unincumbered title to said
lots to be secured to the "state of Ohio;
Provided, neither of said Asylums shall
be located within five miles of any city
containing fifty thousand inhabitants, nor
, within one mile ot any other incorporated
city, town or vilnge.
. Sec. 2. That in making such selec
tions, the Trustees shall take into consid
eration any donation that may be propos
ed towards the establishment and erection
of said institutions. Each one of said
lots of, land so selected, shall contain not
less than fifty uor more than one hundred
acres. . Said Trustees, after securing the
land, shall forthwith proceed to make ar
rangements for building, on each lot, suit- ,
ablo building for tho euro and treatment
of at least one hundred patients; and to
enable them to proceed without difficulty
. orembarassment, they are hereby author
ized to contract (according to the provis
ions of the following section of this act)
for the necessary materials, nppqint suita
ble persons to attend the erection of the
same, and to perform such other duties as
may be necessary to carry out the objects
herein contemplated.
Sec. 3. That said Trustees of said As
ylum shall submit to some competent arch
itect, a . statement of the dimensions, ar
rangement and plan of each of said Asy
lums, and of all buildings and other im
provements necessary to the perfect Utility
' of said Asylums,; and also a statement of
the several kinds and descriptions of ma
terials which shall be used i the several
parts, of said improvements, as the said
improvements, shall have been agreed up
on by said Trustees; and shall procure to
be executed by said architect, such drafts,
descriptions, plans, estimates arid profiles,
of nil such proposed buildings and. im
provements of grounds, as will enable es
timates to be made therefrom, of the cost
of all Darts of said work and materials;
rand said Trustees shall, at least four weeks
before the time for receiving bidsas herft-
;in provided for, place copios of sueh drafts,
descriptions, plans, estimates and profiles,
n the office of the Secretary of State, and 1
also publish said descriptions in four
newspapers of general circulation throug
out the state, stating therein the parts in
which the said work and materials will be
let, and the terms. And said Trustees,
after said notice, shall let the said work
and materials to the lowest bidder, who
shall execute a bond, w ith two sufficient
securities, conditioned for the faithful per
formance of his contract; but the entire
cost to the state of each of said Asy
lums, including all necessary buildings,
grounds and improvements, shall not ex
ceed in the aggregate, when perfectly com
pleted, seventy thousand dollars; and no
contract shall be made for begining any
Eart of said work, nor shall any work be
egun, until arrangements shall be made
insuring their completion, at an aggregate
not exceeding the sura aforesaid.
Sec. 4. Said Trustees, before enter
ing upon the duties of their office, shall
take and subscribe an oath or affirmation,
before some competent authority, faithful
ly to discharge all the duties required of
them by this act; they shall each be enti
tled to receive three dollars for each day
necessarially employed by them in select
ting sites, contracting for the erection of
bindings, and providing temporary ar
rangement for the accommodation of pa
tients, as provided for in section six of this
net, nnd the expenses necessarily incurred
in the discharge of the duties assigned
them, to be paid out of any moneys in the
State Treasury not otherwise appropria
ted; their accounts to be audited and ul
lowed by the Auditor of State.
Sec. 5. Said Trustees shall be required
to make a fair nnd full report of all their
proceedings, (including the plans of the
buildings adopted by them, ) to the pres
ent General Assembly, if in session; nnd
if not, I hen to the next General Assembly.
Sec. 6. That said trustees may, if in
their opinion the suffering condition of the
insane require it, cause temporary ar
rangements to be made for their accommo
dation and treatment, until the perman
ent buildings provided for in this act shall
be completed; the same, as well as the in
stitution herein contemplated, to be under
the control of said Trustees, and suiject
to the rules nnd regulations provided for
in the several acts for the government of
the Ohio Lunatic Asylum, and the care of
idiots and insane.
Sec. 7. That at the meeting of the
next General Assembly, the Governor
shall nominate, and by and with tho ad
vice and consent of the Senate, appoint
fAx persons, as successors to Uk - Trustees
herein named, who shall manage and di
rect the concerns of tho Asylum, in man
ner as provided for in the several acts for
the "government of the Ohio Lunatic As
ylum, and the care of idiots and insane ;"
and of those first appointed under this sec
tion, two shall serve for one year, two for
two years, and two for three years.
Sec. 0. Said Trustees, to be appointed
ns provided for in the first section of this
act, shall hold their office for the term of
two years, or until their successors are ap
pointed; and incase a vacancy shall oc
cur by death, resignation, or otherwise,
the Governor shall fill such vacancy by ap
pointment, until the next General Assem
bly, or until his seccessor shall be appoint
ed, ns herein provided for. .'.
Sec. 9. That said Trustees, and their
successors in office, shall have power to
take and hold in trust for the use nnd ben
efit of said Asylums, any grant or devise
of land, and any donation or bequest of
money, or other personal properly, to be
applied to the maintenance and snpport of
insane persons, in, or to the general use of
the Asylums.
Sec. 10. That the sum of one hun
dred and forty thousand dollars, is hereby
appropriated for the purchase of the afore
mentioned lots of laud, and the erection of
buildings thereon, as contemplated by this
act, fifty thousand dollars to be paid in the
year 1 852, and the remaining ninety thous
and as the work progresses, after the year
1352, out of any moneys in the State
Treasury, not otherwise appropriated, to
be drawn ou the order of a majority of the.
board of Trustees; Provided, that no mon
eys shall be drawn from the treasury, fast?
er than the progress of the work may re
quire. JAMES C. JOHNSON,
Speaker of tho House of Representatives.
, WILLIAM MEDILL,
President of tho Senate.
April 50, 1852. :
(No.. SC.)
. , ; AN ACT
To regulate elections , for Senators and
i Represeta:ives in New Counties, crea-
. ted wnco March lOlh, 1051, and that
may hereafter be created. 1 ;
,, Seo l. Be it enacted by the General
Assembly of the State of Ohio, That new
counties, created fince the 10th . day of
March, one, thousand eight hundred and
lifiy-one, and all new counties that may
hereafter bo created, shall be represented
in .the .Senate and House of Representa
tives of the Stale, during the decennial
period in which such new , county is or
shall be created, ia the. same . manmr as
if the law creating nny such new county
had not been paused, ;
Sec. 2 The judges of all state nnd
county elections in all sm-li new counties,
shall be governed in all their duties by
the general laws governing elections, so
far as the same are consistent herewith.
, Sec. .3. The judges of elections in the
several townships or flection districts,
composed in whole of territory that origi
nally belonged to any one of the counties
out which such new county is created, shall
cause to be kept two t:parnto poll books
for Senator and Reprecnta'jvej in the
same manner that the general poll book
is required by law to be kept; one of wlik'U
shall be deposited with the township, or
district clerk, as the case may be, ta each
township or election district fur the uie oij
isuch perwn as lny choose taiospeot the,
same;; and the other sbftlk W pertifiedi
( sealed up. and directed in the sains man
m :rqurcd. W,,tfor ,tV. rAjtu.ro o:
the general poll book, and conveyed with-
in three days next after the election, by
one ot the judges thereof, to the clerk of
the court of common pleas, of the county
to which the territory before, and at the
time of the creation of such new county,
belonged.
Sec. 4. The judges of elections of
such townships or election districts as are
composed of territory that originally be
longed to two or more of the counties out
of which such new county is create d, shall
cause to be kept two separate poll hooks
for Senator and Representative, for each
portion of territory that originally belong
ed to different counties, in the same man
ner as the general poll book is required by
law to be kept, one of each of which shall
be deposited wiih the clerk of such town
ship or election district, and the other of
each shall be certified, sealed up and di
rected, in the same manner as required
by law, for the return of the general poll
book, and conveyed within three days m-xt
after the election, by one or more of the
judges thereof, to the clerk of the court
of common pleas of that county to which
the territory before, and .it the time of the
creation of such new county, belonged.
Sec. 5. It shall be lawful for the elec
tors residing in any such township or elec
tion district, as is mentioned in the fourth
section of this act, to v ate for Senator and
Representative, at the usual place of hold
ing elections in such 'ownship ;r election
district; and it shall be the duty of the jud
ges of elections of any such township or
election district, in said fourth section
i mentioned, before they receive a ballot for
' Senator and Representative, to put the
i necessary question to the elector propo
; sing to vote, so as to fix his residence; and
in case the elector is challenged for non
residence in any particular portion of the
township or election district, then it shall
be the duty of said judges to swear or af
firm the elector, to the fact, in the same
manner as for any cause of challenge.
Sec. G. Eor the purpose of carrying
out the provisions of this act, the said jud
ges shall take to their assistance any ne
cessary number of additional clerks, who
shall be paid the same fees, and qmililied
in the same manner as in other cases.
Sec. 7. The several clerks of the co'l't
of common pleas referred to in this act,
shall receive the returns of the elections
for Senator and Representative,' and be
governed in all things thereby, in the same
manner as if the law creating such new
county had not bean passed; and in ma
king out the returns of such electiou,
shall receive nd count the said votes so
returned as aforesaid and certify accord
ingly, and be in all respects governed by
, the general laws in regard thereto, so far
as the same may be consistent herewith,'
and as if said votes were p lled in their
respective couitios; and the said clerks of
court shall give a certificate to the return
ing officer for his fees, the same as for like
services, to the Auditor of their respect
ive counties; and the said Auditor shall
audit the same, and issue an order on tho
Treasurer of the county therefor.
Sec. 0. All votes forScnators and Rep
resentatives in any such new county, shall
bo on a separate ballot.
. Sec. 9. That if tiny officer charged ni.h
any duties under this act, shall neglect or
refuse to perform the same, such officer,
upon conviction thereof, before any court
of competent jurisdiction, shall be fined in
any sum not exceeding one hundred and
fifty dollars, nt the discretion of the court.
Sec. 10. That all fines imposed by this
act, shall be recovered, with costs of suit,
in m nc. ion of debt, or by indictment for
the use of the comity.
JAMES C, JOHNSON,
Speaker of the House of Representatives.'
WILLIAM MEDILL,
President of the Senate.
April 30, 1052. -. .
. No. 59. : . ;
,. ' AN ACT .''' "
Further prescribing the powers and du
ties of "the courts of this State, nnd the .
judges thereof, nnd to repeal the 'eigh
teenth section of the act "relating to
tho organization of courts of justice,
and their powers and duties," passed ."
February nineteenth, one thousand tight r
hundred and fifty -two. "' '.
Sec. I. Be it enacted by the General
Assembly of the State of Ohio, That all
process and remedies anth irized by the .
laws of this state, when the present con
stitution took effect, may b? had and re
ported to in the courts of the proper juris
diction, under the present constitution; .
and all the laws regulating the practice of
nnd imposing duties on, or granting pow
ers to the supreme court, or any judge
thereof, and the courts of common pleas,
or any judge 'thereof, respectively, under :
tho former constitution, except as to mat- ;
tors of probate jurisdiction, in force when
tho present constitution took effect, shall
1 govern the practice of, ,nnd impose liko
duties upon ihe district courts nnd courts
of .common pleas, Hnd the judges thereof,
respectively, created by the present con
: stiiution, so far as such process, remedies
nnd laws, shall he applicable to said courts
respectively, and to the judges thereof,,
and not inconsis'ent with the laws passed i
since the present constitution took effect.
Sec. 2. Each ''judge' of the ' court of" 1
common pleas, shall, in his subdivision, ;
be the presiding judge of said court, and
when any person or persons shall be con '
victed of any crime or oll'ence, and 'the
court of common pleas or .criminal court
of uny county, shall have signed sod seal 1
eda bill of exceptions to any dcoUioa c:
charge of said coutt, such, oourt may, on ;
the upplioatiuft uf thspcftHU or persons
so ouDV'ioted, suspend the execution .of
, the sentence or: judgment, strainst sueh
person or persona, until the nest: term, of '
such court; Provided, that if it haU be
mado to appear at the next tens of sail
, court, that a writ of error has been
, lowed in sny such oa-o, and- ro hearing-
on. BucbiWrit shall have bees had,, it shall
be the dutyjof said court, on application
rnado for that purpose, further tg suspend
such execution, until the hearing of the
came on such writ of error. . ,
Sec. 3. All books, stationery, and oth
er articles for the use of the Supreme
Court, shall be furnished by the Secreta
ry of State, on the order of the eourl;
and no bill for any such articles shall be
allowed or paid, unless furnished in ac
cordance ith the provisions of this act.
Sec. 4. That the eighteenth section of
the "act relating to the organisation of
courts of justice and their powers and du- :
ties," passed Februsry nineteenth, ou
thousand eight hundred and fifty-two, be
and the same is hereby repealed.
JAM ES C.J OH XSOX.
Speaker of the House of Representative!.
, WILLIAM MEDILL.
1 President of the Hrnste.
April 30, 1C5.
No. 60.
AN ACT
To provide for compensation to ownrs of
private property appiopriated to the us
of corporations,
j Sec. I. Be it enacted by the General
! Assembly of the State of Ohio, That all
j appropriations of private property to tl
I use of anv and every corDoration now ex
isting, or that may hereafter be created iu
this state, which may be au'horized by
law to make such appropriation, for th'n
right of way, or for any other purpos
which may be within the scope of the Iv
g il authority of such corporation, shall b
m ule and conducted in accordance with,
the provisions of this act.
Sec. 2. Whenever any such corpvit
tion shall wish to make any sueh appro
priation, and shall be unable to agree witU
t'ie owner or owners of the property
sought to be appropriated, or . wi'h his,
her, or their authorized agent or attorney,
upon the compensation to. be paid there
for, it shall be the duty of such corpora
tion, by iu proper officer, agent or attor
ney, to make out a statement, which sha'.l
contiin a specific description of each par
cel of property and rights sought to be
appropriated, within the county where
such application shall be made, and which
such corporation, at the time of filing such
statement, seeks to 'appropriate, of , the
work, if any, intended to be. constructed
thereupon, the name or names of the
owners of each parcel, if known, or if not,
a statement of that fact, aud such state
ment shall be forthwith filed with the pro
bate judge of the proper countyi , . .
Sec. 3. That it shall be the duty, of
the probate judge, on receiving sueh" no
tice; o immediately notify the clerk of
the court of common pleas, and slieiitf of
the countv, of the filing of such state
ment; anJ the aid clerk and sheriff shall,
within one day after receiving such notice,
proceed to select from the names returned
to serve as jurors.a jury of twelve men,
in the same manner that jurors are select
ed for the trial of any cnuse in the court'
of common pleas, for the purpose of esti
mating and valuing the amount of com
pensation each owner or owners shall re
ceive, or be entitled to, by reason of su.-li
appropriation; and the saij. clerk shall im
mediately return the names of the jur.r.i,
so drawn, to the probate judge, who shall
thereupon issue his venire facias to thu
sheriff or other proper oflk-er of the cjy.x
ty, to summon such jurors, so drawn im
aforesaid, to attend on some day specified,
at the office of said judge, not exceeding
five days from the issuing of said venire,
tl. en and there to be empaneled and sworn
to render a just verdict, in life manner
hereillafter described; and, shall, at th
time of issuing such venire, issue a notice
to the several owners of property s
sought to be appropriated, of the time
when said jury will meet at the officj. of
said judge, for the purposes aforesaid;
which notice such sheriff or other officer
shall serve upon the pirty therein '.named,
nt the time of serving such venire.
Sec. 4. It shall be tlu duty of ih
snenn, or omer proper otticer, receiving
such Venire facias, to summon the perwi
therein named, in the same manner that
jurors are summoned to attend the court
of common pleas; and if, by reason of non
attendance, challenge for cause, or for a
, ny other reason, such jury "slmll not- be
' full; the ''sheriff shall fill "the same, , with
talesmen, as in like cases in the court of
common pleas; but no challenge extent,
for cause, shall be allowed to either in'i--
? ' ' : y ;'
Sec. 5. When the panel is so filleJ it
shall bo the duty of the probate judge to
administer the following oa'.h.to t'ae; jury
so empaneled, to wit: You nnd ettch U
you, do solemnly swear, (or affirm,',) .that
you will justly nnd impartially 'assess, ;.:-
cording to your best judgment, the damn
ges, in money, which (here name the own
er or owners,) will (each) sustain by rea
son of the appropriation of such property
to the use of (here repeat tlie name vi
the corporation,) in tho procw ding u'-v
pending; and rou do further MveVr, (,tr
affirm,) that, you will truly, f lUhfully n'n I
impartially, estimate anl ass.iss
amount of such compr-nstuion,' irropt-H.-
ive of any benefit to hint from knv im
provement proposed by said corpriiVtl.tn;
this you swear, as yotr1 sIimII nmfcer to
OoJ, (or affirm,). under the pains nnd pe
nalties of perjury; and the said lis. bui
judge, before administering-inch oitli 'ir
affirmation, shall per.Hatly MtquW "o.
each juror whether he U interested in su di
corporation, either as owner, stockholder,
Hgent ox attorney; or inany other manner;
and if ajy juror shall answer nu'eh cjiu'--tlon
in the affirmative, such juror shall be
excused from serving, and t'ie panel shut I
be fillvd 'with, talesmen, by the sherifl,' ns
in other case. ' ' ; ". 'y ''" ' '' 1 -
Sec. 6: It shall W law ful tot the pnvU.
judge, upon motion or either pit vV to 'U
sue the following writ to "the sheriffy or
other proper officer,' to wit;' To i.chfiif
of 'county: ' Yoit''rer: bVrcrtV-'ei-tnanded
f cointu.H tliR twelve juror na
med in-the panel to this writ hnitPxH. tiv
view -the property) or premises miglit .'t
i he appropriate! by tlwr elite thei-ame
' of the corporation. ) and "owned by (Jmi-
gTiSi'ttn os rorVrn noi.
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