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Defiance Democrat (Newspaper) - May 16, 1857, Defiance, Ohio LAWS OF DEFIANCE MAY 16, 1857. NUMBER 38. PUBLISHED BY I Ho AH ACT To UM time wit kin which the lessees of tion town range between Miami in Butler may Surrender their leases and receive in pursuance of an act entitled an act to authorize the surrender of leases on in township range between in the ty of passed March 21, 1850, act the number of said true number of said chip being the permanent lessees upon Ti 1. said by certain proceedings had in the court of common pleas in and for the of the said county of which were confirmed at the May term in the year 1851. caused their several tracts to be in pursuance of and some of said lessees failed to render their leases within the lime ed in the general law referred to in said cial but who are still desirous of rendering their leases and receiving deeds for their respective SECTION 1. Be it enacted by the General of the State of Tt at the legal and equitable owners of the several permanent ses have not surrendered their Upon section town range between the Miami in the county of be and they are hereby authorized to surrender their leases and become sers of the tracts specified in the leases so at the said as confirmed by the court of common pleas of Butler upon the terms and conditions specified in Said special and the provision of ihe eral law therein referred to and the acts as if the same had not been that it shall not be necessary to take a vote of said township for the surrender of said and that no further valuation need be And that said surrender be made within one year from and after the passage of this act. N. H. VAN Speaker of the of THOMAS H. President of the 1857. AN ACT For the relief of Daniel quire the right to vote within this This act to take effect from its N. H. VAN Speaker of the House of THOMAS H. President of the April 3d. 1857. 73.] AN ACT To change a portion of the line between the counties of Madison and 1. Be it enacted by the General of the State That there is by annexed to the county of to form a part of the township of in said that portion of the county of Madison which lies within the following Beginning at the intersection of Darby Creek and the southern portion of the northern dary line of Brown Franklin thence east on said line to the western line of said township which lies north of the ing point herein thence on said tern line to the point of its intersection with the north western line of survey of the ginia Military No. 1618, thence with siid survey line and the continuation thereof on the line of its course to the first line herein thence to the place of SEC. 2. act shall be submitted to the electors of said counties at the election to be held on the second Tuesday of October The ballots cast for or against the change shall be written or or written and partly those for the change to contain the those against the change the Said lots shall be and return thereof made to the same officer and in the same manner as provided as to the other votes cast at said In case this act shall be adopted by a majority of all the electors of each of said counties voting at said the same shall take effect and be in force from and after the first day of November N. H. VAN Speaker of the of THOMAS H. President of the April 3. 1857. 74 AN ACT To amend an act entitled An Act to encourage the nent leases passed April 16ih. 1852. and the same is hereby amended so aa to read as 2. 15.) If any purchaser or lessee shall fail to make any payment on any tract of land for the space of twelve months after the same shall become due and the auditor of the proper county shall with proceed to sell such tract or tracts of with all the improvements at the door of the court to the highest and best bidder in first en notice of the time and place of such sale containing a description of the and the money and to become by publishing the same in some newspaper of general circulation in said county for six con- weeks before the day of sale and on such sale no bid shall be entertained for a sum which will not be sufficient to pay all the chase money due the and all expenses incident to such and in case said ses cannot be sold for that they shall revert to the state in trust for said The court of common pleas of the proper county on application of the as provided for in nine of the act to which this an order a of the premises so forfeited and the same may be sold in the manner herein before provided for in the sale of such lands not under nent or for ninety-nine SEC. 3. Section fifteen of an act entitled an act to regulate the sale of school and the surrender of permanent leases be and the same is hereby SEC. 4. This act shall take effect from and after its N. VAX Speaker of the House of THOMAS H. President of the April 3J, 1857. 77 AN ACT Supplementary to Hie act to provide for the organ of and Incorporated sed May 3.1652. SECTION 1. Be it enacted by the General bly of the State of That no territory or land not now included the limits of any city town or incorporated village nor in the limits of any addition shall hereafter be annexed to any municipal ing member of any fire hook and or other company for the in the year 1835 during the of or the protection of i. i- t 4 erty at now and under the con- trol of the corporate authorities of any city or incorporated town within this or of any such company which shall hereafter be and subject the authorities of of Fire passed March j without the of three-fourths of 13th, 1843. tne voters residing on the land or SECTION 1. Be It enacted ly the General ry be which assent shall be made sembly of the Stale That any person and presented to the county com- who is or shall hereafter an at the same time the petition for which occurred between the State of i Ohio and the Territory of the then Governor of this Robert called out and whereas it appears that Daniel Hubbell has a just claim for ar- ticles furnished and services performed for said SECTION 1. Be it enacted the General tf the Slate of That the sum of one hundred and forty-one dollars and fifty cents be and hereby is appropriated out of any moneys in the not wise appropriated by to be paid to the der of the said Daniel by order of the auditor of state on the treasury that the said sum is to be in full for the claim of the said Daniel Hubbell against the State of N. H. VAN Speaker of the House of THOMAS H. President of the April 3. 1857. 71 AN ACT To amend section fourteen of an act entitled an providing for the passed March 7. 1335. SECTION 1. Be it enacted by the General of the Stale That section teen of an act entitled an act providing for punishment of passed March eighteen hundred and be amended so as to road as follows Section 1 4. That if any person in the night and forcibly break and enter into any dwelling smoke store ware mill school church or meeting barn or with intent to commit a or with intent to steal property of any or to commit any deed made criminal by this or the act to which this amendatory every person so offending shall be deemed guilty of and upon con- viction thereof shall be imprisoned in the and kept at hard labor not more than nor less than one 3. That the original fourteen of the act aforesaid be and the same is hereby re- N. H. VAN Speaker of the House of H. President of the Dated April 3d, 1757. any city or town as during the time he may continue an acting member of such be exempted from the ance of any military from serving on and from the performance of labor on the And any person who have been an acting member of any such company in any city or as and shall have faithfully discharged his duties as such for the term of five shall be forever thereafter exempted from the performance of military duty in time of from serving as a and from the performance of labor on the SEC. 2. That section one of the act to 7a.) AN ACT Farther to preserve the purity of 1. Be it enacted by the General of the Stale of That every person on oath or in or before any court within this or officer authorized to ad- minister shall to procure or acquire the right to vote for himself or any other wilfully and corruptly affirm or declare any matter to be knowing the tame to he false or in like de- ny toy matter to be knowing the same to be every person so offending shall be med guilty of and on conviction of shall be imprisoned in the penitentiary and kept at hard not more than five nor lens than one This act shall apply to all to procure any paper or papers of and every such willful and corrupt or on t which this is an amendment and the same is hereby SEC. 3. This act to take effect and be in force from and after its N. H. VAN of the House of THOMAS H. President of the April 3, 1857. 75 AN ACT For the relief of the heirs of Carbon late Sheriff of and of John also late Sheriff of said The State of Ohio obtained ment against certain lessees of water power belonging to the State in the county of upon which execution from the Franklin county Common where such judgment was and said execution was levied upon real estate be- longing to W. W. after which an ar- rangement was made between the by which the State come and now Las possession of the premises levied in consequence of Which arrangement the said Sheriffs aforesaid were deprived of an op- to st cure their fees in the above SECTION 1. Be it enacted by the General sembly of the State of That the sum of such annexation is presented to ble to the provisions of the 14th section of the Ret to which this act is and said petition shall set forth the value of each parcel of land in the territory to be and the names of the owners SEC. 2. This act to take effect 7 N. VAN Speaker of the House of THOMAS H. of the 1857. 78 AN ACT Making special appropriations for the year 1857. SECTION 1. Be it enacted by the General sembly if the Stale of That the following sums and are appropriated out of any money in the treasury applicable For the payment of George senger for the Supreme the sum of one hundred and eight For the payment of cost and witness fees in- curred by the committee on the penitentiary in investigating the complaint against Doctor 3. B. under resolution of the the sum of fifty dollars and twenty For paying balances for furniture and labor in furnishing legislative committee executive supreme court and other apartments in the State in tion to the amount heretofore and to be paid under the same the sum ot ten thousand eight hundred and eighty-eight dollars and For the of taxes refunded where erroneously charged and twenty-five thousand For the payment of mileage of county hundred SEC. 2. For balance due on contract for deepening and widening the Lancaster side out of the canal eleven thousand two hundred and ninety-five dollars and teen And to complete the Lancaster the sum of seven thousand five dred that upon careful examination of the by the Board of Public it is found that no contract ex- ists for the completion of this the ey hereby appropriated shall not be expended until there is a new letting of the twelve dollars and eight cent be and hereby is 3 Fof t of H appropriated out of any money m c insl the ry not otherwise appropriated by to rn sum of two paid to John D. late Sheriff of and dollars and three um or his said payment to be in full for all costs due John Dillon late Seriff SEC. 2. That the sum of forty-two dollars and fifty-eight cents be and hereby is out of any money in the treasury not j otherwise to be paid upon the order of the administrator or administrators of Carson late a Sheriff of said payment to be in full for all costs due to said SEC. 3. This act shall take effect and be in force from and after its S. VAN V Speaker of the House of THOMAS H. President of the Dated April 3d, 1857. 76.) i AN ACT To amend an act entitled an act to regulate the sale of School and the surrender of anent leases passed April 16th, SECTION 1. it enacted by the General At- oath or in the manner before of the State of That section 15 ed. in any such shall be held and of the act entitled an act to regulate the sale copies of the Reports of the decisions of the taken to hart been to procure and of school and ihe surrender of Supreme published in 1856, the payment of Richard senger of the Supreme December 1856, the sum of one hundred and sixty-four For the payment of gas for rooms of the Clerk of the Senate after the ad- in 1856, forty-seven dollars and twelve For the payment of Clerk of the House and Senate for making ont a list of the tions of all bills pending in each House at the time of adjournment in April to each the sum of forty dollars ten days per SEC. 4. For superintendence and repairs on number Ohio seven thousand seven hundred and for the payment of special attorney's fees and incidental two thousand For prosecuting the nork on the State House thirty thousand For enlarging the canal on the first level be- low the city of five thousand For the purchase of three hundred and fifty Act of April 14. 1854. at one dollar and sixty cenu per five hundred and sixty 5. For paying balance due on account of expenses incurred by the joint committee of the General Assembly appointed on the day of April to investigate the trans- actions and expenditures of the Board of lic for services of various persons em- ployed by said traveling and other incidental including the per diem al lowance to the members of said as members of the the gross linseed or oil shall be sold by the and no special agreement as to the surement shall be made by the the standard shall be set en and one-half pounds to the SEC. 2. That all barrels for linseed or Seed oil shall be made of sound well seasoned tightly bound with strong the outward hoop on each end shall be secured uith three nails of suitable SEC. 3. That it shall the dury of in- of the respective comities to inspect such barrels intended for linseed or AH ACT To protect School ty At i. ty At At- of tht State of Thai the tees of any township having school whether the same lie IB cuch or by action before proper in their own sue and ia any existing cause of action arUing out of any in- juries to such or upon any cause of tion may hereafter arise in to such as fully as if such lauds had of eight hundred and ninety-two dollars and before filling the ascertain the j vested in fee in the trustees of such township and forty-Two and true weight of such ban and when so in- ume ownership and to mark on the barrel N. H. VAN the true weight with marking to be Speaker of the of by the inspector for that gether with his name and name of the 4. the inspector shall be entitled For the payment of balances due on account of similar expenses incurred by the joint com- appointed at the aforesaid to in- the transactions and expenditures a- bout the New State the and three Lunatic and the blind and to receive ten cents per barrel for each barrel Deaf and Dumb inclusive of the intended for Unseed or oil by him m- allowance to the members of said and when the quantity re- one thousand hundred and quired to be inspected and weighed al any one fifty-seven dollars is less than twenty-five and For paying the balances due on account of THOMAS H. President of the 1C57. 86. ACT To prevent the circulation of counterfeit SEC. 1. Be it enacted by the General when the five barrels tht State tf That it shall be to issue notes for whenever including the per diem allowance to the members of said the sum of two hundred and eighty-three dollars and sixty SEC. 6. The several appropriations made in the next preceding section shall be held to be in addition to the appropriations heretofore made for the same and as ing the payment of money therein A vs me uue vn ui r T similar expenses incurred by the joint his shall be cents per and ful tor any or other officer tee appointed at the same date to investigate all cases five cents per mile for each mile I of any authorized by the law of this the transactions of public agents in regard to necessarily traveled in the performance of Lis the custody and disbursements of public H N. H. VAN Speaker of the House of THOMAS H. President of the April 8. 1857. 62.] ACT Relating to and the of fixing the ue in of Bower SECTION 1. Be it enacted by the General in addition to the money heretofore drawn sembly the Slate That in all actions from the treasury on the warrants of the proceedings for partition of real ditor of whether the Auditor shall have j when the same be divided and is construed the acts making such former to be and in all cases actions and correctly or And all warrants proceedings for the salu of real estate by for the payment of money appropriated by the I administrators and when said preceding shall be predicated on the widow of any decedent being a has the certificates of ihe chairman of the adower interest it shall be lawful for i have been issued by such shall be pre- I sented to such person at the banking house of such bank for or to write in a buld hand the face of such note or notes the word and sign his name under the N. S. VAN Speaker of the House of THOMAS H. April 8th, 1857. No. 67 To empower the AN ACt with the tee by which the expense was SEC. 7. This act shall lake effect and be in force from and after its N. H. VAN Speaker of the of THOMAS H. President of the 1857. 79 AN ACT To amend an act entitled act to incorporate the original surveyed passed March 14, 1831. SECTION 1. Be it enacted by the General sembly nf State of That section teen of the act entitled an to incorporate the original surveyed passed March 14, 831, be so amended as to read as That in such township or fractional ship wherein section No 29 is it shall be the duty of the Trustees to meet on the first Monday of April at the most convenient place nearest the centre of such township or fractional and then such widow to file her answer in such and waive the assignment of dower by meles and in said real and ask the court to have buch real estate sold free of and to allow her in lieu thereof such sum in money out of the proceeds of sale as the court may deem just and reasonable value of her said dower interest SEC. 2. That said answer of any such widow shall have the same force t and shall betaken and held to be in all re- as a. deed of to the purchaser of such real of the dower interest of such SEC. 3. This act shall take effect and be in force from and after its N. H. VAN Speaker of the House of President of the April 8th, 1857. 83. AN ACT To amend section 101, and 127, of the Code of Civil SECTION 1. Be it enacted by the General make a dividend of the rents and interest Assembly ff the State of That section cruing from section 29 to each religious 84, 101, and 127 of the code of chil society agreeably to the thirteenth section of and the act of February 2U, 1856, to the act to which this is an and in amend the act entitled an act to establish a making such dividends each shall be of civil be and the same are entitled to receive a just proportion of the j hereby money received by the SEC. 2. Section 84 shall be so amended as SEC. 2. That section 16 of the said act be j to read as Section 84, The only amended so as to read as Sec. 16. are That whenever and so often as it may become 1st. The petition by the The answer or demurer by the The demurer or reply ty the of James G late of Preble end to authorize the Sheriff of said ty to par over any money iu their bands coming to Willard an insane to his and to enable her to Willard of has been insane for twelve years last and said Willard Swain caped from his keepers over one year since which lime nothing has been beard fiom him and he as the heir of his James G. become entitled to some six hundred dollars of personal and hfa wife and minor children sre in destitute needing said funds for their ly for their and that said property may be applied to the maintenance of the wife and children of Willard the following act is passed c SECTION 1. Be it enacted by the General of the State of That the with the will of the estate of James lute of Preble de- is hereby authorized to to the said Jane Swain the amount of money in his hands coming lo the said from said as or and that her receipt shall be a valid voucher with the probate court in the settlement of said against the Swain and all others claiming from or under SEC. 2. Timt the Sheriff of Preble in like hereby authorized to pay to the said Jane Swain the proceeds sale of the real estate suM on in which may be in or come into his belonging or coming to the said Willard and her receipt therefor shall be valid against the said and all others claiming under or from SEC. 3. bald money in the hands of Said necessary by the terms of any and by j 2J. the law authorizing the leasing of either said sections or any part of a lot of either of i 3d. said it shall be and it is j 4ih. The demurer to the reply by the de- j Jane shall be subject to the payment of by made the duty of the of any j any just and legal debt due and owing by said inal surveyed township in which any of said j who 5-s Willard Swain and charged with the support lands be situated to apply to the court properly made a may in his education of his minor Tins act shall be in from and iu N. VAN Speaker of the of THOMAS H. President of the Senate April 3, 1857. common pleas of the proper county by relief touching the setting forth therein the tion in the against the or i the of said it shall against other defendants in the same j also be the duty of said trustees to give each SEC. 3. Section 101 shall be so amended of assignee or at least twenty notice in writing of the cy of such and the court on being as to read as Section The i plaintiff may demur to one or more of the de- I tenses setup in the stating in his de- satisfied of the truth of said and that the grounds nnd j the notice aforesaid has been shall make answer contains new the plaintiff may an order appointing three disinterested citizens reply to such denying generally or of ssid whose duly it shall be to each allegation controverted by AX ACT For the relief of Partners at d 1. Be it by the General the improvements and within five an answer in law to such new be lawful for any one or mure of the days thereafter to make out a report of such To this the defendant may aN was or ivere in such and deliver the together j SEC. 4. Section 127 shall so amended to make a separate or compromise h nny one or all of the of such and such and deliver the with said order of to the clerk of the as to read as 127. township in which said land be material allegation of the petition not i Said court shall make further ordir as to verted by the and every composition or compromise shall be a full and the payment taxation of cosU as may j allegation of new matter in the answer to the debtor or debtors seem jubt and not controverted by the for the making aini to them of and SEC. 3- That sections fifteen and sixteen purposes of the be taken as but from and every to creditor or the act entitled an act to incorporate the the allegation of new matter in the creditors whom the same ia or surveyed passed March 14, j be controverted by the adverse by reason of or connection 1831, are hereby upon a direct denial or with ip according lo the SEC. 4. This act to take effect and be in lions of or of amount of shall force from and after its not be considered as true by failure to N. H. VAN 1 virl N. H. VAN Speaker of ihe House of THOMAS President of the Senate April 0, Speaker of the House of THOMAS President of the April 8, 1857. 80. AN ACT Making appropriation for the payment of SECTION I. He it by the General bly of the State of That the sum of three hundred andy fifty dollars be hereby ont of any money in the treasury not otherwise for the payment and redemption of N. H. VAN Speaker of the House of THOMAS H. President of the April 8, 1857. 81.) Aff ACT TV establish and fii the standard by which or Oil shall be and to provide for the inspection of j SECTION 1. it enacted by the General At- State nf That whenever AX ACT I the act. entitled An act to establish a ciui SECTION 1. Be it enacted by the General ofthe State of That the two aud eighty-second action of the act en- terms of such SEC. 2. debtor or debtors ing T may take from creditor or credi whom hw may m ike ihe a note or him them from all and every in incurred of such connection with such firm note or may i be given in evi by such or debtors bar of such creditor's right of recovery 1 against him or them and if such liability shall by in any court record in this production to and filing with the note or such clerk m 1 l' as be tilled act to a code of civil shall be and is hereby amended so in as to read as When the paries do judgment 01 record so far not the court may upon the compromising or debtors thall tion of or of its own motion a reference in any case in which the SEC. 3. Such com promise or composition not entitled by the or this State an individual member of a 6rm, shall not to a trial by be so construed as to discharge the other SEC. 2. The original two hundred and nor shall it impair the right of the eighty-second section aforesaid is hereby creditor to proceed against the of N. H. VAN Speaker of the House of THOMAS 11. President of the April 1857. such copartnership firm as have not been dis- And the member or members of i such copartnership firm so proceeded shall be permitted to set off any demand a- i gainst creditor or creditors which coald I set off had suit been
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