Defiance Democrat (Newspaper) - June 6, 1857, Defiance, Ohio VOLUME LAWS OF DEFIANCE JUNE 6, 1857. NUMBER 41. PUBLISHED BY 134.] shall on the filing of the be deposited in the post directed to the defendant at his or her place of un- less It shall be made to appear to the by affidavit or that such residence is unknown to the and could not with at his or her give notice by service of 1. Be it enacted by the General summons and a copy of the at least of the State of That any land six weeks before the hearing of said and purchased or condemned by the gaiJ Case may be heard and decided at any of Hamilton adjoining the time after the expiration of six weeks from the house lot in said shall be and remain j service of notice either by service of summons for the purpose of a jail and the building begun to be erected shall be ed and used for a jail for said county and for the purpose of finishing the same the com- missioners of said county shall have full power to levy and collect each during the gress of the such tax as shall be sary to provide for the progress and tion of the SEC. 2. When said new jail building shall be finished and ready for the com- missioners arc authorized to sell at public after giving at least twenty days notice thereof in two or more newspapers published and in general circulation in the to the highest and best on such terms and conditions as they shall the and the buildings now owned by the county or after the first publication in some as provided in this Sec. 2. That section ten of said act be amended so as to read as Sec. 10. That the wife may file her petition as aforesaid ia the of common for alimony or in case a petition for divorce shall have been filed by the she may file her cross petition for with or without the prayer for the dissolution of the marriage which petition or for alimony may be for the following to adultery gross neglect of abandonment of the wife without good cause when there is a tion in consequence of ill treatment on the for the purposes of such in the same and upon the same terms n ded for the appropriation of the property of by the tenth section of this that every railroad company laying down any such track or upon any such public or other public shall be responsible for injuries done to private property by such lying or near to such public which may be recovered by cinl action brought by the owner or at any time within two yean from the completion of such track or before the proper 2. Any railroad company heretofore or hereafter to be either dera general or special that shall be de- sirous to construct a second or additional or to increase its machinery or rolling or other fixtures necessary for the speedy and convenient transaction of its ful and shall for any such purpose find it necessary to increase its capital by the of the majority of the ing capital stock represented in a meeting of part of the whether the wife be by the husband or habitual the called for that purpose on due increase its capital stock to amount not exceeding twice the amount ed by its character assumed by the ny at the time of its formation a setting forth the amount of such the by which the same was and the total amount of the capital stock and used as a and the proceeds and confinement in the i of such after adding such increase shall be paid into the county j penitentiary of or in the penitentiary or to its previous signed the president 3. That for the purpose penitentiary of of enabling state prison of prison of any of the United or the commissioners of said county to purchase cither of the territories or the District and to erect a work house thereon for j of for any crime or offense of the the use of said the said commission shall have all the powers and authority coa same character or grade as is or may be by the laws of this punished wilh ferred by the act entitled an act to provide J meai m the in which cases the for the purchase of property aud the erection application shall be made while the husband i is so SEC. That section 15 of be as to read as Sec. 15. In all applications for or for alimony President of the aud in cases where the petition is Sled under tlie fourteenth section of the act to which this of a work H. VAN Speaker of the House of THOMAS April 15, 1857. 125 To ty to surrender extension of said and secretary of the shall be in the office of the secretary of be- fore the capital shall be held to be so ed. an actual resident of the township or ward twenty days next preceding the and the Judges of the in determining the residence of a person offering to shall be governed by the following so far as the same may be applicable That place shall be considered and held to be the resi dence of a person in which his habitation is to read as follows Section 16. If any 1. Be it enacted by tht At- son shall refuse to take the oath or of the State That all tion so his vote shall be rejected i for or any interest in real that after such oath shall have been which has heretofore been or may taken the judges shall nevertheless refuse to be hereafter by an officer or agent of the permit such person to if they shall be by the board of public or any satisfied from record or the 1 authority whatever in of shall nr adduced before that he is not a legal executed in the name of the signed and they are hereby authorized to by the and countersigned by the any present intention of removing held to have lost his who shall leave shall keep a record of such deeds his home and go into another or county 6. Nothing in this act contained so showing to whom delivered and the date of this for temporary purposes far as the same relates to the length of time j j required of the to reside in i Whenever it shall be shown to the person shall not be considered or lield to have gained a residence in any county of this State into which he shall come for temporary rard where he offers to shall be j ry that any certificate of the taken or construed to apply to any voter who j of heretofore or hereafter at any is the head of a shall fide land office of this or that any other con- remove with his family from one ward into an- or memorandum en- nf binds from ses without the intention of making State Fifth If a person remove to another State with an intention of removing there for an indefinite and as a place of present he shall be considered and held to have lost his residence in this standing he may entertain an intention to re- turn at some future period The place where a married man's family resides be considered and held to be his idence but if it is a place or temporary for his or for transient ob- it shall be otherwise Seventh If a SEC. 3. That the directors of any railroad married man has his family fixed in one m f flin company or hereafter organized un- der the act to which this is that shall have expended in the construction of its road ten per of its authorized and shall have obtained actual bona fide sub- scription to its capital to amount of at least twenty per shall and it is hereafter authorized thereafter to receive AX ACT amendatory when the witnesses shall reside subscriptions to their capital payable jn ia the county where application is such instalments dependent upon the or the petition they unless in case tion of the whole or any part of its road so and he does his business in the er shall be considered and held to be the place of his mere intention to acquire a residence without the fact of A are hereby N. H. VAN Speaker of the House of THOMAS H. President of the April 15. 1857. which this is an amendment the same duty of lhe Governor to execute deeds for the said in the same manner as though such evidences of purchase or contract bud been produced to SEC. 3. Whenever any or m- in shall have been sold by the original and have sed into the hands of one or more successive purchasers whether by private or by sales or any other regulation of incorporated companies in tht and no lias ever been made for State of passed exhibiting to the SEC. 1. Be it enacted by the General Assembly nor and General satisfactory of the State of That when heretofore of such and of present ownership or by reason of the en- br any such it shall be the of j. 129 AN ACT by Supplementary to the act to provide for tho or creation of the corporate limits J Governor to execute a deed directly to shall avail not neither shal of removal without the intention of any or village in which any assignee or present any portion J 4. the purchaser has died is included deed alld thands have passed removal so such or by or and the title If a person shall go into I within t rods any toll gate pre- stin remains in the Governor while there exercise of a b turnpike or on proper proof of Blich facts made To he shall be considered and held to of iko P P P lost his residence in this SEC. 2. That section it F is so included within said limits deed to the persons lour 01 i Whenever it shall he made to ken as in other cases but when the adverse more tracks of the same through Be it enacted by the General not wilhin the county in any city or incorporated it shall and of That it be or in an for or town council SECTION 1. sembly of the State of by just and suitable arrangements be- tween the Commissioners of Hamilton and the bondholders and or either bondholders or creditors of the Lower River Road and the extension situated in as the ease may to surrender such roads into the control and direction of such bondholders and or either to hich the petition is or in an may be competent for the city or town council ing or shall have no attorney of record I of said city or incorporated village to require residing in such or in adjoining j said railroad companies to use said notice of the time and place of taking de- j that no subscriber to the stock positions shall be given by publication in some hereby shall be entitled to any of newspaper of general in the the privileges of a stockholder until his sub- tv where the case is for three scription is fully nor shall for any i 11 IV SMUT weeks f and a copy 8Ucft be deemed a stockholder until the or before the first publication happening of the upon which the and in entering into such be deposited in the post and di- installments on his subscription are made de- it shall require two-thirds in amount of either j to at his or her place r thc bondholders and or as the case may to frive their assent before the same shall be ing upon the parties SEC. 2. That such surrender being parties to whom thc same is made may become incorporated under the provisions act of so much of the act of May 1, 1852, except On the final hearing of the case on its led an act to provide for the creation and cases in which lhe Court shall give when such residence is known to j SEC. 4. When two or more railroad the or can with reasonable panics heretofore formed or hereafter to be for- i i. general or special have laid down or shall hereafter lay down in the same and to pass their locomotives and cars over each of said tracks in one SEC. 5. When the track of any such road company crosses the track of the same gague of any other either be ascertained by him or SEC. 4. That section seventeen of said be amended so as to read as follows Sec. 17. In all cases under this act ia which the Court of Common Pleas shall dismiss the regulation of incorporated companies in the j judgment ia favor of the wife for alimony j company shall have 4he right to without granting a in cases un- tracks of the two railroads so so as to der section fourteen of said act and in cases admit of the passage of cars from the one where judgment is rendered for both divorce road to the other with so as to avoid and cither appeal from any the necessity of changing cars or transhipping final judgment or to the District CouriS as in other in cases gEC 6 the tracks of two such sections one and this act and H Of cross at a common the act to which this is and ia all be made and kept and other cases under the wife maintained at the joint expense she shall not be required to give two owning said and State of and the amendments as relate to turnpike and plank road except so far as the same may be lated by thc provisions of this and each bondholder or creditor shall bu entitled to oca share of stock for each fifty dollars in amount of such bond or SEC. 3. That such company or shall at no time pay a greater or make a larger dividend than six per per an- num upon their indebtedness or the stock of such company and after keeping their road in that in cases where judgment is rendered for both divorce and the and making such improvements upon appeal shall apply only to such of the thc same as such companies may think and and the payments of lhe debt as relates to the Ssc 5 of said act be and stocks in such with six in- ded so as lo read as follows Sec. 9. That all trains passing over said shall come to a stop within six hundred such and not until signaled so to do by the nor until the way is And when two or two freight trains come up at the same the train on the road f terest toils such roads shall tjie while in or any Judge first built shall have provided be reduced to such as will be sufficient I upon sufficient notice to keep such roads ia t opposite shall have power to grant 1 alimony lo the wife for her sustenance during the pendency of a petition for divorce or alone filed for any of thc causes the Commissioners of said county shall all times have power to prevent any improvements such roads that may think ry and SEC. 4. That tlie bondholders or SEC. 6. That original sections 3, 9. 10, of said roads may unite under the provisions and 17 of said act be and lhe same are of this so as to form one road or i hereby under such terms as may be agreed upon gEC 7 act shall take effect on tlie between the parties interested passage aod shall apply as SEC. 5. Nothing tiis act shall be con- now and to cases where an to make jhe said Commissioners or the aj or for alimony has been said county liable for the said bonds or against tbe petitioner they are both main tracks over which all and freights from said road are trans- but if one only is such main track and the other is a side or depot then tbe train on the main track shall take tbe passenger train then SEC. 2. our act be so amended as to read as follows Any and General by person who shal wilfully vote in any other but no toll shall j that any having chin nr ill he has not -i I J r ship or ward in which he has not actually ded for twenty days next preceding the on conviction be P in lhe of lhe proper county not more and the said town purchased any tract of land of the ot same to be has taken and in and appropriated for as but has received from the public r to the laws regulating the appropriation cer a certificate which lhe said than six months nor less than one condemnation of privato for d is no SEC. 3. section number fave of said ilar being a action at the set up by anv it shall be the duty act be so amended as to read as follows Any t. Q for thc value of their in- i of the execute a deed to such pur i chaser for the land so intended to be and so i SEC. 6. All deeds executed under the fourth and fifth sections of 1 shall recite thc facts as ascertained by the Governor and Attorney General upon the proof of which Kaid deeds are i 7. Any lands now belonging lo the i State of near the Mercer If n person 250 of an act reestablish a Code of which may remain shall bit civil passed March j to entry at the office of the agent 1. it enacted ly the General for the of Canai of of the State of at upon the same terms of said N. H. VAN Speaker of the House of THOMAS H. President of thc April 15, 1857. AN ACT person being a resident of this State who shall go or come into any and vote in such not being an actual resident thereof for thirty days next preceding the election shall on conviction be imprisoned in the and kept at hard not more than three nor less than one SEC. 4. That section thirteen of Uie act to 130] which this is an amendment be so amended as to read as Section 13. If n person offering to vote is challenged as unqualified by one of the Judges of the election or by an one of the Judges shall tender to him the following oath or affirmation you do of the act entitled act to establish a Code tue same restrictions as are swear that you will fully and truly of Civil passed March 11, 1853, ia ao act entitled an act to abolish the of- answer all questions as shall be to be so amended as to read as follows Section fice of Commissioner of the Slate Land office you touching your place of and 250. jn aji cases where an injunction has at and to for the sale of qualifications as an elector at this i been the defendant at anytime be- to at said nod to If the person be challenged as i fore the may apply to the Court in which i Create the office of land passed May fied on the ground that he is not a the the action is broughl or any Judge or j hundred and Judges or one of them shall put following to the Supreme or any Judge j g provided for in this act questions 1st. Are you a citizen of the Of to vacate and modify the The party before be recorded in tht ted 2nd. Are you a native or for such or modification of the Secretary of citizen claim to be n he shall act entitled an act to amend an act to provide for sale of granted by Congress to lhe February 22. 1830, and produce for thc inspection of the judges ganie The application passed F of the election a certificate of his fce made upon the petition and affidavit four of an act to provide for the in- tion and also state under oath or affirmation Upon which the injunction is or upon of Canal fund by the purchase and that he is the identical person named on the part of the party passed February 7, 1C26, be provided the production of said certificate or without The order of thc and we hereby shall be dispensed if the person offering Judge dissolving or modifying an to vote shall state under oath or affirmation j shall be returned to the office of when and where he was that he has had a certificate of liis and that against his will the same is ed or beyond his power to produce to the the of Court in which the action is and recorded and obeyed as if made by the 2. That original Section of tht Judges of the election provided further that act be and the same if he shall state under or affirmation that by reason of the naturalization of hie parents or one of them he has a citizen of the United and when and where his sa county ae or e sa ons or tracts for the improvement or repair of said and the jn good by appeal tn ino 4A. be in nor to the creditors SEC. 6. This act to take effect and force from aod after its N. H. VAN Speaker of the House THOMAS H. President of the April 1857. or filing a transcript in the Court to remains undecided as to hereafter to be N. H. VAN Speaker of the House of i THOMAS H. President of the 1 April 15, 1857. SEC. 7. When the tracks of any two such railroad companies connect as aforesaid it shall be the duty of either company when required to transport over their road to its destination on their road any in the can 126.1 AX ACT in which it is at their local rates per an aet forth in said company's freight for the distance most nearly ing aod to return the ears with or without freight without unnecessary Provided that nothing in this section shall be so as to require any railroad company to move upon its road any cars which do not conform in breadth of gauge and in other respects to its own nor any that arc substantially built in good to use its in moving tlie ears of another ny to the neglect or suspension of its regular ent or parents were naturalized the certificate of need not be If the person challenged as un- qualified on the ground that he has not ed in thia State for one year immediately pre- ceding the the Judges or one of them shall put the following questions 1st. you resided ia this State for one year imme preceding this 9nd- Him you been absent from this State 3. This act shail take effect and be ia from and after its VAN Speaker of the House of THOMAS H. President of lhe April 1857. Have within thc ACT To authorize tke of Usury to build abridge across the and the are hereby repealed SEC. 10. This act shall take effect from and after its H. VAN Speaker of the of THOMAS H. of April 16, 1857. 1P4 AN ACT To an act for the of of March 1831. 1 tl by General As f That c an act for thc ment therein passed March 3, 1831, be and the same is hereby so amended as to read as follows 35. That if anj shall or maliciously set i fire lo or or cause to be uny j rack or stack of or or grain of any or f-r year immediately preceding this election 1. it enacted by the General or or grain o. any or yes 3d, When you left did you leave for I the State of That the corn or place wherein corn may be a temporary purpose with the of re- j ty Commissioners of the county of are or any fence boards fL t authorized and to levy a I or property of turning or for thc hereby authorized and 4th, Did you gard this State while absent vote in any other Stale 15-1 OHM while look upon and ri upon fce property of sid county listed for lhe value ot dol aw e as your home? 5lh. Did you tlie purpose of a or f very person in any other bridge across the in said guilty of a and upon If person be as unqualified on I Provided 1 127.] j AN ACT To amend thc act concerning I To Mt an act to provide for thc or usual passed March creation mid regulation of Incorporated ft. This act shall take effect at the SECTION 1. lie it enacted by the General ics in tlie of passed May and nf ita tembly of That section 3 of lhe to regulate Itail passed March SECTION 1. B it enacted by the General 11, 1853, be amended so as to read as sembly the State of That the twelfth follows That io all cases where a section of tlw act an act to provide divorce shall be applied the complainant for lhe creation and regulation of incorporated i shall 61ehisorher petition in the office of the companies in lhe Slate of passed clerk of the court of common pleas of the 11, 1852, be so as to read as i -j r proper which shall state lhe Sec. 12 If it shall be necessary n the location i I pose of making u your home true cause of and if the adverse of any part of any to occupy any p AN ACT tlie party is a resident of thc county in which the I alley or public or ground further TO tho set entitled m is the clerk of said court shall of any or any part thereof it shall be j tbe of March 20, resident ot tue a directed to thc sheriff of the competent for the municipal or other j If person be as unqualified on its with a copy of the lion or or public j SECTION 1. Beit enacted by the General As the ground that he not twenty-one years of N. H. VAST Speaker of the House of THOMAS H. President of the April 15, 1857. the ground that he is aot a resident of UMJ any one year township or ward where he offers lar of valuation of said property 1'ro- the judges or one of shall the before any tax shall be following 3. Have you resided ia or any for building of this for thirty days bridge shall be the Have you resided in this township receive the of a for days last 3. When did the resident tax payers asking for vou last come into county 4 you came into this did you come by the County temporary purpose or Mr the 2. That said 5. Did you banio as That said tax shall thereof be imprisoned in rate of Gve mills on each and f rot than years nor less one if any person shall willfully or ni commit any of the in the of of all bat lhe injury or damage therefrom shaH be of a less value than every When ing of the policy of tho erection of such offending upon conviction be in anv sum not exceeding one 0 shall be served on the adverse party ing or haring in charge and the That age the or one of M least six weeks before the hearing of the road company to agree the and i two of the act entitled An the following Are but if the defendant is not a resident of i upon the terms and conditions euch theo notice of the pendency may be used or shaU put you t UWM V 9 i t J conditions upon which the i serve the purity of passed March years of to the best of your knowledge or and if said j 20, be and tkc same is and The Judges of tho or VAX of the of THOMAS H. President the So of shall put all such other April vote at any election I to the person the respective an actual resident aforesaid as may be lo the counly in case is for cupy such alley other public year next preceding UM j his qualifications as an elector Uval l term of six consecutive and in such way or such company may election and an actual resident of the county f SEC. 5. That section sixteen of the act to To for of cue a summons and copy of itte I ate so of thc same as may be necessary for thirty days next preceding the and I which this un amendment be so amended as I Mir ACT Js for lands of and lor other to present the parly injured j a civil suit for which he may sustained by either of lhe SEC. 3. That section thirty-five of to which this is be and the same is hereby This act lo take from and after jls N. H. VAN Beaker of the of THOMAS H. President of thc Apul 16,
