davidaulloa/AmericanStories huggingface dataset:
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT

mo. ST. AN ACT
To empower the Administrator with the
VIII annexed, of James c. Swain late
of Preble county, deceased, and to
authorize the Sheriff of said county to
pay over any money in their hands
coming to Willard Swain, an insane
person, to his wife, Jane Swain, and
to enable her to receipt therefor.
WHEREAS, Willard Swain, Of Preble
county, Ohio, has been insane for
twelve years last past, and whereas,
said Willard Swain escaped from his
keepers over one year ago, since which
time nothing has been heard from
him; and whereas, he has, as the heir
of this brother, James G. Swain, de-
ceased, become entitled to some six
hundred dollars of personal property;
and whereas, his wife and minor chill
dren are in destitute circumstances,
needing said funds for their daily
support: Therefore, for their relief.
and that said property may be appli-
ed to the maintenance Of the wife and
children of said Willard Swain, the
following said act is passed:
SECTION l. BE it enacted by the Gen
eral Assembly of the State of Ohio, That
the administrator with the will annex
ed, of the estate of James G. Swain, late
of Preble county, deceased, is hereby
authorized to pay to the said Jane
Swain the amount Of money in his hands
coming to the said Willard Swain, from
said estate, as lcgatee, or otherwise, and
that her receipt therefor shall be valid
voucher with the probate court in the
settlement of said estate, against the
said Willard Swain and all others claim
ing from or under him.
SEC. 2. That the Sheriff of Preble
county, in like manner; is hereby au-
thorized to pay to the said Jane Swain
1hz prncaaAs of the -ssls=saf=7s4z 4zs=~s%I-s--
tate recently sold on proceedings in par
tition, which may be in or come into his
hands, belonging or coming to the said
Willard Swain, and that her receipt
therefor shall be valid against the said
Willard Swain, and all others claiming
under or from him.
SEC. 3 Said money in the hands Of
said Jane Swain shall be subject to the
OF any just and legal debt due
and owing by said Willard Swain and
charged with the support and education
of his minor children. This act shall
be in force from and after its passage.
\. II. VAN WORRIES,
Speaker of the House of Representatives
THOMAS II. FORD,
President Of the Senate.
April s, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT
mo. 92.7

NO. w. AN AL
Supplementary to an act entitled"an act
to authorize Judges Of the Court OF
Common Pleas Of each Judicial dis
trict to fix permanently the times for
holding the Courts of Common Pleas
and District Courts therein,' passed
March %, 1856.
SECTION 1. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
whenever the Judges of the District and
Common Pleas Courts have omitted to
change the times of holding said courts
as fixed by the statutes in force prior to
the passage Of the act to which this act
is Supplementary, the said Judges are
hereby authorize TO fix the times OF hol-
ding said courts at any time after the
passage Of this act, all orders for such
purpose shall be recorded and publish
ed as is provided in said net, and the or
ders when made shall oe subject to the
same conditions as therein prescribed.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07

set up the discharge of one individual
as discharge of the other copartncrs.
unless it shall appear that all were in
tended to be discharged: Provided, that
the discharge of any such copartners
shall be deemed payment to the cred
itor equal to the proportionate interest
of the partner discharged in the part
nership concern.
SEC 4. That such compromise or
composition of an individual OF a firm
with creditor of such firm, shall in no
wise effect the right of the other copart-
ners to call on the individual making
such compromise, for his rateable por-
ton Of such copartnership debt, the
same as if this law had not been pass
ed.
Sec. ). The above provisions in ref
erence to copartners of firm, shall ex-
tend to joint debtors, who are hereby
authorized individually to compound or
compromise for their joint Indebtedness,
with the like effect in reference to cred
itors and to joint debtors of the individ-
al so compromising, as is above provid-
ed in reference to copartners.
SEC. 6. This act shall take effect i'm
mcdiatcly ON its passage.
n. II. VAN WORRIES,
Speaker Of the House of Representatives
THOMAS IL. FORD,
President Of the Senate.
April 8, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07

shall become due and payable, the audi
tor of the proper county shall forthwith
proceed to sell such tract or tracts of
land, with all the improvements thereon,
at the door of the court house, to the
highest and best bidder therefor, in cash
having first given notice of the time
and place of such sale containing de-
scription of the lands, and the money
fishing the same in some newspaper of
general circulation in said county, for six
consecutive weeks before the day of sale;
and on such sale no bid shall be enter
tanned for a sum which will not be sufi-
cient to pay all the purchase money due
the State, and all expenses incident to
such sale; and in case said premises
cannot be sold for that amount, they
shall revert to the state in trust for
said township The Court of Common
Pleas of the proper county may, on
application of the trustees, as provi-
ded for in section nine of the act
to which this is an amendment, order
e-appraisement of the premises so for
feited and the same may be sold in the
manner herein before provided for in
the sale of such lands not under per-
manent leases, or leases for ninety nine
years.
SEC. 3. Section fifteen of an act en-
titled ''an act to regulate the sale of
school lands, and the surrender of per
manent leases thereto,' be, and the same
is hereby repealed.
Sec. 1. This act shall take effect
from and after its passage.
n. II. VAN WORRIES,
Speaker of the House of Representatives
THOMAS II. FORD,
President of the Senate
April Sd, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
n II VANyORHES.
n. II. AN UbHLo,
Speaker of the House of Representatives.
THOMAS II. FORD.
President Of the Senate.
April Sd, 1857.
mo. 1S.1
mo. 78. AN ACT
Making special appropriations for the
voor 1877

1 ~ ". 10. ~ ~
Making special appropriations for the
year 1857.
SECTION l. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
the following sums be, and are hereby
appropriated out of any money in the
treasury applicable thereto, namely:
For the payment of George Riordan,
messenger for the Supreme Court, the
sum of one hundred and eight dollars
For the payment of cost and witness
fees incurred by the committee on the
penitentiary in investigating the COM
plaint against DIR. J. B. Dawson, under
fifty dollars and twenty cents;
For paying balances for furniture
and labor in furnishing legislative halls,
committee rooms, executive offices, su
preme court rooms, and other apart
monts in the State House, in addition
to the amount heretofore appropriated,
and to be paid under the same restric-
ton, the sum of ten thousand eight
hundred and eighty-eight dollars and
sixty-eight cents;
For the payment Of taxes refunded
where enormously charged and collected,
twenty five thousand dollars.
For the payment of mileage Of county
treasurers, sixteen hundred dollars.
SEC. 2. For balance due on contract
for deepening and widening the Lancas-
ter side cut, out of the canal fund,
eleven thousand two hundred and nine
ty-fve dollars and fourteen cents. And
to complete the Lancaster side cut, the
sum of seven thousand five hundred
dollars Provided, that if, upon careful
examination of the subject, by the Board
of Public Works, it is found that no
contract exists for the completion of this
work, the money hereby appropriated
shall not be expended until there is a
new letting of the work.
SEC. 3. For the payment of Hilliard
Hays, & Co., for account rendered
against the Northern Lunatic Asylum
in 1855, the sum of two hundred and
seventy nine dollars and three cents.
For the payment of Richard Riordan,
Messenger of the Supreme Court, De-
cember Term, 1856, the sum of one
hundred and :ixty-four dollars.
For the payment of rent, gas light
etc, for rooms of Clerk of the Senate
after the adjournment in 1856, forty
seven dollars and twelve cents.
For the payment of the Clerk of the
House and Senate for making out a list
of the condition of all bills pending in
each House at the time of adjournment
in April last, to each the sum Of forty
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
mo. SS.7 AN ACT
For the relief Of Partners and Joint
nnhtnnS


Debtors.
SECTION /. Be it enacted by the
General Assembly of the State of Ohio,
That whenever any copartncrship firm
shall be dissolved, by mutual consent or
otherwise, it shall and may be lawful
for any one or more of the individuals
who was or were embraced in such CO.
partnership firm, to make separate
composition or compromise with any one
or all of the creditors Of such copart-
nership firm; and such composition or
compromise shall be Il full and efectual
discharge to the debtor or debtors max
ing the same, and to them only, of and
from all and every liability to the cred
itor or creditors with whom the same is
made OF incurred by reason of his or
their connection with such copartner-
ship firm, according to the terms of such
compromise.
SEC. 2. Every such debtor or debtors
making such composition or compro-
mise, may take from the creditor or Gre
ditors with whom he may make the
same, a note or memorandum in writing.
exonerating him or them from all and
every individual liability incurred by
reason Of such connection with such CO.
partnership firm, which note or memo
randum may be given in evidence by
such debtor or debtors in bar Of such
creditors right Of recovery against him
or them; and il such liability shall be
Judgment in any court of record in the
State, then on production to and fling
with the clerk Of such court, the said
note or memorandum in writing, such
clerk shall discharge such judgment Of
record so far as the said compromising
debtor or debtors shall be concerned.
Sec. 3. Such compromise or compo-
sition with an individual member of a
firm, shall not be so construed as to dis
charge the other copartncrs, nor shall 1t
impair the right of the creditor to pro-
cced against the members of such CO.
partnership firm as have not been dis
charged. And the member or members
of such copartnership firm so proceeded
against, shall be permitted to set off any
demand against said creditor or crcdi-
tors which could have been set OF had
such suit been brought against al the
individuals composing such firm; nor
shall such compromise OF discharge Of
an individual Of firm prevent the 9th
er members o. such firm from aVailing
themselvce cf any d"fanoe that would
have been available had not this acJ
been passed, except that they shall not
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
mo. S2.7 AN ACT.
April s, 1857.

Relating to Dover, and the mode of
fixing the value in money of Dover
Estates.
SECTION 1. Be it enacted by the
General Assembly of the State of Ohio,
That in all actions and proceedings for
partition of real estate, when the same
cannot be divided and is ordered to be
sold; and in all cases actions and pro-
ceedings for the sale of real estate by
executors, administrators and guardians,
when the widow of any decedcnt being
party, has a dover interest therein, it
shall be lawful for such widow to file
her answer in such proceeding, and
waive the assignment of dover by metes
and bounds, in said real estate, and ask
the court to have such real estate sold
free of dover, and to allow her in lieu
thereof such sum in money out of the
proceeds of sale as the court may deem
the just and reasonable value of her
said dover interest therein.
SEC. 2. That said answer of any
such widow shall have the same force
and effect, and shall be taken and held
to be in all respects as deed of release
to the purchaser Of such real estate, of
the dover interest therein, of such
widow.
SEC. 2. This act shall take effect
and be in force on and after its passage.
n. II. VAN WORRIES,
Speaker of the House of Representatives
THOMAS II. FORD,
President of the Senate
April 8, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT,

mo. 83.] AN ACT,
To amend sections 81, 101, and 127, of
the Code of Civil Procedure.
SECTION 1. Be it enacted by the
General Assembly of the State of Ohio,
That sections 81, 101, and 127 Of the
code OF civil procedure, and the act of
February 20, 1856, to amend the act
entitled an act to establish a code of
civil procedure" be, and the same are
hereby repealed.
Sec. ?. Section 81 shall be so amen
ded as to read as follows: Section 81,
The only plcadings allowed, are
1st. The petition by the plaintiff;
I'd. The answer or demurrer by the
defendant;
Sd. The demurrer or reply by the
plaintiff;
4th. The demurrer to the reply by
the defendant.
Cross PETITION. - Any defendant
who is properly made defendant, may
claim; in his answer, relief touching the
matters in question in the petition
against the plaintiff, or against other
defendants in the same action.
SEC. 3. Section 101, shall be so
amended as to read as follows Section
101. The plaintiff may demur to one
or more Of the defenses set up in the
answer, stating in his demurrer the
grounds thereof; and where the answer
contains new matter, the plaintiff may
reply to such new matter, denying gen
orally or specifically, each allegation
controverted by him; and he may allege
in ordinary and concise language, and
without repitition, any new matter not
consistent with the petition, constituting
an answer in law to such new matter.
To this reply, the defendant may demur
Sec. 4. Section 127 shall be so
amended as to read as follows: Section
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT,
ST.

To amend the act entitled an act to
establish a code Of civil procedure
SECTION 1. BE it enacted by the
General Assembly of the State of Ohio,
That the two hundred and eighty-sccond
section Of the act "entitled an act to
establish code Of civil procedure, -
shall be and is hereby amended so as to
read as follows: When the parties do
not consent, the court may, upon the
application of either, or of its own mo-
ton, direct reference in any case in
which the parties are not entitled by
the constitution Of this state to a trial
by jury.
SEC. ?. The original two hundred
and cighty-second section aforesaid is
hereby repealed.
N. Ii. VAN WORRIES,
Speaker Of the House of Representatives
THOMAS III. FORD,
President of the Senate.
April s, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07

have been issued by such bank, shall be
presented to such person at the banking
house Of such bank for inspection, pay
ment, or redemption, to write in bold
hand, across the face of such note or
notes the word Counterfeit" and sign
his name under the same.
n. II. VAN WORRIES,
Speaker of the House Of Representatives
THOMAS III. FORD,
President of the Senate
April Sth, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT
mo 94.1

For the punishment of the crime of
maliciously destroying property.
SECTION 1. Be it enacted by the Gen
eral Assembly Of the State of Ohio, That
if any person shall wilfully and malic-
iously destroy or injure to the amount
of one hundred dollars, any personal
property of any description whatsoever,
or any building or other structure upon
land or any kind whatsoever, owned by
any other person or persons, cooperation
or association of persons, every person
50 offending shall be deemed guilty of a
misdemeanor, and upon conviction
thereof, shall be punished by con6ne-
mcnt in the penitentiary and kept at
Concluded on fourth poge,)
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
mo. 72.1 AN
Further to preserve the purity Of elec-
tions
April Sd, 1857.

tions.
SECTION 1. BE it enacted by the
General Assembly of Ohio, That every
person who, on oath or affirmation, in
or before any court within this State, or
officer authorized to administer oaths,
shall, to procure or acquire the right to
vote therein, for himself or any other
person, wilfully or corruptly depose,
affirm or declare any matter to be fact,
knowing the same to be false ; or shall,
in like manner, deny any matter to be
false, knowing the same to be true,
every person SO offending shall be
deemed guilty of perjury, and on con-
viction thereof shall be imprisoned in
the penitentiary and kept at hard labor,
not more than five nor less than one
year This act shall apply to all pro-
ceedings to procure any paper or papers
of naturalization, and every such wilful
and corrupt falsehood, deposed, affirmed,
or declared, on oath or affirmation, in
the manner before stated, in any such
proceedings, shall be held and taken to
have been made to procure and acquire
the right to vote within this State. This
act to take effect from its passage.
n. II. VAN WORRIES,
Speaker Of the House of Representatives
LESTER TAYLOR,
President of the Senate, pro tenn.
April 3D., 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT

mo. a AN ACT
10 amend an act entitled & An Act to
encourage the organization of Fire
Companies" passed March 18th,
1913.
SECTION 1. Be it enacted by the
General Assembly of the State of Ohio,
That any person who is now, or shall
hereafter become, an acting member of
any fire. engine, hook and ladder, hose,
or other company for the extinguish-
ment of fire, or the protection of pro-
perty at fires, now existing, and under
the control of the corporate authorities
of any city or incorporated town within
this State, or any of such company
which shall hereafter be organized un-
der, and subject to, the authorities Of
any city or town as aforesaid, shall, du-
ring the time he may continue an acting
member of such company, be exempted
from the performance of any military
duty, from serving on juries, and from
the performance of labor on the high
ways. And any person who shall have
been an acting member of any such
company in any city or town, as afore
said, and shall have faithfully discharged
his duties as such for the term of five
wears, shall be forever thereafter exempt
ed from the performance of military
duty in time of peace, from serving as
juror, and from the performance of
labor on the highways.
Sec. g That section one of the act
to which this is an amendment, and the
same is hereby repealed.
Sec. 3. This act to take effect and
= I
n. III. VAN VORHES,
Speaker of the House of Representatives
THOMAS H. FORD,
President of the Senate.
April 8, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
I No. SCI AN ACT

mo, Sc AN ACT
To prevent the circulation of counter
felt bank notes.
SECTION 1. Be it enacted by the Gen
cral Assembly of the State of Ohio, That
it shall be lawful for any cashier, presi-
dent, or other officer of any bank, au
thorized by the laws of this State to is
sue notes for circulation, whenever any
counterfeit note or notes, purporting to
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
No. SOL AN ACT.

mo. So. AN ACT.
Making appropriation for the payment
of Wolf-scalp Certificates.
SECTION l. Be it enacted by the
General Assembly of the State of Ohio,
That the sum Of three hundred and
fifty dollars be hereby appropriated out
of any money in the treasury not other
wise appropriated, for the payment and
redemption of wolf-scalp certificates.
n. II. VAN VORHES,
Speaker of the House of Representatives
THOMAS II. FORD,
President Of the Senate
April 3, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07

127. Every material allegation of the
petition not controverted by the answer,
and every material allegation of new
matter in the answer not controverted
by the reply, shall, for the purposes of
the action, be taken as true, but the al
legation of new matter in the reply
shall be deemed controyerted by the
adverse party, as upon direct denial
or avoidance. Allegations of value, or
of amount of damage, skssH not be con-
sidered as true by failure to controvert
them.
n. Fl. VAN WORRIES,
Speaker of the House of Representatives
THOMAS III. FORD,
President of the Senate.
April s, 1857.
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT
mo. 76l

mo. 76] AN ACT
To amend an act entitled '' An Act to
regulate the sale of School Lands,
and the surrender of permanent leases
thereto passed April 10th, 1852
SECTION 1. Be it enacted by the Gen
eral Assembly of the State of Ohio, That
section Is of the act entitled "an act to
regulate the sale of school lands, and the
surrender of permanent leases thereto,
passed April 10th, 1852, be and the
same is hereby amended so as to read as
follows
Sec. 2. (Section 15) IF any pur-
chaser or lessee shall fail to make any
payment on any tract of land for the
space of twelve months after the same
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07
AN ACT
mo. S9.7

Supplementary to IAN act regulating
appeals to the District Court, passed
March %, 1852.
SECTION 1. Be it enacted by the
General Assembly of the State of Ohio,
That in all eases where an appeal has
been or shall be taken from the Court
of Common Pleas to the District Court,
and the surety in the undertaking for
he appeal shall have removed from the
State, or for any cause whatever, shall
be insufficient, or if such undertaking
shall be insufficient in form or amount,
it shall be lawful for the District Court
on motion, to order a change or renew
al of such undertaking, or said Court
may order a new undertaking to be Civ
cn, with security, to be approved by said
Court, or the Clerk thereof; and if the
said order Of the said Court shall be
compiled with and obeyed, said appeal
shaft not be dIsm1ssed; but said Court
shall proceed to hear and determine the
cause in the same manner as if the said
order had not been made, but if the said
order of said court shall not be compli-
ed with and obeyed, said appeal, on mo-
ton for that purpose, shall be dismiss
ed, and the Judgment or decree in the
Court before, shall be revived.
n. Ii. VAN WORRIES,
Speaker of the House Of Representatives
THOMAS ii. FORD,
President Of the Senate.
April 9th, 1857,
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07

mo, II. AN ACT,
Supplementary to the O. act to provide
for the organization Of Cities and In
corporated Villages, passed May B,
1851.
SECTION l. Be it enacted by the Gen
eral Assembly of the State of Ohio
That no territory or land not now in
cluded within the limits of any city,
town or incorporated village plat, nor
within the limits of any addition thereto,
shall hereafter be annexed to any mu-
nicipal corporation, without the assent
of thrcc-fourths of the legal voters resid
ing on the land or territory to be an
nexed, which assent shall be made in
writing, and presented to the county
commissioners at the same time the pc
tition for such annexation is presented
to them, agreeable to the provisions Of
the 18th section of the act to which this
act is supplemental and said petition
shall set forth the value of each parcel
of land in the territory to be annexed,
and the names of the owners thereof.
SEC. 5. This act to take effect i'm
mediatcly.
,
Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-05-07

n. II. VAN WORRIES,
Speaker Of the House of Representatives
THOMAS II. FORD,
President Of the Senate
April 3, 1857.
Oroville daily Butte record., 1857-12-09
GOLD AND JET CROSSES

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