davidaulloa/AmericanStories huggingface dataset:
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
LAWS OF OHIO.
PM6lished 6n AMlhorila.


[No. ISL AN ACT
Relating 10 the peFlislon OF real estnte hsid In
common BY religious societies.
esctiou l. Be itenactsd By the General Assem-
bly, Of the State Of Ohio, That in ell eases whore
two religious societies OF congregations, BY gift OF
purchase, have procured land upon which 70 erect
house Of public worship aud other bulldings for
church or school purposes, and for burial ground
and canoterys in common, and either Of said so-
cietes or congregations shall be desirous Of aban-
doning the joint OF common use Of said house Of
public worship other sreotions, Il shall be com
Pstent for the court Of common pleas, upon sppli-
cation Of eithur OF SAID societies or congregations,
10 make partition Of the use Of said common prop
orty, except the burial ground and cemetery which
may continue 10 BE- used In common.
Soc. 2. In oase said court Of common pleas
shall order partition Of said premises 30 occupied
10 common, u ehallbo necessary 10 specify In said
srder for what purpose partition Of the use is
made, aud how and for what purpose the use OF
the promises allotted 10 each party shall be Oocu-
pisd, and in shall said premises or any PAT
thereof be occupied for any other purpose than tho
erostion Of a house Of worship aud other orectcns
connected Herewith.
Sec. 5. The court Of common pleas shall in no
case order partition Of the use Of said common
property, unless the same can be done in such
manner rs TO occasion no confusion or inconve-
pienee 10 either party In tho separate use Of the
common property.
See. 4. Tho laws now in force regulating the
mode and manner Of proceeding for the partition
Of property held In common, ehall be app.ieabs 10
the proceedings contemplated in this Law, and in
addition thereto the commissioners appointed BY
tho court shall report TO the court whether In their
opinion, partition Of the use can be made IN such
manner as 20 occasion no confusion or incOnveni-
opce to either party, In the separate use OF the
common property.
Sec. s. This act shall take effect and bo In
force from and after ITS passage.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
Catrst By Grlegrapb.


WASHINGTON, April &c.
There is general FEELING Of reliefmaniicst.
ed by the Court, Jury, Counsel, spectators
and all concerned, at the prospect Of arriving
at termination to-day Of this protracted
case
II is now expected that if the rulings Of
Judge Crawford on the instructions prayed
for be not very adverse 10 the prisoners
cause, the case will be submitted to the jury
without further summing up, in which event
q verdict would probably be returned on this,
the twentieth day Of the trial.
This District Attorney resumed his ar
gument this morning on the instructions
prayed for.
He had been endeuvoring to show that the
rule adopted in Manning's case was not a
tightening Of the principles Of the Common
law, but was rather in nature Of an alleyia-
ton than otherwise.
Prior to that time the doctrine had never
gone further than that no act ofinsult or con-
tumely. and no trespass on the property
would justify the slayer in taking the life Of
n trcspasser, and would not reduce the
crime from murder to manslaughtoT
The determination Of the bench in Man
ning's case was in consonancc with the prin-
oiplcs Of the common law long since cstab-
lished.
As adultery was not an assault on the per-
son of the husband, but was only combined
Of the two proyocations of insult and Of tres
pass, then to regard the construction Of the
law rs understood at that time would have
convicted the party Of murder.
The law then for the first time declared
that adultery was such a proyocation as
would reduce the homicide from murder TO
manslaughter.
From that time to this the law had never
gone further II would be very unwise for
courts ofjustic9 to relax that rule
1t would oyerturn the principles Of the
common law in regard to murder, and would
establish the principle thata man could kill
another frem motives Of revenge, besides it
could not de restricted to the single crime
Of adultery, but would also have to extend
to the case--one would necessarily embrace
| the other
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
March 20, 1859.


tNo. 1e21 AN ACT
To amend an act entitled "an act to provide for
the recording Of Land Patents" passed March
14ths 1895.
Section 1. Be IL enacted by the General Assem-
bly, Of the ate Of Ohio, That the act entitled an
act 10 provide for the recording Of land patents"
passed March l4tb, 1888, be so amended as 10 read
as follows.
Sec. 2. All patents for lands lying within the
State OF Ohio granted 10 any person OF persons BY
the President Of the United States, and all copies
Of such patents duly certified under the official
seal Of the commissioner Of tho general land Office
Of the United States, and all exemplihoations Of
the record upon the general land officer aforesaid
Of any patent recorded there, may be recorded in
the office OF the recorder in the proper county m
which such lands, or any part thereof, are situate,
and the recorder shah bo allowed the fees for
recording such patents or may be allowed
for the recording Of deeds and other instruments Of
writing.
Sec. 8. Copies Of such record heretofore or
hereafter made, duly certified by tho recorder un-
der his official seal, shall be received in all courts
and places wit In this state as pfima facio evil
denee Of the existence Of such patents and as con-
elusive evidence Of the existence Of such record.
/ Sec. a. That the original act entitled 'an act
to provide for the recording of land patents .
passed March l4th, 1885, DO and the same is here
/ by repealed
/ Sec. 5. This act shall take effect and be in
/ force fiom and after its passage.
WILLIAM d. WOODS,
Speaker Of the House Of Representative
MARTIN WELKER,
President Of the Senate.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

citizen ofthis s,ale from holding by appoint
mont more than one Of several Offices, therein
NAMED at the same tlme.
Section l. ne enaetedby The General Assems
bly, Of the State Of Ohio, That no ciigen Of this
state shall hold, BY appointment or election, nj the
same poriod of time, more thap one Of the Offices
herein mentioned, to-wits the Office Of sheriff,
county auditor county treasurer clerk Of the court
OF common pleas, county recorder, prosecuting at.
torney, aud probate judge and no incumbent Of
any Of the foregoing Offices shall be eligible TO held
the office Of justice Of the peaco during the period
Of time be shali hold such county Office.
Soc. 2. That the act entitled Gan net prohibit
ing any citson Of this state from holding, By sS-
pointment, more than one Of several Offices therein
named, At The same time" passed February IA,
1910, be and the same Is hereby repealed.
Sec. This act shall take effect from and after
its passage.
WILLIAM b. WOODS,
Speaker ofthe House Of Representatives.
MARTIN WELKER,
President Of the Senate,
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

ST. LOUIS, April 26.
Several letters published from the "Salt
Lake Valley Tau" giving the proceedings Of
Judge Caidelbough's Court at Provo, explains
some Court difficulties and disturbances in
the Territory.
A misunderstanding exists between Cum
mngs and johnson, which seems TO have
grown out OF refusal of the latter in with
drawing troops from Provo that had been
sent there under requisition from Court to
protect witnesses. Judge Caidelbough pas
Sed some severe structures upon Gov. Cum
ming's proclamation which has not been re-
ceived here, characterizing it informal; evil
IDENTIFY designed to eXasperate the people
against the troops; obstruct the course OF
Justice, and excite insubordination in the ar
my, and also says, instead of the presence OF
the troops tending to terri(y inhabitants too
intimate with witnesses, jurors and parties
testifying in behalf of the prosecution have
been compelled to seek the protection OF
the troops against threats and intimidation
from the very inhabitants said to he 50 terri
fed.
Judge Cradelbaugh is setting merely as a
committing magistrate.
lie will 90 to Camp Floyd the coming
week to continue the investigation Of testi.
mony elcited duplicating several Bishops
and Presidents of the civil authorities in the
territory in murders at various times-all Of
whom fed and escaped arrest. -Four grand
jurors when discharged by Judge CraGel
baugh had also fled The inhabitants Of Ce-
dar City, and several other towns in the vi
entity Of the Mountain Meadows have been
mastered and are almost depopulated.
II is also stated that the Indians abou
1000 strong, headed by white men, have
mustered in that neighborhood, and expires
scd the determination to prevent the arres
of any one in that section.
Judge Cradclbaugh, ,cmphatically denies that
the grand jury protested against their dis
carged as stated hy the desert News.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
vide FOR draining aud retaining certain swamp
.,d o,,.ran,rad iandn

vide fOr draining ana feclaimihs cefthiA H"ensP
and ovoraowed lands.
Section l. Belt enacted by the General Assem-
bly Of the State Of ohio, That section one OF the
act passed March ~, 1856, entitled ian act sup
Elementary to ON act entitled 'an act to provide
for draining and retaining swamp and overhowed
lands granted to the state Of Ohio by On act Of
congress approved September 2s, $780, passed
March 2, 16bs,"be 20 amended a. TO read ne fol-
lows, Section /. That the county commissioner
In any county In which any Of such swamp or
overnowed lands may be situate and for the drain
ing and reclamation Of which contracts have here
tofors been or shall hereafter be let, under the
provisions Of the act to which this is supplement
tary, may, at their discretion, renew or extend the
time Of performance Of such contracts when tho
same have expired or are about TO expire by the
limitation Of said act, upon the terms as ORR
ginally made said contracts not 10 be renewed, or
the time Of performance thereof extended, for
term Of more than two years beyond the time Of
their expiration under the act to which this Is fup-
Elementary.
Sec. 2. That the first section of the act Of
which this is amendatory bo and the same isbere-
by repealed.
Sec. 8. This act shall take effect and be in
force from and after lie passage.
WILLIAM D. WOODS,
Speaker Of tho House Of Representatives,
MARTIN WELKER,
President Of the Senate.
March 20, 1859.
Secretary Of States 06ice,
Columbus, o,
/ hereby certify that the foregoing acts are true
copies Of the original rolls on ile In this office.
A. P. RUSSELL, Secretary Of State.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
Grain Market.
Cincinnati Markets.

CMoISNArt, April &c.
Flour firm. s5,6O@5,75 for superhue.
Whisky 1891.
Provisions buoyant Mess Pork 8l7 ,O0@le,.
60; prime Si3,00@i3,75.
Wheat steady. white .4O@I 50; Red 81
al 80.
Corn active at 7s@S0.
Rye in fair demand at q0@9S
Barley firm at 62@65.
Oats, 52@5s for prime.
Lard n Y
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
March 20, 1859.

rNo. % AN ACT
To authorize County Commissioners TO surrender
free turnpike roads In certain cases.
Section /. Be It enacted by the General Assem-.
bly, Of the State Of Ohio, That the county commits
sOnors Of the several counties in this state shall
have power, Whenever In their opinion, the public
interests will be subse:Ved thereby, TO surrender
to any turnpike company, now existing or hereaf-
ter to be created or organized under the laws Of
this state any free turnpike or other road in any
county or counties In this state, and direct that
the taxes levied and collected under the act to
which this act Is supplementary. shall be paid over
to such turnpike company, in cases in which such
taxes shall not have been disposed Of under the
act to which this Is supplementary, to be expended
in constructing repairing the road, to construct
or repair which the same was levied.
See. 2 That any turnpike Company receiving
such surrender Of any such FREQ turnpike or other
road In this state, the taxes collected to cons
Struct and repair such road under the act TO which
this Is supplementary, shall issue to the persons
upon whose property such taxes have been levied,
certificates Of stock for the amount Of taxes by
them respectively paid, upon which they shall be
entitled to dividends, pro rata as other stockholN
ders, may be, upon their stock.
Sec. 3 That whenever three consecutive miles Of
such road have been, or IN ny be, constructed and
finished, according 10 law, the directors Of such
company may establish toll gate thereon; and
for every additional five miles, finished afore-
said, an additional gate, and may demand and re-
ceve tolls thereat at rates not exceeding the ratt
now allowed by an act to providI for the creation
and regulation Of incorporated companies in the
State Of Ohio, passed May l, 1859, and the acts
amendatory and supplementary thereof to other
companies.
Sec. 4. That in all elections for directors OF
such company, each stoekhOlder shall be allowed
one vote for each share Of stock by him held, and
one vote for each fraction greater than half a
share.
Soe 5. That this ao. be in force upon its
passage.
WILLIAM D. WOODS,
Speaker Of the House of Representatives
MARTIN WELKER,
Presidant of tho Sennfe
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
New York Market.

NEw YoRK, April &c.
Flour advanced Ohio S6,20@6.40
Wheat buoyant. White ! l,65@i, rs; Red
81 1,42@l, As.
Corn firm at s2@55 for mixed White 50
asa
Pork firm. Mess, si7OO@l7,3O Prime,
sl9,506l2,57.
whisky dull at 25l5.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
March 20, 1859.
AN ACT

mo lO4l AN ACT
To punish trespassers public and other lands.
Section l. Be II enacted by the General Assem-,
bly, Of the State of Ohio, That any person who
shall wrongfuily and without lawful authority cut
down, fell, box, bore, otherwise injure or de-
stroy any living tree trees standing or growing
on any lands the property of the State of Ohio, OF
Of any public or private incorporated company, or
OF any other person or persons, shall otherwise
trespass lhCTeon, shall, on conviction thereof be
fined in any sum not exceeding one hundred dol
lars nor less than one dollar, or be Imprisoned in
the county jail not exceeding twenty days, or both
at the discretion Of the court.
Sec 2. All prosecutions under this act shall
be by indictment before the Court of Common
Pleas in tho county where the offence shall have
been committed; Provided, that on complaint be-
fore justice Of the peace ofthe county where any
ohense shall have been committed, If the offender
elect to plead guilty, the justice may at his dis
erection, enter his plea, and proceed to pass sen.
tence, and cause the same to be carried into eze-
9utiOn.
Sec. 3. That the act entitled "an act to pun
ish trespasses on the public lands" passed March
3lst, 1887, bo and the same is hereby repealed
Provided, that this repeal shall not affect any
ofense heretofore perpetrated contrary to the
provisions of said act, but the same may be prose.
cuted as If this act had not been passed.
WILLIAM B. WOODS,
Speaker of the House of Ropresen tatives.
MARTIN WELKER,
President of the Senate.
Mareb On 1870
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

the very best success,
The public is therefore respectfully requested TO
favor me with its confidence and patronage in the
treatment OF Horses and CAttlej and Will spare
pains to deserve the same,
| Thefollowing testimonials given under their own
hands, by my patrons, are sufficient to prove my
Oapability; ~. ..
We, the under-lgned certify that A. Gally, Neter-
that we are not only satisfied with the he has
effected for u.s. but we oOns,ienhously recommend
MIN 10 all our friends and aequaintances eNa
perienced and sKilnui Physician in this branch OF
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
TO HORSEMEN.
A. GALLEY, VeteTincry Surgeon
Cor. St Clair and Second Streets,
DAYTON, OHIO.

UUNINN JnD tWenLy
months since Ihave OPEN
cd the stable on Second
and st. Clair sts., / have
treated in my Horse In
Urinary more than 45Ohor-
sos aud oOwsj of these
there were many animals
which the majority con
sidered inoUrable; and yel
| have treated them with
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

mo. I'LL An ACT
To amend tho act passed March IL, 1855, supple
msntary to an act passed March 2, 1858, 10 pro-
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
From washington

WAsHINGToN, April 90
Commissioner Bowlin is expected to ar
rive here next week, and will bring with him
the treaties recently entered into with Para
quay
Senior Mata, the Mexican minister arrived
here yesterday morning and is stopping at
the National Hotel
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

mo. 1851 AN ACT
To amend an act entitled Gan not TO establish al
terations in state and county roads," passed
March 25tb, 1864.
Section /, Be II enacted by the General Assem-
bly, of the State Of Ohio, That tho hrst section Of
an act entitled "an act 10 establish alterations in
state and county roads," be and is hereby amen
ded so aa TO read as folloWs Sec. ], That all al
terauons Of state or counts roads, that are now OF
shall hereafter be lawfully made and established
shall form part of said road, and SO much of the
original road as lies between points at which the
alteration interseeted interseets, shall be and
remain vacated.
SEQ. .. That the original section one 10 which
this is an amendment is hereby repealed
Sec. y. This act Rhall take effect and DO Ii
force from and after its passage.
-, WILLIAM D. WOODS,
Speaker Of the House of Representatives.
a MARTIN WELKER,
President Of the Senate.
March 26, 1882
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
FRANKLIN HOUSE,
CORNER MAIN AND SECOND SITS
DAYTON, OHIO.
DAVID HARKRADER, Proprietor

HAVING SUCCEEDED ]. P. KLINE
Al TO the proprietorship OF this we'll known and
popular Hotel, am determined that its good repu-
tation with the public shall not in the least be de
minished under my superintendence.
The house has been thoroughly rehtted, and every
possible convenience added 20 every department.
The stable as heretofore, will be in charge of care
ful hoatlerB. mhib-3mdaw
N retiring from the Franklin, - ItaKe this method
| OF recommending my frlenda and patrons of the
House while under my administration, to the new
proprietor who will extend to them all the courte-
sies due from landlord to his guests.
In this connection offer my sincere thanks TO my
aequaintanees and the great public that has so long
extended to me generous friendship and liberal
patronage. JOHN P. KLINE.
mhl6-smdAw
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27
THE
One Horse ShOeing shop,
ON THIRD sTRHhT.
few doors East of the PosT OFFICE,
DAYTON, o.
THE

DAYTON, o.
THE Subscriber is now better prepared
Il than ever TO mmOdate his old customers, and
the public, in the
HOrse-ShOeINg Business,
In its various branches. Particular attention
will be given to all lame horses, such ~
split boofs and hoof bound and IN their feet
will be cured satiiaetory TO the of such hor-
ses, and ~ not, money will be refunded
ALSO.-HorSes that Interfere will he shod TO pre-
vent II, and warranted, or money refunded.
He will personally superintend all work entfustd
TO his Thankful for pastlayOrs, he respectfully
asks continuance of the patronage of his old GUS
toners, and will be happy to accommodate rs many
nav ones as may favor him with call.
apr2-dawiy NATHAN SIFFERMAN.
CJournal and Gazette copy sun
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

JUST received large assortment of Coal
" Oil Lamps, with improved Burners, and new
styles, suitable for Church, store Paror and Kieh-
en- purposes, in variety.
Glass suspending Lamps-Large and Small Burner.
Side
and Glass PariorH
60 Kitchen
Britannia Parlor Pulpit something new and good.
Prae. ct Lamps, Large and Small Burner,
Reading &C g"
Hand
We alsa keep large stock of Lard OIL Fluid and
Camphene Lamps, Glass and Paper Shades, CHM
nies Wicking etc., ETC., which offer for sale at
reduced prices.
HEcKLER, REMLEY h MAXToN.
ianb
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

Brandy.
The above Liquors RrO warranted good, or no
sale. Families and Dealers are requested TO call
and examine for themselves. For sale only by the
PAckag or Bottle.
mh30 ID. and +. b. SKULL.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

mo. lOl.l AN ACT
To snsna ths:GOt 'AtItlsd "An aes prohibiting any
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-27

WINES AND LIQUORS.
IN BASKETS Champagne,
Az 10 doz Sparkling Catawba,
10 cases Bermuda Julip,
. casks Port Wine,
2 Sherry do,
2 Madeira do,
2 Claret do,
8 dozen Blackberry Brandy,
. Cherry do,
8 Lavender do,
3 Ginger do,
s Aromatic Schnapps,
" Ginger Wine.
10 bbls. Old Rye Il Bourbon Whisky,
Old Hennessey and Otard
RrandV
New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1859-06-08
OBSERVATION-DISCLOSURES.
SPECIFICATIONS for the contract IN, en.
closing and fencing in Macartys Square The Third Dis


St. cIapas and Pauline streets, and shall % with
viz The plans hereto M post;
goes Into the ground well burnt otennes
81 be- harm holes w 3
solid On the ef each post tn, shall be inches
Sns
s be the zap 10 q. e make good finish Th.
me
gaes shall be made shown the plan shall be well planned
seP sas
s aa and shall be
o son ws as with the lines
asons md levels to be given by the City Surveyor and
The contractor shall be bound begin work the ten
Council complete the same sixty days After under
any 81 e day for each and every day thereafter the
to the amount Of $500 shall be required
apsg Of the sane y n nv sayeyo '
bs w T ss @
s to e s9n arc without putting he IN
sp pmSy to Justice to anna the without
liz the s or in so n hs
complete The conformity with contract the said
tractor shall forfeit all claims he have for any part
VOTE done " him up to the date Of the abandonment and that
heefor and Is also well understood
be resod the contractor and his securities shall held ard
bound IN sodo TO unto the city all loss difference
tween the price at which the nnctor originally contracted
at a resale readjudcation
Bids to be running foot of complete including the
gates - e "
New Orleans, June l, 1852
lsgned LOUIS H. PILE City Surveyor.
approved by the Committees Streets and Landings OF both
Boards of the Common Council.
lssned.l R0BT HUYGHE, ,h,
nth, II. I. FESNARD, Nn"imeh'
ie2 LIT HENRY DUREL for Cornptroller