American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-05-26


or other domestic animal iato such enclosure
or upon such railroad track, without the con,
sent ofsueh company o. party under penaity
Of fine not exceeding ten dollars for every 1
such tfenSe, TO be recovered by such corpora
tion or parry. in an actiOn' before justice Of
the peace Of The proper township, and The IL
ability ofall damages which may be thereby
occasioned: provided, That whenever such
TailTUad shall phss through OF along the bouH-
d0ry ofany ihcl0ssd 6eid or fields, the proPri 4
etor or proprietOfSof any such Inclosed fields
Is hereby required TO CONSTRUCT one half the
fence necessary 10 partition such enclosed
.ands from the railroads andtbe construction
Of the same may be enforced in the same man I
nef as are the partition fences between two or
more individual ooundsTies: provided further
that any person or persons desiring q private (
crossing OF crossings and cattle guards as
contemplated by this act, shall be responsible /
for one-half the expense Of constructing and
maintaining the same. .N ~
Sec. 2. That whenever any railroad com
pany or other patty having the control and
maaagementrOfa railroad shall have erected
such fence or fences as are required by The
first section Of this act. and any lands adjace nj
thereto; the owners Of which have received
compensation for the right ofwny through the
same ,aTe or shall be enclosed 50 that such
-
the Inclosure 10 such lands, the person or
persons owning the same shall pay to such
railroad company one half the cost and ex
penses incurred by the construction OF 80 much
theTeOf as serves as a PARTITION tence, or one;
huIf the valua OF such fence at the time such
enclosure may be made as the easemay be, and
Whenever any such lands shell have been en-
closed by the owner orioccupyeT thereof, in.
such manner that the enclosing leuct, IN whole
OF in pert may bemade In answerthe purpose OF
enclosing such railroad, the railroad company OF
other partyihaving the management ofthe road
may join its fences thereto upon paying to such
owner one-ba1 the cost or one half the cash
value Of SO much OF such fence as serves 10 en-
close the railroad ,and in all cases whete eithe'
the railroad company or other party having the
| control and management of a IaiirOad or the
| owner CT soceupyer oflsnjs adju9ning, shall
refuse to pay, as required BY provisions Of this
| section, one half the cost, or one half the
cash value Of so much fence as shall have
been built the other, and serves the double
purpose Of inc losing the railfoad aud The ad
! Joining lands the same may be recovered be-
fore any court OF competent jurisdiction in a
| ciTil action.
| Sac. q. That when such fences are duly
4 made, they shall be kept in IePair in ALI re-
4 spects as partition fences are now by law re-
quir,dto be kept in repair.
/ Sec. 4. N thing contained in this act shall
be held to affect in any manner. any contract
or agreement between any railroad company
| or other party having The conirDl and manage
ment OF o railroad, and the propTietofs, or oc.
cupyers Of lands adjoining for the Construction
and maintenance offences, cattle guards and
I railtoad crossings. rr'' 71 ar7 -se
4 Sec. S. That if any railroad company, o
4 other party having the control and manage,
ment ofa railroad, shall neglect or refuse 4
construct such fences cattle guards CT Cross
ings, or TO keep the same 'in repair, as pre-
scIibed in tho foregoing part Of this act, latte
thirty days previous notice or request to d
! the same made 10 writing by any person. liSuc
railioad company shall forfeit and pay for eac
and every day that said company or other paf
ty shall refuse or neglect to comply whhth
foregoing provisions Of this act, any sum no
exceeding fifty dollars per day, 10 be recoverrt
in the name Of the State or Ohio for the use 0
the county in which suit is brought
Sec. g. This act shalt effect from an
after its passage. :. s5
Speaker OF the House Of representatives.
, MARTIN WELKER,
= .E President Of the Senate.
e March 25 1859. fe.i.
! INO. VI. AN hOls
. To repeal an act entitled "an act further de
fning tho duties OF County Treasurers,
Z passed April 8; 1856, and the act amends
tory theteto, bassed April 10, 1851.
Sec. 4, Be. il enacted By the Generally A
+, sepJly 81 the SLATE Of Ohio. That the act er
! titled ian act further defining the duties I
County Treasurers,'' passed April 8, 1885,
D and the abf entitled can act TO amend an az
fiifthei defining tie dulles Of county treasures
, passed April g., 1885" passed ApTil 10. s5,
J be and the same are hereby repealed. Prov
ded that the county treasuTers who shall hav
retained fnndsin their hands for disbuTSener
under the provisions Of the act hereby rePea
Z ed, shall settle and account with the sevrfi
u boards of township trustees, and educatio
:. and council Of Municipal corporations to whic
u said funds may belong, and Upon suchsetilt
i me shall pay over TO the proper local trea'
u uters any balances remaining in the hands
y such county treasurers, ).
/ Sec! q. This act shall take effect and
y in force from and after its passage. .sf
o WILLIAM b. WOODS,
n Sneaker Of the House Of Representatives.
= a1i - ofl MARTIN WELKER.
u President OF the Senate.
y March 26; 1859. - Ul s-M t49F
y ~ mo. 95.l AN ACT. az
SuppIeme ntary to an act entitled "en ACT q
fning the duties Of Justices Of the Peace al
fe Consiablesin criminal cases, ,'passed Mar
" s27, 1887. ali tntt-G ast ;
5 SecI Be itenaoi6d bv the General AsSei
/. bin of the Sihfe Of Ohio, That in'the pfosec
. tion Of all offences whereof Justices of 1
Peace have Jurisdiction TO try and punish
fine or otherwise. after the appearance OFT
defendant, and before the Court shall proce
~ 10 iuqiiife into the merits Ofthe ,canse, the d
y fendalt may demand TO be tried by Inry,
e. which case the Justice shall proceed TO
qtIiIe Unto thes complaint, and commit d
s. charge, or recogn,Le the accused and me sal
H. proceedings shall in all other respects be b
ol by and before the Justice. audlin the Cou
ut ofCommon Pleas OF PObhte Courts rsspt
lh lively, as is or may be provided by law
er other cases for the prosecution Of crimes a
er offences, the punishment whereofis less th
ls- Imprisonment in The penitentarY. sau
ct Sec. Q. This act shall be in force f1pnl'a
On after its passage, u,oo,>s \,
as WILLIAM b. WOODS,
in ! Srseakets al the House nfs Representative
a IN g3iassl MARTIN W 81 kER., Il
he q,spi ss PTesideutof The Senate
let itgTi AN ACT. arJ#t.j f
mt For the further Ofganization Discipline
Gg the Militia aud Volunteer Militia.
IT. Sec. 1. Belt enacted By the General .
ny sembly of the lStats Of Ohio, That section
+e-l and OF the act,entitled can act to organ
ais ana discipline the militia, and voIunteefm
ch tia,' passed March 2s, 1851 providing