The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-05-02


SIC s. Any township adj olnlng one in which Gene
Ary may be established under thts act may, ~ eonssh
,f the husteeI Of each township, and Of the eoale o.
ueh incorporated village he admitted 10 equal psrtl
patton Of the inhabitants thereof in rights and privileges
Ia said etery upon sach terms as may be mutually
agreed upon 6ut the title and control Of said cemetery
shall continue vested In such Incorporated village Us
herein above provided.
sEc Ali laws Of this State Of general nature, pro-
di0g for the protection Of cemeteries Or mskog Grim
nal any act done to the injury Of the same or to The in
Jury Of thing ppeTAang in way TO the use there
Of for burial purposes, shall apply TO cemeteries es9h
lished by virtue hereof.
eEc T. This act shall take eject and he in force from
RICHARD c. PARSONS,
Speaker Of the House OF Representatives,
ROBERT @. KIRK,
Passed March u, 1850. President Of the Senate
NO. 4Ol ANAoT
To authorize Counties Townships Cities and IncoTpor
ated Villages to issue bonds in certain cases.
SECTION l. Be t enacted by the General Assembly Of
the State of Ohio, That it shall be lawful for the Com
msoners any county, the Trustees of any township
the Council of any city or incorporated village which
may have heretofore in OF Law issued nds in
aid or for purposes Of public improvement, aud which
bonds due and unpaid, may become due or
before the fourth day OF January in the year eighteen
hundred aud to Issue other bonds not exceed
ing the principal of such bonds due TO be-
come due.
SEC g All bonds issued by virtue Of the foi egoing
ton shall lie mbered and registered by The authorities
issuing hem each bond shall be for Of not less
than hundred dollars nor more than one thousand
dollars and shall become due at any period therein
uamed not exceeding fifteen years from its date it shall
bear interest rate not exceeding seven per centum
per aunum, payable semi annually by coupons thereto
attached and each bond with its coupons may be made
payable any place desigu ated therein provided how
ever that no bond shall be disposed at less than its
par value and the proceeds Of all such bonds shall be
for the redemption of equal amount of the prin
cpal bonds falling due to become due specedin
the first section of this act and for no other purpose
whatever.
SEC g. Said Commissioners Trustees and Councils,
issuing under the provisions Of this ac hereby
authorized and required 10 and levy in the usual
annual for the payment of the interest up
said bonds; and they likewise hereby authorized
and such annual tax as to them may
expedient for the redemption of the principal of said
bonds the power of taxation hereby conferred being ad
dona to the other powers Of taxation granted to them
by law.
SEC L. This act shall take effect and be in force fr
and after its passage
RICHARD C. PARSONS,
Speaker of the House of Representatives.
ROBERT G. KIRK
Passed March 10, 1860. Pres dent of the Senate;
! rNo. 26 AN ACT
To amend section three hundred and thirteen of
to establish Code of Civil Procedure.
SECTION l. Be H enacted 6y tie General ASsemM,
of tie State of Ohio, That section three hundred
thirteen of the act entitled "An Act TO establish Code
of Civil Procedure" be amended to read as fol
lows Section 33. No party shall be allowed to testify
by virtue of section three hundred and ten, when ht
adverse party is the guardian of an idiot, lunatc
or of deaf and dumb person, or the executor or ad
nnistator deceased person, the guardian Of chC
children of deceased person, when the facts to b.
proved anspred fore the death of such de ceased per
sons, except in suits upon contracts which shall hav
been entered into by deceased persons, by agents, il
which cases. if the agent be Witness the opposite par
may testify as to all that transpred between such part
and the agent in relation to such contract and the max
ing of the same; excepting also, where the CLAIM
or defense is founded book account then the part
shall I've permitted to testify that the entries in hi
hand writing, that the book containing the is hi
o,1 Nho
said book of accounts have been made by person who
at the time of such trial. is deceased, dsintercse
person who il nonresident Of the State, proof
such decease residence, and that said entries
the handwriting of such person, such proof by tn
party hereinbefore provided then it shall be compe
tent admit said book Of original entries evidedct
the weight to be given to such evidence, in either
however being eft to the Court or Jury to determine
and in all actions by or against surviving partner
partners surviving joint contractor or contractor
any party the action shall be incompetent witne
to testify to the transactions which took place with,
declarations admissions made by the deceased partne
Joint contractor in the absence of his surviving par
ner or Joint contractor. The deposition of party sha
not be used in his behalf unless the legal notice
quied in the where dispositions to be taken sha
also specify that the deposition to be taken il that Of ii
party; provided that if the deposition of party
taken in any pending suit, and such party shall die b
fore the trial thereof it shall be lawful for the oppos
party to testify as to all matters contained in said dept
, sitOn. .-..
SEC. o This act to take effect from and after Its pa
sage: and section 33 of the Act to establish Code
:,
RICHARD c. PARSONS,
4 Speaker of the House of Representatives.
II RICHARD A. HARRISON
March 3, 1860. President pro TEN. of tie Senate.
mo. 2s.l AN ACT
To Regulate the Responsibility Of Inn Keepers.
sWT TloN 1. BE H enacted 1y the General 4ssen6'
of the State Of Ohio That innkeeper in this Stat
who shall constantly have in his Inn iron safe or sui
ohI Yaul in q
money bak notes, jewelry, articles of gold and silve
manufacture precious stones and bullion and who sha
keep copy of this act printed by itself in large al
English type, AMI framed constantly and conspcuoasl
suspended in the Office bar room, saloon, reading sill
ting and parlor room of his Inn and also copy prne
by ITSELF in ordinary sized, plain English type, pose
, upon the inside OF the entrance door of every publ
sleeping of his Inn, shall be liable for the loss
any such article Aforesaid suffered by any guest unes
such guest shall have first offered 10 deliver such proI
erty by him to su,h Innkeeper custody in
iron safe, and such Inn keeper shall have refused Q
omitted to take it and deposit 1t In such safe for its
tody and to give such guest receipt therefor but
ry Inn keeper shall be liable for any loss Of the abov
enumerated articles by guest 10 his Inn, caused by tn
theft negligence OF the Inn keeper, of any of HI
servants anything to the contrary thereof in this act
withstanding
Sac g That If any nkeeper shall emberzle or cor
vert TO his use orfrau1uently take, make wit
secete with intent TO embezzle fraudulently cor
to his use, without the consent of his guest
money bank notes, jewelry, articles of gold or sve
manufacture, precious stones or uon delivered to sue
Inn keeper his guest for safe custody, he SHALL upo
ctoD, be punished in the manner prescribed by Ia
fer eioniousy stealing property Of the vace of the
ticle or articles so embezzled, taSen or secieted
SRc. 3. This act shall take effect from and after il
, passage RICHARD G. PARSONS,
4 Speaker of the House of Representatives.
RICHARD A. HARRISON,
March g. 1860 President pro TEN. OF the Senate,
MOD ACT
To amend ali act entitled can Act to amend the si
eenth section of act entitled act relating to III
organization of Courts of Justice and their power
and duties, passed February 10, 1852.
SECTION J. Belt enacted By the General assembly
tie State Of Ohio, That section of the above reel e
act lie amended SO IS to read as follows: Section J. The
in every instance where Judge of the Court Of Con
Pleas is or shall be interested in the event of
cause, proceeding, notion matter pending before tn
said court, In any county of his district when ther
shall not be quorum of the Judges of the DistriC
Court of any district, by of interest, aiday
Of either party to said cause, proceeding, motion,
matter pending his COUNSEL showing the fact of
interest shall be the duty of the Clerk Of said Cour
enter upon the docket thereof order directing ths
the papers and all matters belonging to said cause, me
ton, proceedng matter pending, in which said Judg
of the Court of Common Please of said district
IL in the district court shall be transmitted
the Clerk of the Court of county of of the adoir
ing Districts if in the Court Of Common Pleas then
the Clerk of the Court OF Common Pleas of adj onn
county of another subdivision, where practicable of h
district, where not, then to adjoining county
another district and when copy Of said entry, ogethe
with all the files belonging to said cause, notion pre-
ceedng matter pending shall be filed with the cler
of the court to whom the may be transmitted, sal
clerk shall docket said cause, motion, proceeding,
matter lending, and tbereupon the same shall procee
to final judgment Of determination in all respects
though the same had been originally commenced in sal
court last mentioned
SEC. g. Section one Of an act to amend the sxteent
section of entitled Gan act relating to the organ
cation of Courts Of Justice and their powers and duties,
passed February 49, 1882 be and the is hereby
pealed. This act shall take effect from and after il
passage. RICHARD O. PARSONS,
Speaker Of the House of Representatives.
ROBERT O. KIRK,
January IS, 1860, President of the Senate.
mo. S. AN ACT
Amending section Two of act entitled San Act ful
ther defining the Duties Of SheriGs and Coroners,
passed March ], 1898.
sE TtoN ]. Be d enacted By tie General Assem6l
of the Stats of Ohio, That section two of the above
ted act be amended to read as follows: Section
That there shall be kept in the office Of the Sheriff
each county of this State, foreign execution docket
be furnished at the cost of the county In which docke
fHaQ Qtn.f0 bali htfnO n