davidaulloa/AmericanStories huggingface dataset:
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
AN ACT

mo. 26 AN ACT
10 amend section thee hundred and thir-
terll of the ACl to establish CJde of
Civil Procedure.
Section |. Be il eaaclcd BY hs GsneruI
Assembly t the StatG Of Ohio That Section
three hundred and lhntnen ot The act entl-
tied IAN Act 10 establish Cole OF Civil
Procedure" be so amended as to read as
follows: Section 3l3. No party s. all be
allowed to testify by virtue ol section three
hundred and ten, when the adverse party is
the guardian of an idiot, or a luuatic, or OF "a
deal and dumb rersDn, or the executor or ad-
miGisrdtOr oil a deceased person, or the guar
didG Of child or children ot deceased
person, when the lacts 10 be proved trans
pired before the death OF such d'ce eased per-
sons except in suits upon contract, which
shall have been ente,ei INTO by deceased
persnns, by agents, il which cases, il the
agent be witness, the opposite party may
testify as tO all that trans ired b-tween such
party aud the agent in relati, n to such con
tract aud the m king of the sdne; except
my also, cases where tue claim or de ,ense
is icun led on book acconn then tie parry
shah he permitted to testify that the entries
are in his handwriting that the book con.
taing the same is his book oil original entries,
and il the original entries in said book OF
accounts have been made 10y a person who,
al The time of such trial, is deceased, or
person who is nonresident
OF tie State, on proof OF suth decease or
and that said entries are in
the handwriting Of such person, or such
proof by the party as heleinbefore provided,
then it shall be competent to admit said book
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
mo. ISL.
AN ACT

Supplementary to an act to provide for com
pensaton TO the owners of Private Prop
erty appropriated 10 the use CT Cu!pora-
tions, passed April 30, 1852.
SECTION |. Be it enacted by the General
Assembly Of The StGle Of Ob;o That whenev-
crit becomes necessary foi Two or more raj :
roads to cross any of the rayigabIe waters OF
this State at or near the same point by draw
or swing bridge said roads SHALL if practica.
bic, use one and the same bridge and ap-
prOaches thereto; and in case the companies
owning or controlling, and those desiring 10
use such bridge and approaches, cannot agree
upon tie terms and regulations upon which
said bridge shall be used as above, then the
right to use any bridge aud spprodch's, or
other similar structure aheady consrucsed
by railroad company for its own use. may
be appropriated BY any Other railroad conl-
pany. TO be eujoyed in common with the COM
pany owning the same, in accordance with
the provisions of the law in force authorizing
the appropriation olprivate property 10 tIIe
use OF corporations.
Sec. 2. The statement required to b. fllel
containinga specific description of the tight :
sOug ght to be appropriated in such cases shall,
as near as may be, set forth tie regulations
according TO which the joint use OF saitl
bridge and approaches, or other structure,
shall be regulated; and in case the reasona-
bleness OF the same or any pat thereof sha Il
be denied by the deIendDlt in said proceed
ings, the court snail hear aud determine the
said issue, and entel on record its fiuding and
order thereon, confirming or altering siid
regulations as it may deem just aud re lsona.
Bile, subject 10 exceptions and reversal iur e
pl tile ,Courl OF Common Pleas on peti-
tion fled lor that purpose; aud the order oI
tn. court fixing said regulations shall be
made before the jury are empaRneed 10 as.
srss the amount oi cOmpenGatlon Tor the right
sought tj be appropriated, which compensa.
lion snail be sum equal to the annual val
ue oI such use, To be paid quarterly each
yeSr, in advance, while the same shall con-
tinue.
Soc. 8. This act shall take effectand be in
force from and dlterits passage. a.
RlChARD c. PARSONS,
Speaker of the Huu% OF Representa-. yes.
ROBERT G. KIRK,
President oil the Senate.
February 10, 1860.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
AN ACT
| No. IA.


Supplementary 10 the act 10 give additonal
security to Linl ! i les in this SIT. pass.
81 NJ rch "a 1859.
SECIIoN !. Be il eHocied by H. GenerGl
Assembly 9 Me State Of Ohio, Thot wheG-
ey.r ouy derd, mortgage ease or other in
strumrnt Of wiring intended to convey or Ell
cumber any real estate, or any interest there
in. heretofore or hereafter executed, may not
have been or shall not be printed or Written
OIL a single Sheet Of whenever he c3rtifca le
Of acknowledgment thereof may not have
been Or shall not be printed or written on the
same sheet on which said deed mortgage,
lease, or other instrument of writing NAV be
printed or written, and such defective con-
veyance shall be corrected by the Judgment
Of a court, or by the voluntary act Of the par
ties thereto, such Judgment, or the inslru-
ment correcting the same, shall relate back
50 as 10 take effect at and be opc rative from
the time Of filing the original conveyance in
the Recorders Office.
Section 2, This act shall take effect upon
its passage. -.-.
RICHARD c. PARSONS,
Speaker of the House Of Representatives.
ROBERT G. KIRK,
President Of the Senate.
February 10, 1860.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
LAWS OF OHIO:
PUBLISHED BY AUTHORITY.
mo. 81 AN ACT

kNO' %. nv AZ
To amend Section 490 of an Act entitled
"An Act to establish Code of Civil Pro.
cedure,' passed March IL, 1858.
Section l. Be IL nenactsd by the General
Assembly Of the State Of Ohio, That Section
400 ofthe acl entitled an act to establish a
code of civil procedure, passed March 3. 1853,
as heretofore amended, be now so amended
es to read as follows: Section 400 Such
judgment, if the transcript shall be filed in
term time, shal have lien on the real estate
OF the judgment debtor from the day Of filing;
II tiled in vacation, as against the debtor, it
shall have lien from the day of filing; but
as against other transcripts filed in vacation,
and judgments rendered at the next term of
the Court Of Common Pleas, it shall have a
lien only from the first day of the next term Of
said Court;and ony judgment Of which trans
cript has been filed as aforesaid, whaleyer
may be the amount thereof. which shall have
heretofore or which may hereafter become
dormant by reason of the death Of either of
the parties thereto, or from any other cause
may be revived by the Cour. of Common
Pleas OF the county in which the transcript
has been or may BE- filed, in like manner as
dormant judgments rendered by such Cour,
may be revived; and the revivor ther eof sha
have the same force and effect as the revivo
OF judgment rendered by the Court of Com
mon Pleas.
RICHARD g. PARSONS,
Speaker Of the House of Representatives.
ROB RTC. KIRK,
President Of the Senate.
January 25, 1860.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26

September session, the C mmissioners sl,al,
examine and compare the accoun'S AMI
vouchers of the County Auditor and Treas
urer, count the funds in the treasury and d.
rect the Auditor to publish an exhibit Of the
receipts and expenditures for the past year
Sec. 2. That original section ten of sal
act be and the same is hereby rep ,lad This
act TO take effect All be in force II m and
after its passage.
RICHARD C. PARSONS,
Speaker Of the House Of Representatives,.
ROBERT C. KIRK.
President OF the Senate.
February 8, 1850.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26

OF gInal entries as rvldrne. thr .., >, to
b. Liven 10 such eyiden,r la either sse,
'"wrNer, being lett to The Court or jur' to
de'trn ihe; and ia all actions by or against a
surviving partner or partners, or a surviving
JOINT contractor or cOGtnctors, any party 10
he action sha j he incom ieirnt as a witness
10 les lily TO transactions which took placr
with, or declarations NJ admissions male b,
tn deceased partner or "inl ronlrrgpr -
in the absence ofhis surviving partner or joint
contractor The deposition Of party shall not
he used nhis own behalf, unless the legGl no.
tice required in the cases where depositions are
to be taken shall also specify that the deposit
tiun In h taken is that Of the patty; ovi-
lied, that ifthe deposition OF party be aken
in any pending suit, and such patty shal die
before the trial thereof, /. shall be awful for
the opposite party to testify a. 70 ell mat
ters CONTAINED in ssd deposition.
Src. 9. This act 10 take effect from
and after it, passage; and section 3l3 of the
"Act roestabli,h Code of Civil Procedure" !"
as amended by The act OF Apil l2, 1858, is
hereby repealed.
RICHARD G. PARSONS,
Speaker of the House o! Representatives.
RICHARD A. HARRISON,
President pro tenn. OF ;he Senate,
March 8, 1860.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
RICHARD c. PARSONS,
PresldenI Ut The SeU
Passed March 26, 1860.
mo. &c I AN ACT

mo. &c ANA
Supplementary to Fan Act relating to Ju-
rIes,' passed February 8, 1881.
SECTION |. Be ii enacted bg the General
Assembly The State Of Ohio That whenev-
er, from any cause, tie number of Petit ju-
rors in attendance upon the Court OF Com.
mon Pleas Of any county in this State, at any
tim" duringa term OF such court, shall be less
than lwe,ve, it shall be lawful for the court
10 raQ;e to BE- issued a special venire .ucias
containing as manv names OF discreet and
suitable persons. having the qualifications Of
electors and selected by the court as said
court may deem necessary to compile lie tn
panel of petit jurors, aud the jurors SO added
to complete said panel shall, Tor the remain
dcru the term constitute part Of The panel
in the sane manner as il they hid / cen urigi-
" summoned thereon, aud sha b. entitled
t, same eXem tions iOm urth-r service
IN Jht same ear, andto the SANE lees Us are
now allowed 10 peut jurors BY law.
Sec 2. This act shall take effect aud b.
in lorrr from aud al er it, passage.
RICHARD Z PARSONS,
Speaker ol the House OF Representatives,.
RCBkRT Z. KIRK.
Presdento Of the Senate.
Passed March %, 1860.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
mo, l2.l AN ACT

mo. l2.l AN ACT
Supplementary to the act entitled nAn Act
to provide for the reorganization, super
vision and m intenance of Common
Schools, "passed March l, 1853.
SECTION /. Be il enacted by The General
Assembly Of The s uie of Ohio, That il shall
be lawful for any Board of Education, organ
iged under the act passed March /, 1853, en-.
titled AN Act to provide ,or the re organi-
zation, supervision, end maintenance Of Com
mon Schools or organized Under the act
passed February 81, lS49, entitled AN Act
for the better regulation Of the Public
Schools in cities, Towns &c.," in every case
where II may be necessary TO procure a
school house site, and the said Board of Ed.
ucation aad the owner thereof shall be una.
bic, from any cause, to agree upon the sale
and the purchase thereof, To make ou' an &C
curate survey and description of the parcel
OF land which the sid Board Of Education
may desire to appropriate Tor school house
purposes, and file the same with the Probate
Judge oI the proper county, aud thereupon
The same proceedings of appropriation shall
be had which are pDvidrd for BY the act Ell.
titled IAN Act to provide for Compensation
to the owners OF private property sppropra-
ted to the Use Of corpora, IONS" passed April
~ lo52 aud tie vatous acts amendatory
adA supplementary thereto.
Sec.2. This act shall take effect upon its
pa 'sase.
RICHARD G. PARSONS.
Speaker Of the House of Representatives,.
ROBERT C. KIRK,
President OF the Senate.
February 10, 1860
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
mo. ALL
AN ACT

No. al. AN ACT
10 amend section twenty-One OF an Act en-
titled ian Act 10 further provide for tn,
better regulation Of the receipt, dis5ursa
ment, ami safe. keeping of the public reve
nue., passed April H. 1858
SECTION /. BE ii enacted by the Generq
Assembly, of The Slate of Ohio, That section
twenty one of an aCr entitled ian act to
further provide Tor the better regulation OF
the receipt, disbursement, and sale-keeping
of the public revenue. passed April %, 1858,
be amended So as to read as fellows: Sec,
tion 81. The Treasurer OF State shall, IRE
vious 10 enterng upon The duties of his Office,
give bond, with twelve or more securities,
10 the aCcep ance nf the Governor. in the
sum nf six huudred thousand dollars. pivabl,
to the Stale o Ohio, aud conditioned Tor the
TAI ithluI performance OF the duties of his Of.
flee. IS pres yrbed by law. and as shall lie
provided by law hereafter: and the said
6olld, with The oath Of off e plainly written
out thereon, and subscribed by the Treasurer,
sha be dep ,sltel with and recorded b, The
Secretary Il State, before rhe Treasurer h II
lave the rghl to exercise any function Of. his
Office hale' er; aIll the General Assembly
or the Governor, may, at any time during
the continuance in office of the Treasurer,
require him to give such additional security
as they, or either of them, shall deem neces.
Sary, for the complete indemnity oil the
Slate; and after ten days from the demand
OF such additional security, il it be not com
piled with 10 the salts faction VI the Genera
Assembly, or the Governor, as the case max
b., then the Office of the Treasurer shall bt
held 10 be vacant, and the Governor shall
proceed by his own motion 10 appoint q
Treasurer instead OF the incumbent; which
bsuccessur so appointed, on giving bond anC
security, aud taking The oath Of office. a:
the Treasurer of State is herein required tc
do, shall have and possess al. the powers arc
functions, and be subject to all the duties
and liabilities of duly elected Treasurer o
State; and shall hold his office until his sue
cessor is duly elected aud qualified.
Sec. 3. Original section lwenty-one oil
said act Of April u. 1858 ishereby repealed
provided, the repeal hereof shall in no man
ner affect The validity or efiec! of any bono
Of any Treasurer of this State heretofore exr.
cuted; and all rights and liabilities which
have heretofore or which may hereafter ac'
rrue upon any such b'nd shall not be in ANY
wise affected by said repeal. r-'g
Sec. 8. This act shall take effect upcu
its passage. o.
RICHARD C. PARSONS,
Speaker of the House of Representatives.
ROB ERT C. KIRK,
President 0f the Senate.
Passed March 10, 1860. t-I
mo. 43. AN ACT
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26

the establishment of Poor Houses" passed
March s. 1891, be so amended as 10 read a 5
follows: That the Board Of Direc ors shall
appoint Superintendent, who Il e
in some apartment Of the frmary, ot othe
building contiguous thereto; and shall re-
Ceive such compensation for his ,prvicrs,
perform such duties, and give such SECURITY
for their faithful performance a lIle Board
shall judge proper; he shall be -oyr,ned, IN
all respects, by the rules anu -ula'icns Il I
the Board, and may tie removrd by them al
pleasure, but in no case sha!l the Directors
appon. one of their own number Such super
intendent nor shall any director be eligible
TO hold any other Office, directly or indirect
Iy, in the infirmUry, c, receive any. compen-
sation whatever. as physician, lheg directly
or indirectly, wherein the appointing power
is vested in the Board of Directors by this
act, or the acts amendaiory Of this act; nor
shall the superintendent thus appoin,ei no d
any other post in The lnfi mary. The Su-
peEmtendent may require all persons receiv
i to the lnfirmary, 10 perform ,uchrta.oo
able and moderate labor as may be suite to
their ages and bodily strength, the proce, DIS
o. which shall be appropriated 10 the us. t
the Institution in such manner as the Boar
of Directors may point out. The Supern-
tendent shall receive into the Inf smary an,
person who shall produce to him such an or.
der or voucheras is hereinafter required; and
he shall enter in book to be provide Dy him
and kept Tor that purpose, the name and age
as near rs may be. of every person So ,eCeH
ed into the Infrmary, together with thr day
on which such person was received and dis.
missed. ...
Sec, .. That original section four in the
above recled act be and the same is hereby
repealed.
Sec. 8. This act shall take effect and be
in force from and after It's passage.
RICHARD C PARSONS,
Speaker Of the House Of Representatives.
RICHARD A. HARRISON,
President pro TEN. Of the Senate.
March g. 1860. $40 Dee 90
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
AN ACT

No. %. AN ACT
Limiting he Fees Of County TreasurerS in
certiin cases.
SECTION |. Be ii eracisd by The General
Assembly Of the Stale Of Ohio, That no
County Treasurer shall be entitled to ANY
per centage, commission, or fee, on moneys
received by him from the Tredsurer OF ate,
anything in any law 10 the contrary nolwi,h-
Standing.
Sec. = This act shall take effect aud he
in force from and alter its passage.
RICHARD Z. PARSONS,
Speaker Of The House of Representatives..
RICH ARD A. HARRISON,
President pro tenn. Of the Senate,
March 3, 1860. go
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
No. %. AN ACT
TO Regulate the Responsibility of Inn-
Nee, erS,
AN ACT

mo. %, AN ACT
TO Regulate the Responsibility Of Inn-
keei erS.
SECTION |. Be At en- ,ctd 6y the General
.iSsembIy9 the STATE Of Ohio. That no inn-
keeper IN this State, who shall constantly
have IN his Inn an iron safe. or suitable vault
in good order and fit for the sale custody of
money, bank notes, jewe!ry. articles of gold
and silver manufacture, precious stones and
bullion, and who shall keepa copy Of this
act, printed By itself in large plain English
type, and framed, constantly and cunspicu-
ously suspended in the office. bar room, sa
loon, reading sitting and parlor room OF his
Inn, and also copy, printed by itself, in or
dlndry sized, plain English type, posted upon
the inside of the entrance door o! every pub
lie sleeping room of his Inn, shall be liable
for the loss Of any such articles aforesaid
suffered by any guest, unless such guest shall
have first offered to deliver such property los I
b, him 10 such lnn-keeper for custody in
such iron safe, aud such lnn-keeuer shall
Iiavr refused Or omitted TO take it and DEPOSIT
II IL such sale Tor its custody and to give
such guest receipt therefor; but every Inn.
keeper shall be liable for any loss of The
above enumerated articles by a guest in his
Inn, caused by the theft or negligence of the
lnn.keeper, or OF any OF his servants, any.
thing to the contrary thereof in this act not
mithstaniing.
Sec.2 That il any Inn-keeper shall am
bezzle, or convert to bis o@rftlse or fraullu
!ently take, make way with or secrete viii
intent to embezzle or lrauLuleuly convert I,
his own use, without the consent of hi
guest, any money, bank notes, i4welry, arti
cles OF gold Of silver mauulacture. prtcion,
stones or bullion delivered 10 such Inn-keep
er by his guest for sale custody, he shall
upon CONVICTION, be punished in the manner
eScrloed by law for fdloniousIy stealing
p operty of the value OF the urticla o. or'i
cIes 50 embezzled, taken or secreed
Sec. g. This act shall take effect from
and after its passage.
RICHARD C. PARSONS,
Speaker of the House of Representatives..
RICHARD A. HARRISON,
President pro tenn. Of the Senate.
March 8, 1860.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
AN ACT

No. lOS AN ACT
To amend an act EMIT te can Act for the
prole' tioA R ilro ds, passed March 2S,
iS4J.
SETON /. BE ii enacted by The Gnsrul
Assembly Of the Sla,e Of Otio. That section
one 0i said act be 81 umendel as TO read a,
follows: Section |. That every person
who shall wil(ulIy ami ma iously remove.
brelk disphce, throw dowi, destroy, or in
an. manner ihjue any iloa, wooden or other
rail, or any branches or branch ways, or any
part uI the racks, or any Dri &c, yiaIuct ,cul.
vert, tresile-wOrk, embankmeut, pdrapet Or
other fixture, or any part thereof attached to
or connected with such tracks OF any rail
road in this state now IA operation, Or which
shall hereafter be put in operation, or who
shal wlluliy and malicousy place any OBJ
strucion upon the rails or tracks OF any such
railroad, shall, on conviction thereof, be
punished by imprisonment in the penitenta.
ry not less than one nor more twenty years;
provided, however, that if any. person shall,
by the commission Of either of The aforesaid
uflenses, occasion the death of any person or
persons, the person SO offending shall be
deemed guilty Of murder in the fist OF sec
ond degree, or manslaugl!ter, according to
the nature OF the oi1ense, and un conviction
thereof shall be punished as in other cases
Sec. 2. Said original section one is hereby
repe 'Ied; providei, however, thatali onensrs
against aud violations uc SAID section So re.
pealed, " hich have been heret0Iurs commit
ted, shall be prosecuted and punished accord.
ing TO the provisions thereof, as fully as il
said section had not been repealed.
Sec. 3. Shis act sha be in force from anC
afler its passage ........
RICHARD G. PARSONS,
Speaker Of the House e Representatives
ROBERT Z. KIRK,
Presiden Of he Senate.
Passed March 26, 1860.
M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-04-26
January 25, 1860.
AN ACT

i NO. b. AIN All
Amending section Two Of an act entitled
"An Act further defining the Duties Of
Sheriffs and Coroners,' passed March /,
1888.
SECTION /. BE ii enacted by the General
Assembly of the State of Ohio. That section
two Of the above recited act be so amended
as to read as follows: Section2 2. That there
shall be kept in the Office OF the Sheriff Of
each county Of this State. foreign execu.
ton docket, to be furnished at the cost OF the
county, IN which docket the Sheriff or Cor
,oner shall, on the receipt by him of any ex-
.ecution, order OF sale, or other process issu-
ing from any court of any county of this
State, other than that in which he resides,
make an entry OF the date of such writ, W ion
received by him, from what cour and county
issued the date and amount ofjudgment or d,
cree. Also copy in such book the full descrip.
ton ofthe property and real estate which he
shall levy upon or offer Tor sale, the sameas is
endorsed upon or contained i'll said writ AlsC
COPY into said book his return Oh such writ
when he makes the same, including the bill
of costs; and shall, for the use OF the persons
entitled 10 the same, retain oil fees due in
such cases to residents This county, aud pay
the same on demand 10 such persons, and
shall make direct and reverse index ofeacf
case so entered; and srch entries so made
shall be notice to subsequent purchasers and
creditors of the matters contained therein.
Sec.2. That said original SECTION two c
and is hereby repealed.
Sec. 3. This act 10 take effect and be il
force from and after its passage.
~. RICHARD C. PARSONS,
Speaker Of the House of Representatives.
5, I ROBERT C. KIRK,
80. President of the Senate.
January as, 1860. -. i1,