Appeals su addition to their duties as viewers, also at the same time assess and determine the damages sustained by any person, through whose premises any road is proposed to be established, in all respects as required by the sixth section of the act to which this is an amendment; and such viewers shall, in addition to their report as viewers, also at the same time return such assessment of damages, and perform the same duties required of such appraisers; Provided, that such viewers shall assess damages, if any arise under the provisions of the sixth section of said act, whether any claim for damages is made or not. SEC. 2. That all appeals to the court of common pleas under the seventeenth section of the act to which this is an amendment, be, and the same are hereby superseded, and perseded, & that when notice shall be given, and bond filed for an appeal, as required by said section, the appellant shall, within ten days thereafter, file a transcript of the proceedings before the commissioners, with any justice of the peace of the township in which the premises claimed to be damaged are situated, in whole or in part. Justice shall issue writ of summons. SEC. 3. That such justice shall issue a writ of summons sha upon such transcript, against the obligors in the bond filed under the sixteenth section of the act to which this an amendment, and the various acts amendatory thereof, which writ shall be served and returned as other writs of like character; and in such suits the appellant shall be plaintiff, and the said obligors defendants. Provision for jury, &c. Commissioners may establish a part of a road, &c. SEC. 4. That upon a return of service upon such writ, the justice shall issue a venire for a jury of six disinterested citizens of the county, and the same proceedings shall be had thereon that are now, or may be hereafter provided, in cases of jury trials before justices of the peace, by the act of February 14, 1840, and the various acts amendatory thereof; Provided, that such justice and jury shall examine personally the line of the proposed road, where it passes through the premises in controversy; and provided further, that the decision of such justice and jury shall be final, unless removed to the court of common pleas by certiorari, as in other cases. SEC. 5. It shall be lawful for the county commissioners, if in their opinion a part only of said road will be of public utility, to record and establish such useful part and reject the residue, in case it be capable of division. SEC. 6. That all laws and parts of laws inconsistent or conflicting with the provisions of this act, be, and the same are hereby repealed. JOHN F. MORSE, Speaker of the House of Representatives. March 25, 1851. AN ACT Requiring compenbâtion for causing death by wrongful act, neglect or default. SEC. 1. Be it enacted by the General Assembly of the State of Damages reOhio, That whenever the death of a person shall be caused coverable for causing death, by wrongful act, neglect or default; and the act, neglect or &c. default is such as would (if death had not ensued,) have entitled the party injured to maintain an action and recover damages, in respect thereof; then, and in every such case, the person whf, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, nothstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to murder in the first or second degree, or manslaughter. SEC. 2. Every such action shall be brought by and in the name of the personal representatives of such deceased persons; and the amount recovered in every such action, shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin in the proportions provided by law in relation to the distribution of personal estates, left by persons dying intestate; and in every such action, the jury may give such damages as they shall deem fair and just, not exceeding five thousand dollars, with reference to the pecuniary injury resulting from such death to the wife and next of kin to such deceased person; Provided, that every such action shall be commenced within two years after the death of such deceased person. JOHN F. MORSE, Speaker of the House of Representatives. Who shall bring action. March 25, 1851. Speaker of the Senate. AN ACT To amend an act entitled an act for the government of the Ohio Lunatic Asylum, and for the care of idiots and the insane, passed March 19, 1850. SEC. 1. Be it enacted by the General Assembly of the State of Parts of formOhio, To [that] so much of the first section of said act as creates er act repealed the office of President of the Board of Directors, and so much of the third section as declares the duty, power and compensation for services of said President, be, and the same is hereby repealed. All patients hereafter to be considered t SEC. 2. All persons which under the provisions of the ac to which this is an amendment have been or may hereafter State patients be admitted into the Lunatic Asylum, shall be maintained therein at the expense of the State, as State patients, and all parts of said act inconsistent with the provisions of this act are hereby repealed. JOHN F. MORSE, March 4, 1851. Speaker of the Senate. Vacancies to AN ACT To provide for filling vacancies in the offices of Attorney General, member of the Board of Public Works, and other State officers made elective by the peo ple. SEC. 1. Be it enacted by the General Assembly of the State of be filled by the Ohio, That whenever the offices of Attorney General, memlegislature or ber of the Board of Public Works, or any other State office Governor. When to be tion. that is or may be elective by the people, shall become vacant during the session of the General Assembly, such vacancy shall be filled by joint ballot of the Legislature, and when the Legislature shall omit, during its session, to fill such vacancy, or when such vacancy shall occur during the recess of the General Assembly, the same shall be filled by appointment of the Governor; and the person so elected by the Legislature, or appointed by the Governor, shall hold such office until his successor shall be elected and qualified, as provided by law. SEC. 2. That when any vacancy contemplated by the filled by elec- preceding section, shall occur thirty days previous to any general election, the same shall be filled at the first general election after the happening of such vacancy: and in all other cases such vacancy shall be filled at the next succeeding general election. March 24, 1851. JOHN F. MORSE, Speaker of the House of Representatives. Speaker of the Senate. AN ACT To prevent the laying out of Roads, Streets or Alleys, through the grounds belonging to the Public Benevolent Institutions of the State. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the Commissioners of Franklin County, or the City Council of the City of Columbus, shall not lay out or establish any road, street or alley, through any of the grounds belonging to the Public Institutions of the State of Ohio. JOHN F. MORSE, March 25, 1851 Speaker of the Senate. AN ACT To repeal "the act to encourage the killing of wolves," passed February 9, 1831, and the act amendatory thereto. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the act to encourage the killing of wolves, passed February ninth, eighteen hundred and thirty-one, and the act amendatory thereto, passed March seventh, eighteen hundred and thirty-five, be, and the same are hereby repealed. JOHN F. MORSE, Speaker of the House of Representatives. Speaker of the Senate. March 25, 1851. AN ACT To provide further for the payment of the expenses of the Constitutional Convention. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the additional sum of forty-five thousand dollars is hereby appropriated for the payment of the members and officers of the Convention for the revision of the Constitution of this State, and for the payment of the necessary expenses of said Convention. JOHN F. MORSE, Speaker of the Senate. March 3, 1851. AN ACT To provide for publishing the new Constitution. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the County Auditors, in the several counties in this State be, and they are hereby required to cause to be published in their respective counties, for one week, a correct copy of the new Constitution, in every weekly newspaper published and in general circulation in such county, before the first day of May next, at a rate not exceeding the price paid for publishing the general laws, to be paid out of the State Treasury on the order of the Auditor of State. JOHN F. MORSE, Speaker of the House of Representatives. March 21, 1851. Speaker of the Senate. AN ACT To amend an act entitled "An act to authorize the formation of Gas Light Companics," passed January 17, 1851. SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the Municipal authorities of any city, town or village, in which any Gaslight Company shall be organized under the act of which this is an amendment, are hereby authorized to grant to such company the privilege of laying down conductors for conducting gas through the streets, lanes, alleys and public places of said city, town or village, for such time and under such regulations as they may prescribe; and may contract, by ordinance or otherwise, with said company, for lighting, by gas, of any street, lane, alley and public place, in such city, town or village, on such terms and for such time as may be agreed on between them and said company, any law to the contrary notwithstanding. JOHN F. MORSE, Speaker of the House of Representatives. March 21, 1851. |