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Warren County Local History by Dallas Bogan

The Statutes Of Ohio

Dallas Bogan on 3 August 2004
original article by Dallas Bogan
Return to Index to see a list of other articles by Dallas Bogan

Compiled into a very informative book was the "Statutes of Ohio," from which the writer shall draw from this week. It was organized by S. Madray in 1841 and contains the laws of the State during this era.

"Mills and Millers"

In the "Mills and Millers" section the law stated that the owner or occupier of all grist mills within the state were entitled for their labor up to one-tenth part of all wheat, rye, or other grain, ground and bolted; one-twelfth part of all rye, malt, buckwheat, ground or chopped only; and one-eighth part of all corn, ground in each mill. If any owner or occupier of any mill was found to overcharge for labor a settlement issued through the courts was a fine not to exceed $20, one-half to go to the township and the other half to the person prosecuting. Each owner or occupier of every mill was to be accountable for the safe keeping of all grain received, except the loss of any grain by robbery, fire or other accidents, or by any employee's negligence. (Act passed February 14, 1824.)


An act was passed and took effect January 11, 1811, stating in effect that it was unlawful for any man who was lawfully married and renounced the marriage covenant for purposes of joining himself into any sect, whose rules and doctrines require a renunciation of the marriage covenant, and whose rules forbid a man and woman to dwell and live together. The wife was to file her case within two months before the time of the sitting of the court. A notice was placed in a newspaper of the account.
If children were involved in the marriage the husband was considered to have renounced himself of all authority he would have otherwise exercised over his children. The court would decree such part of the remainder of his property, real or personal, for the use and support of the children, each one remaining in the care and direction of the mother. The court was to have power to appoint a guardian or guardians for such children, if needed. Penalty for enticing the husband to join certain sects and renounce the marriage covenant was, if convicted, a fine not exceeding $500, all at the discretion of the court. [click here to go to the actual statute]


If any ram was found to be running loose out of the confines of its owner, between the last day of June and the first day of November, it was lawful for any householder to withhold the ram. But if the householder knew the owner and his circumstances, he was to receive fifty cents from the owner for its founding, but, if the owner refused to pay, the ram reverted to the householder. If said occurrence happened repeatedly, the same circumstances took place. (Act passed and adopted January 13, 1829.)


An act providing for the safety of stage passengers was passed January 30, 1827. This act said in effect that it was unlawful for the driver of any stagecoach or stage wagon, used for the conveyance of passengers, to pass another such vehicle, nor to run his horses to prevent being passed. The driver was not to leave the horses attached to any such vehicle while the passengers were on board, without first fastening his horses to a permanent standing, or placing the reins in the hands of some other suitable person. If the driver offended the law he was to forfeit and pay, for every offense, a sum of not less than $5, nor more than $20. Owner or owners of such vehicles were made jointly liable for the amount of any judgment recovered. If any owner voluntarily paid for the judgment, he had a right to collect the unpaid amount from the driver, with interest.


An act stating that if any person shall willfully destroy any part of the railroad, which included tracks, bridges, viaducts, culverts, embankment, parapet, or other fixtures associated with said railroad, or should maliciously place any obstruction upon the rails or tracks, would, upon conviction, be sent to the penitentiary, not exceeding three years, nor less than one year. If death should occur to any person while in the offense of this malicious act, the person would be deemed guilty of murder and punishment would be prosecuted by law. If anyone were to drive any wagon, carriage, cart, coach, or other two or four-wheeled vehicles, on or between the rails or tracks, or on or along the graded roadway of such road without the knowledge and consent of the company, a fine of not less than $5 nor more than $25 would be levied. (Act passed March 20, 1840.)


If any person should willfully deface, obliterate or destroy the letters, figures or other characters, on any painted, written or printed list of the toll rates for the information of the passengers and others, the guilty person was to pay to the owner, or owners of the toll bridge, the sum not exceeding fifteen dollars, nor less than five dollars. If any person were to ride or drive over any such bridge faster than a walk, this person would forfeit and pay to the owner or owners of the bridge a sum not exceeding five nor less than one dollar. Each owner was required to install a sign at each end of the bridge to this effect. If a number of cattle or horses were driven over said bridge, in greater numbers that was permitted, the offender was to pay a sum not exceeding $20. Destroying bridges, altering or removing landmarks, maliciously demolish, cut down any private, public, or toll bridge; cut, fell, deface, alter or remove any landmark, corner or bearing tree, properly established; the offender would be fined in any sum not exceeding $500, or imprisoned in the jail of the county, and to be fed on bread and water only, not to exceed 30 days, or both, at the discretion of the court. (Act passed February 11, 1824.)


A tavern license was obtained from the common pleas of the proper county. The owner was to place in writing the location where the tavern was to be located, and was to give within twenty days proper advertisement of this location. The license was to be issued to each applicant for the term of one year. Also, the dwelling of the tavern was to be located for the convenience of the public, and the tavern keeper was to be of a good moral character. Price of the license was to be not more than $50, nor less than $5, per annum. If ten or more neighborhood citizens, in writing, protest the location of the tavern and its granting or renewal of a license, then the court was to decide the truth and validity of the facts stated in the remonstrance, and grant or refuse said license. Penalty for keeping a tavern, or retailing liquors without a license, was payment of a sum not exceeding $100, nor less than $5. Licenses to keep tavern without selling liquors, and proof that a tavern was needed was made in writing. Fees for this establishment was fixed at not less than $2, nor more than $20, per annum. The licensed tavern keeper was to restrict any kind of rioting, intoxication or drunkenness within their house or pay a sum not exceeding $100 nor less than $10. Tavern keepers must sell their liquors within the common bar of the premises, and if any keeper who should, either in the basement of the building or in any other room attached sell liquors by less quantity than one quart, he was subject to the same penalties as though he had no license. Sunday sales of liquors at any tavern was forbidden, except to travelers. A fine for this violation was not to exceed $5. When selling liquor, cider or beer within one mile of any religious meeting, such persons may be arrested and detained in custody, not exceeding six hours, and fined in any sum not exceeding $20. Selling liquor to Indians by any tavern keeper, grocery keeper, or any other persons, constituted a fine not exceeding $20. Licensed tavern keepers were not prohibited from selling a gill of liquor to traveling Indians. If any tavern keeper, grocery keeper or persons were found housing intoxicated Indians, such persons were required by law to pay a fine not exceeding $25, nor less than $5. (Most of the preceding was taken from an act passed March 31, 1831.)

FOOTNOTES: [a place to add additional information that you might want to submit]


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This page created 3 August 2004 and last updated 28 September, 2008
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