USA > Ohio > Shelby County > History of Shelby County, Ohio, and representative citizens > Part 10
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Journal; a copy of the Sentinel; a copy of the record of the three first ses- sions of the court of common pleas of Shelby county in 1819.
The following is a copy of the report of the first three courts in the county: The first court of common pleas for Shelby county met in the village of Hardin, in Turtle Creek township, on the 16th day of May, 1819: President, Judge Jos. H. Crane, of Dayton; Robert Houston, Samuel Mar- shal, William M. Cecil, associates; Harvey B. Foote, clerk. The term lasted only one day. The journal of the court mentions no one as sheriff. Henry Bacon, of Dayton, was appointed by the court as prosecuting attorney. The next term was held September 13 and 14, 1819, at same place, by the fore- going named judges and officers. The third term was held at the same place, beginning December 13, 1819, same judges and officers, and also Daniel V. Dingman as sheriff. At the close of the December term, 1819, the court ordered the next term to be held at the then newly situated county seat, viz., the village of Sidney, where the courts have all been held ever since.
The covering was then lowered to its place with appropriate ceremonies by Past Grand .Master of the State, A. H. Newcomb, and the ceremonies closed with prayer by Grand Chaplain O. Kennedy.
The oration was delivered from the stand erected by A. L. Mckinney, of Troy, and was a brilliant, eloquent address. The ceremonies closed about half-past four o'clock.
COMMISSIONERS' PROCEEDINGS AND COMMON PLEAS COURT MINUTES
These journals, replete with information touching the development and growth of the county, as well as the course of justice, are submitted in their entirety for the formative period, or first years of the organization. They will both be found to differ widely from the board and court records of to-day, and although lacking system will be found possessing breadth enough to embrace almost everything of a public nature. The two journals com- prised very largely the scope now embraced by the board of commission- ers, common pleas court, probate court, recorder's office, and sheriff's office. Possessing this comprehensiveness the records of the board and the court are reproduced for that period with a completeness which will show not only the business transacted, but also the methods of transaction.
COMMISSIONERS' JOURNAL
June 17, 1819. The board of commissioners for Shelby met at Hardin. Present, Robert McClure, William Berry, and John Wilson. David Henry is appointed clerk of the board, who appeared and took the oath of office.
Order No. I. Ordered that the county treasurer pay Samuel McClure for four days' service as lister for Loramie township for this year, $4.00.
Order No. 2. Ordered that the county treasurer pay Charles Botkin for his service as lister and appraiser of property, for Perry township and the fractional part of Essex township this year, $9.00.
Order No. 3. Ordered that the county treasurer pay John Francis for
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one day's service as clerk of election for Perry and fractional part of Essex township on the 5th of April last, $1.00.
Order No. 4. Ordered that the county treasurer pay Richard Defrees for six days' service as lister and appraiser of property for Turtle Creek township this year, $6.00.
Order No. 5. Ordered that the county treasurer pay John Francis for one day's service as clerk of election for Perry and fractional part of Essex township on Ist of May last, $1.00.
Order No. 6. Ordered that the county treasurer pay Peter Musselman for one day's service as judge of election for Perry and fractional part of Essex township on the Ist of May last, $1.00.
Order No. 7. Ordered that the county treasurer pay William Berry, Jr., for one day's service as judge of election, and one day's service taking returns to Hardin for Perry and fractional part of Essex township on the Ist of May last. $2.00.
Order No. 8. Ordered that the county treasurer pay George Berry for one day's service as appraiser of property for Perry and fractional part of Essex township for this year, $1.00.
Order No. 9. Ordered that the county treasurer pay David Henry for one day's service as clerk of election for Perry and fractional part of Essex township on the 6th of April last, $1.00.
James Lenox is appointed county treasurer, and appeared and gave bonds and took the oath of office according to law.
Samuel McClure, lister and appraiser of property in Loramie township, appeared and made return of his duplicate for said township.
Charles Botkin, lister and appraiser of property for Perry and frac- tional part of Essex township, appeared and made return of his duplicate for said township.
Archibald Defrees, lister and appraiser of property for Turtle Creek township, appeared and made return of his duplicate for said township.
Archibald Defrees is appointed collector of the tax for Shelby county at ten per cent on the county levy.
The board adjourned until the IIth instant.
Attest, D HENRY, Clerk.
ROBERT MCCLURE, WM. BERRY.
June 11. 1819. The board of commissioners met pursuant to adjourn- ment. Present : Robert McClure, William Berry, John Wilson, and David Henry, clerk.
Archibald Defrees, collector of Shelby county, appeared and gave bond with legal security, and took the oath of office.
On the petition of Alexander Jackson, Caleb Goble, Joseph Donaldson, Elisha Kirtland, and Jesse Jackson, accompanied with the consent of a majority of the inhabitants of town. I, range 7 east: Ordered that John Lenox, Philip Coleman, and Edward Jackson, taking to their assistance a skilful surveyor. two chainmen, and one blazer, proceed on Monday, the
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28th inst., to view and lay out into convenient lots (agreeable to the laws in such cases made and provided) the school section in township No. I, range 7 east, and carefully value the same, and make report of your pro- ceedings to the board of commissioners at their next meeting.
Adjourned until the 12th inst.
June 12, 1819. The board met agreeable to adjournment. Present : Robert McClure. William Berry, John Wilson, and David Henry, clerk.
Ordered that the county treasurer pay Abraham Davenport for one day's service as judge of election for Turtle Creek township on the Ist day of May last, $1.00.
Ordered that the county treasurer pay Jeremiah White for one day's service as judge of election for Turtle Creek township on the Ist day of May last, $1.00.
Ordered that the county treasurer pay Wmn. Herrald for one day's ser- vice as appraiser of property for Turtle Creek township this year, $1.00.
Ordered that the county treasurer pay Daniel Vandemark for one day's service as judge of election for Perry and fractional part of Essex township on the Ist of May last, $1.00.
Ordered that the county treasurer pay Harvey B. Foote for one day's service as clerk of election on the Ist of May last for Turtle Creek town- ship, $1.00.
Ordered that the county treasurer pay Samuel Stewart for one day's service as judge of election for Turtle Creek township on the Ist of May last, $1.00.
Ordered that all the fractional part of Essex township that falls in Shelby county be attached to and incorporated into Perry township. and is in future to be considered as composing a part of the said township of Perry.
The commissioners have made out the duplicate for the county levy. Ordered that the same be entered on their records.
Know all men by these presents that we, John Craig, Robert Aldrich, and John McClure, of Shelby county, are held and firmly bound unto Robert McClure, Wm. Berry, and John Wilson, commissioners of Shelby county, or their successors in office, in the sum of two thousand dollars, cur- rent money of the United States, to the payment of which we bind ourselves, our heirs, and assigns, jointly and severally, firmly by these presents ; sealed with our seal, and dated the 12th day of June, one thousand eight hundred and nineteen.
The condition of the above obligation is such that the above named John Craig shall faithfully discharge all the duties enjoined on him by law as coroner for the aforesaid Shelby county; then this obligation to be void and of no effect ; otherwise to remain in full force and virtue in law.
Given under our hand and seals the day and year above written.
JOHN CRAIG, [SEAL. ] ROBERT ALDRICH, [SEAL. ] JOHN MCCLURE. [SEAL. ]
Attest, D. HENRY, Clerk.
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Know all men by these presents that we, Daniel V. Dingman and James Dingman, of the county of Shelby and state of Ohio, are held and firmly bound unto Robert McClure, William Berry, and John Wilson, commis- sioners of Shelby county, and their successors in office, in the sum of four thousand dollars, lawful money, to the payment of which we bind ourselves, our heirs, and assigns, jointly and severally, firmly by these presents; sealed with our seals, and dated the 12th day of June, 1819.
The condition of the above obligation is such that whereas the above bound Daniel V. Dingman has been duly elected and commissioned sheriff for Shelby county; now if the said Daniel V. Dingman does well and truly collect, and pay over all moneys that the law makes it his duty to collect to the proper person to receive it, and perform all the duties of sheriff of said county faithfully ; then this obligation to be void and of no effect ; else to remain in full force and virtue.
DANIEL V. DINGMAN, [L. s] JAMES DINGMAN, [L. s]
Attest, D. HENRY, Clerk.
Adjourned till the 2d Monday in September next.
ROBERT MCCLURE, WM. BERRY, JOHN WILSON, Commissioners.
Hardin, Ohio, September 13, 1819. The board of commissioners met per adjournment. Present : Robert McClure, Win. Berry, John Wilson, and David Henry, clerk.
Alexander Jackson applied for a permanent lease for lot No. I of the school section in township I, range 7 east.
Jesse Jackson applied for a lease for lot No. 2 in said section.
Joseph Donaldson applied for a lease for lot No. 4 of same section.
Elisha Kirtland applied for a lease for lot No. 5 of same section.
John Manning applied for a lease for lot No. 6 in said section.
The report of the freeholders appointed the IIth of June last to lay out and appraise the school section in township I, range 7 east, is received and ordered to be recorded.
A petition of part of the inhabitants of Shelby county praying to vacate part of the county road through Turtle Creek township was read and laid over until the next meeting of the board.
It is ordered that Perry township be divided as follows: Running through the middle of the 13th range, and that the south part of said township be organized into a new township by the name of Orange, and that the election for township officers be held at the house of Wm. Minnear, on the 23d inst.
Ordered that David Henry have an order on the county treasurer for four days' service as clerk of the board, and $1.00 for extra service, in all. $10.00.
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Ordered that Robert McClure have an order for book and paper fur- nished, $3.621/2.
Ordered that David Henry have an order for one book for the clerk of commissioners, 50 cents.
Adjourned to the last Friday in October next.
ROBERT MCCLURE, JOHN WILSON, WM. BERRY, Commissioners.
Attest, D. HENRY, Clerk.
Hardin, October 39, 1819. The board of commissioners met as per adjournment. President : Robert McClure, Wm. Berry, Joseph Mellinger, and David Henry, clerk.
The board of commissioners proceeded to draw their allotments for their terms of service. Robert McClure is for one year, Wm. Berry for two years, and Joseph Mellinger for three years, who each took the several oaths required by law to qualify them for the duties of their said offices.
Cable Goble applied for a lease on lot No. 3 in the school section in town- ship I, range 7 east.
Ordered that John Francis, John Manning, James Lenox, Joseph Mel- linger. Conrad Pouches, Zebediah Richardson, Joseph Steinberger, Henry Hershaw, John Stevens, Archibald Defrees, Cephas Carey, Peter Mussel- man, John Bryan, R. Lenox, and Abraham Davenport each have $1.50 for services as grand jurors; and that George Carey, constable, have 75 cents for one day's service at last September term.
Ordered that Thomas Hurley, Wm. Cecil, Win. Berry, Nathan Cole- man, Jacob Wise, Alexander Miller, John Miller, Benjamin Blankinship, John Craig, Robert Aldrich, James Crossman, Elisha Kirkland each have 50 cents for services as petit jurors ; and that James Moore, constable, have 25 cents for attendance at one trial at last September term.
Ordered that John Manning have for one day's service as judge of elec- tion for Orange township, and one day for taking in the returns of the same at last October election, $2.00.
Ordered that John Hathaway, Jacob Lemasters, Rodham Talbot, judges, and Peter Musselman and George Morrison, clerks, each have $1.00, for judge and clerk's fees for one day's service at the last annual election for Perry township.
On petition of sundry inhabitants of township 7, range 6 east, it is ordered that Daniel Vandemark, John Stewart, and Robert Hurley, taking to their assistance a skilful surveyor, two chainmen, and one blazer, proceed, on the Ioth day of October next, to view and lay out into convenient lots- agreeable to law in that case made and provided-the school section in town- ship 7. range 6 east, and carefully value the same, and make report of your proceedings to the board of commissioners at their next meeting.
Ordered that Abraham Davenport have $1.00 for one day's service as judge of election October 12, for Turtle Creek township.
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Ordered that James Marshall for one day's service at May term and associate judge two days' service at September term, $9.00.
The board adjourned.
ROBERT MCCLURE, WM. BERRY, JOSEPH MELLINGER, Commissioners.
Attest, D. HENRY, Clerk.
Hardin, December 13, 1819. The board met. Present : Robert McClure, WVm. Berry, Joseph Mellinger, and David Henry, clerk.
Ordered that Harvey B. Foote have for one book for records and six quires of paper, $6.25.
That R. Bush have for one day's service as judge of election for Orange township on the 12th of October, 1819, $1.00.
That John Francis have for one day's service as clerk of the annual election for Orange township on the 12th of October last, $1.00.
That Wm. Minnear have for one day's service as clerk of last annual election for Orange township the 12th of October last, $1.00.
That Henry Bacon have for his service as prosecuting attorney at Sep- tember term. $15.00.
That Wm. Johnston, Jolin Francis, and Dan Dingeman proceed to view a part of the road from Dingmansburg on the division of Wapakoneta that leads through Rodham Talbot's land, as he wishes, and make report agree- able to law to the board at their next meeting.
Ordered that Abraham Cannon, John Lenox, and Daniel V. Dingman, together with Benjamin S. Cox, taking to their assistance two chainmen and one blazer, proceed on the 22d inst. to view and lay out a road as follows : Beginning on the state road from Piqua to Wapakoneta where it crosses Mill creek. in Turtle Creek township, running northwesterly to Abraham Cannon's, and make report of their proceedings to the next board of 'com- missioners.
James Barnett applied for a permanent lease on school section in town- ship 6, range 7 east, lot No. I. Lease made.
Henry L. Jackson applied for lot 3, same section. Granted.
Henry Jackson applied for lot 4, same section. Granted.
Jacob Jackson applied for lot 5, same section. Granted.
Joseph Porfuelts applied for lot 6, same section. Granted.
Adjourned till tomorrow.
December 14, 1819. Board met in full session.
Ordered that Peter Princehouse, John Medaris and Thaddeus Tuttle, together with Benjamin S. Cox, surveyor, taking with them two chairmen and one blazer proceed on the 29th inst. to view and lay out a road as follows: Beginning at or near the 5-mile-tree on the Mosquito creek road, thence to the county line on the east side of section 5, township 2, range 13, at the most proper point for a road to the seat of justice of Logan county. and make report of your proceedings to the next board of commissioners.
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The report of the board of viewers appointed by the last board of commissioners to view the school section in township 7, range 6 east, was received and ordered to be recorded.
Ordered that all that part of the county of Shelby situate north of a base line that crosses the Big Auglaize at or near the mouth of Hog creek. east and west, be incorporated into a separate township, to be known by the name of Auglaize, and that the electors of said township assemble at the house of Moses Rice on the first Monday in April, to elect township officers.
Ordered that Archibald Defrees have for his service as collector of the county levy for this year, $17.50.
Ordered that the next board meet at this place the first Monday in March. Adjourned.
ROREBT MCCLURE, WM. BERRY, JOSEPH MELLINGER.
Attest, D. HENRY, Clerk.
Sidney, February 1, 1820. The board met. Present : Wm. Berry, Joseph Mellinger, and David Henry. Clerk.
Know all men by these presents that we, Thomas W. Ruckman, John Lenox, Archibald Defrees, and Wm. Johnston, are held and firmly bound unto Robert McClure, Wm. Berry, and Joseph Mellinger, commissioners of Shelby county, and their successors in office, in the just sum of $4,000, lawful money of the United States, and for the true performance of which payment we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents, sealed with our seals and dated the 14th day of January, 1820.
The condition of the above obligation is such that whereas the above bound Thomas W. Ruckman has been duly elected and commissioned sheriff of Shelby county : now if the said Thomas W. Ruckman does well and truly collect and pay over all money that the law makes it his duty to collect, to the proper person to receive the same, and perform all the other lawful duties of sheriff of Shelby county, faithfully and honestly, then this obli- gation to be void and of no effect : else to remain in full force and virtue in law.
THOMAS W. RUCKMAN, JOHN LENOX. ARCHIBALD DEFREES, his WVM. X JOHNSTON. mark
Attest, D. HENRY, Clerk.
Plan of the jail to be erected for the county: To be 16 by 18 feet: two stories, each seven feet between the floors; built of timber twelve inches square. laid completely close: the first and second floors to be made of
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square timber laid close, the same as the wall; one window eighteen inches square ; in each story, well grated with iron bars; one door in each story sufficiently ironed and locks; third floor to be of hewed timber; roof of joint shingles ; a chimney in one end, with a fireplace in each room.
The house for the court to be a frame, 24 by 30 feet, roofed with joint shingles and weatherboarded; two doors through the middle of the first story; four 18-light windows; the story ten feet between the floors ; a place for two fireplaces six feet wide; second story eight feet high; six 15-light windows; window-frames and doors underpinned with stone eighteen inches above ground. The above buildings are ordered to be sold on the 22d inst. at Sidney.
Sidney, February 22, 1820. Commissioners met ; full board present.
Then proceeded to sell the contract for erection of court house and jail, with alterations agreeable to the bond taken in that case.
Adjourned.
ROBERT MCCLURE, WM. BERRY, JOSEPH MELLINGER.
Attest, D. HENRY, Clerk.
Hardin, Ohio, March 6, 1820. The board met. Present : The full board.
The report of the viewers appointed to view the road through Rodham Talbott's land is received and ordered to be recorded.
Ordered that the following bills be allowed: William Minnear, James Bryan, Daniel Vandemark, Joseph Bennett, John Mellinger, Zachariah Hur- ley, John Wilson, Robert Aldrich, Wm. Bush, David Crow, John Shennard, Gideon Wright, Charles Weeks, John Hathaway, each have $1.50 for one day's service as grand jurors at December term, and that James Moore have 75 cents for services as constable.
Ordered that John Johnston, Joseph Aldrich. James Buchanan, David Mellinger, Aaron Cecil, Isaac Robins, William Robinson, Win. Marrs. James Green, John Hathaway, Joseph Bennett, have each 50 cents for attending a trial at December term, and that James Moore, constable, have 25 cents for attending same trial.
Ordered that Samuel Marshall, Esq., have for two days' service as associate judge, $6.00.
Ordered that Benjamin S. Cox have for his service as surveyor of a road from Mill creek to Sidney, two days and plat, $4.50; for chairmen and blazers, same time, $4.50.
Ordered that Benjamin S. Cox have for his service in surveying a road from the 5-mile-tree in the Mosquito creek to the county line, two days and plat, $4.50; for chainmen and blazers, $4.50.
Ordered that John Lenox, Abraham Cannon, Daniel V. Dingman, each
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have $2.00 for two days' service as viewers of a road from Mill creek to Sidney.
Ordered that John Medaris, Thaddeus Tuttle, and Peter Princehouse each have $2.00 for two days' service viewing road from 5-mile-tree, on the Mosquito creek road, to the line of Logan county.
Ordered that Jacob Wise, Samuel Marshall, and Daniel V. Dingman, viewers, and Benjamin S .Cox, surveyor, and assistants, proceed and lay out a road from Dingman's through Sidney and Hardin, to Cynthian, on the 20th instant, and report to the next board.
Ordered that Robert Aldrich, John Mellinger, and Samuel McClure, viewers, and Benjamin S. Cox, surveyor, and assistants, proceed on the fourth Monday of this instant to view and lay out a road from the state road at or near William Morrow's : thence to Steinberger's mill; thence a northeast- erly course to intersect the road from Mill creek to Sidney, and report to the next board.
Ordered that Abraham Cannon, James Thatcher, and Samuel Stewart, viewers, and Benjamin S. Cox, surveyor, and assistants, proceed on the first Tuesday in April to view and lay out a road, beginning at or near Hardin ; thence to the state road at or near the Nine-mile creek, in Loramie township, and report to the next board.
Ordered that David Larue, Charles Johnston, John Ellsworth, Aquilla Ellsworth, William Ellsworth, viewers, and Benjamin S. Cox, surveyor. and assistants, proceed on the second Monday in April next to review the following part of the road from Honey creek to Mosquito creek, to wit: Beginning at the county line. thence to Peter Princehouse's, and make such alteration as may be necessary, and report to the next board ..
Adjourned till tomorrow.
Hardin, March 7. 1820. The commissioners met pursuant to adjourn- ment. Present : Robert McClure, William Berry, Joseph Mellinger, and David Henry, Clerk.
The viewers appointed by the commissioners, on the 14th of December last, to lay out and view a road from the 5-mile-tree, on the Mosquito creek road, to the county line of Logan county, with the surveyor of said road, have made their reports, which, being openly read yesterday and today at the board, and no objections being made, the said road is ordered to be recorded a public highway.
Ordered that Jeremiah White have for one day's service as judge of the last annual election for Turtle Creek township, $1.00.
Ordered that Samuel Stewart have for one day's service as judge of last annual election for Turtle Creek township, $1.00.
Ordered that Hezekiah Stout have for his service for selling property at Sidney, $1.00.
Ordered that all that part of Orange township that is east of the west tier of sections in the second township of Bath, 12th and 13th range, be erected
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into a new township, by the name of Green township and that the qualified electors of said township meet at the house of John Medaris, on the first Monday in April next, to elect township officers.
Adjourned sine die.
ROREBT MCCLURE. I'M. BERRY. JOSEPH MELLINGER.
Attest, D. HENRY, Clerk.
State of Ohio, Shelby county, ss. :
We. John Lenox, Philip Coleman, and Edward Jackson, viewers appointed by the board of commissioners of Shelby county to view and appraise section No. 16, township 1, range 7 east, being first duly sworn according to law, have proceeded to view and lay out the same into lots, and appraised the same as follows, towit : Lot No. 1, 521/2 acres at $3.25 per acre ; lot No. 2, 461/2 acres at $2.75 per acre ; lot No. 3. 99 3 100 acres at $4.00 per acre : lot No. 4. 60 98 '100 acres at $2.50 per acre : lot No. 5. 104 acres at $4.50 per acre; lot No. 6, 78 18, 100 acres at $2.00 per acre. All of which we have viewed and appraised to the best of our skill and ability. Given under our hands and seals the 11th day of September, 1819. The plat herewith annexed made by James Crugan, surveyor of Miami county, September II. 1819.
JOHN LENOX, [SEAL. ] EDWARD JACKSON, [SEAL. ] PIIILIP COLEMAN, [SEAL. ]
Shelby county :
We, the undersigned, do hereby certify that we did, by order of the commissioners of Shelby county, go, on the 10th day of November, 1819, with a surveyor and two chainmen and one blazer, and divided section 16. in range 3. township 7, into six lots, containing as follows : No. 1, 9834 acres; No. 2 and No. 3. each 1021/2 acres; No. 4 and No. 5, each 1061/2 acres ; and No. 6. 10212 acres; which lots we valued at $2.00 per acre. each lot sep- arately.
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