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The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, June 02, 1852, Image 1

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VOLUME 19--N0. 7.
LAWS OF 0 II 10.
No. T.J
AN ACT fixing the salaries of certain
. State Officers.
Sec. I. Be it enacted by the General
Assembly of the Slate of Ohio, That the
several oiliers hereinafter mentioned, shall
be entitled to receive for their services,
the following sums, annually: The Gov
ernor, eighteen huudred dollars. The
Lieutenant Governor, live dollars per day
during the sitting of the Legislature. The
Judges of the Supreme Court, seventeen
hundred dollars. The Judges of the Com
mon Pleas Court, and the Judge of the
Criminal Court of Hamilton county, fif
teen hundred dollars. The Secretary of
State, fourteen hundred dollars. The
Treasurer of State, fifteen hundred dol
lars. The Auditor of State, sixteen hun
dred dollars. The State Librarian, six
hundred dollars. The Attorney General,
one thousand dollars, and three per cent,
on all collections made for the State by
him: Provided. that the a'wree-ale amount
of his compensation, including said per
cent, shall not exceed fourteen hundred
dollars per annum, during his term of of
fice. The members of the Board of Pub
lic Works, each, fifteen hundred dollars,
and no more, in the form of traveling ex
penses or otherwise; all which salaries
shall be payable in equal instalments, at
the state treasury, on the second Monday
of May, second Monday of August, se
cond Monday of November, and the se
cond Monday of February.
Sec. 2. That the Judges of the Com
mercial and Superior Courts of Cincinna
ti, .find the Judge of the Superior Court
of Cleveland, shall each receive a salary
at the rate of fifteen hundred dollars per
annum, from the second day of February,
1852, for the time their respective conns
shall continue in existence, which shall be
payable in the same manner as provided
for the payment, of the Judg;:s ol the oth
er Courts of the Slate.
Skc. 3. All laws and parts of laws fix
ing the compensation of officers named in
the foregoing sections, so far as they re
fer to the officers herein mimed, be, and
the same are. hi rebv repealed.
JAMLS'C. J 0 11 X SOX,
Speaker of the House of Iv-prescntativcs.
President of the Senate.
May 1, 1852.
No. 74.
AX ACT fo amend the act to provide for
(ho iippuitilme.it Ml' Xotaih s Public,
and 'prescribing their 'duties, passed
March 1 5, 1 352, and to repeal section
3 of said net.
Skc. 1. Be it enacted by the General
Assembly of the Slate of Ohio, That
the third section of the act to which this
, is amendatory, he, and is hereby so amend
ed as to read as follows, to wit: That each
notary public, before', .entering upon the
duties of his office, shall provide himself
with an official seal, with which he shall
authenticate his official acts, upon which
shall be engraven the arms of this Stale,
the words "Notarial Seal," and the name
of the county in which he resides; which
seal, together with his official register,
shall be exempt from execution; and on
the death or removal from office; of such
notary public, his register shall he depo
sited in tin! office HI' the recorder of deeds
in the'eoffnty where such notary resides;
Provided, that it shall 1)3 lawful for any
notary public, duly commissioned as such,
to use, ill. the authentication of Ids official
acts, a seal of the simililnde of those au
thorized by law' previous to the passage,
of the act to which this amendatory; and
provided, further, that whenever it .shall
be necessary for any such notary public
to procure a new seal, such new seal shall
be of the description hereinbefore first de
signated. Sec. 2. That the third section of the? .
act to 'which this is amendatory, be, and
the same is hereby repealed.
. ... JAMES 0. JOHNSON, -Speaker
of the House of Representatives.
1 President of the Senate.
May 1, 1C52.
AN ACT to define the liability of town
ships, where the same haveeen alter
ed or diminished.
Sec. 1. Be it enacted by the General
Assembly of the State of Ohio, That
whenevei any township in this state shall
have been or may hereafter be altered,
diminished, or in any way changed, by
the formation of new townships, or addi-'
tions to other townships, or otherwise,
such original townships, and nil parts and
portions of the same, shall remain liable,
to the same extent, on all contracts, en
gagements or liabilities, contracted by,
such township, prior to such change, as if
no such alteration, diminution or change,
had taken place.
Sec. 2. That the trustees of any town
ship, in case of a division or change, as
provided in the first section, which shall
have retained the original name of such
township, shall, in levying a tax for tho
payment of any legal or just claims, a
gatnst 6uch township, contracted prior to
any change as aforesaid, procure a certi
fied abstract from the auditor of the pro-'
per vecftnty, or in case parcels of such
township, bhall have , been attached to,
townships of different counties, then from
the auditors' of the counties to which any
portion of such township shall have been
attached,' of all 'the taxable property situ
ate ia such ; attached portion or portions,
together with the names of the persons
owning the same; and in making tho as
sessment and levy" for thopaymentof any '
such indebtedness, or interest thereon, at
the time notf, or that 'may' hereafter bd,'.
provided by law for making 'Such levy, levy
an amount nqt exceeding the amount now
limited, or .that .may hereafter he limited
by law, fox the payment of claims against
townships,; on all the taxable property in
the limits of such township as it was
bounded before such change, and certify
an abstract tin reo t to the county auditor
of the proper county, or in case parcels of
such township shall have been attached
to territory in dniercnt counties, then
said trustees shall certify an abstract of
the tax levied upon the property of such
parcels respectively, to the auditors of the
respective counties, together with the
names of the persons so assessed, and tho
amount assessed to each; and such
auditor, or auditors shall thereupon enter
the same noon the duplicate, designating
the persons so taxed, and for what pur
pose such levy has been made, and the
taxes shall be collected thereon as in oth
er cases.
Sec. 3. The treasurer of tho county
or counties collecting any tax as afore
said assessed, shall, on demand, pay over
to the treasurer of such township, on the
cider of the trustees thereof, after the
first day of March of any year when the
same may have been collected, as moneys
that may have been collected for such
township, and shall be entitled to the same
fees, and subject to the same liabilities,
for duties performed under this act, as ia
other cases.
Speaker of the House of P.onroscnlatives.
President of the Senate.
May 1. 1C52.
No. 77.
AN ACT to provide for collecting the
statistics of Crime.
Skc. 1. Be it enacted by the General
Assembly of liie Slate of Oljn, That.each
Prosecuting Attorney shall, between the
tenth and twentieth days of December, in
every year, report to lite Attorney Gener
al a particular statistical account of all
crimes prosecuted by indictment in his conn
ty, during the year next preceding, which
account shall specify the number of persons
prosecuted, the crime or crimes for which
each person was prosecuted, the result of
each prosecution, and the, punishment (if
any) awarded (hereupon, and ai-o the
amount of costs in each case, and what
portion thereof has been, and portion pro
bably will he, collected; and that.each pro
secuiing attorney shall report, likewise,
which of the crime's so prosecuted, were,
in his opinion, commitied under" the in
fluence of ardent .spirits.
Skc. 2. That the clerk of each court
having cognizance of pleas of Ilia slate
prosecuted by indictment, shall, between
the first and fifth day of Peecmber, in
every year, make out and deliver to the
prosecuting attorney, of the county, an ac
curate statement of the eosis taxed' or
taxable in each case, prosecuted as afore
said, and determined during the vear next
preceding; which statement shall specify
the portion of costs collected bv execution
i r otherwise, from the defendant or de
fendants, and in what, cases execution' has
been issued.
Skc. 3. That each court h.avinfi' cog
nizance as aforesaid, shall make such al
owancos,.payab!e out of the county treasury,-
to the clerk and prosecuting attor
ney, for pel formanccs ot I he services here
by required, as to the judge or judges
thereof, may seem reasonable.
Speaker of the House of Representatives.
President of the Senate.
' May 1, ICO,!.
No. 70. J,
AN ACT to regulate the liens of judg
ments. Sec. 1. Be it enacted by the General
Assembly of the State of Ohio, That
judgments by confession, and judgments
on all suits rendered at thy same term of
the court at which said suits commenced,
shall only have a lien on land from
the day on which said judgment shall be
rendered; Provided, that, no such judg
ment shall have priority as to such lien,
over any other such judgment rendered at
the same time.
Sec. 2. That an act entitled 'an act
in relation to' judgments by confession,'
" passed February lilji, 184G, be, and the
same is herebv repealed.
Speaker of tho blouse of Jleproseutatives.
President of the Senate.
' 'May 1, 1852.
i No. 7!).
AN ACT defining the powers of Plank
and Turnpike Road Companies.
Sec. 1. Be it enacted by the General
Assembly of the State of Ohio, That it
shall and may be lawful for any Plank
road or Turnpike company heretofore
chartered under the laws of this state, for
the purpose of constructing any road au
thorized by their respective charters, and
to provide for any present indebtedness
which may exist against said companies
respectively, to issue the bonds of such
company, to tho amount, including such
indebtedness, of one half of the capital
stock of said company actually paid in,
and expended in the construction of such
road; said bonds to be issued in such sums
. and in such forms, as the board of direc
tors of said several companies may each
prescribe, and to bear interest, and be
come payable at such time or times, and
place or places, as they may severally de
signate; and for the redemption of which,
the faith of said several companies are
hereby respectively pledged, together wilh
the property, rights and franchises there
unto belonging; and which said bonds
shall not be subject to a higher rate of in
terest than that provided by Jaw; Provid
ed, that nothing herein contained shall be
so construed as to authorize -bonds to be
' issued of a less denomination than one
hundred dollars, or in the similitude of
bank notes, designed to circulate as mo-
" aey." .,',"": a ; .' yr r . ... .-.
Sec. 2. " That .the stockholders ot any
.company which shall issue . bonds;aunder
the authority of this act, for the purpose
of raising money with' which tj construct
the road of such company, or any part
thereof, shall be each individually liable
for the payment of such bonds, over and
above the stock by such stockholders own
ed, to a sum at least equal in amount to
the slock owned by each, at the time tho
indebtedness on account of said bonds
shall be created.
Skc. 3. That any company that shall
avail ilself of the provisions of this act,
shall be governed by and be subject to
the provisions of any general law that may
hereafter be passed, lor the incorporation
of Turnpike and Plank Koad Companies.
Speaker of the House of lleprcscntativcs.
President of the Senate.
May 3, 1C52.
No. 8.O.
AN ACT to provide for tilling vacancies
in the Board of County Commissioners,
and prescribing their powers and du
ties in certain cases.
Sec. 1. Be it enacted by the General
Assembly of the State of Ohio, That the
county commissioners of the respective
counties, shall have power to compound
for, or release, in whole or in part, any
debt, judgment, fine, or amercement due N
to their county, and for the uc thereof,
except in cases where they, or either of
them are personally interested;and when
ever said commissioners shall compound
for, or release, in whole or in part, any
debt, judgment, fine or amercement, as
aforesaid, they shall enter upon theil
journal, a statement of the facis in the
case, and the reasons that governed them
in making such release or composition.
Sue. 2. That the provisions of this
act shall not extend to cases mentioned in
an act entitled an act restraining (lie pow
er of county commissioners to remit fines,
penalties and judgments, in certain cases,
passed February eighth, one thousand
eight hundred and forty-seven.
Skc. 3. That whenever there shall bj
a vacancy in the office of county commis
sioner, fioni death, resignation, removal,
or any can- e other than the expiration of
the term for which h was elected, and
the ink-rest of the counly shall requiro
such vacancy to fie filled before the next,
annual election, the Probate Judge, Au
ditor, arcl eouwy Recorder, of such coun
ty, era r lajoriiy-of them, shall meet at
the seat of justice of the counly, and ap
point one or more commissioners, as
the case may require, who shall continue
in office until the next annual election,
and until the commis'-ioner or commis
sioners . thi'.i ilecied, shall be qualified,
a;id no !o!H;(,r; and tho absence of tiny
commissioner, from the county for six
months in succession, shall be deemed a
resignation of llie office.
Skc. 'i. That the fourth and twelfth
sec' ions' of the act entitled an act estab
lishing boards of county commissioners,
pus'-ed March fifth, one thousand ought
hundred and thirty-one, .and the fourth
section of the acl, passed .February, eigh
teenth, one thousand eight hundred and
forty-eight, entitled an act to extend the
provisions ot the act, passed February
twenty-eighlh, one thousand eight hun
dred and' forly-three, entitled an act to
authorize (he court of common pleas to rr
iiiit judgments or recognizances in certain
cases, and for other purposes, he, and the
seme are heiel.v repeah d.
Speaker of (he i louse of Representatives.
President of the Senate.
April 1852.
No. 8!.
To authorize Guardians to release the
hi'rrcst oi their Vy'anis in tax titles to
real estate.
Sec. 1. Be it enacted by the General
.Assembly of the State of Ohio, That
'where any lands, town lots, or other real
estate, have heretofore been, or hereafter
may be sold for taxes, and the title there
to has become vested in any minor, it
shall and may he lawful lor the guardian
of such mirror (o convey, in the name and
on behalf of the minor, by deed of release
and quit-claim, all the right, title and in
terest of said minor,- in law or equity, in
and to such lands, town lots, or other
real estate, to any person or persons enti
tled to redeem or recover the same; Pro
vided that such person or persons so enti
tled to recover or redeem said lands, town
lots, or other real estate, shall pay to the.
guardian aforesaid, an amount of money
not less than that for which the same was
sold; and the taxes subsequently paid
Ihereon by the purchaser, or those claim
ing under huh, together with interest and
filty per centum on the whole amount so
paid by such puichaser, or those claiming
under him. ,
Sec. 2. If any guardian shall tender'a
deed of release and quit claim of the right,
and title of his ward or wards inand toany
hinds town lots, or other real estate sold
for taxes, to any person or persons entitled
to redeem or recover the same, asaforesaid,
and such person or persons shall refuse (c
accept such deed on the terms and condi
tions specified in thepreteding scclion, he
or they shall not recover costs accruing
after such tender, in any proceeding that
such person or persons may institute for
the redumption or recovery of such lands,
town lots, or other real estate.
Speaker of the House of Representatives.
President of the Senate.
April 30, 1852. .
: - No. 82 . : :
AN ACT to authorize .County Auditors,
to place taxable lands upon the tax du
plicate, in numerical order.
Skc. 1 . Beit enacted by the General
Assembly of the State of Ohio, That the
county auditor,of any county in this state,
may, in making out the duplicate of taxes
of any such county, for this and each suc
ceeding year, place each Fcparato tract of
real property, in each and every town-
ship in such counly, according to their
numerical order of the section in which
said tract or tracts may be situate,, and
the same shall be placed on said dupli
cate, in a line or lines imnlejiately oppo
site to, . and afier the name or names of
the owner or owners of such' tract.
Speaker of the House of Riiirescn!ativcs.
President ' f the Senate.
May 3, 1852.
No. 83.
AN ACT further presctH.-mg the duties
of the Auditor of Slate.
Sec. 1. Be it enacted !y the General
Assembly of the State of t'liio, That the
auditor of state is hereby required to take
immediate steps to secure U the State of
Ohio, the title of ail h'.t.Is heretofore
granted, or that may hereafter be granted
to this state, by various nets' of Congress,
for the completion of the Ohio, Miami,
and Wabash and Erie can;'.!';, or for other
Skc. 2. That the srid r.udilor of state
is further required, if it became necessary,
to use such means as ho may de-em advi
sable, to obtain further' -gishlation by
Congress, (o vest in the Stale of Ohio till
or any of said hmds, (oge'l.er with such
other lands as this state i.'.ay have .sold,
and to which said state lias not hiiherto
secured a valid title; Provided, that no
money or other competi ation shall be
paid, cither directly or indirectly, by said
auditor, to any person for seeming such
title, or proem ing such further legisla
Speaker of the House of Rcpresenlalivcs.
President of the Senate.
May 1, !C52.
No. 81.
AN ACT (o prescribe the duties of the
Attorney Gtnctal.
Sec. 1. Be it enacted by the General
Assembly of the Stale of Ohio, That each
Attorney General ciicl, I" fore entering
upon the perlorniar.ee of his duties, shad
take an oath or affirmation, before, the
supreme court or some j :dge thcrool, to
support the constitution of the United
Suites, and the constitution f the State
of Ohio, and faithfully to i;:-eharg! the
duties of his office; and shall also give
bond to the stale of Ohio, in the sum of
five thousand dollars, with two or more
sureties, to be approved by tho Governor
for the time being, condi.ioaed that he
will liiithl'uli;.: dUcharge hi duu;$ asa
foresaid, and" truly pay imo the 1 1 easury
'of' snriVaIi ptibttw h.h.i. v. L:o i:"'y
come into his lulnils.
Sec. 2. That a certificate of (be oath
or affirmation so taken, shall be filed, toe-ether
wiih the bond, in the office of the
Secretary of Sta'e, and a record of the
same shall be made and kept i.i the said
secretarv's o'iiee.
Sec. 3. Thai the Atlorr.ej
shall appear for the stale, in lis.
argument, of all causes in tic
court, (whether of a civil, eq
criminal description,) wherein
trial and
'ai)!e, or
.he state
may be, directly iiilcreslcd.
Sec. 4. That he i hall, also, when re
quired by the Governor, or General As
sembly, appear for the state in any court
or tribunal, in any cause to which, the
state may be a party, or in which the
state may be diredly interested.
Sec. i That, lie shall, upon the writ
ten request of the Governor, prosecute
any person who may be charged with any
indictable offence whatever.
Sec. 0. Thai he shall cause to be "prose
cuted, the oflieial bonds of all delinquent
officers, in which the state, may beinler
esicd, when the same are directed to be
put in suit.
Sec. 7. That he shall catiseto.be prose
cuted, all assessors and other officers con
nected with the revenue Jaws of this slate,
for all such delinquencies and o'i'ences n
giinst those laws as may come to his
Sec. 8. . That he m:.y prosecute any
action or suit at law, or in equily, autho
rized by tho lust fwo sections, in the. court
of common pleas of Franklin counly, or
in the court of common pleas of the coun
ly in which the defendant or any one or
more of the defendants, may reside or
be found.
Sec. .0. That upon complaint made (o
him, that any incorporated company has
oU'endeil against the laws of .the slate,
misused its corporate authority, or any of
its franchises or privileges; assi'med fran
chises or privileges not gran'ed to it, or
surrendered, abandoned or forfeited its
corporate authority, or any of its franchi
ses or privileges, hi shall enquira into
the complaht.'and, if he should find pro
bable cause for, so doing, cause proceed
ings, in the, nature of quo warranto or
writ of scire facias, to be instituted u
gainst it,.
Sec. 10. That if it shall come to his.
knowledg otherwise, that any incorporated
company has offended against the laws of
the state, misused its corporate authority,
or any of its franchises or privileges, as
sumed franchises or privileges not con:
feired, or surrendered, abandoned or for
feited its corporate authority, or any of its
franchises or privileges, he shall causo
proceedings in the nature of quo "warran
to or writ of scire facias, to be instituted
against it.
' Sec. II. That lie shall likewise cause
such proceedings to be instituted, and di
ligently prosecute the same, whenever
directed so to do by the Governor, the Su
preme Court, or cither house of the Gen
eral Assembly. -, ,:
Skc. 12. That whenever any person
shall usurp, intrude into, or unlawfully
hold or .exersiso auy public office, civil or
military, or any, franchise or privilege, t
within this, state, or. any office in any cor
poration created by the authority of this
state, or whenever any such public or Cor-,
porato officer shall Jiave done, or suffered
any act, which, by law, may work a forfe
iture of his term of office, or whenever
any person or number of persons shall act
or assume to actas & corporation within
this state, without being legally authorized
so to do, or shall exercise or assume to ex
ercise any franchise, or authority not war
ran led by law within this suite, the Attor
ney General may, upon complaint made to
him or upon his own motion, cause j.io
ct ediugs, in, the nature of quo warraioo,
to be instituted, and the same dificnt V
prosecuted to judgment; Piovided(J how ever,
that he may refuse to institute io
Ccdings as aforesaid, except vt hen direct
ed by the Governor, the Supreme Court
or either house of the General Assembly,
unless some responsible freeholder of the
state will become relator in the cause, and ,
liable for the costs theleof; but when
ever the Governor, the Supreme Court,
or either house of the General Assembly,
may direct any such proceedings lobe in
stituted, he shall cause the same to be com
menced, and diligently pro-ccuied upon
his own relation.
Sec. 13. That he may prosecute unv
I information, writ, relation or otlu-r pro
j ceeding authorized bv the last four si coons
in the supreme court of the st ale, the dis
trict court, of Franklin county or the dis
trict court of any county wheiviu such
company may have a place of baine.-.s or
such oiiicer or officers, person or per.-ous
reside or may be found.
Sec. 11. That it shall be his duly to
! cause proper suits to be instituted, at law
i and in chancery to enforce (hepi-ifoniunce
of trusts for charitable and educational
purposes, and restrain the a'ous-.; thereof
j whenever upon the complaint of olliirs, or
i from his own knowledge he msv deem
I that to be advisable, or whenever by the
j Governef, the Supreme Court or either
I house of the General Assembly, be may
! be directed so to do; which said suits may
I be brought in his own name, up;,'i behalf
i. of the state or the benolici .tries of ihc- Iru -t,
i in the court of common picas of Franklin
I county, or in the court of common pleas
j of any county wherein the tnct property
j may he situated or invested, anil which
t suit shail not abate nr discontinue bv any
; change of the ofiicer, but shall be prosecu
ted to final judgement , mandate ordeciee
as if no sii-h change had oecmed; i ro fled,
however that the Attorney '.hueral m.-.v
, refuse to institute prom-ii'.n-js as nfor.:
: said, except when directed by ihc Uover
: nor, Ihc Si'pR-mo Court or eilhi-r house if
the Gcncrsil Assembly, unless mhihs re
. sponsible freeholder of the state wdl be
come, relator in the catbe, and liable f..r
the costs thereof; lmt whenever ihe Gov
ernor, ihc Supremo Court or either house
(.ctieral As-iatutiv, mav dm e any
ral .-wcun.'iy, mav dm :
shall cause ihe sane;
, ami d'ili-rcul.y pios
V-..LOU? '.!;) It..t-r rvtatio:.;.
br.c. 15. That he shall, when re
rive le-.-ii advice to the Governor, il
iv-tary of State, llie Auditor of .-'-late.
.: rcasun-roi ft.ate, noara oi pni,.i
tb.'.! ' 'oiiita':. sioiiers of (Uo Siukiie
tic JAY,-,!' leu and J )i rectors of I i-e )
iir.ry and the Stipcrnlemia n!. an.
t-ir ofii-
lot s ot li:
. state, in ;
clleVoiclll, 1 1) sli t lit iOli
1 mat.ei' l'eUitii'e'' to th
eit.l t.ti-'hle;
Sec. Ii.:,
Wl ittell ot-il
Thtit h3 shall also give his
upon any question of law,
to either house, of the General
Win.'!! reijtnre.l.
Sec. 17. That he shall advise the Pros
ecu'! in g Attorneys of the several counties,
when requested by i!t:.". in all nia Iters
appertaining to the dunes of their of
fices. Sec. 18. That he shall prepare suita
ble forms of contracts, obligations,
other like instruments of writing for the
use of ihe stale officers, when requested
by the Governor, Secretary, Auditor or
Treasurer of State.
Sec. 19. That he may prosecute any
suit, infornia'.ion, or other suit, either at
law or in equity, in behalf of ihc s' ale, or
ih which the state may be inlen sted, (oili
er than prosecution by iiidiclteeul.) in the.
courts of appropriate jurisdiction in Frank
lin county or in the courts inappropriate ju
risdiction in any county in which ll.e tic fon
dant, anvone or more ct the defendants,
mav resi le or be found; Provided, howev
er that no merely civil suit cl, law or in e
(inity, other tliaa is authorized bv Ike.
eighth section,
shall be commenced'
' Franklin county unless ihe defendant, or
j one more of the defendants, shall (herein
j reside or he found, except the Attorney
'General shall certify on lite writ, that he
believes (he amount in controversy lo ex-
ceed live hundred dollars.
; Sec. UO. That in all oases brought Kn-
j der the provisions of this act, ihe writ or
writs may he sent lo i.u; suei iu ot any
county by mail, and returned by him hi.
like manner for which the. sheriff shall be
allowed the same mileage and fees as if
as if the writ or writs had issued out of
theconrt of common pleas or district eour.t
in his county, and been returnable thereto.
Sec. '2 1 . That upon all infornia'.ion or
other proceedings specified in the ninth,
tenth, ami eleventh sections, if the writ, oi'
writs, mesne process be returned, not I'otiud
bv the sherid' of the coun'.v in which the
! company is authorized by l.r.v to have its
j place of business, the clerk of the court in
I which such information or other proceed-
I ings may have been filtid, shall make, out
a notice ot ttio tiling ana suustauee uiereoi,
and cause the same to be published for six.
consecutive weeks, in some newspaper
printed in the county in which such com
pany is authorized as aforesaid, lohnve
its place of businsss, or if no newspaper
be therein printed, in some newspaper
printed in the city of Columbus; and an
affidavit of such publication, together with
a copy of the said notice shall be filed in
the office of the clerk aforesaid; and if (ho
company so made defendant, should .fail
to answer or plead to any such information
or other proceeding, ' within, thirty ' days
from the tiling of the affidavit and copy
aforesaid, judgement shall be given upon
the default, in lik manner as if the W'Vit or
writs had been duly served and returned .1
; Sec. 22. That npon'nll appeals, writs
of error, certiorari, supersedeas, proceden
do, replevin, no exofit, injunction, attach
ment, mandamus, or prohibition, taken or
sued out by the Attorney General upon
behalf of ihe st ite, or upon behalf of any
other officer thereof, no security shall be
Skc. .3. That nothing in this act shall
I-construed lo prevent (ither party to
any cuu.-e brought under its provisions,
from t.ikmg the impositions of such wit
nesses as reside out of the counly in
which the c;u;s. may In; penJing, or in
tend to leave, ihe coun'y before ihe time
of trial, or are uuuUo lo attend the trial
in person.
Site. til. That ihe aftornev general
shail keep an office in (he c'uy of Colum
bus, lo be provided and furnished at the
state's expense, and the account for pos
tage upon his olficial coricspondoiice
shall be audited and allowed by the audi
tor of slate, and paid out. of any funds hi
the state Ueasuiy, not otherwise appro
priated. Six. C.3. That lie shall keep in suita
l.'.r; books, to tie provided for lint purpose,
at the slate's expense, a register of i.ll
action1;, demands, complaints, writs, in
formations, and other suits prosecuted or
defended by him officially, together wiih
all the proceedings bad in ix-spi ct thereof,
and also a re-ism- of ail written official
opinions given by him, which said books
l;e shall deliver to his successor at the ex
piration ( f his term.
Sec. Co. That he shall, in the report
required of him, by article third, section
twentieth, of the constitution, submit an
abs'ract of the statistics of crime returned
to him l.y the proseculin-j; attornays of
the sever.-. 1 counties, wilh a -i ncrrd slato
mi nl of ihe business under his immediu'.S
charge. ;
Sec. 7. That the act lo create the
office of attorney general and to prescribe
his duties, passed the six'eenth day of
February; in )-.: year eighteen hundred
end loity-six. and the acts amendatory
th-i-eof, pas.-od lite 2 Mi day of February,
in the year eighieen hundred and foriy
eight, and the nineteenth day of March,
in the year eighieen hundred and forty
ltine, he, and the same, are reiiealwd.
Sj'.ci-.ki r of liu' J iouse of Representatives.
President of the Sv.-.alc.
May 1, 18.32.
AN AC'i to provi le lor the adjustment
and seflemeiit of the affairs of incor
porated associations and companies.
Skc. 1. Be it enacted by the . Gsneral
Assembly of the State of Ohio, That no
suh. action; iiiiieinen! , oi der or decree, to
Viiocli ; 1 1 , .- inc. .rporati.il as-.oc
coiupiosv el' this s'aic mav be
l-o.ier p.aitit'i.f or tii'feed;; n-., s.,;
be discontinued, or i!i.-mi--d.
aiion or
a party,
11 abate,
by rca-
son of the expiration of the chartd of
sitch association or company, but that all
uu-nls, orders or
decrees, '1,
rowed to final judgment,
sfiieihm or seliii'mcm. in
name of ;..uch association or
That the hoard ff direciors
e being, or other officers hav
!rol or management of any in
Hssociation or comp.'iny in this
hereby nulhoi i.cd lo appoint
for the li
ing ihe c(
state, are
three trustees to adjust and settle the af
fairs of such association or company; and
the trustees so. appointed, shall be au
thori.'.ed. to use. the corporate name of
their association or company, for such pe
riod as may be necessary for the adjust
ment, and settlement of its affairs, by suit
or otherwise.
Skc. The tniotees appointed under
this act, shall report, annually to the
stockholders of their association or com
pany, a full and succinct statement of its
Site. 4. A mnjei'ity of llie stockhol
ders, in interest, of any such association
or company, may remove, and shall have
authority lo appoint a trustee to fill a va
cancy occasioned by death, resignation or
Skc. 5. That suits may he instituted
by or against any incorporated associa
tion or company, in ibis slate, after the ex-pi
ration of iischarler, for debts due or liabili
ties incurred before the expiration of such
charier, and also for debls due and liabi
lities incurred by the trustees of such as
sociation or company, in tho proper (lis-.
barge of tha duties of their appoint
ment. Ffc. 0. Tint where a suit has been
r nmrneurcd against any incorporated ns
soeiation or company, under the provis
ions of this) net, service shall be made
upon the trustees (hereof.
Speaker of tin TTono of Representatives.
President of the Senate.
May 1, 1C.31.
No. 7n.
AN ACT (o authorize the Commission
rrs of two or more counties to build
bridges j"intly, in certain rases.
Sec, 1 Re it. enacted by the General
Assembly of the Siete of Ohio, That when
ever it shall become necessary, for the
p-iblic convenience, to bridge any stream
of water which shall be on or near the
lines of two or more counties, which said
counties shall be traversed by the road
orraads on which said bridge is needed,
it shall be lawful for the commissioners
of such Counties interested, to build or
authorize the building of such bridge joint
ly, to be paid fo-in proportion as said
commissioners may aree upon.
Speaker of the House of Reptesontat.ives.,
. President of tha Senate.
J May 1, 1852. ; - , , -
'," v. -or , . rx0, en. .'.-.'; ,:
itf AC r? rel iflag to Wil1s,"anl to repeal
.. former as ts relating thereto,
' Ssc. 1. ; Ca it ena oted by the Genera'
Assembly of the State of Ohio, That any
person of full ago and sound memory,
having an interest in lands, tenements or
hereditaments, or any . annuity or rent
charged upoh or issuing out of the- same, -'
or any goods, chattels, rights,. credits, .
choses in action or possession, or any oth- -er
property of tiny description whaleter,
may give and devise the same to any per
son, by last will and testament, lawfully
executed; subject, nevertheless, to tho
rigts of creditors, and to the provisions ;
of. this act, and of an act entitled "an
a 'it to restrain the entailment of real
estate." ...
Site. 2. Every last will and testament
(except such as is mentioned in the seventy-fourth
section of this act,) shall bo
in writing, and signed at the end thereof,
by the party making the same, or by some ;
other person in his presence and "by his .
express direction, and shall be attested and
subscribed in the presence of such party
by two or more competent witnesses, who :
saw the testator subscribe, or heard hint
acknowledge the same.
Skc. 3. Any will in writing, may be
deposited, by the person making the .
same, or by some person for him, in tho
office of tho judge of the probate court,
in the county in which such testator lives,
to be safely kept until delivered or dispo
sed of as hereinafter provided; and said .
probate judge, on being paid the fee of
one dollar therefor, shall receive, and
keep such will, and give a cert filiate o
deposit thereof.
Site. 4. Every will intended to be de
posited as aforesaid shall bo enclosed in a
sealed wrapper, which shall have endorsed
'.hereon the name of tho testator, and (ha
s-i.i l probate judge shall endorse thereon,
the day when, and the person by whom
it was delivered; and may also have en
dorsed the name of any person to whom
it is to ba delivered; and it shall not on
opened or read until delivered to a perse b
en titled to recive the same, or otherwise
disposed of as hereinafter provided.
.Sin;, h. Such will shall, during the
!ii'.-lini:; of the testator, be delivered only ,
to himself, or to some person authorized
by him, by an order in writing, duly
proved by the oath of a subscribing wit-,
ness; and after Ah death, it shall bo de
livered to the person named .in the en
dorsement on liie wrapper of the will, if
t litre be any person so named, who shall
demand it.
I Site. G. If no person shall demand
Lie will in pursuance of such appointment. ,
it shall be publicly opened in the probate
court, within two months after notice of
the death of the testator, and shall be re
tailed in the office of the probate,judg?
ir.v.ii oTered for probate; or if the jurisdic
tion belongs to any other' court, it shall
Ik; dehve ed to the executors or other ,'
persons entitled to the custody ofit, tu bo.
presented for probate in such other court;
and. if tho jurisdiction of such will be
longs to .the probate judge opening tlm",
same, he shall immediately utive notice
to the e::ecutor or executors, if any aro
named in such will, and if none are named
therein, then to the other persons imme
diately interested, of the existence of such
will. ..,.
Sue. 7, If any real or personal estate
shall ho devised, or bequeathed by the
last will, the execu.brs of such -will,-' or
any persons interested therein, may causa.
the same to be brougti't before the probato
court of the counly iu which such estate
may be, and the court may, by citation,.
nl.faehr.ient or warrant, or if circumstance
require it, by warrant or attachment in
the first instance, compel the person hav
ing the custody or control of such will,
to produce it, before the court, for the pur
pose of bjiug proved.
Sec. 8. Tile process mentioned in the
preceding section, may bo issued into anv
county iu the slate, and shall be served
and refurnad by the sherill', or ofher offi
cer to whom it may be delivered.
Sue. 9. The oluc-r .o whom1 such'
process may be. delivered, shall be liable
lor neglect m ihft service or return of such .
process, in like manner as sheriffs are, or
may be by law, liable for neglect in not
Eery ing or returairg a capias issued Upon,
u i indictment. -
Site. 10. If the person having the
cu-tody or control of a will, shall, without
any reasonable cause, neglect or refuse to
produce the same for probate, after being
duly cited for-that purpose, he may bu
commitied to the jail of the county, there
to be kept in close custody until he shall
produce the will, and he sbali be further -liable
to the action ofany purty aggrieved,
for tite damages which may be sustained
by such neglect or refusal. . ...
Skc. 11. If a devise or bequest is
given to a person who is witness to Uie will, ,
and the will cannot otherwise - be proved
than by the testimony of such witness, ,
the devise or bequest shall be void, and
the witness shall be competent to give '
testimony ofihe execution of the will, in like
manner as if such devise or bequest had
not been made; and if such witness would
have been entitled to any share of the tes- .
tator's cstafe, in case the will wasuotei
tablished, so much of such share as shall j
lot exceed .he devise or bequest to him,
shall be saved to him; and tho device
and legatees shall contribute for that pur :
pose in the mode directed in the forty
first section of this act. ... ,r 4 u.'-.-.
Sec. 1 2. The said court shall causo
the witnesses to such will, and such other,
witnesses as any person interested in hav-.
ing the same admitted to probate, ... .amy
d-esire, to come before $ucn court; and .
said witnesses shall be examined in open
court, and their testimony reduced to -writing,
and filed. . . . ,. .,.
Ssc. 13,. If it shall appear to ths
court,. .when the. will is offered for probate, .
that any witness thereto is gone to parts ,
unknown; or if the witnesses to will i,
were competent, at the time of attesting ;
its execution, and af'ierwards bc'oonaft.iit-,-competent,
the will may 'be admitted., to
probate, and allowed, upon such .proof a
would be satisfactory, and in like irmnntr
as if such absent or incompetent witness-;
es were dead. : , , . r; ,
Sec. 1 4. The court may issue a com
continued ok fourth PAOl.J

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