ACTS OF A GENERAL NATURE,

PASSED BY THE

FORTY SECOND GENERAL ASSEMBLY

OF THE

STATE OF OHIO,

BEGUN AND HELD IN THE CITY OF COLUMBUS;

DECEMBER 4, 1843.

AND

IN THE FORTY SECOND YEAR OF SAID STATE.

VOL. XLII.

COLUMBUS:

SAMUEL MEDARY, STATE PRINTER.

ACTS OF A GENERAL NATURE.

AN ACT

To amend the act entitled "An act regulating the mode of taking the enumeration of white male inhabitants above the age of twenty one years," passed March 10, 1827.

ed to issue his proclamation.

SEC. 1. Be it enacted by the General Assembly of the State Governor requir of Ohio, That the governor of this state be and he is hereby authorized and required to issue his proclamation on or before the first day of April, in the year one thousand eight hundred and forty seven, and every fourth year thereafter, notifying the assessors of the several townships within this state of the duties required of them in an act entitled "an act to create the office of township assessor," passed March twentieth, one thousand eight hundred and forty one.

SEC. 2. That whenever any clerk of the court of common Liability of cerpleas, county auditor, or township assessor, shall neglect or tain officers for refuse to perform all or any of the duties required of him by neglect of duty. the provisions of the last recited act, they shall be considered

as having incurred the penalty prescribed in the third section

of the act to which this is an amendment.

SEC. 3. That it shall be the duty of the clerks of the court Duty of clerks. of common pleas of the several counties within this state, on or before the first Monday in December, to make return of the census of their respective counties, by mail, a member of the legislature, or other safe private conveyance, directed to the speaker of the senate, and in default of which, such clerk shall forfeit the penalty herein before mentioned.

SEC. 4. It shall be the duty of the prosecuting attorney Duty of prosecu of the respective counties to make inquiry as to the trans- ting attorney. mission by the clerk of the returns herein mentioned, or any delinquencies in the performance of duty by the auditor or assessors; and where any such delinquencies or neglect of duty may occur, shall forthwith commence an action for the recovery of the penalty specified in the third section of the act to which this is an amendment, and prosecute the same to final judgment and execution.

SEC. 5. That all acts or parts of acts, inconsistent with Act repealed. the provisions of this act, be and the same are hereby repealJOHN M. GALLAGHER,

ed.

Speaker of the House of Representatives.
THOMAS W. BARTLEY,

January 22, 1844.

Speaker of the Senate.

Jury not required, unless demanded by one of the parties.

To regulate proceedings in the action of forcible entry and detainer.

Be it enacted by the General Assembly of the State of Ohio, That in all actions hereafter brought for forcible entry and detainer, or for forcible detainer only, it shall be lawful for the justice, before whom such action may be instituted, to proceed to the trial of such cause without the intervention of a jury, unless demanded by one of the parties. Upon judgment SEC. 2. That upon judgment being rendered by such jusbeing rendered, tice, in any case as aforesaid, the same proceedings shall be had in reference thereto, as are provided for in the "act to regulate the action for forcible entry and detainer," passed February twenty five, one thousand eight hundred and thirty one, and also the act amendatory thereto, passed March thirteen, one thousand eight hundred and forty three.

how to proceed.

JOHN M. GALLAGHER, Speaker of the House of Representatives. THOMAS W. BARTLEY,

January 22, 1844.

Speaker of the Senate.

Office abolished.

Duties to be per

ship trustees.

AN ACT

To abolish the office of Fenceviewer, and for other purposes.

SEC. 1. Be it enacted by the General Assembly of the State of Ohio, That the office of fenceviewer be and the same is hereby abolished.

SEC. 2. That the trustees of the several townships in this formed by town state shall perform all the duties required by law of fenceviewers; and shall, when in the performance of such duties, be governed, in all respects, by the laws relating thereto, and shall be entitled to demand and receive for each day's service, to be rendered in the performance of the duties required of them under the act entitled "an act to regulate inclosures, and to provide against trespassing animals," the sum of seventy five cents, and no more.

Their fees.

SEC. 3. This act to take effect and be in force from and after the first day of April, one thousand eight hundred and forty five.

JOHN M. GALLAGHER,

Speaker of the House of Representatives.
THOMAS W. BARTLEY,

January 26, 1844.

Speaker of the Senate.

To authorize the Governor to appoint Commissioners to take acknowledgment of deeds, or

other contracts and depositions in other States.

point commis

SEC. 1. Be it enacted by the Geueral Assembly of the State Governor to ap of Ohio, That the governor shall have power to appoint one sioner. or more commissioners in any other of the United States, who shall continue in office during the pleasure of the governor, and shall have authority to take the acknowledgment and proof of the execution of any deed or other conveyance, or lease of any lands lying in this state, or of any contract, letter of attorney, or any other writing, under seal or not, to be used or re

corded in this state.

acknowledg. ment to be valid.

administer

SEC. 2. Such acknowledgment or proof, so taken, accord- Such proof and ing to the laws of the state, and certified to by any such commissioner under his seal of office, annexed to or indorsed on such instrument, shall have the same force and effect, as if the same had been made before a judge or justice of the peace, or any other officer authorized to perform such acts in this state. SEC. 3. Every commissioner, appointed as before mention- Commissioner to ed, shall have the power to administer an oath which may be lawfully required in this state, to any person willing to take it, and to take and certify all depositions to be used in any of the courts of this state, in conformity to the laws thereof, either, on interrogatories proposed under commission from a court of this state, or by consent of parties, or on legal notice given to the opposite party, and all such acts shall be as valid as if done and certified according to law by a magistrate in this state.

oaths, &c.;

SEC. 4. Every such commissioner, before performing any shall take an duty, or exercising any power in virtue of his appointment, oath; shall take and subscribe an oath or affirmation before a judge or clerk of one of the superior courts of the state in which such commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of the State of Ohio, which oath, and a description of his seal of office, together with his signature thereto, shall be filed in the office of the Secretary of State of filed in Secreta this State.

SEC. 5. This act to be and remain in force from and after

its passage.

JOHN M. GALLAGHER,

Speaker of the House of Representatives.

THOMAS W. BARTLEY,

Speaker of the Senate.

which, together

with seal to be

ry's office.

January 26, 1844.