assault and battery, commenced or prosecuted by any per son or persons, in the supreme court or in any court of common pleas of this state, after the taking effect of this act; if the jury upon the trial of the issue or issues in any of the aforesaid actions, or if the jury that shall enquire of the damages in any of the beforementioned actions, do find or assess the damages under five dollars, then the plaintiff or plaintiffs in either case, shall not recover any costs, any law, custom or usage to the contrary notwithstanding: Provided, That nothing in this act shall be so construed as to affect any suit or suits, that may have been commenced previous to the taking effect of this act. SEC. 2. Be it further enacted, That in all suits instituted in the courts of common pleas, for any cause of action mentioned in the first section of this act, and the plaintiff or plaintiffs shall not recover the sum of five dollars as therein named, if the plaintiff or plaintiffs shall appeal the said suit to the supreme court, and shall not recover a sum in damages, greater than that recovered in the court of common pleas, said plaintiff or plaintiffs shall pay all the costs that may accrue in the supreme court on the trial of said suit, and in case the defendant or defendants in any such suit shall appeal the same, and the plaintiff or plaintiffs shall recover any sum in damages against the defendant or defendants, the said defendant or defendants shall pay the costs that may accrue on the trial of such suit, in the said supreme court, any law or usage to the contrary notwithstanding. SEC. 3. Be it further enacted, That this act shall take effect and be in force from and after the first day of May next. JOHN BIGGER, Speaker of the house of representatives, December 19, 1821. Speaker of the senate. CHAPTER III. AN ACT, fixing the compensation of members of the General Assembly, their clerks and doorkeepers. SEC. 1. Be it enacted by the General Assembly of the state of Ohio, That each member of the senate and house of representatives, shall be entitled to receive for each days attendance on the business of legislation, the sum of two dollars; and also two dollars for every twenty-five miles of the esti mated distance, by the most usual route from his place of residence in going to and returning from the seat of the General Assembly. SEC. 2. Be it further enacted, That the clerk of the senate and the clerk of the house of representatives, shall each be entitled to receive the sum of five dollars; and the doorkeepers of each house, the sum of two dollars for each day whilst holding their respective appointments, during the session of the General Assembly. SEC. 3. And be it further enacted, That the second and third sections of the act establishing the salaries of certain officers therein named, passed January the eighteenth, eighteen hundred and sixteen, be and the same is hereby repealed. JOHN BIGGER, Speaker of the house of representatives. December 19, 1821. Speaker of the senate: CHAPTER IV. AN ACT, to repeal a part of the act entitled an act regulating the navigation of the Great Miami river and its main branches. SEC. I. Be it enacted by the General Assembly of the state of Ohio, That so much of the above recited act, and all other acts on the subject of the navigation of the Great Miami river, as relate to the navigation of the southwest branch of said river, commonly known by the name of Stillwater, be and the same is hereby repealed. This act to take effect and be in force from and after the passage thereof. JOHN BIGGER, Speaker of the house of representatives. ALLEN TRIMBLE, December 22, 1821. Speaker of the senate. CHAPTER V. AN ACT, to amend the act, entitled An act relative to permanent. leases, passed January 29th, 1821. SEC. 1. Be it enacted by the General Assembly of the state of Ohio, That the act, entitled An act relative to permanent leases, passed January twenty-ninth, eighteen hundred and twenty-one, shall not in any case be so construed as to authorize a valuation of school section number sixteen, in cases where the judgment has been or may hereafter be obtained for rent or interest due on such section, but such judgment or execution may be proceeded on, according to the stipulaz thons in said lease, or the law under which it was granted. JOHN BIGGER. Speaker of the house of representatives. ALLEN TRIMBLE, December 26, 1821. Speaker of the senate CHAPTER VL AN ACT, fixing the salary of the Governor, Secretary of state, Treasurer, Auditor, Chief Clerk in the Auditors office, Supreme Judges and President Judges of the courts of common plea... SEC. 1. Be it enacted by the General Assembly of the state of Ohio, That the several officers hereinaftermentioned, shall be entitled to receive for their respective services the fol lowing sums annually, to commence from their several appointments, and actually qualifying themselves according to law: To the Governor, one thousand dollars; to the Secre tary of state, eight hundred dollars; to the Treasurer of state, seven hundred dollars; to the Auditor of state, one thousand dollars; to the Chief Clerk in the Auditors office, six hundred dollars; to the Supreme Judges, each twelve hundred dollars, and to the President Judges of the courts of common pleas, each one thousand dollars, to be paid quarterly to wit: the thirty-first of March, thirtieth of June, thirtieth of September and thirty-first of December. SEC. 2. Be it further enacted, That all fees or compensation allowed by law to the auditor of state, for any certified copy or copies of surveys, or other documents in his office, shall be paid into the state treasury for the use of the state any law to the contrary notwithstanding. SEC. 3. And be it further enacted, That all acts and parts of acts allowing salaries to any of the officers mentioned in the first section of this act, be and the same are hereby repealed. This act shall take effect and be in force, so far as relates to the salary of the Governor, from and after the first Monday of December, eighteen hundred and twenty-two, and so far as it relates to all other officers named therein, it shall take effect and be in force from and after the passage. JOHN BIGGER, Speaker of the house of representatives. December 28, 1821. Speaker of the senate CHAPTER VII. AN ACT, to amend the act, entitled an act establishing seats of justice. SEC. 1. Be it enacted by the General Assembly of the state of Ohio, That in all cases where commissioners shall be appointed to fix the seat of justice, in any county not organized, it shall be the duty of said commissioners, to make report of their proceedings to the court of common pleas, of the coun ty to which the county they may be appointed to fix the seat of justice in, is attached for judicial purposes. SEC. 2. And be it further enacted, That the commissioners aforesaid shall be governed in all respects, except as is required of them by the first section of this act, by the provisions of the act, entitled "An act establishing seats of justice," and the said court of common pleas shall take cognizance of the proceedings of said commissioners, and be governed in all respects by the provisions of said act; and said commissioners shall be paid out of the treasury of the county to which said new county is attached. January 5, 1822 JOHN BIGGER, Speaker of the senate CHAPTER VIIL AN ACT, making a temporary appropriation to defray the ex penditures of the Penitentiary, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the state of Ohio, That the sum of two thousand dollars, be and the same is hereby appropriated, to defray the expenditures of the penitentiary, to be paid out of the state treasury, upon the order of the auditor of state. SEC. 2. Be it further enacted, That the sum of five hundred dollars, be and the same is hereby appropriated in part payment of the amount due P. H. Olmsted, for public printing, agreeably to contract. SEC. 3. And be it further enacted, That the following sums be and the same are hereby appropriated for the payment of certain sheriffs of the fourth congressional district, for bringing to the seat of government the returns of a special election, for a member of congress, held in said district on the second Tuesday of October, eighteen hundred and twentyone, to wit: for the payment of Rezin Arnold sheriff of Harrison county, twenty-six dollars and eighty-eight cents; William Allison sheriff of Guernsey county, twenty dollars and twenty-four cents; Jonathan Babb sheriff of Perry county, thirteen dollars and thirty-six cents; Horatio J. Cox deputy sheriff of Muskingum county, fifteen dollars and forty-four cents; Joseph Gadd deputy sheriff of Monroe county, twenty-six dollars and eighty cents; Robert Carroll sheriff of Jefferson county, thirty dollars and eighty-eight cents; Jacob C. Springer sheriff of Morgan county, nineteen dollars and seventy-six cents; William Perrine sheriff of Belmont county, twenty-six dollars and sixty-four cents; and Charles Miller sheriff of Coshocton county, seventeen dollars and four cents, and that the same be paid out of the state treasury upon the order of the auditor. JOHN BIGGER, Speaker of the senate January 1, 1822. |