Constable

neither purchase directly nor indirectly, any of not allowed the property so sold; and any justice or constato purchase ble so offending, shall forfeit and pay for every

Executions not to affect share of the

landlord's

Crop

such offence, the sum of twenty dollars, to be recovered by action of debt, in any court having competent jurisdiction, one half to the person prosecuting for the same, and the other half for the use of the proper township, and shall moreover be liable to the action of the party aggrieved. Sec. 40. Be it further enacted, That in all cases where any person shall let or lease lands, reserving a rent payable in kind out of the produce to be raised upon such lands, the interest of the landlord to the proportion of the produce so reserved, shall not be divested or affected by any execution or attachment against the lessee, which may be levied upon such produce before the same has been divided, and the shares of the landlord set apart to him; but all executions and attachments levied upon such produce as aforesaid, shall be levied, subject to the claims of the landlord for rents reserved as aforesaid. Piff. suing Sec. 41. Be it further enacted, That if any in court and person or persons shall commence or prosecute recovering any suit, for any debt or demand, by this act less than 70 made cognizable, before a justice of the peace, in any other court than is authorised and directed by this act, and shall obtain a verdict or judgment therein or debt or damages, which without costs of suit, shall not amount to seventy dollars or more, he, she or they so prosecuting, shall not recover any costs in such suits, any law to the contrary notwithstanding : Provided always, That where any appeal is taken from the docket of any justice of the peace in this state, where the same is entered on non-suit, the appellant shall not recover costs, any thing in this act to the contrary notwithstanding.

dolls. to pay:

test

Provise

Sec. 42. Be it further enacted, That the act Repealing entitled, "An act defining the duties of justices clause of the peace and constables in criminal and civil cases," passed the eighteenth day of February, one thousand eight hundred and nine, and the second and third sections of the act entitled, "An act providing for the service of process in civil and criminal proceedings in certain cases," passed the twentieth day of February, one thousand eight hundred and twelve, be; and the same are hereby repealed.

This act to take effect, and be in foree; from Commence and after the first day of June next.

JOHN POLLOCK,

Speaker of the house of representatives.

OTHNIEL LOOKER,

ment

February 11, 1814.

Speaker of the senate.

CHAPTER XVIII.

An Act regulating the practice of physic and surgery.

WHEREAS the practice, of physic and sur- Preamble gery is a science so immediately interesting to society that every encouragement for its promotion should be given, and every abuse of it, so far as possible, suppressed-Therefore,

Sec. 1. Be it enacted by the general assembly The state of the state of Ohio, That this state be, and it divided into hereby is divided into five medical districts: the five medical first district shall consist of the counties of districts Hamilton, Clermont, Warren, Green, Butler, Montgomery, Preble, Miami, Dark, Clinton, and any future subdivisions thereof the second

P

district shall consist of the counties of Adams, Higliland, Fayette, Madison, Scioto, Ross, Franklin, Delaware, Fairfield, Champaign, Pickaway, and all future subdivisions thereof-the third district shall consist of the counties of Washington, Athens, Gallia, and all future subdivisions thereof the fourth district shall consist of the counties of Muskingum, Tuscarawas, Licking, Knox, Richland, Wayne, Coshocton, Guernsey, and all future subdivisions thereof the fifth district shall consist of the counties of Jefferson, Belmont, Columbiana, Stark, Trumbull, Geauga, Ashtabula, Cuyahoga, Portage, Huron, and all future subdivisions thereof; each district to contain three medical censors or exappointed in aminers, to be appointed by the general assembly sach district of the state of Ohio, who shall hold their appointments during good behaviour, or until such time as a medical society shall be incorporated in this state.

Three cen

sors to be

Names of censors

Sec. 2. Be it further enacted, That the fol lowing named persons be, and they hereby are appointed medical censors or examiners, and duly constituted a medical board, for the purpose of examining candidates for the practice of physic, surgery, or midwifery, in manner hereinafter specified in the several districts to which their names are attached, namely, in district No. 1, Joseph Canby, Richard Allison, and Daniel Drake; in district No. 2, Edward Tif. fin, Alexander Campbell, and Joseph Scott; in district No. 3, Leonard Jewit, Eliphaz Perkins, and Samuel P. Hildreth; in district No. 4, John Hamm, John J. Brice, and Robert Mitchiell; in district No. 5, George Wilson, John M'Dow ell, and Thomas Campbell; and each of the said censors or examiners shall, before he enters on the duties assigned to him by this act, take an oath

er affirmation, before some person legally au- Censors to thorised to administer oaths, faithfully and impar. take an oath tially to discharge his duty as a censor or examiner, agreeably to the true intent and meaning of this act, a record of which shall be made by the secretaries of the different boards.

Which shall

be recorded

Sec. 3. Be it further enacted, That when any Persons person is desirous of exercising the profession of must obtain a physician or surgeon, within the limits of this a license before they state, as a means of obtaining a livelihood, he proceed to shall first obtain a license for that purpose from practise some one of the medical boards abovementioned.

Sec. 4. Be it further enacted, That in case of Vacancies, the death, resignation, or removal from office of how filled any censor, notice thereof shall be given to the next succeeding legislature, by the secretary of the board, and the general assembly shall appoint a person to fill such vacancy.

Sec. 5. Be it further enacted, That no person Persons to shall receive a license to practice in either of the produce a above branches, who shall not produce a certifi- certificate cate to the satisfaction of the board, that he is a and undergo an examina person of a good moral character, and has attend- tion before a ed three full years to the theory and practice of license is medicine, under the guidance of some able phy. granted sician or surgeon, or a license from some medical society, shewing his having been admitted as a practitioner, and give satisfactory answers to such questions as may be put to him by the censors or examiners, in anatomy, surgery, materia medica, chemistry, and the theory and practice of physic.

without licence not

Sec. 6. Be it further enacted, That if any Persons person who shall not be, at the time this act shall practising take effect, a resident of this state and a regular practitioner of physic or surgery, shall presume to recover to act in the capacity of a physician or surgeon, their fees by without license as required by this act, except in law

Form of

cases of urgent necessity and where no regular physician can be obtained, the person so offending shall be deprived of the assistance of the laws of this state in the collection of any debts or fees: which may arise in such practice.

Sec. 7. BE it further enacted, That every license to be licence granted for the purposes abovementioned, granted shall be either printed on smooth handsome paper, or written on parchment, in a fair round hand, in words and form as followeth :

STATE OF OHIO,

Medical District No.

Know all men by these presents, that we,

County of

medical censors for

and do find him duly qualified for the praetice of medicine. We, therefore, by the authority in us vested, do license him to practice physic and surgery within the bounds of this state. In testimony whereof, we have subscribed our names and affixed the seal of office. Done at day of in the year

this

of our Lord one thousand, &c.

Medical

November

Sec. 8. BE it further enacted, That the mediboards to cal boards in the several districts shall meet on meet on the the first Monday in June and on the first Monday 1st Mondays in November, in every year, for the purpose of of June and granting licenses as aforesaid; and a majority of them so met may proceed to discharge the duties enjoined on them by this act; and for every Five dollars license so granted, they shall receive five dollars, to be receiv for the purpose of defraying the expenses of their license office, and shall publish immediately after each

ed for each