Witnesses

imposed by this act, to be paid out of the trea, suries of the counties of Hamilton, Butler and Warren, in proportion to the quantity of Symmes's purchase contained in each of the three aforesaid counties respectively.

Sec. 5. And be it further enacted, That the how compen commissioners aforesaid shall allow to any persated son or persons, who may, under the provisions of this act, furnish them with true and genuine copies of the original field notes as aforesaid, such compensation as they may deem reasonable, to be paid from the county treasury of the proper county; and where any person is called upon to give evidence before said commissioners, at the request of a party interested, such witness shall receive the same compensation as is allowed to witnesses testifying in the courts of this state, to be paid by the person or persons at whose request he is called.

JOHN POLLOCK, Speaker of the house of representatives.

OTHNIEL LOOKER,

January 5, 1814.

Speaker of the senate.

CHAPTER XXV.

An act declaring the law in certain cases of actions upon covenants real, and for other purposes.

Whereas, It is represented to this general asPreamble sembly, that doubts are entertained whether any action can be sustained by the grantee in a deed of bargain and sale for the conveyance of lands against the grantor in such deed, upon the common covenant of general warranty, before

such grantee shall have been evicted from the possession of the lands so granted or conveyed; and, whereas, it is essential to right and justice that such doubts be removed :

Therefore,

cases

Sec. 1. Be it enacted and declared by the ge. Grantee may neral assembly of the state of Ohio, That the have action grantee or his or her heirs, in all deeds of bar. in certain gain and sale for the conveyance of lands, containing the common covenants of general warranty, shall and may maintain an action of covenant against the grantor in such deed, his heirs, executors or administrators, upon such common covenant of general warranty, in the same manner that such grantee. or his or her heirs might have done, had such deed contained also a covenant of seizin on the part of the grantor; and such action may in like manner be commenced before the grantee, or his or her leirs have been evicted, and shall be supported by the same evidence; and the plaintiff shall be entitled to recover the same quantum of damages as in the case of action brought upon a covenant of seizin.

without title

Sec. 2. BE it further enacted, That if any Persons sel person shall sell and convey, by any deed of ling lands conveyance or assurance containing covenants subject to of either general or special warranty, any tract suit, &c. of land having at the time of such sale and conveyance no title either in law or equity to the land so sold and conveyed, such vender know. ing at the time of sale that he had no title either in law or equity to the land so as aforesaid sold and conveyed; or if any person shall sell or Agents sel convey any tract of land as agent or attorney ling lands in fact for any other person, not being legally without pro authorised so to do, it shall and may be lawful per authority subjected as for the purchaser to have and maintain an ac- aforesaid

Manner of

tion upon the case for deceit, against the grantor, in such deed, or such pretended agent or attorney in fact, in which action the plaintiff shall recover against the defendant the full value of the lands so sold and pretended to be conveyed, together with the value of the improvements thereon, both to be estimated at the time of action brought.

Sec. 3. And be it further enacted, That in proceeding all cases where suit shall be brought on any in such cases deed, bond, article of agreement, or any other

Proviso

written contract, given or entered into for the sale or conveyance of land, or any action on the case, by virtue of the second section of this act, the plaintiff may sue out his summons in the county in which such lands lie, be or are situate, directed to the sheriff or coroner (as the case may be) of any other county in which the defendant in such suit may be or reside; and the sheriff or coroner to whom the same may be directed, shall serve and return such summons to the court that issued the same, and such court shall in all respects proceed thereon as if the defendant resided in their proper county: Provided however, That no judg ment by default shall be taken in any such cause, until the next succeeding term after such summons shall be returned executed.

JOHN POLLOCK,

Speaker of the house of representatives,

THOMAS KIRKER,

Speaker of the senate.

January 2, 1815,

CHAPTER XXVI.

An act allowing and regulating writs of attach

ment.

Creditor,

agent or

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That if any creditor, or in case of his absence or disability, his agent or at.* torney, shall make oath or affirmation in writing, attorney before any judge of the supreme court, president making oath or associate judge of the court of common pleas, or justice of the peace, that his debtor absconds to the injury of his creditors, as he verily believes, and shall file such oath or affirmation with the clerk of the court of common pleas, such clerk shall thereupon issue a writ of attachment, di- Clerk to rected to the sheriff or coroner, as the case may require, commanding him to attach the lands, tenements, goods, chattels, rights, credits, monies and effects of such debtor wheresoever they may be found; and if any clerk shall issue such writ of attachment, before oath or affirmation be taken and filed as aforesaid, such writ shall be quashed issued before Quashed if on motion, at the proper cost of the clerk issuing oath

the same.

Sec. 2. Be it further enacted, That the proper

manner of executing such writ, shall be as fol

issue writ

lows: The officer to whom it is directed, shall Manner of go to the place where the defendant's property is executing or may be found, and there in the presence of two writ creditable persons at least, declare that by virtue of the writ to him directed, he attaches the lands, tenements, goods, chattels, rights, credits, monies and effects of the said defendant, at the suit of such plaintiff in attachment, and the said officer with the assistance of two or more respectable freeholders, who shall be under oath or affirmation, shall make a true inventory and appraise

ment of all the property so by him attached, which inventory and appraisement shall be signed by the said officer and freeholders aforesaid, and shall be annexed to and returned together with the writ; and the said officer shall endorse on the said writ the time of serving the same and subscribe his name thereto; and such writ when served shall bind the property and estate of the defendant so as aforesaid attached, from the time of executing the same.

Sec. 3. Be it further enacted, That the proProperty attached to perty so attached, shall remain in the care and remain in safe-keeping of the said officer, to abide and sakeeping of tisfy the judgment of the court, unless the garthe officer, nishee or person in whose custody or possession the said property shall be found, shall enter into and security bond to the officer with two good and sufficient be given for sureties, being freeholders within the county, its forth com in double the appraised value of such property, ing

unless bond

Provise

Persons

ty in posses.

sion

with condition that such property, or the appraised value thereof, shall be forth coming, to answer the judgment of the said court: Provided, That in case it should be made to appear to the satisfaction of the court that the property so attached or any part thereof, shall have been lost or destroyed, by unavoidable accident, it shall be in the power of the court to remit the value thereof to the person so bound as aforesaid.

Sec. 4. Be it further enacted, That if the plaintiff or other credible person shall make oath or supposed to affirmation that he has good reason to believe and have proper does verily believe that any person or persons, (naming such person or persons,) hath or have property, (describing the same as nearly as may if not come be,) in his or their possession, belonging to the at to sum defendant in attachment, and if the officer making service of such writ of attachment cannot come at the property of the defendant in the hands and

mon the person as garnishee