Penalty on exporting without in spection the same, as directed by the third section of this act, and pay all the costs arising on the review. Sec. 11. Be it further enacted, That if any person or persons whatsoever shall export to any other state or country, from any county or place within this state, any wheat or rye flour, corn or buck-wheat meal, biscuit, butter or hogs lard, pork or beef, before the same shall have been inspected, marked and branded, as herein before directed, he, she or they, so offending, shall forfeit and pay, for every such offence, a sum not exceeding five hundred dollars, to be recovered before any court having jurisdiction thereof, one half to the use of the prosecutor or informer, and the other half to the use of the county: Provided Proviso always, That nothing herein contained shall be construed so as to prevent the exportation of any article or articles from any county in this state, previous to the appointment of an inspector therein. Power of Sec. 12. BE it further enacted, That the courts court to re of common pleas of the respective counties aforemove inspec said, shall have full power and authority, on tors on good complaint and sufficient cause shewn, to remove cause shewn from office any inspector appointed under this act, and to fill any vacancy that shall or may occur by death, removal or otherwise; and if any Penalty for counterfeit person or persons shall counterfeit the aforesaid ing brand or brands or marks, or either of them, or impress the same on any barrel, cask, firkin or keg, containing articles subject to inspection by this act, he, she or they so offending, and being legally convicted thereof, shall be deemed guilty of forgery, and de it with accordingly. mark Sec. 13. And be it further enacted, That an Repealing act, entitled “An act providing for the inspec clause sion of certain articles of exportation therein enumerated," be, and the same is hereby re pealed. This act shall take effect and be in force from Commence and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. 20th February, A. D. 1805. ment CHAPTER XXX. An act to amend the act, entitled "An act for the inspection of certain articles therein enumerated: What arti Sec. 1. Be it enacted by the general assembly of the state of Ohio, That no person or persons cles to be shall export from this state to any other state or inspected country any pot ashes or pearl ashes made, or before exfish, caught or packed within this state, until the portation under penal same have been inspected and branded as is hereafter mentioned, under the penalty inflicted by the eleventh section of the act to which this is an amendment. ties Sec. 2. BE it further enacted, That it shall Duty of in be the duty of the inspector of the county, ap- spector pointed under the authority of the act aforesaid, or his deputy of packer, upon application to him or them for that purpose, to inspect any pot ashes, pearl ashes or fish, that may be required, and stamp the same with branding irons, to be procured and paid for as in other cases provided for, in and by said act; which brands shall ex, press the kind and quality of the fish, or the quality of the pot or pearl ashes, and the names of the inspector and owner, and the place where the Manner of articles shall be inspected, and shall be made and lettered as may be directed by the court of common pleas of the county where the articles shall be offered for inspection, and the inspector shall in all other respects be governed by the provisions, and subject to the penalties provided in the act aforesaid. Sec. 3. And be it further enacted, That the packing and size and quality of fish barrels shall be the same salting fish as required in said act for pork and beef; and that only one kind or species of fish shall be packed in the same barrel, and that the quantity of salt shall be at least twenty-five pounds to cach barrel. Dimensions of barrels how branded tion Sec. 4. And be it further enacted, That all casks for pot or pearl ashes shall be made of good, seasoned white oak timber, with eighteen good hoops, and shall be two feet six inches in length, and eighteen inches in diameter at each head, and the tare and net weight of all barrels of fish, or pot or pearl ashes, shall be marked or branded on one head of the cask, by the inspector or his deputy, at the time of inspection. Sec. 5. And be it further enacted, That the Inspectors Compensa inspectors shall be entitled to receive from the owner of the articles, for inspecting each barrel of pot or pearl ashes, twelve and a half cents, and for inspecting and packing each barrel of fish, twenty-five cents, and for each mile's travel from his own house, to and from the place of inspection, three cents. Penalties to Sec. 6. And be it further enacted, That all be recovered offences against the provisions of this act, or the by indict act to which this act is an amendment, may be ment prosecuted by indictment as in other cases; and all forfeitures and penalties incurred by this act, or by the act to which this is an amendment, shall be paid to the county treasurer of the County where the offence shall have been committed, for the use of the county; and so much Repealing of the act, to which this is an amendment, as clause gives one half of such forfeitures and penalties to the prosecutor or informer is hereby repealed. MATTHIAS CORWIN, Speaker of the house of representatives. THOMAS KIRKER, January 15, 1812. Speaker of the senate. CHAPTER XXXI: An act directing the mode of proceeding in of courts of com. pleas Sec. 1. BE it enacted by the general assembly of the state of Ohio, That the courts of Jurisdiction common pleas shall have jurisdiction in all cases properly cognizable by a court of chancery, in which plain, adequate and complete remedy cannot be had at law. Sec. 2. Be it further enacted, That the su- Jurisdiction preme court shall have concurrent jurisdiction in of supreme all cases properly cognizable by a court of chan courts cery, in which plain, adequate and complete re medy cannot be had at law, where the title of land is in question, or the sum or matter in dispute exceeds one thousand dollars, and appellate jurisdiction in all cases regularly brought before them, from the chancery decisions of the courts of common pleas. Sec. 3. BE it further enacted, That all appli- Application cations to the chancery side of either of the said to be by peti courts shall be by petition, stating the nature and tion Subpoena to issue grounds of the complainant's claim, and shall be filed in the clerk's office of such court. Sec. 4. BE it further enacted, That on such petition being filed as aforesaid, the clerk shall, on the application of the complainant, issue a subpoena for the defendant to appear at the next term of the court, in order to answer the matters and things contained in the complainant's petition; which subpoena shall be to the effect following: The state of Ohio, county, ss. form thereof To the sheriff of the county of greeting: We command you, that you summon A B to appear before the judges of our supreme court, at the court house (or judges of our court of common pleas, as the case may require) on the day of instant, (or next ensuing) to answer a petition in chancery, exhibited against him by CD, and this he shall in no wise omit, under the penalty of one thousand dollars; and have then there this writ. Witness the honorable E F, chief judge (or president judge) of our said court, at the court-house, this day of Defendants to another in certain eascs G H. Which subpoena shall be signed by the clerk, sealed with the seal of the court, and bear date of the same day on which it is issued. Sec. 5. BE it further enacted, That if any may be sum person shall file a petition in chancery, in either moned from of the said courts, against a defendant or defendone county ants residing within such county, in which it shall be proper or necessary to join other defendant or defendants, residing out of such county, but within some other county of this state, it shall be lawful for the clerk of such court, on the application of the complainant, to issue a subpœna or subpoenas for such other defendant or |