Duty of justice

Proviso

Compensa

ion to fence viewers

assessment, including the sum due the fenceviewers for their services, by this act allowed, the said fence-viewers or a majority of them shall, under their hands and seals, certify and deliver to the person sustaining the damages, and if the owner or possessor of such trespassing animal or animals aforesaid, refuses to pay the said damages on demand, the person injured may deliver said certificate to any justice of the peace within the township, who shall issue process thereon, as in other cases of damages, and after trial had, shall enter up judgment and issue ex. ecution thereon, agreeable to law.

Sec. 3. Be it further enacted, That if it shall appear to such justice that damage hath been done to the plaintiff, he shall give judgment for the amount thereof (or double the amount, as the case may be) with costs of suit, and shall issue execution thereon, in the same manner and under like regulations as is by law directed in other cases tried before a justice of the peace; but if it shall appear that the plaintiff hath not sustained any damage, the justice shall give judgment against him, and award execution thereon for the costs of suit: Provided nevertheless, That either party shall have the privilege of an appeal to the court of common pleas, as in other causes tried before a magistrate.

Sec. 4. BE it further enacted, That the sum of fifty cents per day, shall be allowed to each of the viewers of fences, for their services rendered under this act; and if any person directed to view and report the situation of any fence as aforesaid, shall fail or refuse to do the same, not having a reasonable excuse for such failure or refusal, such person shall be subject to a fine not exceeding two dollars, at the discretion of the magistrate, for the use of the township.

Sec. 5. And be it further enacted, That all Repealing laws and parts of laws, heretofore passed upon clause this subject, be, and they are hereby repealed.

This act shall commence and be in force from Commence and after the first day of July next.

MICHAEL BALDWIN,
Speaker of the house of representatives.

DANIEL SYMMES,

Speaker of the senate.

2d day of February, A. D. 1805.

ment

CHAPTER LVI.

An act authorising and regulating arbitrations.

Sec. 1. BE it enacted by the general assem- Persons may bly of the state of Ohio, That all persons who submit con have any controversy or controversies, except troversies to where the possession or title of real estate may arbitration come in question, may submit said controversy or controversies to the umpirage or arbitration of any person or persons, to be mutually agreed upon by the parties, and they may make such submission a rule of any court of record within this state.

any

Sec. 2. BE it further enacted, That when persons have agreed to submit any matter or matters in controversy between them to umpirage or arbitration as aforesaid, and to make the same a rule of court, they shall enter into arbitration bonds, which bonds shall be conditioned for the faithful performance of the award or umpirage, and set forth the name or names of the umpire or arbitrators, and the matter or matters

Parties to en ter in arbitra tion bonds

Bonds to spe

submitted to his or their determination, and shall also expressly state their agreement, that the submission may be made a rule of any court of record within this state, or that it may be made a rule of such particular court as they may name or point out in their submission.

Sec. 3. Be it further enacted, That the said cify time and arbitration bonds shall specify some time and place place, at which the umpire or arbitrators shall attend, to hear and determine upon the matter or matters in dispute, and may also give said umpire or arbitrators liberty to adjourn. from time to time, until the umpire is prepared to make up his umpirage, or the arbitrators are agreed upon their award: Provided, Some time certain be fixed in said bonds, at which said umpirage or award shall be made up.

Sec. 4. Be it further enacted. That the parParties enti ties shall have the benefit of legal process to tled to legal compel the attendance of witnesses, which procompel the cess shall be issued by the clerk of the court of common pleas for any county, or by any justice of witnesses of the peace for the township where the arbitra

process to

attendance

tion or umpirage is held, so far as his jurisdietion extends, and shall be returnable before the umpire or arbitrators on a day certain, and any person disobeying such process, shall be deemed guilty of contempt of the court from which such process issued, and shall be subject to the same penalties and forfeitures as are provided for disobeying writs of subpoena in other cases; and the costs of such witnesses shall be taxed by the umpire or arbitrators, according to the provisions contained in the law ascertaining the fees of witnesses, which costs, together with the sum hereinafter allowed to the umpire or arbitrators, shall be stated in the award or umpirage, and shall be made a part of the rule of court,

and all witnesses examined by the umpire or ar bitrators, shall be under oath or affirmation, which oath or affirmation any justice of the peace of the proper county is hereby authorised to administer.

Sec. 5. Be it further enacted, That the award The award or determination of the umpire or arbitrators, to be in writ shall be drawn up, in writing, and shall be sign. ing ed by such umpire, or by a majority of the arbitrators agreed upon in the submission, and a true copy of the said award or umpirage shill, without delay, be delivered by the umpire or of to be deli Copies there arbitrators, to each of the parties, and if either vered to the of the parties shail refuse or neglect to obey the parties said award or umpirage, the other party may return the same, together with the submission or arbitration bond to the court named in the submission, or if no particular court be named in the submission, then to the court of common pleas or the supreme court, and the submission and award or umpirage so returned, shall be entered on record, and filed by the clerk, and a rule of court thereupon made, and after such rule is made, the party disobeying the same, shall be liable to be punished as for a contempt Award how of court, either by sequestration or execution, enforced as the nature of the case may require, which process shall not be stayed or impeded by order of any other court of law or equity, or by the court from whence it issued, until the parties shall, in all things, obey the award or umpirage, unless it shall be made to appear on oath or affirmation, that the umpire or arbitrators misbehaved, and that such award or umpirage was obtained by fraud, corruption or other undue means, and no testimony shall be received to &c. to set Corruption impeach or invalidate the said award or umpi- aside award rage, after the next term to which the submis

Proviso

Compensa tion to the umpire

Repealing clause.

Commence ment

sion was made a rule of court: Provided, That before any submission be made a rule of court, the party moving for such rule, shall produce to the court satisfactory proof of the due execution of the submission or arbitration bond, and also that the party refusing or neglecting to obey the award or umpirage, hath been furnished with a true copy thereof, at least ten days before the award or umpirage is returned to the clerk of any court in this state, to be entered on record, and filed in his office.

Sec. 6. Be it further enacted, That the umpire or arbitrators shall be entitled to receive each, the sum of one dollar, for each and every day they shall be employed in performing the duties of their appointment.

Sec. 7. And be it further enacted, That a law, entitled 'An act authorising and regulating arbitrations,' passed November the fifteenth, one thousand seven hundred and ninety-nine, be, and the same is hereby repealed.

This act to take effect and be in force from and after the first day of July next.

MICHAEL BALDWIN, Speaker of the house of representatives,

DANIEL SYMMES,

Speaker of the senate.

14th February, A. D. 1805.

Three com

CHAPTER LVII.

An act establishing seats of justice.

Sec. 1. Be it enacted by the general assembly

missioners of the state of Ohio, That for each new county established during the present or any future ses

appointed