against the United States, on or before the last ABRAHAM SHEPHERD, THOMAS KIRKER, Speaker of the senate. December the 20th, 1806. CHAPTER LXVII. An act to prevent private lotteries. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That no person or persons shall, without a special act of the legislature, within this state open, set on foot, carry on, promote, draw or make publicly or privately, any lottery, game or device of chance of any nature or kind whatsoever, or by whatever name, denomination or title it may be called, known or distinguished, or shall by such ways or means, expose or set to sale any houses, lands, tenements or real estate, or any goods, wares or merchandises, cash or other thing or things whatsoever; and that every person, who shall offend in the premises against the true intent and meaning of this act, and shall thereof be convicted in the court of common pleas, in the county in which such offence was committed, Penalty for shall be fined in a sum not exceeding five thou. setting on sand dollars, to be paid into the treasury of the foot private county in which such conviction shall take lotteries place. Sec. 2. Be it further enacted, That if any person or persons shall vend, sell or barter, or For selling offer to vend. sell or barter, any ticket or tick or bartering ets of such lottery or device of chance, or be tickets, &c. any ways concerned in such lottery, game or device of chance, either by printing or writing or publishing an account thereof, or where tickets may be had or obtained for the same, or be in in any wise aiding in the same, every person shall, on conviction thereof, as above mentioned, in the event before mentioned, forfeit and pay, for every such offence, a sum not exceeding twenty dollars, and the costs of prosecution, to be levied and applied in like manner as is directed with respect to other forfeitures herein before mentioned. Penalty therefor Sec. 3. And be it further enacted, That the Grand juries, grand juries in the several counties in this state their duty shall, at the several terms of the courts of comunder this mon pleas in their respective counties, make act strict inquiry, and present every person who shall offend against the provisions of this act, by information or indictment. And it is further made the duty of the presidents of the courts of common pleas, and in case of their absence, the their duty senior associate judges at each term, especially to give this law in charge to them. President and senior associates, underthis act Commence ment This act shall take effect and be in force, from and after the first day of May next. ABRAHAM SHEPHERD, Speaker of the house of representatives. THOMAS KIRKER, Speaker of the senate. January the 30th, 1807. CHAPTER LXVIII. An act regulating enclosures. Fences to be Sec. 1. Be it enacted by the general assembly of the state of Ohio, That whenever the fields, kept up mu meadows, lots or other enclosures of any two or tually more persons are divided by a fence or palings of any kind, such fence or palings shall be erected and kept in repair at the joint and equal expense of the parties owning the enclosures on each side of such fence or palings: Provided, always, That when either of the parties thinks proper to vacate such field, meadow, lot or other enclosure, that he shall be released from the before recited provisions of this act. Persons 24 Sec. 2. BE it further enacted, That in all cases where a fence or palings has been, or here- joining a after may be erected by any person on the line fence to pa of his, her or their land, or that on which he, she half expense or they may have a lease, and the person owning or leasing the land adjoining thereto, shall make or cause to be made, an enclosure or enclosures on the opposite side of such fence or palings, so as the same may answer the purpose of enclosing one side of his, her or their field, meadow, lot or other enclosure, such person or persons shall pay to the person erecting such fence, one half the value thereof, to be adjudged and assessed by the fence viewers of the township in which such fence is situate, and recovered by action of debt, before any court having competent jurisdiction thereof. ties cannot Sec. 3. Be it further enacted, That wherever the parties concerned, as in the first section of Where par this act mentioned, cannot agree between themagree fence selves on the part or portion of such fence or pa- viewers to lings by each party to be kept in repair, either determine N N Horses, &c. trespassing party may apply to the fence viewers of the township in which such fence is situate, who shall proceed, on application as aforesaid, to view and assign to each party, his, her or their equal part of such fence or palings, by him, her or them to be kept in complete repair, which decision shall be final and conclusive between the parties; and the said fence viewers shall be entitled to demand and receive, for each day's service to be rendered as aforesaid, seventy-five cents each, to be paid in an equal proportion by the persons interested. Sec. 4. And be it further enacted, That if any horses, neat cattle or other beasts, shall injure or trespass on the ground or enclosure of any person in consequence of any partition fence erected as aforesaid, not being a sufficient and legal fence, the person failing or neglecting to keep his part of such partition fence in complete repair, shall forfeit and pay, to the person injured, all damages thus sustained, which shall be assessed by three judicious men, to be appointed by a justice howassessed of the township, and recovered by action of debt, before any court proper to try the same. Damages Commence ment This act shall take effect and be in force from and after the first day of May next. ABRAHAM SHEPHERD, Speaker of the house of representatives. THOMAS KIRKER, Speaker of the senate. January 24th, 1807. CHAPTER LXIX.. An act requiring owners and occupiers of salt works and wells to enclose the same. Sec. 1. Be it enacted by the general assembly Saltworks to of the state of Ohio, That all owners or occu- be enclosed piers of any salt works or salt wells shall suffici ently enclose and keep enclosed all such parts of said works containing open wells, bitter water or unoccupied pits. Sec. 2. Be it further enacted, That all owners Unoccupied of any unoccupied salt works or salt well, or salt wells to wells sunk for salt water, and remaining open, be enclosed shall enclose the same with a good and lawful fence, and keep the same in good and constant repair. Sec. 3. And be it further enacted, That if any Penalty for owner or occupier of any salt works or salt wells failure as aforesaid shall neglect or refuse to comply with the provisions of this act, such owner or occupier, so offending, shall, on conviction thereof, before any court having jurisdiction of the same, be fined, for every such neglect or refusal, in a sum not exceeding one hundred dollars, at the discretion of the court, for the use of the proper county, and shall moreover be liable to the action of any person or persons that may be injured by such neglect or refusal. This act to take effect and be in force from Commence and after the first day of April next. EDWARD TIFFIN, Speaker of the house of representatives, THOMAS KIRKER, ment January 30, 1811. Speaker of the senate. |