ings may be removed by certiorari, into the court of common pleas, holden in such county, and be there quashed for irregularity, if such there be; nor shall such judgment be a bar to any after action, brought by either party.

Sec. 6. Be it further enacted, That nothing Not to effect in this act contained, shall be construed to ex 3 years quiet tend to any person, who hath had the occupa- possession tion or quiet possession of any lands or tene

ments, for the space of three whole years together next before, and whose estate therein is not ended or determined.

Sec. 7. BE it further enacted, That a law Repealing against forcible entry and detainer, adopted from clause the Massachusetts code, and published at Cincinnati the fourteenth day of July, one thousand seven hundred and ninety-five, be, and the same is hereby repealed.

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,

ment

February 2, 1805.

Speaker of the senate

CHAPTER LXXI.

An act directing the mode of proceeding against collectors in certain cases.

Sec. 1. Be it enacted by the general assem- Supreme bly of the state of Ohio, That when any cause court how has or may be brought before the supreme to proceed court between the auditor of the state and any

sheriff or collector or their sureties, by a writ of

D

Commencé

ment

certiorari. allowed by the supreme court or one of the judges thereof. for the recovery of taxes due the state from said sheriff or collector, and when it appears that so many of the judges of the court of common pleas are a party or in such way interested as to prevent a quorum, that then the judges of the supreme court shill cause execution to issue and be returnable against said sheriff or collector or his sureties, as the case may be, in the same manner and under the same regulations that the law authorises the court of common pleas to proceed in similar cases.

Sec. 2. And be it further enacted, That this act shall take effect and be in force from and after the passage thereof.

JOHN SLOANE,

Speaker of the house of representatives.

JAMES PRITCHARD,

December 12, 1805.

Speaker of the senate.

Time of

tions

CHAPTER LXXII.

An act to provide for the election of electors of the president and vice president of the United States.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the qualified electors holding elec of this state shall, on the first Friday of November next, and on the fifth Friday preceding the first Wednesday in December in every fourth succeeding year, assemble in their respective townships, at the places designated for holding elections, and proceed to elect a number of electors of president and vice-president of the

United States, equal to the number of senators and representatives this state shall be entitled to in the congress of the United States, which elections shall commence and close at the same hour, and be conducted in the same manner, and of which the sheriffs of the counties respectively shall give the same notice as is or may be directed by law for electing members of the general assembly of the state; but no senator or representative in congress, or person holding an office of trust or profit under the United States. shall be eligible as an elector of president and vice-president.

Sec. 2. Be it further enacted, That it shall be the duty of the judges of elections in each town. Duty of the ship, forthwith after the close of the elections, the close of judges after to seal up one of the poll books of the election, the election which shall be carried within three days after the day of election, to the sheriff of the proper county, who shall attend the two days next succeeding the election, at the seat of justice of his county, for the purpose of receiving poll books as aforesaid, and if the judges of the election, or any one of them, shall fail to carry the poll book as aforesaid, they shall forfeit and pay to the state the sum of one hundred dollars, to be recovered by an action of debt, before any court having cognizance thereof.

Sec. 3. Be it further enacted, That the she- Sheriff duty riffs, upon receiving the poll books as aforesaid, shall administer an oath or affirmation, to each judge who shall deliver any poll book, that he was a judge of said election. and shall endorse a certificate of having administered such oath or affirmation on the poll book or packet delivered to him, and shall moreover give the judge dele seat vering the poll book a receipt for the santion it which receipt the judge shall file with

Secretary to

open poll books

of the proper county; and the said sheriff, on the receipt of the poll book, shall deliver or cause them to be delivered to the secretary of state, at his office, within eleven days after the election, under the penalty of one thousand dollars, to be recovered as aforesaid.

Sec. 4. Be it further enacted, That the said poll books shall, on the twelfth day next after the election, be opened by the secretary of state, in the presence of the governor and the aforesaid sheriffs, or such of them as choose to attend; the secretary shall cause the poll books, as they are opened, to be read aloud, and shall make out a fair abstract of the names of the persons voted for, and the number of votes given to each, and the governor shall forthwith make out for the persons having the greatest number of votes, certificates of their having been duly elected as electors of president and vicepresident of the United States, and transmit, by special messenger, the proper certificate to each person so elected, and shall cause the election of electors to be published in the newspapers printed at the seat of government; but if more than the number of persons to be elected, have the greatest and an equal number of votes, then the election of those having such equal number of votes shall be determined by lot, to be drawn by the secretary of state, in the presence of the governor and sheriffs as aforesaid: The governor shall transmit the proper certificate, and cause publication to be made as aforesaid, and the said poll book shall be kept in the secretary's office, subject to the inspection of any person who may choose to examine the same.

tov Sec. 5. BE it further enacted, That the electelec who shall be chosen as aforesaid, shall, at electors dielock on the day which is er may be

directed by the congress of the United States, meet at the seat of government of this state, and shall then and there perform the duties enjoined upon them by the constitution and laws of the United States.

Sec. 6. Be it further enacted, That the seve- Judges, &c. ral persons who shall be appointed to conduct how punish the election of electors of president and vice. ed for impro president of the United States shall, for neglect per conduct of duty or for improper conduct, be liable to the same penalties and forfeitures as are or may be provided by the law for regulating elections in this state.

Sec. 7. Be it further enacted, That the judges and clerks of the township elections, and clerks of the different counties, shall be paid out of their respective county treasuries such compensation as the board of commissioners of their respective counties may direct; the sheriffs of the several counties of the state, and the electors of president and vice president, together with the expences of publication, and transmitting of the certificates aforesaid, shall be paid out of the state treasury such compensation as the general assembly, at their next session, shall provide by law.

Judges, &c.

kow paid

Electors to

Sec. 8 And be it further enacted, That each of the said electors shall. before the hour of nine give notice o'clock, A. M. on the day next preceding the to the gover day of election of president and vice-president nor of the United States, give notice to the governor that he is at the seat of government, and ready to perform the duties of an elector; and it shall be the duty of the governor, on the day of the meeting of the said electors, between the hours of nine and ten o'clock, A. M. to inform the legislature who of the electors are at the seat of government, and if by that information it