particularly, the metes and bounds of all tenements so divided and apparted, which plan or map, field book and description, the persons or inquest shall sign and send, under seal, to the next court having cognizance of the same, and after division and return thereof shall be made to the court, it shall be examined by the court, and if found justly and accurately made, the clerk shall record such return, which record shall be deemed as valid and effectual in law, for the partition of such lands, tenements or hereditaments, and thereupon the party or parties shall have and hold the shares or parcels to them respectively allotted, in severalty. costs and is Sec. 7. BE it further enacted, That the court before whom any partition shall be had, shall tax Court to tax the costs and expenses which may accrue on sue execu such proceedings, and shall issue execution tion thereupon, against such person or persons, their goods, chattels, lands, tenements and hereditaments, of whom partition is demanded, as shall not have paid their proportion of the costs and expenses so taxed: Provided however, That where the parties concerned shall appear and agree upon a person or persons to make partition for them as is hereinbefore provided, then and in that case, the costs and expenses thereafter accruing shall be taxed in due and just proportion against all the parties. Sec. 8. Be it further enacted, That the guar- Power of dians of all minors are hereby respectively autho- guardians rised and empowered, on behalf of their wards, to do and perform any act, matter or thing, respecting the partition of lands under this act, and the same shall be deemed valid and effectual in law, to every intent and purpose, as if the same had been done by such minor, after his arrival at full age. Repealing clause Sec. 9. Be it further enacted, That all laws and parts of laws, for the partition of real estate, in force at the time of the passing of this act, be, and the same are hereby repealed. ELIAS LANGHAM, Speaker of the house of representatives. 1st February, 1804. Speaker of the senate. Treasurer's duty CHAPTER LXXVII. An act empowering the treasurer of state to receive from the secretary of the treasury of the United States, monies granted for the opening roads within the state. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the treasurer of this state be, and he is hereby authorised and empowered to receive from the secretary of the treasury of the United States, all money that now is or hereafter may become due to this state, by virtue of the act of congress, entitled 'An act in addition to, and in modification of the propositions contained in the act, entitled An act to enable the people of the eastern division of the territory north-west of the river Ohio, to form a constitution and state government, and for the admission of such state into the union on an equal footing with the original states, and for other purposes;' and the money so paid into the hands of the treasurer shall remain in the treasury, until drawn out by some act pursuant to the intention for which it was granted. Sec. 2. And be it further enacted, That it shall be the duty of the secretary of state to forward a copy of this act to the secretary of the treasury of the United States, within thirty days from the passage thereof. MICHAEL BALDWIN, NATHL MASSIE, 15th April, 1803. Speaker of the senate CHAPTER LXXVIII. An act providing for the election of sheriffs and coroners, in certain cases. how filled See. 1. BE it enacted by the general assembly of the state of Ohio, That when any sheriff Vacancies or coroner shall die, or by any other means be incapacitated to serve as sheriff or coroner, it shall be the duty of the associate judges, or any two of them, of the county where such vacancy may happen, to appoint a day, without delay, on which the qualified electors of the said county shall meet in their respective townships and districts. and proceed to the election of a sheriff or coroner (as the case may be) in the same manner as is directed in case of the election of a sheriff or coroner at the general election, agreeable to an act, entitled 'An act regulating elections,' passed the day of and the said sheriff or coroner so elected, shall performi the same duties and be liable to the same penalties as sheriffs or coroners in other cases, and shall continue in office until the next general Bay of elec tion to be ap pointed by judges Clerks abo lished to de liver over books, &c. election, and until another sheriff or coroner fas the case may be) shall be elected and qualified agreeable to law. Sec. 2. Be it further enacted That when any new county is laid off or erected, it shall be the duty of the associate judges, or any two of them, within said county to appoint a day on which the qualified electors shall meet at the temporary seat of justice, giving at least ten days notice thereof in six of the most public places in said county of such election, and proceed to elect one sheriff and one coroner. in the same manner as is directed in the foregoing section of this act, except that the return of the votes given for the different candidates shall be made to the associate judges of said county, or any two of them, who shall give to the two persons who stand highest in votes for the different offices, a certificate of their respective elections, and in consequence of such certificate the governor is hereby authorised to grant commissions to the persons elected, accordingly. And the sheriff or coroner so elected shall perform the same duties, and be liable to the same penalties as in other cases, and shall continue in office until the next general election, and until another sheriff and coroner shall be elected and qualified, agreeably to law. Sec. 3. And be it further enacted, That the clerks and prothonotaries of the several courts abolished by the act, entitled 'An act organis. ing the judicial courts,' are hereby required to deliver over to the clerks of the supreme court or courts of common pleas in the respective counties, all the books, records, vouchers, documents and other official papers in their possession; and the said clerks of the supreme court and clerks of the courts of common pleas respectively are hereby authorised and required MICHAEL BALDWIN, NATHL. MASSIE, Speaker of the senate. 15th April, 1803. CHAPTER LXXIX. An act for the prevention of frauds and perjuries. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That all deeds of gifts and Fraudulent conveyances of goods and chattels, made in deeds to be void 3 trust to the use of the person or persons making the same, shall be, and hereby are declared to be void and of no effect. Sec. 2. Be it further enacted, That every ances gift, grant or conveyance of lands, tenements, Also grants Possession Sec. 3. BE it further enacted, That where any loan of goods and chattels shall be pretend- for five years ed to have been made to any person with whom to give right (or (or those claiming under him) possession shall have remained for the space of five years, such goods and chattels shall be deemed the property of the person having had such possession, unRR 3 |