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subject of the election of justices of the peace, be, and the same are hereby repealed.

This act shall take effect and be in force, from Commence and after the first day of June next.

EDWARD TIFFIN,

Speaker of the house of representatives.

DUNCAN M'ARTHUR,

Speaker of the senate.

ment

February 2nd, 1810.

CHAPTER LXXXVIL

An act providing for the recording of deeds, mortgages and other instruments of writing.

Recorder to

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That there shall be one re- be appointed corder in each county, who shall be appointed by the associate judges of the proper county, in the manner following, to wit: the associate, eldest in commission, shall give notice in writing to the other two associates, notifying them of the time of meeting at the seat of justice, (at least six days previous to the time of such meeting) for the purpose of selecting a fit person for recorder of the county, and the said associate judges, or any two of them, when so met, shall proceed to appoint a person (having the qualifi cations of an elector) recorder of the county, for the term of seven years, if he so long behaves well, who shall keep his office at the seat of justice of his proper county, and who shall give to give bond bond, with two good securities, to be approved & take oath of by the said judges, in the sum of one thousand dollars to the governor of this state, and

Vacancies how filled

Duty of recorder

his successors in office, conditioned for the faith-
ful discharge of the duties of his office, who
shall then take and subscribe the following oath:
I, A B, do solemnly swear or affirm. (as the
case may be) that I will faithfully and imparti-
ally discharge the duties of recorder for the
county of
according to the best of
my abilities and understanding; and in all cases
where the office of recorder shall become vacant,
or in case of new counties, the associate judges
shall proceed to the appointment of a recorder
as above directed: Provided, That it shall not
be lawful for any associate judge to be appoint-
ed, or to hold the office of recorder.

Sec. 2. Be it further enacted, That the said recorders in the several counties shall record in a fair and legible hand, in a book or books to be by him provided for that purpose, all deeds and mortgages, and conveyances of lands and tenements lying within his county, and also all other instruments and writings, which by law are required to be recorded.

Sec. 3. Be it further enacted, That the said Continued recorder shall, upon the receipt of any deed or other writing, which shall be delivered to him to be recorded as aforesaid, endorse thereon the time when the same was entered for record, and shall also (if thereunto requested) give to the person delivering the same, a receipt therefor, expressing the date thereof, the names of the parties and a description of the premises, without any fee or reward; and said recorder shall record all deeds and other writings, in regular succession, according to their priority, or time of being brought into his office, and when the same shall be recorded, he shall endorse thereon the time when, the number and page of the book in which the same is recorded.

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Sec. 4. BE it further enacted, That the said Further duty recorder shall make out, for any person demand- of recorder ing the same, a fair and accurate copy of any re

cord in his office, to which copy he shall affix his certificate and signature.

Sec. 5. Be it further enacted, That for the Recorder's recording of any deed or other writing, the said fees recorder shall be entitled to demand and receive

of the person or persons for whom the same
shall be recorded, the sum of twelve and a half
cents for
every hundred words therein contain-
ed; and for all copies of records, the said re-
corder shall be entitled to demand and receive
of the person or persons requiring the same, the
sum of nine cents for each hundred words con-
tained therein.

received

Sec. 6. Be it further enacted, That whenever a deed or other instrument of writing which the When to be law makes necessary to be recorded, shall be delivered to the recorder of any county, for the purpose of having the same recorded, the recorder may ask and demand such fee or fees as in this act is prescribed and no more.

Sec. 7. Be it further enacted, That if any Recorder of recorder shall neglect or refuse to receive and fending how record any deed or other writing, which shall be punished presented to him for that purpose, or shall refuse to give a receipt therefor, if required, or shall refuse to make out and certify a copy of any record that shall be demanded of him, or shall demand and receive of any person or persons, for any of the aforesaid services, greater fees than is herein allowed, or shall fraudulently endorse on any deed or writing, a different date than the day on which said deed or writing was entered for record, or a different date from that date on which the same was recorded, with intent to defraud any person or persons, he shall, for

every such offence, forfeit and pay a sum not exceeding two hundred dollars to the treasurer of the county, where the offence shall be committed, for the use of the county, to be recovered by indictment, and shall also pay the party aggrieved all damages which he, she or they shall have sustained thereby, with costs of suit: Proviso Provided, That if any recorder, offending as aforesaid, should at the same time be the county treasurer, then the fine imposed on such recorder shall be recoverable by the county commissioners, in manner aforesaid,

Recorder

ver up books

Sec. 8. BE it further enacted, That the regoing out of corders of the several counties within this state, office to dell on their going out of office, are hereby directed and required to deliver up all the books, records and other instruments in their respective offices to their successors in office, who shall give receipts therefor, which shall be a full discharge as to the specifications therein mentioned.

Repealing clause

Commence ment

Sec. 9. And be it further enacted, That the act Providing for the recording of deeds, mortgages and other conveyances of land,' passed the sixteenth of April, eighteen hundred and three, and the act to amend the same, passed the twenty-first of December, eighteen hundred and six, and an act repealing of a part of the third section of the act, entitled 'An act regulating the fees of civil officers, in civil and criminal cases, and providing for the appointment of recorders in certain cases,' be, and the same are hereby repealed.

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

EDWARD TIFFIN,

Speaker of the house of representatives.
DUNCAN MARTHUR,

February 8th, 1810.

Speaker of the senate.

CHAPTER LXXXVIII.

An act to regulate the admission and practice of attornies and counsellors at law.

Sec. 1. Be it enacted by the general assem- Attornies to bly of the state of Ohio, That from and after be examined the passage of this act, no person shall be permitted to practice as an attorney or counsellor at law, or to commence, conduct, or defend any action, suit or plaint, in which he is not a party concerned, either by using or subscribing his own name, or the name of any other person, unless he shall have been previously examined, and admitted by any two judges of the supreme

court.

Sec. 2. Be it further enacted, That when- by judges of ever any person shall apply to any two judges sup. court of the supreme court, to be admitted as an attorney or counsellor at law, it shall be the duty of the judges of said court, either by themselves or some person learned in law, by them appointed, and in their presence to examine such applicant, and if, on such examination had, the said judges shall be of opinion, that the applicant is qualified, and is of a good moral character, they shall direct their clerk to administer an oath of office, and to record the admission of such applicant.

Sec. 3. Be it further enacted, That no per- Residence to son shall be admitted to such examination, un- be preven less he shall first satisfy said judges' by affidavit, before ad that he actually does reside in this state, and in- mittance tends to become a citizen thereof; and shall produce, from some attorney or counsellor at law, a certificate, setting forth, that such appli cant is of a good moral character, and that he hath regularly and attentively studied law, and

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