Special pro vision Commence ment Sec. 5. Be it further enacted, That any can didate or elector, being desirous to contest the election of the present governor elect, shall file with the clerk of the senate, within two days after the passage of this law a specification of the points upon which they intend to rely in the contest, which contest shall be conducted in the same manner as by this act future contests are to be conducted. This act shall take effect and be in force, from and after the passage thereof. PHILEMON BEECHER, Speaker of the house of representatives. THOMAS KIRKER, December 23, 1807. Speaker of the senate. certain con tracts CHAPTER XCIX. An act providing for the execution of real contracts, in certain cases. Sec. 1. Be it enacted by the general assembly Courts of of the state of Ohio, That if two or more persons, com. pleas who heretofore have held or may hereafter hold empowered to complete lands, as coparceners, joint tenants or tenants in common, have heretofore or shall hereafter, become obligated for the sale and conveyance of the same, or of any part thereof, or if any one or more of the said coparceners, joint tenants or tenants in common, after the said contract and before the conveyance of the land so contracted for, hath or have died or shall die, it shall be lawful for the survivor or survivors, to present a petition to the court of common pleas, of the county in which the land, so contracted for, may or shall be situated, setting forth the facts relative to the said contract, and praying for an order for the execution thereof; and if it shall appear to the said court, by good and sufficient testimony, that such contract hath been made, and hath been fully complied with, on the part of the purchaser or purchasers, or that the said purchaser or purchasers, is, or are then ready to comply with the said contract, according to the terms thereof, so that he or they, hath or have a full right to demand and receive a conveyance of the said land, or any part thereof, it shall be lawful for the said court of common pleas, to make an order, authorising and empowering the said survivor or survivors, to complete the said contract, by conveying the land so contracted for; and the deed so made and executed, by virtue of the order aforesaid, shall convey as complete and perfect a title, and shall, in all respects, have the same effect as if the said deed had been executed by all the said coparceners, joint tenants or tenants in com mon. * Sec. 2. BE it further enacted, That the said Requisites petition shall recite the names of all the contract- necessary ing parties, the situation, quantity and descrip. the petition tion of the land so contracted for, and the time of making such contract; and the deed to be made, by virtue of the order aforesaid, shall recite the said order, and it shall be the duty of the clerk of the said. court, to record the said petition at length, and the order thereon granted. Sec. 3. Be it further enacted, That if any Party con person or persons, who have, or shall enter into tracting dy any contract for the sale and conveyance of land ing and leav or other real property, and before the comple- der 21 years ing heirs un Bab tion of such contract on his, her or their part, have, or shall die, leaving heirs under the age of twenty-one years, or otherwise, and the executor or executors, administrator or adminis trators, or other legal representatives of such person or persons, so deceased, or who may hereafter die, may or shall be desirous of completing such contract or contracts. for and on behalf of such heirs, such executor, administrator or other legal representative, may petition. the court of common pleas of that county in which the lands or real property shall be situated, particularly stating the contract, in like manner as is provided in the case of a survivor or survivors; and the same orders and regulations shall be made and pursued as is herein above provided, and pointed out in case of a survivor or survivors; and upon sufficient proof of such contract having been made and entered into being given, to the satisfaction of the said court, an order of court shall be made, authorising and appointing the executor or executors, administrator or administrators, or other légal representatives of such deceased person, or such other persons as the said court of common pleas may deem suitable and proper, fully to complete the said contract or contracts of such deceased person or persons, and to make and exe cute a deed or deeds of conveyance, for and on behalf of the heir or heirs of such deceased person or persons, according to the terms and stipulations of such contract or contracts, and the person or persons so authorised by the said court of common pleas as afores id, shall pursue the same rules in making a conveyance, as are provided in case of a survivor or survivors; and such conveyance, when made according to the provisions of this act, shall be binding upon such heirs, and all other persons interested, in the same manner as though the conveyance had been made by the person or persons making such contract or contracts, in his or their life time. the convey ance of land Sec. 4. Be it further enacted, That if any Heirs or person or persons who have entered, or shall guardians hereafter enter into any written contract, for the may compel purchase of any land or other real property, has clied or shall die, leaving an heir or heirs, such heir or heirs, his, her or their guardian or guardians, may compel the conveyance of such land, in the same manner as such deceased person might have done, agreeably to the provisions of this act. Court to se cure to par Sec. 5. Be it further enacted, That it shall be the duty of the said court, before the granting of the order aforesaid, to secure. or cause to ties their just be secured to, and for the benefit of the estate proportion or estates of the said deceased party or parties, their just part and proportion of the consideration of the said contract; and the person petitioning for such order, shall pay to the clerk of the said court, for making the necessary entries, the sum of twenty-five cents, and if the said order be granted, the further sum of ten cents for every hundred words contained in the said petition and order, for recording the same, Sec. 6. And be it further enacted, That the Repealing "Act providing for the execution of real con- clause tracts, in certain cases" passed the nineteenth of February, one thousand eight hundred and five, and the act to amend the same, passed the thirtieth of January, one thousand eight hundred and seven, be, and the same are hereby repeal ed. Commence ment This act to take effect and be in force, from and after the first day of June next. EDWARD TIFFIN, Speaker of the house of representatives. DUNCAN M·ARTHUR, January 16th, 1810. Tax to be divided ac CHAPTER C. An act providing how money shall be appropriated in counties or districts attached, and for the division of the money remaining in the treasury, from which a new county may be laid off. Sec. 1. Be it enacted by the general assem bly of the state of Ohio, That when any tract cording to or district which is afterwards to be a county, the quantity shall be attached to or made a part of an orga of and nized county, for the purpose of enjoying county privileges, the tax arising from land and personal property within the organized county and district attached, shall be appropriated in the following manner, to wit: the expenses of the county shall first be paid from the whole tax, except appropriations made for roads, bridges, or public buildings within the original organized county, then the remainder of the tax on land and personal property shall be divided according to the quantity of land and personal property within the organized county, and the county or district attached from which the tax was paid; and the commissioners shall appropriate the proportion or part belonging to the county or district attached, within the same, for the |