་ purpose Sec. 2. BE it further enacted, That when any When new new county shall be laid off and organized, that county is or the money which shall remain in the treasury of ganized how the county or counties from which the new coun- to proceed ty was taken, after all just debts and demands which were due and owing at the time of setting off the new county, shall be divided according to the land and other taxable property within the new county, and the county or counties from which the new county was taken, from which the tax was paid; and the treasurer of the new county is hereby authorised to call on the treasurer or treasurers of the county or counties from which the new county was taken, and the treasurer or treasurers are hereby required to pay over the same, according to the proportion before mentioned. This act shall take effect and be in force from Commence and after the passage thereof. EDWARD TIFFIN, Speaker of the house of representatives. DUNCAN M'ARTHUR, ment Speaker of the senate. December 29th, 1809. CHAPTER CI, An act providing for the recovery of money secured by mortgage. Sec. 1. Be it enacted by the general assembly Scire facias of the state of Ohio, That if any person or to be issued against the persons shall hereafter execute and deliver any mortgagor mortgage for securing the payment of any sum for default or sums of money, hath or shall neglect or refuse to pay to the mortgagee or mortgagees, his or their heirs, executors, administrators or assigns, all monies due and owing, and which such mortgage was intended to cover and secure, according to the covenants and conditions in such mortgage, it shall and may be lawful for such mortgagee or mortgagees, or for his, her or their heirs, executors, administrators or assigns, at any time after the last day, whereon such sum or sums of money hath or shall become due and payable, according to the conditions and covenants of the said mortgage, to sue out a writ of scire facias against the said mortgagor or mortgagors, or his, her or their heirs, executors or administrators, which the clerk of the supreme court, or the clerk of the court of common pleas for the county in which the premises so mortgaged may be situated, is hereby authorised and, on application for that purpose, required to issue, directed to the proper officer, commanding him, that by two good and lawful men of his county he make known to the defendant or defendants in such writ, that he, she or they be and appear before the court, to shew cause, if any there be, why the said mortgaged premises should not be taken in execution and sold to satisfy the money due and owing according to the conditions and covenants contained in such mortgage; and upon the return of the scire facias, it shall be lawful for the defendant or defendants to come in and plead payment or satisfaction for all or any part of the money demanded by the plaintiff or plaintiffs, or any other legal plea in bar, or avoidance of the deed or money thereon demanded, as the case may require, and thereon the parties shall proceed to issue and trial as in other cases. Sec. 2. Be it further enacted, That if the de fendant or defendants in such writ of scire facias, Judgmens on being returned summoned, or on two writs by default of scire facias returned nihil, shall not appear, tered may be en then judgment by default shall be entered, and the court shall proceed, according to law, to assess the damages and to enter final judgment thereon, on which a writ of levari facias, may is. sue, by virtue whereof the mortgaged premises shall be taken in execution, and disposed of in the same manner and under the same regulations that lands and tenements are or may be by law disposed of for the satisfaction of judgments. Sec. 3. Be it further enacted, That if the If the pre mortgaged premises, so taken in execution, be mises be not not sufficient to satisfy the said judgment, then sufficienthow the residue of said judgment, so remaining unsato proceed tisfied, shall be deemed and taken to be a debt of record, for which the plaintiff or plaintiffs may issue a writ or writs of scire facias, and proceed thereon to judgment and execution, as in other cases: Provided, That the sheriff or other officer executing a deed by virtue of the directions herein contained, shall not be bound to warrant and defend the right or title of the property so as aforesaid sold and conveyed. Proviso Sec. 4. Be it further enacted, That nothing Prior rights herein contained shall affect the right of any per- not affected son or persons who may set up any claim to such mortgaged premises, by purchase from, or under the mortgagor or otherwise, and which claim in law shall be paramount to the claim of such mortgagee; nor shall any thing contained hert in be construed to prevent such claimant from availing himself of any defence that the mortgagor might or could have set up, in bar or discharge of such mortgage, or of any fraud or collusion between the mortgagor and mortgagee. Sec, 5. Be it further enacted, That all money A retrospect secured by mortgage, executed prior to the tak to prior laws ing effect of this act for the recovery of money secured by mortgage, be, and the same is hereby made recoverable in the same manner that money secured by mortgage was made recoverable by the laws in force at the time such mortgage was executed, any law, usages or customs to the contrary notwithstanding. Repealing clause Commence ment Sec. 6. And be it further enacted, That an act, entitled 'An act providing for the recovery of money secured by mortgage," passed the 12th day of February, 1805, and an act supplementary to an act, entitled 'An act for the recovery of money secured by mortgage,' passed January the 20th, 1807, are hereby repealed. This act shall take effect and be in force from and after the first day of May next. EDWARD TIFFIN, Speaker of the house of representatives. DUNCAN M'ARTHUR, January 2d, 1810: Speaker of the senate CHAPTER CIÍ. An act for the incorporation of manufacturing companies. Sec. 1. Be it enacted by the general assembly Two ormore of the state of Ohio, That at any time within persons may five years hereafter, any two or more persons form a manu who shall be desirous to form a company, for the facturing company purpose of manufacturing woollen, cotton, hemp or linen goods, or cotton or other yarn, or for the purpose of making paper, glass or queens ware, or pearl or pot ashes, or for the purpose of making from ore bar iron, mill irons, anchors, or steel, nail rods, hoop iron or ironmongery, sheet lead, shot, white lead and red lead, printers' types, or any metals used in the manufac ture of types, or for the purpose of erecting and carrying on any manufactory by the operation of steam, may sign and execute articles of as- They shall sociation, in which shall be stated the corporate sign and ac name of said company, the objects for which it knowledge sformed, the amount of its capital stock, the articles number of shares therein, the number of trustees and their names, who may be first appoint. ed to manage the concerns of the company, together with the term for which they may have been appointed to serve, and the names of the town and county in which such manufactories may be severally established; and the said articles, or the signatures thereto, shall exhibit the number of shares (if more than one) which each subscriber may have subscribed; which articles of association, when subscribed as aforesaid, shall be acknowledged by such subscribers, jointly and severally, before any judge or judges of the supreme court or court of common pleas, or justice of the peace, and when acknowledged as aforesaid, the same articles, at the expense of said company, shall be recorded in the recorder's office of the proper county, and a certified copy of the record thereof shall at all times, both in courts of justice and without, be legal and competent evidence in any case where the original articles would otherwise be evidence; and a certified copy of the record of such articles shall also be procured and transmitted by the trustees or other members of such company to the secretary of state, whose duty it shall be to file and preserve the same. 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