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of the court before whom the offender is or shall be tried to issue an execution against the body, goods, chattels, lands and tenements of such offender, for the amount of such fine and the costs of prosecution, which execution may either be levied on the goods and chattels, lands and tenements, or body of the offender: Provided «lways, That where sush execution is levied on goods, chattels, lands and tenements, the officer levying the same shall proceed to sell such property, whether real or personal, in the same manner that personal property is directed to be sold, by the provisions of an act, entitled

an act regulating judgments and executions ;! and the officer levying such execution, shall be liable to the same rules and regulations as in civil càses, except as hereinbefore provided.

Sec. 37. Be it further enacted, That when Commission

any person shall be cenfined in jail for the payers may.re lease offend ment of any fine and costs that may be indict.

imprisoned agrerably to the provisions of this act, the ed for fine & county commissioners may, if it be made to cosis only

appear to their satisfaction that the person so, confined cannot pay such fine and costs, order the sheriff er jailor of such county to discharge such person from imprisonment; and the sheriff or jailor, upon receiving such order, in writing, shall discharge such person accordingly : Provided, That the commissioners may, at any time thereafter, order and cause to be issued an execution against the body, lands, goods or chattels of the person so discharged from im. prisonment for the amount of such fine and

costs.

Şec. 38. And be it further enacted, That the Repealing act, entitled an act respecting erimes and pu. - clause

nishments," passed the twentieth of February, one thousaid eight hundred and nine; and an act supplementary thereto, passed the twentysecond day of January, one thousand eight hutdred and eleven ; an act to prevent the selling of spirituous liquors to the Indians,' passed the eleventh day of February, one thousand eight hundred and nine, together with all other laws and parts of laws coming within. the purview and meaning of this act, be, and the same are hereby repealed: Provided nevertheless, That al crines committed, or prosecutions pending

Proviso, as

10 crimes for any criminal offence, before the taking effect committed of this act, shall be prosecuted to final judg- under for nient and execution, in the same manner as if mer laws this act had never been passed.

This act to take effect and be in force from Commence and after the first day of August next.

JOHN POLLOCK,
Speaker of the house of representativeși

THOMAS KIRKER,

Speaker of the senate. February 11, 1815.

ment

CHAPTER VI.

An act to prevent injury by dogs.

Sec. l. Be it enacted by the general assem. bly of the state of Ohio, That if any dog or dogs shil kill or injure any sheep or lamb, the owner or harborir of such dog or dogs shall be holden liable for all damages which may be sustained thereby, to be recovered at the suit of the party injured, before any justice or court having cognizance.

Sec. 2. Be it further enacted, That it shall be lawful for any person or persons fcrthwith

to kill, wound or destroy any dog or dogs which may be found worrying or injuring any sheep or lamb.

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

JOHN POLLOCK, Speaker of the house of representatives,

THOMAS KIRKER,

Speaker of the senate. December 24, 1814.

CHAPTER VII.

An act to provide for the appointment of a Paymas,

ter-General of Militia of the state of Ohio.

Sec. 1. it enacted by the general assem. How ap bly of the state of Ohio, That a paymaster-gepointed and

neral of the militia of the state of Ohio, shall be commission ed

appointed by joint ballot of both houses, to be. commissioned by the governor, with the rank of major, who shall continue in office for the term of two years from the time of his election, and until a successor shall be chosen and qualified.

Sec. 2. Be it further enacted, That such To take an paymaster-general, before he enters upon the oath & give duties of his office, shall take an oath or affirbond

mation to support the constitution of the United States and the state of Ohio, and that he will faithfully discharge the duties of his said office, and shall moreover enter into bond, payable to the treasurer of the state, for the time being, and his successors in office, for the use of the state, with at least two sufficient securities, in the penal sum of twenty thousand dollars, which

His power

bond shall be conditioned, that such paymaster shall, well, truly and faithfully, pay over all monies that he may from time to time receive from and duty the state of Ohio, to the person or persons enti- ', tled to receive the same, and to account therefor, whenever thereunto required, agreeable to the laws and instructions that may be formed for his government, for which he shall be entitled to rea ceive two per cent. on all monies so passing through his hands as a full compensation for such services.

Sec. 3. 3e it further enacted, That when the paymaster. general shall be required by the United States to receive and pay over any monies that may be due to the militia of the state of Ohio, he shall be bound to perform the duties thereof, in such manner and according to instructions that may be furnished him by the war department; and for the faithful performance of such duties, he shall enter into bond with secu. rity, in manner and form that may be required of him by the secretary of war, and for which services so rendered, he shall receive such compensation as may be allowed him by the United States.

Sec. 4. Be it further enacted, That whenever it shall be made to appear to the satisfaction of the governor, that the paymaster-general has neg. How puniske lected the duties of his office, or misapplied the ed for deg

lect funds placed in his hands, by virtue of the provisions of this act, the governor may, and he is hereby required to place such paymaster.general under arrest, and forthwith order a court martial for his trial, which shall be conducted agreeably to the rules and articles of war; and if it shall be made to appear to the satisfaction of the court mar. tial, that such paymaster. general is guilty of the charge or charges exhibited against him, he shall

Proviso

be cashiered; and it shall be, and it is hereby made the duty of the governor, on the death or removal of any paymaster-general to appoint a successor to discharge the duties thereof, until an appointment shall be made by the legislature: Provided, That any, person appointed by the governor to fill the office of payniaster general shall, before he enters on the duties of his office, take the same oath or affirmation, and give the same bond as is required by the second section of this act.

This act to take effect and be in force from and after the passage thereof.

JOHN POLLOCK, Speaker of the house of representatives.

OTHNIEL LOOKER,

Speaker of the senata January 17, 1814.

Commence ment

CHAPTER VIII.

An act concerning non resident graziers:

WHEREAS, It hath been represented to the Preamble satisfaction of this general assembly, by sundry

inhabitants of the county of Fayette, that they have sustained much injury from the practice of foreigners introducing large herds of cattle into the frontiers, for the purpose of grazing the same during the summer season, and that those persons generally are found on the grazing ground at a time when there is no legal provision for taxing the same. Therefore,

Sec. 1. Be it enacted by the general assembly grazing cat of the state of Ohio, That all and every person te to pay a

or persons, not resident in the state of Ohio, who

Persons

tax

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