Commission

ers may re

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 always, 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 cases, except as hereinbefore provided.

Sec. 37. Be it further enacted, That when any person shall be confined in jail for the paylease offend ment of any fine and costs that may be inflictimpson ed agreeably to the provisions of this act, the ed for fine & county commissioners may, if it be made to costs only appear to their satisfaction that the person so

confined cannot pay such fine and costs, order the sheriff or jailor of such county to discharge such person from imprisonment; and the she-riff 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 imprisonment, for the amount of such fine and

Sec. 38. And be it further enacted, That the Repealing act, entitled an act respecting crimes and pu nishments,' passed the twentieth of February, one thousand eight hundred and nine; and an

clause

act supplementary thereto, passed the twentysecond day of January, one thousand eight huudred 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 the purview and meaning of this act, be, and the same are hereby repealed: Provided nevertheless, That al. crimes committed, or prosecutions pending to 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.

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

JOHN POLLOCK,

Speaker of the house of representatives.

THOMAS KIRKER,

Proviso, as

Commence

ment

February 11, 1815.

Speaker of the senate.

CHAPTER VI.

An act to prevent injury by dogs.

Sec. 1. BE it enacted by the general assembly of the state of Ohio, That if any dog or dogs shil kill or injure any sheep or lamb, the owner or harborer 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 forthwith

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

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

JOHN POLLOCK,

Speaker of the house of representative

THOMAS KIRKER,

December 24, 1814.

Speaker of the senate

ed

CHAPTER VII.

An act to provide for the appointment of a Paymas ter-General of Militia of the state of Ohio.

Sec. 1. Be it enacted by the general assemHow ap bly of the state of Ohio, That a paymaster-gepointed and neral of the militia of the state of Ohio, shall be commission 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 eath & 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

bond shall be conditioned, that such paymaster shall, well, trúly and faithfully, pay over all moHis power nies that he may from time to time receive from and duty the state of Ohio, to the person or persons entitled 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 receive two per cent. on all monies so passing through his hands as a full compensation for such services.

Sec. 3. Be 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 security, 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.

lect

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 punish lected the duties of his office, or misapplied the ed for neg 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 martial, that such paymaster general is guilty of the charge or charges exhibited against him, he shall

Proviso

Commence ment

be cashiered; and it shall be, and it is hereb made the duty of the governor, on the death o removal of any paymaster-general tỏ appoint successor to discharge the duties thereof. unt an appointment shall be made by the legislature Provided, That any person appointed by the governor to fill the office of paymaster genera 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 senate.

January 17, 1814.

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,

Persons

Sec. 1. Be it enacted by the general assembly grazing cat of the state of Ohio, That all and every person or persons, not resident in the state of Ohio, who

tle to pay a

tax