shall hereafter bring into the state any herd, or number of cattle for the purpose of grazing the same, shall pay a tax for such cattle, to be assessed and collected in manner following.

Duty of per

them with

Sec. 2. BE it further enacted, That it shall be, and it is hereby made the duty of all and sons coming every person or persons, non-resident owners of into the state any herd or herds of cattle grazing within this to graze cat state, to enter the number of his or their cattle tle to enter with the clerk of the county commissioners for the clerk of taxation, together with security for the payment the commis of the tax which may be assessed thereon; sioners which entry shall be made within ten days after such cattle may have been brought in as aforesaid; and it is hereby made the duty of the Duty of the clerk aforesaid to deliver over the said list of clerk cattle so entered to the commissioners, who shall levy a tax thereon, agreeably to the act regulating county levies, and transmit the same to any collector in said county for collection, who shall be governed therein agreeably to the before recited act.

tiori

Sec. 3. Be it further enacted, That if any Penalty for non resident grazier as aforesaid, shall fail to neglecting i enter or return his cattle, then and in that case to enter cat it shall and may be lawful for any resident house. tle for taxa holder within said county to enter complaint against the party so offending before any associate judge or justice of the peace in and for said county, who shall thereupon issue process against the party so offending, and shall (on due proof being made) fine the party or parties of fending, in any sum not exceeding four times the proper tax on such cattle; and shall, upon judgment rendered, issue execution, collect the How collect same, and pay it over to the county treasurer for the use of the county: Provided, That nothing contained in this act shall be so construed H

ed

Commence ment

as to affect cattle the property of the United

States.

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.

OTHNIEL LOOKER,

February 7, 1814.

Speaker of the senate.

give notice to bring suit

to collector

CHAPTER IX.

An act for the relief of securities in certain cases.

Sec. 1. Be it enacted by the general assem Surety may bly of the state of Ohio, That when any person or persons shall hereafter become bound as security or securities, by bond, bill or note, for the payment of money or other valuable thing, and shall apprehend that his or their principal debtor or debtors is or are likely to become insolvent, or remove from the county or state, without previously discharging such bond, bill or note, so that it will be impossible or extremely difficult for such secutity or securities, after being compelled to pay the amount of the money or other valuable thing which may be due by such bond, bill or note, to recover the same back from such principal debtor or debtors, it shall and may be lawful for such security or securities in every such case, provided a right of action shall have accrued on such bond, bill or note, to require, by notice in writing, of his or their creditor or creditors, forthwith to put such bond, bill or note, by which he or they may be bound as security or securities as afore

said, in suit; and unless the creditor or credi- Right forfeit tors so required to put such bond, bill or note ed on neglect to bring suit in suit, shall in a reasonable time commence an action on such bond, bill or note, and proceed with due diligence in the ordinary course of law, to recover a judgment for, and by execution to make the amount of the money or other article of value due by such bond, bill or note, the creditor or creditors, or the assignee or assignees of such bond, bill or note so failing to comply with the requisition of such security or securities shall thereby forfeit the right which he or they would otherwise have to demand and receive of such security or securities, the amount which may be due by such bond, bill or note.

administra

tors in such

cases

Sec. 2. BE it further enacted, That any se- Duty of ex çurity or securities, or in case of his or their ecutors or death, then his or their executors or administrators may, in like manner and for the same cause, make such requisition of the creditor or creditors, or his or their executors or administrators, as it is hereinbefore enacted, may be made by a security or securities of his or their creditor or creditors; and in case of failure of the executors or administrators so to proceed, such requisition as aforesaid being duly made, the security or securities, his or their executors or administrators making the same, shall have the same relief that is hereinbefore provided for a security or securities, where his or their Provise creditor or creditors shall be guilty of a similar failure.

Sec. 3. Be it further enacted, That nothing in this act contained shall be so construed as to affect the bonds with collateral conditions, or the bonds which may be entered into by guar

Further pro viso

prosecute a suit as prin

cipal

dians, executors, administrators or public offi

cers.

Sec. 4. Be it further enacted, That the rights and remedies of any creditor or creditors, against any principal debtor or debtors, shall be in no wise affected by this act, any thing herein to the contrary notwithstanding.

Sec. 5. BE it further enacted, That when Surety may any security has been sued and judgment rendered against him for the debt of the principal debtor, he may sue out his capias or summons against the person or persons for whom he is security; and any court of competent jurisdiction is hereby authorised to render judgment for the proper amount upon return of the process, from which judgment there shall be no appeal; and in all cases where judgment against the security shall have been obtained before a different justice or court, it shall be the duty of such security to produce a transcript thereof to the justice or court so rendering judgment against the principal debtor, and on which judgment, when obtained before a justice of the peace, stay of execution shall be for one month less than that allowed the security in the trans'cript aforesaid.

Commence ment

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

JOHN POLLOCK,

Speaker of the house of representatives.

OTHNIEL LOOKER,

C

Speaker of the senate,

January 25, 1814.

CHAPTER X.

An act concerning the three per cent. fund.

Sec. 1. BE it enacted by the general assem

of the U. S.

bly of the state of Ohio, That all sums of mo- Money how ney that are, or hereafter may become due to drawn from this state from the treasury of the United States, the treasury for the purpose of laying out, opening and making roads within this state, shall be received on the order of the auditor in favor of the treasurer of this state, who shall receipt for the same, and stand charged in the auditor's office with the amount of such order.

See. 2. BE it further enacted, That all such evidences of demands for labor done, or ser- Duty of au vices rendered, as by the laws heretofore in litor in set force, are required to be exhibited to the trea- dang claims surer of state, shall hereafter be presented to the auditor, who shall audit the same, and issue bills for the amouut thereof, payable out of the three per cent. fund, and shall record such bills in books to be provided for that purpose, in the same manner that audited bills in other cases are recorded.

Sec. 3. Be it further enacted, That in au

diting the accounts relative to the three per Further duty cent. fund, the auditor shall govern himself in of the auditor all respects as the treasurer has been required

to do, by the several laws appropriating the

same.

Auditor to,

settle with

Sec. 4. BE it further enacted, That the auditor shall settle with the treasurer, who is hereby requested to give information of all monies by him received on account of the three per the treasures cent. fund, and of all monies he may have paid &c. out of the same, and shall deliver to the auditor, within twenty days after the taking effect of