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Persons pro-
hibited from
the law.

after such notice, be heard in his defense, and shall be allowed reasonable time to collect and prepare testimony in his justification.

Sec. 5. And be it further enacted, That no person shall be permitted to practice as an attorney or counsellor at law in any court in this state, who is not a citizen of the United States, or who holds a commission as judge of the Supreme Court or of a court of common pleas, or who is clerk of the Supreme Court or a court of common pleas, or who is a sheriff, coroner, deputy sheriff, jailer or constable.

Sec. 6. And be it further enacted, That if for neglect any suit shall be dismissed for the non-attend

ance of an attorney, practicing in any court of record within this state, said attorney not having a just and reasonable excuse, it shall be at his costs, and he shall morever be liable for all damages his client shall sustain by such dismission, or any other neglect of his duty, to be

recovered in any court of record within this their client's state; and every attorney receiving money for

his client, and refusing or neglecting to pay the

when demanded, shall be proceeded against in a summary way, on notice before any court of record, in the same manner as

Penalty on

of duty.

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How pro-
against for



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sheriffs and coroners are liable to be proceeded
against, for money received on execution.

Sec. 7. And be it further enacted, That all Repealing
laws heretofore in force, regulating the admis-
sion and practice of attorneys and counsellors
at law, be and the same are hereby repealed.

Speaker of the house of representatives.

Speaker of the senate.

February 4th, 1804.



An act, regulating estrays.

Persons au-
thorized to
take up es-

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That it shall be lawful for any person to take up any estray, found running at large within any settlement in this state, if he shall have a freehold, be a tenant for three years, have a title bond for the land on which he resides.

to be had.

Sec. 2. And be it further enacted, That every person who shall hereafter take up any estray, shall, within six days thereafter, advertise the same in three of the most public places within the township, wherein such estray shall have been taken up, giving an exact description, in writing, of the marks, brands, color and supposed age of such estray or estrays, and if no person shall claim and prove his right, to such estray or estrays, within thirty days after such advertisement, the taker up shall cause the same to be viewed by two disinterested householders of the township, and shall go immediately with such house-holders, before a justice of the peace of the township and make oath or affirmation before him, that the marks or brands

have not been altered since the taking up, and Dustice the then said justice shall take from the said house

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holders, upon oath or affirmation, an exact de-
scription of the marks, brands, stature, color,
supposed age and valuation of every such estray
or estrays, and said justice shall enter the same
in his estray book, and shall, within twenty
days, transmit a certified copy thereof, under
his hand, to the clerk of the court of common
pleas of the county, who shall enter the same in
his estray book and file the said transcript in
his office, and the taker up shall pay unto the Fees to jus-
said justice twenty-five cents, and further, de- clerk, how
posit in the hands of said justice twenty-five
cents, to be paid unto the clerk, which sum of
twenty-five cents shall be transmitted at the
same time with the transcript aforesaid, and the
said clerk shall cause a copy of such transcript to Duty of the
be publicly affixed at the court house door of
his county, within five days after the receipt of
the same, and during the succeeding term: Pro-
vided, That if two or more estrays of the same
species are taken up by the same person at the
same time, they shall be included in one entry,
and in such case the said justice and clerk shall
receive no more than for one of such species:
Provider also, That no person shall be allowed
hereafter to take up and advertise any head of
neat cattle, sheep, hog or goat, between the first etc., not to be


Neat cattle,

9-Vol. 2

1st of May
and 15th of

taken up be- day of May and the fifteenth day of November,

unless the same shall be found within the enexcept, etc. (losure of the taker up, having broken into the


Persons tak-
ing up boats,
etc., adrift.
to proceed

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except flat-


Sec. 3. And be it further enacted, That it

shall be lawful for any person whatsoever, to as in case of take up any boat or other vessel adrift, and that

if any person shall take up any boat or other craft adrift, he shall proceed in like manner as is required to be done in case of estrays, and be subject to the same penalties, fines, and forfeitures, to be recovered and appropriated in the same manner as herein directed and appointed

with respect to estrays, except flat-bottomed, Kentucky or Kentucky or Orlean boats, in which case it shall

be lawful for the constable of the township in which the taker up lives, in thirty days after

said boat or boats have been taken up, to proThe manner ceed to make sale of said boat or boats, in the

same manner as is directed in case of estrays or other water crafts, and the money arising from such sale to be appropriated as is by this act provided for in other cases.

Sec. 4. And be it further enacted, That as a reward for taking up, there shall be paid to the taker up, for every horse kind, one dollar; for every head of neat cattle, fifty cents; for every sheep or goat, twenty-five cents; for every hog above six months, old, twenty-five

of proceed-


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