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A wife leaving her husband, forfeits her right of

dower, etc.

When lands, etc., are lost by frauds, etc., the wid

to her dower.

such lands, tenements or hereditaments, or her heirs or any person who shall have right, title or interest to the same, by the death of such wife or widow.

Sec. 6. And be it further enacted, That if a wife willingly leave her husband and dwell with her adulterer, she shall lose and be barred of her right of dower, but if she shall return and her husband shall be reconciled to her and dwell with her, she shall be restored to her right of dower.

Sec. 7. And be it further enacted, That in case a person shall be impleaded for lands or ow entitled tenements, and giveth up the same by covin or fraud, after the death of the husband the wife may recover her dower of the same; and in case the husband loseth the land in demand by default, and his wife, after his death, demand her dower therein, she shall be heard; and if the widow can establish the right of the husband to the lands or tenements, she shall be entitled to and recover her dower therein.

When the widow is

awarded her

dower in

prejudice to

the heir,

Sec. 8. And be it further enacted, That whenever a widow having no right to dower and the heir being under age, if the widow bring her writ of dower against the guardian and she shall make default, or by collusion defend the plea faintly, whereby the widow is awarded her

dower, in prejudice to the heir or heirs, in all such cases, he, she or they, coming of age, shall have right to demand the seisin of his or her ancestor against such woman, in like manner as he, she or they, should have against any other

person.

Sec. 9. And be it further enacted, That the widow shall have no part of the personal property, her wearing apparel excepted, until all the debts against the estate are paid, except such part of the household furniture as shall be assigned her by the court of common pleas.

ELIAS LANGHAM,

Speaker of the house of representatives.

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January 19th, 1804.

NATH. MASSIE,

Speaker of the senate.

Electors for president, etc., to be chosen on

urday of November

next.

CHAPTER XV.

An act, to provide for the election of electors of the president and vice-president.

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That all persons having the the first Sat requisite qualifications of electors of senators and representatives to the general assembly of this state, shall, on the first Saturday of November next, assemble in their respective townships within this state, at the places designated in each township for the holding elections, for the purpose of electing three electors of president and vice-president of the United States.

Three electors to be chosen.

cations.

Sec. 2. And be it further enacted, That when the electors are so assembled, they shall proceed to elect, by ballot, three electors of president and vice-president of the United States, who Their qualifi- shall have the qualifications requisite for members of the house of representatives of this state, which elections shall commence and close at the same hour, and be conducted in the same manner as is directed by a law of this state for electing senators and representatives to the general assembly, entitled, "An act to regulate elections," except so much thereof as shall be contrary to this act.

Elections,

how conducted.

Judges to books to the

carry poll

clerk, etc.

Sec. 3. And be it further enacted, That it shall be the duty of the judges of elections in each township, forthwith after the close of the election, to seal up one of the poll books of the election, which aforesaid sealed poll book shall be carried within two days after the day of election to the clerk of the court of common pleas of the proper county, and if the judges of the election shall fail so to carry the poll book aforesaid, they shall forfeit and pay to the state the sum of one Penalty for hundred dollars, to be recovered by action of debt, before any court having cognizance thereof.

neglect.

receiving

the poll minister an oath to the judges,

books to ad

Sec. 4. And be it further enacted, That the Clerks on clerks upon receiving the poll books aforesaid, shall administer an oath or affirmation to each judge who shall carry any poll book, that he was a judge of the said election, and shall endorse a certificate of having administered such oath; and the clerks of the courts aforesaid, shall, within three days after the day of election, deliver all poll books to the sheriff of their respective counties, taking his receipt therefor, and it shall be the duty of the sheriffs to attend at the clerk's office of their respective counties, for the purpose of receiving the same; and the said sheriff, upon the receipt thereof, shall have said His duty.

and in five wards, de

days after

liver the

same to the

sheriff.

poll books delivered at the secretary of state's office, on or before the sixteenth day of NovemPenalty for ber, under the penalty of forfeiting to the state the sum of one thousand dollars, to be recovered as aforesaid.

neglect.

Poll books to be opened

on the 17th November

tary of

state.

make out

etc.. and

Sec. 5. And be it further enacted, That the said poll books shall, on the seventeenth day of by the secre- November next, be opened by the secretary of state, in the presence of the governor and the aforesaid sheriffs, or such of them as choose to attend. The secretary shall cause the poll books as they are opened to be read aloud, and shall make out a fair abstract of the names of the persons voted for and the number of votes Governor to given to each; and the governor shall forthwith certificates. make out for the three persons having the greatest number of votes, certificates of their having been duly elected as electors of president and vice-president of the United States, and transmit, by special messenger, the proper certificate to each person so elected, and shall cause the election of the electors so made, to be published in the Scioto Gazette; but if more than three persons having the greatest number of votes, or if any two or more of them have such equal to be deter number, then the election shall be determined by lot, to be drawn by the secretary of state, in

transmit the

same by messenger.

When more

than three

persons have

the greatest number of votes, etc,

mined by lot.

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