Gambar halaman
PDF
ePub
[ocr errors]

ment

AN ACT making certain instruments of writing negotiable Sec. 1. Be it enacted by the General Assembly of the State of what Ohin, l'hat all bonds, promissory notes, bills of exchange, foreign shall be negottens and inland, drawo for any sun or sums of money, certain and ble made payable to any person or order, or to any person or bearer, or to any person or assigns, shall be negotiable by indorsement thereo.1, 30 as insolitely to transfer and vest the property thereof, in each and every wodorsee successively: but nothing in this section shall be construed to make negotiable any such bond, note or bill of exchange, Trawn payable to any person or persons alone, and not dra va payable to order, bearer or assigns.

Sec. 2. Toat any indorsee, to who'n any such bond, note or Indores bill of exchange, nade negotiable by the preceding section, is maintain suit in mrle payable by such indorse nent or indorsements may, in bis his own name own na ne, institute and inaintain an action on such bond, note or bill, for the recovery of the money due thereon, against the maker, drawer or obligor; or against the indorsee: having first use: due diligence to obtain the money of the drawer, maker or obligor.

. Sec. 3. That if any such bond, note or bill of exchange, shall be indorsed after the day on which it is made payable; and the indorsee shall institute an action thereon, against the fe indoreed aš maker, drawer or obligor, the defendant shall be allowed to set ter day of pay: up the same defence that he night have done, had the same action been instituted in the naine, and for the use of the person to vhom the said bond, note or bill, was originally inade payable.

Sec. 4. That if any such bond, note or bill of exchange, shall be indorsed on or before the day on which the same is Defence to bills,

&c. indorsed bel made payable, and the indorsee shall institute an action thereon, jore dayo the defendant may give in evidence at the trial, any money actu- ment ally paid on said bond, note or bill of exchange, before the same was indorsed or assigned to the plaintiff, on proving that the plaintiif nad notice of the said payment, before such indorsement was made and accepted.

Sec. 5. That if any indorsee of any bond, note or bill of exchange, mide negotiable by this act, on trial of any suit inst - What shall be tuted thereon, against any indorser, shall prove a demand 'made due diligence of the maker, trawer or obligor, of such bond, note or bill of ex. change, at the time the same became due, or within a reasonable ti ne thereafter: it shall be a ljudged, due diligence, under the second section of this act, unless by the express terms of the indorse nent, the plaintiff was bound to prosecute the mak-r, dra ver or obligor, or use other means to procure payment from the naker, trawer or ohligor.

Sec. 6. That the act making certain instruments of writing negotiable, passed Janjary twenty-ifth, eighteen hundred and te', 've, and the sane is hereby repealed: Provided, Nothing in this act, shall be so construed, as to affect any suit now pending

on any bond, note or bill of exchange, made negotiable by said
act bereby repealed; vor to atiect the right of any payee, obli-
gee or indorsee, of any hond, rote or bill or exchange, drawn or
executed previous to the taking eflect of this act.

JOSEPH RICHARDSON,
Speaker of the House of Representatives.

ALLEN TRIMBLE,

Speaker of the Senate. Pobruary 25, 1820.

in rust for grantor, void

AN ACT for the prevention of frauds and perjuries.

Sec. 1. Be it enacted by the General Assembly of the State of Deeds &c. made Ohio, That all deeds of gifts and conveyances of goods and

chattels, made in trust to the use of the person or persons making the same, shall be, and hereby are declared to be void and of no effect.

Sec. 2. That every gift, grant or conveyance, of lands, tene

ments, hereditaments, rents, goods or chattels, and every bond, Gifts, grante, &c." to defraud credi: judgment or execution, made or obtained with intent to defraud tors, void creditors of their just and lawful debts or damages, or to de

fraud or to deceive the person or persons who shall purchase such lands, tenements, hereditaments, rents, goods or chattels, shall be deemed utterli void and of no effect.

Sec. 3. That where any loan of goods and chattels shall Pogression for be pretended to have been made to any person with whon (or five years of those claiming under him) possession shall b: ve renained for goods, c, rives night, unless fc. the space of five years, such goods and chattels shall be deem

ed the property of the person having had such possession, unless a reservation of the right of such goods and chattels shall have hcen made to the lender, in writing, and such writing shall have been recorded within six months from the time of making such loan, in the rerorder's office for the county where one or both of the parties shall then have resided.

Sec. 4. That no les ses, patates or interests, either of freePreeholds or bold or terms or years, or any uncertain interests of, in, or out terms for years of land, tenerents or hereditaments, shall at any time hereafsigned or grant.

Quilter he assigned or granted, unless it he hy deed or note, in ed without deed writiig signed by the p rtv sr assigning or granting the same,

or their agents thereunto lawfully authorized, by writing, or by act and operation of law,

Sec. 5. That no action shall be brought whereby to charge Persong not an

n the defendant, upon any special promise, to answer for the promise to pay debt, defant or miscarriar', of another person; or to charge det of another,

· ans exerytor or administrator upon any special promise, to agreement or anster damages out of his own estate; or to charge any person contract for sale

not to be as

or note

swerable for a

e upon any agreement made upon consideration of marriagr, or out writing upon any contract or sale of lands, tenements or hertuitaments,

or on trarria e

of lande, with

ar any interest in, or concerning of them; or upon any agrea.
ment that is not to be performed within the space of one year
from the making thereof; unless the agreement upon which
such action shall be rou q it, or soine nemoranduin or note
thereof shall be in writing, and signed by the party to be
charged therewith, or so ne other person thereunto by him or
her lawfully authorized.

EDWARD TIFFIN,
Speaker of the Thouse of Representatives.
DUNCAN MCARTHUR,

Speaker of the Senate. • February 19, 1810.

AN ACT to regulate the fees of officers in civil and criminal cases.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the fees and compensation of the several officers and persons herein named, shall be as follows, to wit:

SHERIFFS' FEES. Sheriffs shall be allowed the following fees:

For the service of every writ or summons and return thereof, Shorints forts (subpoenas only excepted,) when only one defendant is named therein, thirty-tive cents;

For each additional defendant, fifteen cents;
For every bail bond, fifty cents;

For comnitting to prison, or discharging therefrom, or attending a person before a judge or court, thirty cents;

For serving a writ of possession, with the aid of county, two dollars;

For serving without aid, seventy five cen's;

For executing a writ of inquiry, and returning the same with the inquisition, one dollar and twenty-five cents;

For the copy of any writ or process necessary to complete a service, for each hundred words, ten cents;

For serving and returning a subpoena, for each person named therein, ten cents;

For suminoning a jury, to be allowed on each issue, including traveling fees, fifty cents;

For summoning a grand jury, to be paid by the county, thre- dollars;

Summoning a special jury, including traveling fees, two dollars;

Traveling fees upon all writs, precepts and subpoenas, to be computed from the place of return to the place of service, per mile, five cents;

Poundage on all moneys made on execution, decree, or sale of real estate, except as hereinafter provided, two per centos

се

Service of a declaration in ejectment and return, the same fees as allowed for the service of a summons;

Making a deed of land sold on execution, decree, or order of court, to be paid by the purchaser, two dollars;

Serving a scire facias, and making return thereof, seventy-five cents;

Serving any person with an order of court, and making return thereos, thirty cents; Mileage as in other cases:

For keeping and providing for a person in jail, per day, twenty-five cents;

For calling a jury, ten cents;

For opening court and calling each action, to be charged once each term, sixteen cents;

For calling each witness, four cents;.

For bringing up a person on habeas corpus, seventy-five cents;

For summoning a jury on forcible entry and detainer, or forcible detainer, two dollars;

For serving a writ of restitution, seventy-five cents;
Mileage thereon as in other cases:.

For serving a summons in forcible entry and detainer, or forcible detainer, thirty-five cents;

Mileage as in other cases:

For calling an inquest to appraise lands and tenements under the provisions of the act regulating judgments and executio's, one dollar;

For all advertisements in a public newspaper, twelve and a half cents in addition to the price of printing;

For all written advertisements for the sale of property, either personal or real, twenty-five cents.

Sec. 2. That the clerks of the supreme court and court of clerks of sup. common pleas, shall be allowed the following fees, in civil cases: court and com. For filing precipe and issuing capias, attachment, execution,

certiorari, supersedeas, summons, or writ of replevin, under seal, and entering the same, twenty-five cents;

Issuing writs of scire facias and venditioni exponas, under seal, for every hundred words, ten cents;

Issuing writs of partition and entering the same, twenty-five cents;

For entering the appearance of either party, personally or by attorney, to be charged but once, eight cents;

For entering sheriff's return on any writ, six cents;
Docketing each cause, to be charged but once, six cents;
Dorketing appeal from justices, eight cents;

Filing declaration, plea, demurrer, or bill, or answer in chancery, each, six cents;

Filing every paper, exhibit, or necessary document in the cause, four cents;

Issuing subpoena in chancery, twenty-five cents;

Fees of the

mon leas in civil cases

Dedimus potestatum, under seal, fifty cents.

Su opoena fur witnesses, when there is but one person named therein, twelve and a half cents; and for every additional per$0.1, four cents;

I've writ of venire for a jury, to be charged in each cause tried, twelve cents;

Receiving pan vel and swearing jury, twelve and a half cents;
Swearing tacb witness, four cents;
Swearing constable, four cents;

Eutering claim of such witness for his or her attendance, six cents;

Giving order therefor to each witness, eight cents;
Entering judgment, ten cents;
Recording general verdict, ten cents;
Special verdict, for every hundred words, ten cents;
For taking special bail, twelve cents;
Taking and entering recognizance, twenty-five cents;
Issuing a bail piece under seal, fifty cents;
For entering every special rule, six cents;

Entering every continuance, discontinuance, or retraxit, len ents;

Entering a rule of reference, twelve cents;
Copy thereof, under seal, twenty-five cents;

Attending to the striking of a special jury, and furnishing a panel thereof to each party, fifty.cents;

Issuing a venire facias for a special jury, twenty-five cents;

Entering alluwance of, and issuing a writ of habeas corpus, under seal, fifty cents;

Each certiticate to which the seal of the court is required, and not herein provided for, fifty-cents;

For each writ or process under seal, not herein provided for, twenty-five cents;

Entering confession of judgment or consent, rule and plea, ten cents;

Entering satisfaction of judgment on record, twelve and a half cents;

Making up a competent record of the process, proceedings, and judgment in each cause, for each hundred words such record may contain, ten cents;

For making out copies of process, pleadings, records, or any proceedings in a cause, with the seal annexed, when required by either of the parties or by law, for each sheet of an hundred words, ten cents;

Entering notice of appeal to supreme court, ten cents;

Taking bond on appeal, certiorari, or writ of error, twentyfive cents;

Entering allowance of writ of error, certiorari, or habeas corpus, ten cents;

Entering every decree in chancery, for each hundred words, ten cents;

« SebelumnyaLanjutkan »