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to draw a jury as
an order to the
made thereon, as aforesaid, upon the demand of the successful claimant or his heirs, as hereinafter provided.
Sec. 2. That the title by which the successful claimant suc. Persons occupy. ceeds against the occupying claimant, in all cases of lands sold ing under tax ii
for taxes by virtue of any of the laws of this State, or the laws fle, shall not be evicted untü of the territory northwest of the river Ohio, shall be considerpaid for in
ed an adverse and better title under the provisions of the first provements
section, whether it be the title under which the taxes were due, and for which said land was sold, or any other title or claim whatever; and the occupying claimant holding possession of land sold for taxes, as aforesaid, baving the deed of a collector of taxes or county auditor, for such sale for taxes, or a certificate of sale of said land, from a collector of taxes, or a county treasurer, or shall claim under the person or per ons who hold such deed or certificate, shall be considered as having sufficient title to said land, to demand the value of improvements under the provisions of the first section of this act.
Sec. 3. That the court, rendering judgment in any case proand clerk vided for by this act, against the occupying claimant, shall, at in other cases, the request of either party, cause a journal entry thereof to be and clerk to issue made: and the sheriff and clerk of the court, when theresheriff, setting after required by either party, shall meet and draw from the orth the duty to box a jury of twelve men of the jurymen returned to serve as be performed
such for the proper county, in the same manner as they are required by law to draw a jury in other cases; and immediately thereupon, the clerk shall issue an order to the sheriff, under the seal of the court, setting forth the names of the jury, and the duty to be performed under this act.
Sec. 4. That the jury drawn and named in said order, shall Dius of tire jury immediately, on being notified by the sheriff, proceed to view
the premises in question, and then and there, on oath or affirmation (to be administered by any competent authority,) assess the value of all lasting and valuable improvements made as aforesaid, on the lands in question, previous to the party receiving actual notice as aforesaid, of such adverse claim; and shall also assess the damages (if any) which said land may have sustained by waste, together with the net annual value of the rents and profits which the occupying claimant may have received from the same, after having received notice of the plaintiff's title by the service of a declaration ju ejectment, and deduct the amount thereof from the estimated value of such fasting and valuable improvements: and said jury shall also assess the value of the land in question, at the time of rendering judgment as aforesaid, without the improvements made thereon, or damages sustained by.waste as aforesaid.
Sec. 5. That in case any one or more of the jury named in filled with tales. »
he said order, shall be absent from the county, of kin to either
party, or from any other cause disqualified or unable to serve upon such jury, the sheriff shall have power to summon tales. men as in other cases, who shall be qualified and serve on said
Pannel may b
jurors repo a sum in favor
ment shall be
ury in the same manner as if originally drawn and named in said order.
Sec. 6. That the jury shall sign and seal their respective Assessment to be assessments and valuations aforesaid, and deposit the same
and valuations aforesaid and deposit the same signed and sealed with the clerk of the court, by whom they were appointed, deposited with before the first day of the next term of the said court, after the clerk said order is made: and if either party shall think himself or herself aggrieved by any such assessment or valuation aforesaid, he or she may apply to the court, at the term to which the proceedings are returned; and said court may, upon good causc shown, set aside such assessment or valuation, and order a new valuation, and appoint another jury, as hereinbefore provide t, who shall proceed in the same manner 26 hereinbefore directed.
Ser. 7. That if the jurors shall report a sum in favor of the plantil or plaintiffs in ejectment, on the assessment and valuation of the valuable and lasting improvements, and the asse58- of plaintiff in, ment of damages for waste, and the net annual value of t. e ejectment, judg. rents and protits, the court shall render a judgment therefor rendered there. without pleadings, and issue execution thereon as in other on, etc. cases; or if no excess be reported in favor of the plaintiff or plaintiifs, then and in either case, the plaintiff or plaintiffs in ejectment, shall be thereby barred from having or maintaining any action for mesne profits.
Sec. 3. That if the jurors shall report a sum in favor of the if jurors repost a occupying claimant or claimants, on the assessment and valua- sum för occupy
ing claimant, the tion of the valuable and fasting improvements, deducting there. suc from the damages (if any, sustained by waste, together with ant inay demand
the value of the the net annual value of the rents and profits which the de
land without im fendant or defendants may have received, atter the commence-provements, or
pay the sum ment of the action of ejectment as aforesaid; the successful pa claimant or his heirs, or the guardians of such heirs, they being minors, may at his, her, or their election, either demand of the occupying claimant the value of the land without improvemeats, so as aforesaid assessed, and tender a deed of the land in question to the occupying (claimant]; or he, she or they may pay the occupying claimant the sum so allowed by the jurors in his favor, witnin such reasonable time as the court shall allow.
Ser. 9. That if the successful claimant, his heirs, or the corre guardians of such heirs (they being minors,) shall elect to pay, claimant pay the and do pay to the occupying claimant, the sum so reported in suin assessed, his favor by the jurors, within such reasonable time as the court writ of posses have allowed for the payment; then a writ of possession shall sion issile in favor of said successful claimant, his heirs, or the guardians of such heirs.
Sec. 10. That is the successful claimant, his heirs, or the guardians of such heirs, (they being minors,) shall elect to successful
claimant elect to receive the value of the land without improvements, so as re eive the value aforesaid assessed, to be paid by the occupying claimant of the land, and
it le not paid in within such reasonable time it the court may allow, and shall the tigre timido
be shall have a by the court, he
gure he tender a general warrantce deed of the land in question, cou. sball have a writ yeying such adverse or hetter titie, within said time allowed by of poskession the court for the payment of the money in this section men
tioned; and the occupying claimant shall refuse or neglert to pay said money (the value of the land without the improve. ments,) to the successful claimant, his heirs or their goaidians, within the time limited as aforesaid, then a writ of possession shall be issued in favor of said successful claimant, his heirs or their guardians.
Sec. 11. That the occupying claimant or his heirs, shall in Occupying taimant having
ing 110 case be evicted from the possession of such land, unless 15 is paid into couri provided in the two preceding sections, where an application ihe value of the is made for the value of improvements under this law; and in land on the clee. tion of the suc. all cases where the occupying claimant or claimants, or his or cessful claimant, their heirs, shall bave paid into court the value of the lanas in may obtain a cecree for a title question, without improvements, within the time allowed by
the court, (when an election has been made by the succesalul claimant or claimants, his or their herrs or guardians as aforesaid, to surrender any tract of land under the provisions of this act,) such occupant or his heirs may, at any time after such payment shall have been made, file his, herortheir bill in chance ry, in the court where such judg nestos eviction was obtained, and obtain a decree for the title of such land, is the same had not been previously conveyed to such occupant as aforesaid.
Sec. 12. That the acts for the relief of occupying claimants Alas repeated of land, passed Febmiary sixteeath, cighteen hundred and ten,
and January ninth, eighteen hundred and sixteen, and Febru. ary twenty-third, eighteen hundred and twenty, and February first, eighteen hundred and twenty-one, and the "Act supplementary to, and explanatory of the act entitled 4.n act for the relief of occupying claimants of land, passed the twenty-third day of February, eighteen hundred and twenty," passed January twenty-ninth, eighteen hundred and twenty-seven, be,
and the same are hereby repealed: Proviileil, That all claims Proviso as to pending now pending, or which may be undetermined in any court,
shall be proceeded in under the formerlaws in force.
This act to take effect from and after the first day of June next.
JAMES M. BELL, .
Speaker of the Senale.
AN ACT authorizing and rogulating arbitrations.
· Ohii, That all persons who shall have any controversy of roncoreal estate is troversies, except when the possession or title or real estate
Acontrover: gr3 Where title
may be submit
d to arbitra
bonds, what shall be set forth
time to time
may come in question, may submit such controversy or contro- not questioned versies to the arbitration or umpirage of any person or persons, m to be matu lily agreed upon by the parties; and they may make tion such sabmission a rule of any court of record in this State,
Sec. 2. 'Phat the parties to such submission may enter into Arbitration arbitration bonds; which bonds shall be conditioned for the faithful performance of the award or umpirage, setting forth therein the name or names of the arbitrators or umpire, and the matter or matters submitted to his or their determination; and, when such is the agreement, that such submission be made a rule of any court of record within this State, or a rule of any particular court of record named in the submission.
Sec. 3. That said arbitration bonds shall specify some cer- Arbitrators may tain time and place, at which said arbitration shall be held, adjourn from allowing said arbitrators or umpire liberty to adjourn from time to time, until an award or umpirage be made; some time certain being specified in said bond, at which said award or umpirage be made up.
Sec. 4. That the parties shall have the benefit of legal pro- Clerk of C. Por cess, to compel the attendance of witnesses; which process shall justices may is.
sue subpoentas be issued by the clerk of the court of common pleas, or any jus- for witnesses tice of the peace for any county in which such arbitration shall be held, and shall be returnable before the umpire or arbitrators, on a day and place certain, named therein.
Sec. 5. That any person disobeying such process, after be- Person disobeying duly served therewith, shall be deemed guilty of contempting such process
guilty of con of the court from which such process issued; and on complaint tempt, and may made by the party injured, to the court of common pleas, be punished as whose clerk issued such process, or to the justice, as the case may be, such court or justice may subject the person disobeying such process, to the same penalties and forfeitures, and in the same manner, as such court or justice is authorized to indict upon persons disobeying writs of subpoena in other cases.
Sec. 6. That the umpire or arbitrators, and all witnesses Arbitra for either party to such arbitration, examined by the umpire pire and witnesor arbitrators, shall be under oath or affirmation, to be admin-ses shal istered to him or them respectively, by any judge or justice of the peace of the proper county.
Sec. 7. That the award of the umpire or the arbitrators, Awa or a majority of them, shall be drawn up in writing, and signed writing, signed, by such umpire or arbitrators, named in the submission, or a and a copy deli.
avered to each majority of them; and a true copy of said award or umpirage party shall, without delay, be delivered by the umpire or arbitrators, to each of the parties in interest. We
Sec. 3. That if either of the parties shall refuse or neglect One party refu. to comply with said award or umpirage, the other party may sing to comply
with award, the file the same, together with the submission or arbitration bond, other may' Ale in the court named in the submission; or if no particular court same in court be named therein, then in the court of common pleas in the County where said arbitration is held.
in other cases
Award to be in
Sec. 9. That such court, at the next term thereof after If for payment filing the same as aforesaid, if no legal exceptions be made or of money, coure taken to said award or other proceedings, and said 'award is may enter judg ment thereon for the payment of money, shall enter up judgment thereon, as and issue execu. on a verdict of a jury between the parties; and issue execution
thereon as in other cases, immediately after the amount speci. fied in said award is due and payable.
Sec. 10. That so far as said award or umpirage directs the
performance of any act or thing, other than the payment of moOther awards, how enforced' ney, the party disobeying the same shall be liable to be pun
ished as for a contempt of court, either by attachment, sequestration or execution, as the nature of the case may require.
Sec. 11. That if any legal defects appear in the award or For what causes other proceedings, or if it shall be made to appear, at the term award may be of the court to which said award and arbitration bond are enset aside
tered in said court, on oath or affirmation, that said award or umpirage was obtained by fraud, corruption, or other undue means, or that said arbitrators or umpire misbehaved, said court may set aside said award or umpirage, or make such order thereon as may be just and right.
Sec. 12. That in all cases, the party enforcing any award Party enforcing shall produce satisfactory proof to the court, of the due execuaward, must tion of the submission, or arbitration bond; and that the party prove the execu. tion of arbitra. refusing or neglecting to obey the award or umpirage, hath tion bond, fica been furnished with a true copy thereof, at least ten days be
fore the term at which the application to enforce such award is made.
Sec. 13. That each person chosen, and performing the duFees of arbitra: ties of an arbitrator or umpire, under this act, shall be entitled fors, $
to receive one dollar per day for his services; and every witness for his attendance, and justice or judge for administering
oaths or affirmations, the same fees as in other cases: which Shall be inserted fees shall be taxed by the arbitrators, and inserted in their
award or umpirage.
Sec. 14. That an act, entitled "An act authorizing and reActs repealed gulating arbitrations,” passed February 14, 1805; and an acte
entitled “ An act to amend the act, entitled . An act authorizing and regulating arbitrations," passed February 11, 1828; be, and the same are hereby repealed.
This act to take effect and be in force, from after the first day of June next.
JAMES M. BELL,
Speaker of the Senate. -