Sec. 33. That said property shall be sold on a credit of not to sell on credit more than nine months, nor less than three months; and the commissioner shall, in all cases of sale on credit, require and take bond or note, with sufficient security: Provided, That when one person shall not purchase to the amount of five dollars, the commissioner shall require of such purchaser, payment at the time of sale. delay Commissioner to Sec. 40. That the commissioner, after the assignment of the To collect deb rights and credits of any applicant, shall forthwith collect and assigned without reduce such rights and credits to possession, with as little expense as possible; and when in the opinion of the commissioner, any debtor of such applicant is insolvent, or any debt so assigned cannot be collected, the commissioner shall not put such debt in suit at the expense of the estate of the insolvent. Sec. 41. That as soon as the commissioner shall have sold all the property assigned to him, and collected the proceeds of notify creditors sale, and also the money due to the applicant, or sooner if the by advertise interests of the creditors require it, said commissioner shall their claims give notice to the creditors by advertisement, published for at Least three weeks successively, in some newspaper of general circulation in the county, to present their claims for dividend; which claims shall be presented to the commissioner, within sixty days from the day on which such notice shall be first published as aforesaid. ment to present compromise or Sec. 42. That the commissioner shall have power to com- Commissione promise and settle all claims assigned to him, and to adjust, by empowered to arbitration or reference, all matters of dispute, wherein he arbitrate claim's may be interested as commissioner; and if any claim against assigned to hig the applicant shall be presented to him, which he shall not al- etc.] low, it shall be the duty of the commissioner, forthwith to nofify such claimant, his agent or attorney, that his said claim is not allowed, and the commissioner shall defer making any dividend for twenty days after such notice given. creditors Sec. 43. That at the expiration of the time limited for the ro make div presentment of claims as aforesaid, the commissioner shall dends amongst make an equitable dividend of the money in his hands, (after deducting the fees allowed by this act to be deducted therefrom,) amongst the creditors whose claims shall have been presented and allowed as aforesaid; and so from time to time, to make dividends as money shall come to his hands, first giving notice as aforesaid. from dividend Sec. 44. That if the creditor, whose claim is not allowed Creditor neglet?' by the commissioner, shall not, within the period of twenty ing to establish days after being notified as above provided, commence suit his claim, barred against the applicant, and prosecute the same to judgment, or otherwise procure his said claim to be allowed by the commis sioner, he shall be barred of the next dividend thereafter to be made: Provided. That no acknowledgment of the defendant, made after his said application, shall be admitted in evl dence, to prove such claim: Provided, also, That.if any suite Creditor estab. Ishing his claim after one divi dend, made equal in next Commissioner may admin ster baths Creditor not named in schedule, may estab commenced as aforesaid, shall not be finally determined before the expiration of twenty days as aforesaid, the commission.er shall defer making a dividend until such suit shall be finally determined. Sec. 45. That if any creditor shall fail to present and establish his claim, before a dividend shall have been made as aforesaid, and shall afterwards present and establish his claim as before provided, he shall receive upon such second, or other subsequent dividend, such sum as will make him equal with those creditors who have before received a dividend: Provided, That no creditor in whose favor a dividend has been made, shall be bound to refund the same, or any part thereof, in favor of a creditor, whose claim shall have been established subsequent to such dividend made. Sec. 46. That the commissioner is hereby authorized to administer the oaths by this act required to be administered, to any applicant and petitioner; and also to administer oaths to any other person, in any matter pertaining to the duties of his office. Sec. 47. That if any creditor whose name is not on the schedule, shall present and establish his claim before the commissioner, he shall be entitled to a dividend with the other lish claim and creditors; in which case, such creditor shall be bound by all share the divi- the provisions of this act, in the same manner as if he was named in said schedule of creditors, made before the commis<< sioner. dend applicant may retain Sec. 48. That the commissioner shall permit the applicant What property for relief ander this act, to retain for his own use, his necessary bed or beds and bedding, and the wearing apparel for himself and family, and such other property as by law is, or may be excepted from execution; which property, except the wearing apparel, shall be inventoried in a separate schedule, which shall be kept by the commissioner; and no copy thereof shall be returned to the court, unless ordered by the court and the commissioner: or the court, as the case may require, shall judge of the sufficiency or excess of the beds and bedding, or wearing apparel, so retained, and may allow the whole, or any part thereof to be retained, as shall be just. Resignation of commissioner County auditor to officiate as Sec. 49. That all resignations of the office of commissioner of insolvents, shall be made in writing to the clerks of the court of common pleas of the proper county. Sec. 50. That until a commissioner shall be appointed under this act, and qualified according to law, to act in each commissioner county, or in case of the death, absence or inability of said commissioner, it shall be the duty of the county auditor to perform all the duties of commissioner of insolvents, as prescribed by till one be ap pointed law. Sec. 51. That it shall be lawful for the courts of common Courts may apples in each county, at any time after the passage of this act, to appoint à commissioner of insolvents, who shall give bond goint at any and take the oaths prescribed by law; and the commissioner so appointed, shall enter upon the discharge of the duties of his office, after the taking effect of this act. Sec. 52. That the commissioner shall have right to demand Commissioner's and receive from each applicant, the following tees, viz: For fees, and how writing a bond, twenty five cents; for writing the several sche-paid dules, inventories and assignments of property, hereinbefore required, ten cents for each hundred words; for any examination of the applicant before the commissioner, at the time of making the application, ten cents for each hundred words; for publishing notice of application in a newspaper, fifty cents; and for each notice of such application to be set up, ten cents; and for the certificate of such application and discharge, twenty-five cents: which fees the commissioner shall have right to d mand, before he shall be required to deliver to the applicant suh certicate: and at the final hearing and determination of the petition, no judgment shall be rendered by the court for such fees, if the petitioner shall have paid the same. in relation Sec. 53. That for making copies, to be returned to the Further prot court, as hereinbefore provided, and for all other writings re quired to be done by any person under this act, the commis- to fees sioner, or other person doing the same, shall be entitled to the same sum for each hundred words, that now is, or hereafter may be, allowed by law, to the master commissioner in chancery, for taking depositions; for publishing notice in a newspaper to creditors, to present their claims when the same shall be required by law, twenty five cents, in addition to the sum actually paid to the printer; and for each notice set up when required, twelve and a half cent; and for all other services performed under this act, the commissioner, or other person performing the same, shall be entitled to a reasonable compensation, to be judged of and allowed by the court: which fees allowed by this section, and also the costs in court, may be retained, and paid by the conmissioner out of any money that may come to his hands, out of the effects of the applicant. deliver books," etc., to his suc Sec. 51. That it shall be the duty of every commissioner of Commissioner to insolvents. (and in case of death, then of their executors or administrators,) upon the appointment of a successor, to sur cessor render and deliver over to such successor, all books, records, papers, assets, moneys and other property in his possession, by virtue of his office; and such.successor shall receive and receipt for the same, and in all respects proceed as though such effects had originally come into his possession. Sec. 55. That the act, entitled "An act for the relief of insolvent debtors," passed February 23d, 1824; and the act, entitled "An act to amend the act, entitled 'An act for the relief of insolvent debtors," passed December 29th, 1824; be, and the same are hereby repealed: Provided, That all applica tions and other proceedings commenced under said acts shall be carried on to a final determination, and dividend of the ef Acts repealed fects of the petitioner shall be made according to the prov sions of said acts, in the same manner as if the same had not been repealed. This act to take effect and be in force from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. SAMUEL R. MILLER, Speaker of the Senate: March 12, 1834. oned for debt limits AN ACT regulating prison bounde. Sec. 1. Be it enacted by the General Assembly of the State of Persons impris Ohio, That every person imprisoned for debt, either on mesne sha e allowed process or execution, shall be permitted and allowed the privi lege of prison bounds, which are or may be laid off and assigned by metes and bounds, around or adjoining each county jail, by the judges of the court of common pleas: Provided, The same does not extend in any direction from said jail, more than four hundred yards; but such prisoner shall, in no instance, pass over or without said limits." Proviso give bond to cre ditor with two or more sureties Sec. 2. That no prisoner shall be entitled to the privilege Prisoner must of prison bounds, until he shall have given bond to the creditors, with two or more sureties resident in the county, such as two of the judges of the court of common pleas, or justices of the peace shall approve of, in double the sum for which such prisoner stands committed, for the prisoner's safe continuing in the custody of the jailer, within the limits of said prison bounds, until legally discharged; which bond shall be lodged with the sheriff, until the creditor or creditors shall demand the same: and when the condition of said bond is broken, the creditor may put said bond in suit, and have judgment entered against the sureties, for the debt, interest and costs, for which the pri goner stands committed. Act repealed Sec. 3. That an act allowing and regulating prison bounds, passed December nineteenth, 1799; and an act amendatory thereto, passed December sixth, 1800; are hereby repealed. This act shall take effect and be in force from and after the first day of June next. January 12, 1805. MICHAEL BALDWIN, Speaker of the House of Representatives. JOSEPH KERR, Speaker pro tem. of the Senate: AN ACT to amend the act, entitled "An act regulating prison bounds.” Sec. 1. Be it enacted by the General Assembly of the State of Prison bounds Ohio, That the prison bounds in the several counties in this extended State, shall be extended to the corporation limits of the town in which the prison may be situated: and in all cases where the town as aforesaid has not been incorporated, the bounds shall extend to the limits of the recorded town plat; any thing in the act to which this is an amendment, to the contrary, notwithstanding. This act to take effect and be in force, from after the passage thereof. JOSEPH RICHARDSON, February 1, 1821. Speaker of the Senate. AN ACT privileging certain persons from arrest and imprisonment. ral Assembly pr Sec. 1. Be it enacted by the General Assembly of the State of Members and off Ohio, That the members of the Senate and House of Represen- Cers of the Geve tatives, and the clerks, sergeant-at-arms, door keepers and mes- vileged from sengers, of either branch of the General Assembly, shall be rest privileged from arrest during the sitting of the Legislature, and also during the time necessarily employed in traveling to, and returning from, the place of their meeting; allowing one day for every twenty five miles of the distance, by the road most usually traveled. lege Sec. 2. That all proceedings in suits pending, in which any Penalty for ar of the persons above mentioned is a party, shall be staid during rest during privi the time aforesaid: and whoever shall arrest either of the persons above named, during the time they are entitled to privilege, as above provided, shall forfeit and pay for every such of fence, the sum of one hundred dollars; to be recovered, with costs of suit, by action of debt, in the name, and for the use, of the person injured. Electors pri leged Sec. 3. That all persons legally qualified to vote for repre sentatives to the General Assembly, shall be privileged from arrest during the time of their attendance at the election, and while on the way going to, and returning from, such elections. Sec. 4. That the judges of the supreme court, and the presiIdents of the courts of common pleas, shall be privileged from arrest while attending courts, and also during the time necessa- court of common rily employed in going to, holding, and returning from, the said pleas courts, which it is made their duty to attend. Also judges of au preme court and Sec. 5. That the associate judges of the several courts of Attorneys, offi common pleas within this State, during the sitting of their re cers of court, sui |