and jurors tors, witnesses, spective courts; and all attorneys, counsellors at law, clerke sheriffs, coroners, constables and criers; and all suitors, witness es, and jurors, while attending court, and whilst going to, and returning from court, shall be privileged from arrest. leged Sec. 6. That no person shall be arrested, while doing militia Persons doing mi duty under the order of his commanding officer, or while going fitia duty privi to, or returning from, the place of duty or parade; nor shall Privilege on ae any person be arrested in the Senate Chamber or House of ReCount of place presentatives, during their sitting; or [in] any court of justice, during the sitting of the court; or on the first day of the week, commonly called Sunday; or on the fourth day of the mouth of July, the anniversary of American independence. and time Sec. 7. That each and every officer or soldier of the RevoOfficers and sollutionary war, and each and every female, shall be privileged diers of the Revo from arrest or imprisonment, on any process, mesne or final, for males privileged any debt, or claim, or demand, where the cause of the action is founded upon contract. Pution, and fe Privilege not to Sec. 8. That nothing herein contained shall be so construed, as to extend to cases of treason, felny, or breach of the peace, extend to trea or to privilege any person herein named from being served at son, felony, or any time with a summons or notice to appear; and all arreste, peace, or to pre- not contrary to the provisions herein contained, made in any vent service of place, or on any river or water course, within, or bounding on this State, shall be deemed lawful. breach of summons Duty of officer ar Sec. 9. That when any of the aforesaid members or officers of the General Assembly shall be arrested during the sitting of resting a member the Legislature, upon any charge of treason, felony, or breach of or officer of the the peace, it shall be the duty of the person issuing the process bly on criminal on which the arrest is made, forthwith to give written notice thereof, to the house of which the person arrested shall be a member or officer. General Assem charge Privileged son Sec. 10. That if any person shall be arrested contrary to the per provisions herein contained, such person may and shall be disarrested, charged by a writ of habeas corpus, or in a summary way by ed by habeas cor motion, before the court from which the process shall have 18pus.or on motion sued, at the costs of the party suing out such process. may be discharg Acts repealed Sec. 11. That the act, entitled An act securing certain persons from arrest, in certain cases," passed February the fourteenth, one thousand eight hundred and five; and the act, entitled "An act to exempt from imprisonment for debt, soldiers of the Revolutionary war," passed December twenty-ninth, one thousand eight hundred and twenty-four; be, and the same are hereby 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. February 24, 1831. Speaker of the Senate. AN ACT for the confinement of prisoners under the authority of the United WHEREAS, it hath heretofore been recommended by Con- authority of the Sec. 1. Be it enacted by the General Assembly of the State of Sheriffs, &c. to Ohio, That the sheriff or keeper of every jail in any county of receive prisoners this State, shall be, and be is hereby authorized and required, to committed by receive all prisoners committed to his custody by the authority United States of the United States, and to keep them safely until discharged by due course of the laws of the same; and if any sheriff or jailer shall neglect or refuse to perform the services and duties required of him by this act, or shall offend in the premises, he shall be liable to the like penalties, forfeitures and actions, as if such prisoner or prisoners had been committed under the authority of this State: Provided, That every prisoner who shall be committed for any offence by the authority of the United States, shall be supported at the expense of the same, during his or her confinement in said jail. Sec. 2. That the sheriff or keeper of every jail shall, on Account, &c. to the first Monday of January, annually, make out, under oath or be made out affirmation, the name or names of all prisoners who, within the year then last past, shall have been committed to his custody, under the authority of the United States, and the time that he, she or they shall have been respectively confined, with an account of the expense thereof, at fifty cents per month, for the use and keeping of such jail, for every person so committed, to gether with an account of their subsistence, at the rate established by law for State prisoners, unless provided for by the United States, and transmit the same to the auditor of this State, who is hereby authorized and required to draw on the treasurer of this State, who shall pay the said account out of any public money in his hands not otherwise appropriated; and the said auditor is hereby required to exhibit the several accounts by him received as aforesaid, against the United States, on or be fore the last day of March, annually, for allowance. December 20, 1808. ABRAHAM SHEPHERD, Speaker of the Senate prieved to sign AN ACT to provide for the safe keeping of persons that may be reprieved by the Governor. Sec. 1. Be it enacted by the General Assembly of the State of The person re Ohio, That whenever the Governor may deem it expedient and the conditions as proper to reprieve any person under sentence of death, upon specified in the any condition whatsoever; the condition upon which such re warrant may stipulate son reprieved in prieve is granted, shall be specified in the warrant, and the person accepting of such conditional reprieve, shall subscribe such acceptance upon the warrant containing the conditions of reprieve, in the presence of two witnesses, who shall attest the same: and such witnesses shall go before the clerk of the court where such sentence is recorded, and shall prove the same; and such clerk shall thereupon record the warrant of reprieve, together with the acceptance and proof thereof, in the journals of the court: a transcript of which record shall at all times there after be evidence for and against the person accepting such con ditional reprieve. Sec. 2. That if, in any case of reprieve, the Governor shall The Governor deem it expedient and proper to confine the person so reprieved for the confine in the penitentiary, it being so specified in the warrant, the ment of the per sheriff, or other officer, having the person so reprieved in his the penitentiary custody, shall convey him or her to the penitentiary, in the same manner as other convicts are directed by law to be conveyed; and the keeper of the penitentiary shall receive such person, together with the warrant of reprieve, and shall proceed with such convict as such warrant may direct: and the expenses of transporting such person to the penitentiary, shall be allowed and paid out of the State treasury, as in other cases. Proceedings when conditions Sec. 3. That if any person reprieved according to the first section of this act, shall violate the conditions upon which such of reprieve are reprieve is granted, such person shall be proceeded against as in other cases of persons escaping from prison, charged with, or convicted of crimes. violated DUNCAN MCARTHUR, Speaker of the House of Representatives. ABRAHAM SHEPHERD, Speaker of the Senate. January 27, 1818, elected trien nially AN ACT to provide for the election of county recorders, and prescribing their duties. Sec. 1. Be it enacted by the General Assembly of the State of Recorder to be Ohio, That there shall be elected in each county in this State, on the second Tuesday of October, triennially, a county recorder, who shall hold his office for three years, if he so long behave well, and until his successor shall be chosen and qualified. of Justice Sec. 2. That the recorder shall keep his office at the seat of To keep his of justice of his county; and before he enters on the duties thereof, fice at the seat he shall give bond, with two or more securities, to the acceptance of the court of common pleas of his county, or two of the judges of said court, in the penal sum of two thousand dollars, payable to the treasurer of the county, and conditioned for the faithful discharge of his duties as recorder; and shall take and subscribe the following oath, to be indorsed on said bond, to wit: "I, A B, do swear [or affirm, as the case may be,] that Recorder's bath I will faithfully and impartially discharge the duties of recorder for the county of according to the best of my abilities and understanding:" and the bond so indorsed shall be filed in the office of the county auditor, and by him carefully Where boud preserved: Provided, That in all cases where the same person shall be elected to the office of county recorder and county auditor, the recorder shall file his official bond with the county treasurer. shall be filed Commissioners Sec. 3. That in case the office of recorder in any county shall become vacant by reason of death, resignation or remov- to fill vacancies al, the commissioners of the county shall appoint a recorder, who shall hold his office until the next October election. priority of presentation Sec. 4. That the recorder of each county shall record in a To record deeds fair and legible hand writing, in books to be by him provided &c. according to for that purpose, at the expense of the county, all deeds, mortgages, and other instruments of writing, required by law to be recorded, and which shall be presented to him for that purpose; and the same shall be recorded in regular succession, according to the priority of their presentation: and if a mortgage, the precise time of the day on which the same was presented, shall also be recorded. Sec. 5. That upon the presentation of any deed, or other His duty on res instrument of writing, for record, the recorder shall indorse ceiving deeds & thereon the date of its presentation; and if required, shall give for record to the person presenting the same a receipt therefor, without fee or reward, naming in such receipt the parties to the deed, or other instrument of writing, the date thereof, and giving a brief description of the premises: and when such deed, or other instrument of writing, shall be recorded, the recorder shall indorse thereon the time when recorded, and the number or letter, and page or pages of the book, in which the same is recorded. of records when Sec. 6. That the recorder shall keep a seal of office, to be To keep a seal, procured at the expense of the county; and shall make out for and make copies any person demanding the same, a fair and accurate copy of required any record in his office, and certify the same, and shall affix his signature and official seal to such certificate. suscessor Sec. 7. That each recorder, on going out of office, shall To deliver seal, deliver to his successor the seal of office, all the books, records, books, &c. to his and other instruments of writing, belonging to said office, and shall take his successor's receipt therefor; and in case of the For neglect or office, shall be liable to a suit misconduct in on his bond May also be in dicted, fined, re moved from of fice, &c. Act repealed Deeds how exe death of the recorder, his personal representatives shall deliver over the seal, books, records and papers, as aforesaid. Sec. 8. That if any recorder shall refuse to receive any deed, or other instrument of writing, presented to him for record, (the legal fee for recording the same being paid or tendered;) or shall refuse to give a receipt therefor, when required; or shall, without good excuse, neglect to record any deed, or other instrument of writing, within twenty days after the same is received for record; or shall demand and receive any greater fee for his services than is allowed by law; or shall knowingly indorse on any deed, or other instrument of writing, a different date from that on which the same was presented for record, or a different date from that on which it was recorded; or shall refuse to make out and certify a copy of any record in his office, when demanded, (his legal fee therefor being paid or tendered;) or shall purposely destroy, deface or injure any book, record or seal, belonging to his office, or any deed, or other instrument of writing, deposited therein for record; or shall negligently suffer the same to be destroyed, defaced or injured: he shall be liable to a suit on his bond, at the instance and for the use of the party injured by such improper conduct; and may also be indicted therefor: and if convicted on such indictment, may be fined in any sum not exceeding five hundred dollars, at the discretion of the court of common pleas of the county, in which such indictment shall be tried; and shall be forthwith removed from office by said court, and be ineligible as a candidate for re-election to the same office, for the three years next succeeding. Sec. 9. That the act to provide for the election of county recorder, passed February 11th, 1829, be, and the same is hereby repealed: Provided, That the recorders elected under the provisions of said act, and those heretofore appointed by the associate judges of the proper county, and whose term of service has not expired, shall continue to hold their respective offices for the term for which they were elected or appointed, in the same manner as if the acts under which they were elected or appointed, were not repealed. This act to take effect and be in force from and after the first day of June next. February 25, 1831. JAMES M. BELL, Speaker of the House of Representatives. AN ACT to provide for the proof, acknowledgment and recording of Deeds, and other instruments of writing. Sec. 1. Be it enacted by the General Assembly of the State of cute & acknow Ohio, That when any man, or unmarried woman, above the age of twenty-one years, shall execute, within this State, any deed, ledged |