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tors, witnesses, spective courts; and all attorneys, counsellors at law, clerke and jurors 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.
Sec. 6. That no person shail be arrested, while doing militia Nexsong doing mi duty under the order of his commanding officer, or while going Htia duty privi to, or returning from, the place of duty or parade; nor shall
piviere on ae any person be arrested in the Senate Chamber or House of Re. count 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 month of July, the anniversary of American independence.
Sec. 7. That each and every officer or soldier of the Revo, Officers and solutionary war, and each and every female, shall be privileged diers of the Revo from arrest or imprisonment, on any process, nesne or final, for mules privileged any debt, or claim, or demand, where the cause of the action
is founded upon contract.
Sec. 8. That nothing herein contained shall be so construed, Privitese not to as to extend to cases of treason, tel ny, or breach of the peace, extend to trea or to privilege any person herein named from being served at son, selony, or
any time with a summons or notice to appear; and all arrests, breach of the peace, or to pre. not contrary to the provisions herein contained, made in any veat service of place, or on any river or waier course, within, or bounding on
this State, shall be deemed lawful. "
Sec. 9. That when any of the aforesaid members or officers
of the General Assembly shall be arrested during the sitting of restiny 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 writien notice charge thereof, to the house of which the person arrested shall be a
member or officer.
Sec. 10. That if any person shall be arrested contrary to the Privileged per provisions herein contained, such person may and shall be disson arrested, charged by a writ of habeas corpus, or in a summary way by ed hy habeas cor motion, before the court from which the process shall have 15pus.or on mocion gued, at the costs of the party suing out such process,
Sec. 11. That the act, entitled "An act securing certain perActs repealed sons from arrest, in certain cases," passed February the four
teenth, 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 Jane next.
JAMES M. BELL,
Speaker of the Senate.
AN ACT for the confinement of prisoners under the authority of the Vpitci
. States, in the juils of this State. WHEREAS, it hath heretofore been recommended by Con
gress, to the Legislatures of the several States, to pass lats, making it expressly the duty of the keepers of the jails to receive, and safe keep therein, all prisoners committed under the anthority of the U:ited States, until they shall be discharged by due course of the laws thereof, under the like penalties, as in the case of prisoners committed under aq- : thority of such States respectively; the United States to pay for the use and keeping of such jails, at the rate of fifty cents per month for each prisoner who shall under their authority be cominitted thereto, during the time such prisoner shall be therein confined; and also, to sap sort such of said prisoners as shall be committed for offences: Therefore,
Sec. 1. Be it enacted by the Gentral Assembly of the State of Sherille, Ohio, That the sheriff or keeper of every jail in any county of receive prisoners · this Stata, shall be, and he is hereby authorized and required, to co receive all prisonc:s 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 scrvices 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 y 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, together with an account of their subsistence, at the rate estaba lished 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 bex fore the last day of March, annually, for allowance.
* THOMAS KIRKER, December 20, 18ØR.
: Speaker of the Senale:
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 deern 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
prieve is granted, shall be specified in the warrant, and the per. son accepting of such conditional reprieve, shall subscribe such acceptance upon the warrant containing the conditions of re.. prieve, 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 therce after be evidence for and against the person accepting such con ditional reprieve.
Sec. 2. That is, in any case of reprieve, the Governor shall The Governor deem it expedient and proper to confine the person so reprieved
ne 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
in custody, shall convey him or her to the penitentiary, in the same the penitentiary
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.
Sec. 3. That if any person reprieved according to the first Proceedings section of this act, shall violate the conditions upon which such
jane reprieve is granted, such person shall be proceeded against as in
other cases of persons escaping from prison, charged with, or
Speaker of the Senate.
may stipulate for the confine
son reprieved in
When conditions of reprieve are solated
AN ACT to provide for the election of county recorders, and prescribing
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 rea corder, who shall hold his office for three years, if he so long behare well, and until his successor shall be chosen and qualified.
Sec. 2. That the recorder shall keep his office at the seat of To keep his ofjustice 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 Oat de 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 bond preserved: Provided, That in all cases where the same person shall be filed shall be elected to the office of county recorder and county auditor, the recorder shall file his official bond with the county treasurer.
Sec. 3. That in case the office of recorder in any county comm 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. The
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
m ot priority of prefor that purpose, at the expense of the county, all deeds, morte gages, 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 to instrument of writing, for record, the recorder shall indorse ceiving deeds fc 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.
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
of records when 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.
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, fe. to bis
sukceseor and other instruments of writing, belonging to said office, and shall take his successor's receipt therefor; and in case of the
His duty on re
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 For neglect or deed, or other instrument of writing, presented to him for reoffice, shall be
cord, (the legal fee for recording the same being paid or tenliable to a suit' dered;) or shall refuse to give a receipt therefor, when requir
ed; 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 May also be in injured: he shall be liable to a suit on his bond, at the instance dicted, fined, removed from ole and for the use of the party injured by such improper conduct; fice, &c. 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 nest succeeding.
Sec. 9. That the act to provide for the election of county Act repealed 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.
JAMES M. BELL,
Speaker of the Senate.
AN ACT to provide for the proof, acknowledgment and recording of Deede,
and nther instruments of writing. Sec. 1. Be it enacted by the General Assembly of the State of cuteni fe acknow Ohio, That when any man, or unmarried woman, ahove the age ledged
of twenty.one years, shall execute, within this State, any deed,
Deeds how exc