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This act to take effect an: be in force from and after the first day of June next.
JAMES V. BELL,
SANCEL R. MILLER,
Speaker oj the Senate.
AN ACT to enable the holders of land within this State to perpetuale testi
mony relative to their lands.
Sec. 1. Be il enacted by the General Assembly of the State of owners of land Ohio, That it shall be lawful for any person or persons, their way call or yo ayent or attorney, owning or being interested in any tract or
Honor, and plant tracts of land within this State, any corner or corners of which shall or may be in a decayed or perishable condition, to call on the surveyor of the county where the land lies, to make a survey thereof, and cause to be planted at each of such decaycd corners, a stone or post, noting particularly the situation and condition of the original corner trees, called for in the original survey, and also of all the places of notoriety, over or hy which the lines of said survey may pass; and the surveyor shall make out a plat, and certificate of such survey, under his hand, noting the names of the chain men, marker, and other persons present, at the planting of any corner stone or post, as aforesaid, and noting also the variation from the original lines, at the time of making such survey.
Sec. 2. That when the corner or corners of any such survey shall have been or may hereafter be distroyed, it shall and may be lawful for the owier or owners, their agent or attorney, of any such survey or other lands, the title of which may be affected by the loss of such corner, to call on the surveyor of the county in which the land may be situated, whose duty it shall be to attend on the ground where it is intended to establish such corner or corners, at such time as the applicant shall appoint; and the said surveyor is hereby authorized and re. Bu
Bized and re. Surveyor may is
$!**warrant for quired to issue his warrant, directed to any constable or other witnesses fit person to execute the same, to cause to come before him such witness or witnesses, as well without as within his county, as the person demanding such warrant, or other person interested, may require; and said surveyor is hereby authorized to examine said witness or witnesses on oath or affirmation, touch. ing the existence and situation of such corner or corners, or any other matter in relation to the entry or survey of such land, and take the same in writing, which shall be signed by the deponent or deponents, and certified and signed by the survevor: and in making a survev of the land, and planting stones or posts fiones may lp at the corners, agreeably to the first section of this act, the Prai aurveyor shall have reference to, and be governed by the depu.
sition or depositions so as aforesaid taken, and shall specify the same in his certificate of survey, in which shall also be pientioned the names of the persons present at the planting of any
corner stone or post as aforesaid: Provided, That no person Πτοβο
who resides without the county where said depositions are to be taken, shall be bound to attend, unless his traveling fees, both going and returning, and for one day's attendance, shall have been tendered him; nor shall any witness atiending from without the county, be obliged to attend more than one day, unless additional fees for such attendance shall be tendered.
Sec. 3. That previous to taking any depositions as aforeNotice to whom said, notice shall be given at least twenty days to the owner on given or owners, their agent or attori.ey, if known, who have adjoin
ing lands; and if the owner or owners, their agert or attorney, are not known, or reside out of the State, the applicant shall, in some public newspaper, printed in the county where the band lies, if any such be printed therein, if not, in a newspaper printed within the State, and nearest the land to be surveyed, give notice of his intention to take depositions at a certain time and place, by adrertisement inserted for six weeks successively in said paper, the last insertion of which, shall be twenty days previous to the time of taking such depositions; in which notice, a description of the adjoining lands shall be given; evi
dence of which notice shall be produced to the surveyor, preShall be returned vious to his taking any depositions as aforesaid: and the said with plat &c.
surveyor shall return with his proceedings the original notices, which shall be in writing, with the evidence of their having been served, and a copy of the advertisement, if any, with the evidence that the same has been published, and which shall be recorded with the said survey and depositions.
Sec. 4. That any county surveyor, making surveys under Surveyor to the provisions of this act, sball record the plat and certificate of pai &c. thereof, in a book kept by him for the purpose of recording sur
veys, and deliver the original, with any depositions taken, as Which shall be provided for in this act, to the recorder of the county, who shall
record all such plats aud certificates, and depositions, with the notices and advertisements, if any, with the evidence in relation thereto, in a book, to be provided by him for that purpose, and shall, on demand, deliver the originals to the person at whose instance such survey was made, or depositions taken.
Sec. 5. That the plat and certificate of any county su: veyPlat or copy, or, made, or depositions taken, agrerably to the provisions of
this act, or a certitied copy thereof, from the recorder's chce, shall be good evidence in any court of law or equity within this State, in any cause wherein the role of any land to whic? they may apply, may he affected: Providerl, That the depositions of witnesses recorded as aforesaid, shall only he received when the wine-ses are dead, or without the jurisdiction of the court.
Sec. 6. That county surveyors shall receive for services performed under this act, at the rate of tiro dollars per day;
and for making out and recording plats and certificates, the Fecs, and become same fees that are allowed for similar services in other cases; paid, chain men and markers shall be allowed seventy-five cents each, per day; and each witness seventy-five cents per day: and if said witness reside out of the county in which sach corner or corners may be situate, and which he is summoned to establish by his testimony, such witness shall be allowed the sum of one dollar for every twenty-five miles he may be required to travel, in going from and returning to his place of residence; and recorders the same fees as are allowed for similar services in other cases: all of which expenses shall be paid by the person or persons applying for such survey and depositions; who may recover from the persons owning the adjoining land, that may be benefited by the perpetuation of such testimony, their equal proportion of the expense incurred in obtaining such evidence.
Sec. 7. That the act to enable the holders of land within this State, to perpetuate testimony relative to their lands, pas- Act reptares sed twenty-fifth of January, one thousand eight hundred and nineteen, be, and the same is hereby repealed.
This act shall be in force from after the first day of Jane next
Speaker of the Senale:
AN ACT declaring offices vacant in certain cases, and to provide for filling
Sec. 1. Be it enacted by the General Assembly of the State of commissions Ohio, That every commission that may be hereaster issued by judges co ne sent the governor, to any judge of the supreme court, president or bor associate judge of either of the courts of common pleas, shall clerk C C P 01 be transmitted by the secretary of state to the clerk of the court county where of common pleas of the county wherein such judge may reside; and it is hereby made the duty of such clerk, to receive and Clerk's daig forthwith to transmit the same to the person entitled thereto: whereupon, such person having received such commission, shall Judge to take ani take the oath or affirmation required by the constitution and oath and trane. laws of this State, and transmit a certificate thereof to the same sam clerk, signed by the officer administering such oath or affirmation, within twenty day. after he shall have received such commission; and the county commissioners of the county to which such commission may be forwarded, shall make an allowance to the said clerk, for postage and other expenses necessarily in. curred, in complying with the reqaisitions of this section, in
by he serretary of state to the
same to cleri
free to be considcred vacant
sball he taken
· be paid out of the county treasury, in case the person entitled
to receive said commission should refuse to accept the same and pay said expense.
Sec. 2. That in all cases where such certificate may not be In what cases of transmitted to the clerk, within the said twenty days, as is
herein above provided, the person entitled to receive such con dission shall be deemed to trave retused to accept the of. fice mentioned in such commission, and said office shall be considered vacant; whereupon, said clerk shall, forthwith thereafter, certify the said matter to the governor, who shall proceed according to law to fill said vacancy.
Sec. 3. That in case any judge of the supreme court should emoval of remove his residence out of this State, or any president of the judge without court of common pieas out of his circuit, or any associate judge bis jurisdiction out of his county, he shall be considered as having resigned as a resignation and vacated his office; whereupon, such vacancy shall be filled
according to law.
Sec. 4. That every sheriff, coroner, justice of the peace, or Every officer other officer, of whom bond or security may be by law required,
y previous to the performance of the duty required of bim, who he by law requi. shall ncglect or refuse to execute such bord, or find such secu
ese. rity, agreeable to, and within the time prescribed by law, and cuie same, $c. in all respects to qualify himself for the performance of his of
to ficial duties; such sheriff, coroner, justice of the peace, or other aceept his ofice officer, shall be deemed to have refused to accept his office, and
the same shall be considered vacant: whereupon, such vacancy shall be filled as other vacancies are by law to be filled.
This act to take effect and be in force from and after the first day of June rrext.
Spcaker of the Senale:
of whom bond or security may
shall be taken to have refused to
AX ACT authorizing the governor to Gil vacancies in certain cascs.
Sec. 1. Be it enacted by the General Assembly of the Stale of Ohio, That when any officer, the right of whose appointment is, or may be, vested in the General Assembly, shall, during the recess die, or his office by any means become vacant, the gove ernor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the Legislature.
This act to commence and be in force from and after the passage thereof.
MICHAEL BALDWIN, Speaker of the House of Representatives.
DANIEL SÝVMES, l'ebruary 11, 1605.
Speaker of the Senale.
AN ACT to provide for commissioning certain officers.
Speaker of the Senate.
• AN ACT for appointing Notaries Public.
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of the governor of inis State to point notaries appoint and commission notaries public, in such towns or coun. ill vacancies ties severally, as he may deem necessary; and to fill any vacan. cies which may happen in said appointments. Sec. 2. That each notary public shall be entitled to bolu To continue in
"office three years his office for three years, if so long he behave weil; and pre- and give bond to vious to entering upon the duties thereof, he shall give bond to governor of lake the governor, for the time being, in the penal sum of fifteen hundred dollars, conditioned for the faithful discharge of the duties of notary public, and shall take an oath or affirmation that he will discharge the same honestly and dili, ently, and without favor or partiality: and each notary public thus appointed and qualified, shall use and exercise his office for such place as shall be expressed in his commission; and due faith Faith to be given and credit shall be given to his protestations, attestations, and to his acts other instruments of publication.
Sec. 3. That each notary public shall provide a notarial To provide a no seal, with which he shall authenticate all his official acts; on tarial seal which seal shall be engraved the arms of this State and place of his office; which seal, together with the registers and official Seal, &c. exempt doc'ments shall not be lizble to be seized on by any execution: "0 and in case of the death or removal of said notary, the aforem
ore In case of death,
&c documents to said register and official documents shall be lodged in the office be lodged with of the recorder of deeds, in the proper county, for the use of recorder his -uccessor in office. Sec. 4. That every cotary public may demand and receive, for