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Notary s fees

every attestation, protestation or other instrument of publication, under the seal of his office, one collar; and for recording, in a book to be kept for that purpose, each attestation, protestation, or other instrument of publication, the sum of one dollar; which several sums shall be paid by the person or persons at whose instance the services shall be performed.

This act to take effect and be in force from and after the first day of May next.

MATTHIAS CORWIN,
Speaker of the House of Representatives.
PETER HITCHCOCK,
Speaker of the Senate.

February 7, 1816.

Common pleas

es, may appoint sherit in certain cases

AN ACT for the appointment of certain officers therein named.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That whenever the offices of sheriff and coroner, in any or associate judg. County, shall, from any cause, become vacant, the court of common pleas of such county, or the associate judges thereof, may appoint some suitable person to perform the duties of sheriff, until the next annual election: and whenever the sheriff and coroner shall be incapable of serving any process, when required to be served, by reason of absence, sickness, or other disability, or shall be incompetent to serve the same, by reason of interest, some suitable person may be appointed by the court of common pleas, or associate judges as aforesaid, to serve such process, or to perform the duties of sheriff, during the continuance of such disability.

discretion.

Sec. 2. That the court, or associate judges making such apMay require ec- pointment, may require the person so appointed, to give such curity, at their bond and security for the faithful discharge of the duties of his appointment, as they shall deem proper; and the person so apPower of person pointed shall have the same power, be subject to the same regu-. lations, in the service and return of process, and shall be entitled to the same fees, and be proceeded against for misconduct or neglect of duty, as other sherifls.

appointed

recorders and au

ditors, may ap.

Sec. 3. That the sheriff of any county may appoint one or Sherif's, clerks, more deputies, to be approved by the court of common pleas, or associate judges of such county; and the clerks of the supoint deputies preme court, and courts of common pleas, may each appoint a deputy, to be approved by their respective courts: the recorder of any county may also appoint a deputy, to be approved by the court of common pleas, or associate judges of such county; and the auditor of any county may appoint a deputy, to be approved by the commissioners of such county: Provided, That the court or county commissioners (as the case may e,) beesfied that the duties of recorder or auditor require such deputy.

Froviso

ATTORNEYS AND COUNSELORS AT LAW.

411

Sec. 4. That the appointment of every such deputy, shall be Principa' may evidenced by a certificate thereof, signed by his principal, and take bord dum his deputy, and shall continue during the pleasure of the principal: and every shall be liable for principal may take such bond and security from his deputy, as hus acts he shall deem necessary, to secure the faithful discharge of the duties of his appointment; and the principal shall, in all cases, be answerable for the neglect of duty, or misconduct in office, of his deputy.

Sec. 5. That every such deputy shall, previous to entering on Deputies to he the duties of his appointment, take an oate or affirmation, faitn- sworn. fully to perform all the duties of his appointment; and when

so qualified, the deputy may do and perform any and all of the Their power duties appertaining to the office of his principal.

Sec. 6. That the "Act for the appointment of certain offi- Act repealed cers therein named," passed January thirtieth, eighteen bundred and eighteen, be, and the same is hereby repealed: Pro- Proviso vided, That the repeal of said act shall not invalidate the appointment of any deputy heretofore made, in conformity with the provisions thereof.

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

February 17, 1831.

AN ACT to regulate the admission and practice of Attorneys and Counse ors at law.

Attorneys and counselors must

Be it enacted by the General Assembly of the State of Ohio, That from aud after the passage of this act, no person shall be permitted to practice as an attorney or counselor at be admitted by law, or to commence, conduct, or defend any action, suit or two judges of the plaint in which he is not a party concerned, either by using or subscribing his own name, or the name of any other person, unless he shall have been previously examined, and admitted, by any two judges of the supreme court.

supreme court

Sec. 2. That whenever any person shall apply to any two Judges to exa judges of the supreme court, to be admitted as an attorney or mine applicant counselor at law, it shall be the duty of the judges of said court, either by themselves, or some person or persons learned in law, by them appointed, to examine such applicant; and if on such examination had, the said judges shall be of opinion that the applicant is qualified, and is of good moral character, they shall

direct their clerk to administer an oath of office, and to record Oath to be admi the admission of such applicant.

Sec. 3. That no person shall be admitted to such examina

nistered

year required

two years study, &c.

Proviso

Residence of one tion unless he shall have previously resided one year within this State, and shall produce from some attorney or counselor at law a certificate, setting forth that such applicant is of goodA certificate of moral character, and that he has regularly and attentively stumoral character, died the law, during the period of two years previous to his application for admission, and that he believes him to be a person of sufficient legal knowledge and abilities to discharge the duties of an attorney or counselor at law: Provided, That any per son residing in this State, producing satisfactory evidence to the said judges, that he has been regularly admitted as an attorney or counselor at law in any court of record within the United States, and has been in the practice of law in some one of the United States, during the period of two years previous to his application for admission, may be admitted to an examination at any ime, by producing to said judges, from some practicing attorney or counselor at law, a certificate, setting forth that such applicant is of good moral character, and has sustained the character of an able and fair practitioner; and said applicant satisfying the judges aforesaid, by affidavit or oath, that he actually resides in this State, and intends to becomes a citizen thereof.

ed

Proviso

Sec. 4. That the supreme court, or court of common pleas, Attorneys, &c. shall have power to suspend any attorney or counselor at law may be suspend- from practicing in their respective courts, for misconduct in of fice, or for good cause shown: Provided always. That every attorney of counselor, before he is suspended, shall receive a wri ten notice from the clerk of the court, stating distinctly the grounds of complaint, or the charges exhibited against him; and he shall, after such notice, be heard in his detence, and shall be allowed reasonable time to collect and prepare testimony in his justification: Provided also, That in case of a sus pension by the court of common pleas, an appeal may be had to the supreme court.

Proviso

Must be citizens

Sec. 5. That no person shall hereafter be permitted to practice as an attorney or counselor at law, in any court in this of the U. States tate, who is not a citizen of the United States, and who does not actually reside in this State, any license heretofore grant

from practicing

ed, to the contrary notwithstanding, except in causes in which he shall have been employed before the taking effect of this Indges, clerks, act; or who holds a commission as judge of the supreme court, & prohibited or a court of common pleas; or who is clerk of the supreme as attorneys, &c Court, or a court of common pleas, in any court of which he is clerk; or who is a sheriff, coroner. or deputy sheriff: Provided, That nothing herein contained, shall in any wise prevent attorneys or counselors at law from practicing in this State, who re sides in States or Territories which permit attorneys or counselors at law residing in this State, to practice therein: And provided further, That nothing in this act contained, shall prevent any judge of any of the courts of this State, from finishing any business by him undertaken in the circuit or district courts of the United States, prior to his appointment as judge.

Proviso

&c.

See. 6. That if any suit shall be dismissed for the non-atten- Attorneys liable dance of an attorney practicing in any court of record within for negligence, this State, such attorney not having a just and reasonable excuse, it shall be at his costs; and he shall be liable tor all damages his client shall sustain by such dismission, or any other neglect of his duty; to he recovered in any court of record within this State: and every attorney receiving money for his client, and refusing or neglecting to pay the same when demanded, shall be proceeded against in a summary way, on motion, before any court of record, either in the county in which judgment . shall have been rendered, on which such money shall have been collected, or in the county in which such attorney or counselor shall reside, in the same manner, and be liable to the same penalties, as sheriffs and coroners are liable to, for money received on execution.

Sec. 7. That the act, entitled "An act regulating the ad- Acts repealed mission and practice of attorneys and counselors at law," passed January twenty-seventh, eighteen hundred and ten; and the act amendatory thereto, passed January twenty eighth, eight en hundred and nineteen; be, and the same are hereby repealed.

This act shall take effect and be in force from and after the first day of June next.

JOSEPH RICHARDSON,
Speaker of the House of Representatives.

ALLEN TRIMBLE,

February 14, 1824.

Speaker of the Senate.

AV ACT to provide for the appointment of prosecuting attorneys.
Sec. 1. Be it enacted by the General Assembly of the State of
Ohio, That there shall be appointed by the courts of common
pleas, for the respective counties within this State, a prosecut-
ing attorney for each county, who shall hold his office during
the pleasure of the court, and whose duty it shall be to prose-
cute for and on behalf of the State, all complaints, suits, and
controversies, in which the State shall be a party, within the
county for which he shall have been appointed, both in the su-
preme court and court of common pleas: and for his services
he shall be entitled to receive such compensation for each term,
as shall be allowed by the court of common pleas of the county
wherein such services shall have been rendered; the amount
to be determined by such court annually, at their first term
after the first day of March, and to be paid out of the county
treasury, on the order of the county auditor.

M. T. WILLIAMS,
Speaker of the House of Representatives.
ALLEN TRIMBLE,

January 22, 1825.

Speaker of the Senate.

Preamble

of common schools

Amount of

how levied and Collected

AN ACT to provide for the support and better regulation of common schools,

Whereas, it is provided by the constitution of this State, that schools, and the means of instruction, shall forever be encouraged by legislative provision: Therefore,

Sec. 1. Be it enacted by the General Assembly of the State of A fund to be Ohio, That a fund shall hereafter be raised in the several counraised for the use ties of this State, in the manner pointed out by this act, for the use of common schools, for the instruction of the white youth of every class and grade, without distinction, in reading, writing and arithmetic, and other necessary branches of education. Sec. 2. That, for the purpose and use aforesaid, there sball be annually levied and assessed, upon the ad valorem amount sch of tax, and of the general list of taxable property, in each county of this State, the property of blacks and mulattoes excepted, three fourths of a mill on the dollar; which assessment shall be made by the county auditor, and collected by the county treasurer, in the same manner as all other taxes for State and county pur poses are directed by law to be levied and collected: ProviCounty comm'rs ded, That the county commissioners of any county may, it they may add fourth deem it expedient, at their annual session in June, direct the auditor of their county to levy, for the purpose aforesaid, one fourth of a mill on the dollar of the valuation of the taxable property in such county, in addition to the sum above named.

of a mill

tees to lay off and alter school 'districts

Sec. 3. That the trustees of each incorporated township in Township trus this State, where the same has not been already done, shall lay off their township into school districts, in the manner most convenient for the population and different neighborhoods thereof, paying due regard, in so doing, to any school house already erected, school district already laid off, incorporated school, and to schools in villages, or populous towns: and they may, from time to time, make such alterations in the districts, as, in their opinion, the general good of the townships, and the convenience of the i habitants, may require: Provided, That no alteration of any district shall be made, unless notice of the time and place at which the trustees will meet for the purpose of making the same, shall have been posted up in three public places in each district, in which an alteration is contemplated, at least twenty days prior to such meeting.

Proviso

Sec. 4. That when public convenience requires a school Districts includ district to be so formed, as to include a portion of two or more ing a portion of adjoining townships, whether such townships be in the same townships, how county or not, a majority of the trustees of such adjoining townTaid of or altered ships may meet, and lay off a district in such manner as will

two or more

best suit the population of their respective townships; and such district may, at any time, be altered by a majority of the trus tees of such adjoining townships, under the restrictions contained in the preceding section of this act: Provided, That the

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