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Notary s teus
every attestation, protestation or other instrument of publication, under the seal of his office, rine 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 9, 1816.
AN ACT for the appointment of certain officers therein named.
Sec. 1. Be it enacted by the General Assembly of the State of
as Ohio, T'hat wbenie ver the offices of sherifi and coroner, in any or associate judg. county, shall, from any cause. become vacant, the court of comes, may appoint
mon pleas of such county, or the associate judges thereof, may sheris in certain cases
appoint some suitable person to perform the duties of she riff, until the next appual 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 aloresaid, to serve such process, or to perform the duties of sheril, during tbe continuance of such disability,
Sec. 2. That the court, or associate judges making such apMay require se pointment, may require the person so appointed, to give such curity, at their bodd 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 rega-. appointed
lations, in the service and return of process, and shall be entitled to the same tees, and be proceeded against for misconduct or neglect of duty, as other sberitis.
Sec. 3. That the sheriff of any county may appoint one or Sheriffs, clerks, more deputjes, to be approved by the court of common pleas,
may ap. or associate judges of such county; and the clerks of the supoint deputies" pieme court, and courts of compion pleas, may each appoint a
deputy, to be approved by tbeir respective courts: the recorder of any county may also appoint a deputy, to be approved by the court ot common pleas, or associate judges of such coun
ty; and the auditor of any county may appoint a deputy, to Proviso be approved by the commissioners of such county: Provided,
That the court or county commissioners (as the case mai le, testisfied that the duties of recorder or auditor require such deputy.
recorders and au
Sec. 4. That the appointment of every such deputy, shall be prineipal may evidenced by a certificate thereof, signed by his principal, and take bond trum
his depuly, 2nd sball continue during the pleasure of the principal: and every shall be liable for principal may take such bond and security from bis deputy, as his acts he shall deemn 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 bis deputy.
Sec. 5. Trat every such deputy shall, previous to entering on Deputies to be the duties of his appointment, take an oath or atfirmation, faith-sworn. fully to perform all the duties of his appointment; and when so qualified, tbe deputy may do and perform any and all of the Their power duties appertaining to the office of his principal. A
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 Senate
AN ACT to regulate the admission and practice of Attorneys and Counsel
ors at law.
Attorneys and cou uselora inust
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That from and after the passage of this act, no person shall be permitted to practice as an attorney or counselor at ue admitted by law, or to commence, conduct, or defend any action, suit or two judges of the
supreme court 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.
Sec. 2. That whenever any person shall apply to any two Judges to eta 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, eith r 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 admin the admission of such applicant.
Sec. 3. That no person shall be admitted to such examina
Residence of one tion unless he shall have previously resided one year within year required this State, and shall produce from some attorney or counselor
at law 'a certificate, setting forth that such applicant is of good A 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 aptwo years sludy. &c.
'plication for admission, and that he believes him to be a person
of sufficient legal knowledge and abilities to discharge the duProviso
ties 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 bis 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 bas 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 citi. zen thereof.
Sec. 4. That the supreme court, or court of common pleas, Attorneys, fc. shall nave power to suspend any attorney or counselor at law suspende from practicing in their respective courts, for misconduct in of..
fice, or for good cause shown: Provided always. That every at. torney or C011718-lor, 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 exbibited against him; and he shall, after such notice, be heard in bis delence, 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,
Sec. 5. That no person shall bereafter be permitted to pracMust he citizens tice as an attorney or counselor at low, in any court in this of the U. Stales tate, who is not a citizen of the United States, and who does
not actually reside in this State, any license heretofore granted, lo the contrary notwithstanding, except in causes in which
he shall have been employed before the taking effect of this Indges, clerks, act; or s ho holds a commission as judge of the supreme court, & prohibited or a court of common pleas; or who is clerk of the supreme from practic nga as attorneys, &c Cour, Or a cour Or COM
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, wbo re. sides in States or Territories wbich permit attorneys or coun.
selors at law residing in this State, to practice therein: And proProviso vided further, That nothing in this act contained, shall prevent
any judge or 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 jodge.
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 for all damages his client shall sustain by such dismission, or any other neglect of his du*y; to he recovered in any court of record within this State: and every attorney receiving money for bis 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 bundred and ten; and the act amendatory thereto, passed January twenty-eighth, eight on 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.
Speaker of the Senate.
AN ACT to provide for the appointment of prosecuting attorneys.
M. T. WILLIAMS,
Speaker of the Senate,
how levied and tollected
of a mill
AN ACT to provide for the support and better regulation of common schodis.
schools, and the means of instruction, shall forever be encou-
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 of cominon
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 atoresaid, there sball Amount of be annually levied and assessed, upon the ad valorem amount sch-ol tax, and of the general list of taxable property, in each county of this
State, the property of blacks and mulatioes 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 purs
poses are directed by law to be ievied and collected: Provicomm'rs ded, That the county commissioners of any county may, if 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.
Sec. 3. That the trustees of each incorporated township in Township trus. this State, where the same has not been already done, shall
off, 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 goud of the townships, and the convenience of the i habitants, may require: Provided, That no alteration of any district shall be made, uliless notice of the time and place at which the trustees will meet for the purpose of making the same, shall bave been posted up in three public places in each district, in which an alteration is contemplated, at least twenty days prior to such meeting.
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 town. laid offor altered ships may meet, and lay off a district in surh manner as will
best suit the population of their respective townships; and such district may, at any time, be altered by a majority of the trustees of such adjoining townships, unuer the restrictions contained in the preceding section of this act: Provided, That the
tees to lay off and alter school districts
two or more