certified transcript of his docket: and on filing said transcript in the office of the clerk of the court of common pleas, of the proper county, and on the plaintiff's filing with said clerk an affidavit, stating that the amount of said judgment, or any part thereof, is then due and unpaid, it shall be the duty of such clerk to issue process of attachment or fieri facias thereon, at the option of such plaintiff, in the same manner as on a judg ment originally recovered in such court. Sec. 22. That nothing herein contained shall be so construed as to take away the jurisdiction which either of the Chancery Juris diction not taken courts of this State, sitting as a court of chancery, may or might away by this act have in any case which comes within the provisions of this act. Sec. 23. That no action shall be brought upon any notes Notes issued by or bills hereafter issued by any bank, banker or bankers, and unincorporated intended for circulation, or upon any note, bill, bond, or other security given, and made payable to any such bank, banker or bankers, unless such bank, banker or bankers, shall be incorporated, and authorized by the laws of this State, to issue such bills and notes; but that all such notes and bills, bonds and other securities, shall be held and taken in all courts as absolutely void. banks, void erned by this act Sec. 24. All suits heretofore commenced under the proviSuits &c. under sions of the act, entitled "An act to provide for a more speedy former, to be gov and equitable collection of debts, where banks and bankers are parties," passed February 2d, 1821; or an act amendatory thereto, passed February 2d, 1822; whether judgment has been obtained or not, or whether execution has been levied or not, shall in all respects be proceeded in the same manner as though such suits had been originally commenced under the Acts repealed provisions of this act: and the above recited acts, passed February 2d, 1821, and February 2d, 1822, be, and the same are hereby repealed. Circulation of foreign Bank January 28, 1824. JOSEPH RICHARDSON, Speaker of the House of Representatives. ALLEN TRIMBLE, Speaker of the Senate. AN ACT to prohibit the circulation of foreign Bank bills of a less denomination than five dollars, in this State. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That from and after the first day of December, in the year of our Lord one thousand eight hundred and thirty-one, bills of less deno- it shall be unlawful for any person or persons, or body corporate, to pass, transfer or circulate, either directly or indirectly, cause to be passed, transferred or circulated, or to receive or cause to be received, any Bank note or bill of a less denomination than five dollars, unless said Bank note or bill shall have been mination than Ave dollars proibited issued from, and made payable at one of the Banks of this State: Provide 1, however, That t e mere exchange of one Bank note Proviso as to the for another, shall not be deemed an infringement on the provi- notes sions of this act. exchange of recovered and Sec. 2. That any pe son or persons, or body corporate, Penalty for of offending against any of the provisions of the first section of this fending under act, shall forfeit and pay, for every such offence, the sum of five this art and how dollars; to be recovered by any person suing for the same, as appropriated debts of a like amount are by law recoverable: to be paid over by the officer before whom it is recovered, to the treasu rer of the township in which said offence was committed, for the use of common schools in said township. JAMES M. BELL, Speaker of the House of Representatives. January 31, 1831. AN ACT for the relief of Sureties and Bail, in certain cases. prin ipals to put bills or notes,&c. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That when any person or persons, shall hereafter be- Sureties may recom bound as surety or sureties, by bond, bil or note, for the quire by notice payment of money or other valuable thing, and shall apprehend in si bonds, that his or their principal debtor or debtors, is or are likely to become insolvent, or remove from the county or State, without previously discharging such bond, bill or note, so that it will be impossible or extremely difficult for such surety or sureties, after being compelled to pay the amount of the money or other valuable thing which may be due by such bond, bill or note, to recover the same back from such principal debtor or debtors; it shall and may be lawful for such surety or sureties, in every such case, provided a right of action shall have accrued on such bond, bill or note, to require by notice in writing his or their creditor or creditors, forthwith to put such hond, bill or note, by which he or they may be bound as surety or sureties as aforesaid, in suit: and unless the creditor or creditors, so required to put such bond, bill or note in suit, shall, in If suit not com a reasonable time, commence an action on such bond, bill or menced in a reas note, and proceed with due diligence in the ordinary course of due diligence, law, to recover a judgment for, and by execution to make the sureties, etc., amount of the money or other article of value, due by such' bond, bill or note, the creditor or creditors, or the assignee or assignees of such bond, bill or note, so failing to comply with the requisitions of such surety or sureties, shall thereby forfeit the right which he or they would otherwise have, to demand and receive of such surety or sureties, the amount which may be due by such bond, bill or note. sonable time and discharged tors, elc., with same effect Sec. 2. That any surety or sureties, or in case of his or Same notice may their death, then his or their executors or administrators, may, be given exceu in like manner, and for the same cause, make such requisition of the creditor or creditors, or his or their executors or administrators, as it is hereinbefore enacted, may be made by a surety or sureties of his or their creditor or creditors; and in case of failure of the executors or administrators so to proceed, such requisition as aforesaid being duly made, the surety or sureties, his or their executors or administrators making the same, shall have the same relief as is hereinbefore provided, for a surety or sureties, where his or their creditor or creditors shall be guilty of a similar failure. Guardians' Sec. 3. That nothing in this act contained shall be so construed as to affect the bonds with collateral conditions, or the bords, etc., not bonds which may be entered into by guardians, executors, administrators or public officers. affected Sec. 4. That the rights and remedies of any creditor or Rights of credi creditors, against any principal creditor or creditors, shall in no wise be affected by this act, any thing herein to the contrary notwithstanding. tors not affected may sue out a capins against principal, etc. Sec. 5. That when any surety has been sued, and judgment Surety proseca rendered against him, for the debt of the principal debtor, he ted to judgment, may sue out a capias against the person or persons for whom he is surety: and any court of competent jurisdiction is hereby authorized to render judgment for the proper amount, on the return of the process, from which judgment there shall be no appeal: and in all cases where the judgment against the surety shall have been obtained before a different justice or court, it shall be the duty of such surety to produce a transcript thereof to the justice or court so rendering judgment against the principal debtor; and on which judgment, when obtained before a justice of the peace, stay of execution shall be for one month less than that allowed to the surety in the transcript aforesaid. Sec. 6. That when any bail has been compelled to pay the When bail has amount of any judgment, or any part thereof, the court or jusbeen compelled tice before whom such judgment was rendered may, upon the may issue scire request of such bail, issue a scire facias against the person or to pay, court facias ther county persons against whom judgment was originally given, to appear before such court or justice, which shall be served and returned by the proper officer; and the said court or justice, (as the case may be) shall proceed to hear and determine the said suit, as in other cases: and in such cases there shall be no stay of execution. Sec. 7. That when the defendant shall have removed or Transcript may resides out of the county or township wherein judgment was be sent to ano originally given, the court or justice before whom such judg ment has been entered, may, upon the request of such bail, grant a transcript of such judgment; and the defendant shall be proceeded against on such transcript, by any court having where, etc. cognizance thereof, in the same manner as directed in the sixth section of this act. Sec. 8. That the "act for the relief of sureties in certain Acts repealed cases," passed February eleventh, eighteen hundred and fourteen; and the "act for the relief of bail in certain cases," passed January thirtieth, eighteen hundred and eleven; 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, ALLEN TRIMBLE, February 22, 1820. Speaker of the Senate. AN ACT authorizing aliens to hold lands in this State, by purchase or otherwise. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for any and all aliens that now may have, or that hereafter shall be entitled to have, within this State, any lands, tenements or hereditaments, either by purchase, gift, devise or descent, to hold, possess and enjoy the same, as fully and completely as any citizen of the United States or this State can do, subject to the same laws and regulations, and not otherwise. Sec. 2. That this act shall be in force from and after the passage thereof. February 3, 1804. ELIAS LANGHAM, Aliens lands may hold AN ACT to restrict the entailment of real estate. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That from and after the taking effect of this act, no es tate in fee simple, fee tail, or any lesser estate, in lands or tene ments, lying within this State, shall be given or granted, by deed or will, to any person or persons, but such as are in being, or to the immediate issue or descendants of such as are in being, at the time of making such deed or will; and that all estates given in tail, shall be and remain an absolute estate in fee simple, to the issue of the first donee in tail. day of June next. This act to take effect and be in force from and after the first MATTHIAS CORWIN, Speaker of the House of Representatives. December 17, 1811. Speaker of the Senate. AN ACT securing to religions societies a perpetuity of title to lands and tenements, conveyed in trust for meeting houses, burying grounds, or resi dence for preachers. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all lands and tenements, not exceeding twenty acres, that have been, or hereafter may be conveyed, by devise, purchase or otherwise, to any person or persons, as trustee or trustees, in trust, for the use of any religious society within this State, ei. ther for a meeting house, burying ground, or residence for their preacher, shall descend, with the improvements and appurte nances, in perpetual succession, in trust, to such trustee or trustees as shall, from time to time, be elected or appointed by any such religious society, according to the rules and regulations of such society, respectively. Sec. 2. That the trustee or trustees, for the time being, of any religious society aforesaid, shall have the same power to defend and prosecute suits at law or in equity, and do all other acts for the protection, improvement and preservation of said property, as individuals may do in relation to their individual property. M. T. WILLIAMS, January 3, 1825. Speaker of the Senate. Where one @rects a fence and another shall pay to the AN ACT to regulate Inclosures. Sec. 1. Be it enacted by the General Assembly of the State of Ohio. That whenever the fields, lots, or inclosures, of any twe or more persons, are divided by a fence of any kind, known by makes an oppo law as such, or where such fence or palings may bereafter be site inclosure, he erected by any person on the line of his or their land, or that owner of the on which be, she or they may have a lease, and t e person own fence ha f the va ing or leasing the land adjoining thereto, shall make, or cause to be made, an inclosure on the opposite side of such fence, so as the same may answer the purpose of inclosing his, her or their lot or field; such person or persons, shall pay to the person kae thereof |