ACTS OF THE TENTH GENERAL ASSEMBLY OF THE STATE Passed at the first session, which was held at Zanesville, and commenced December 2, 1811. THOMAS KIRKER, speaker of the senate; MATTHIAS CORWIN, Speaker of the house of representatives. Repealed, O. CHAP. CCLIX.-An act to extend the time for the returns of the enumeration of the L. c. 412, 8. white male inhabitants, above the age of twenty-one years.* See also, O. L. Be it enacted, &c. That the time for receiving the returns of the c. 353.. white male inhabitants, above the age of twenty-one years, be extended to the third Monday in January next, any law or regulation to the contrary notwithstanding. This act to take effect, and be in force, from and after the passage thereof. [Passed, December 11, 1811.]. [IN FORCE.] CHAP. CCLX.-An act to restrict the entailment of real estate. Be it enacted, &c. That from and after the taking effect of this act, no estate in fee-simple, fee-tail, or any lesser estate in lands or tenements, 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. This act to take effect and be in force from and after the first day of June next. [Passed, December 17, 1811.] Repealed, O. Chap. CCLXI.—An act providing for the vacating of town plats, and for other purposes.† L. c. 744, 7. 1. Be it enacted, &c. That the courts of common pleas are hereby Power and duty authorized and empowered, on application made by the proprietor or proprietors of any town, within their proper county, to alter or vacate the same, or any part thereof. of courts of common pleas. Notice, what and how to be given. 2. That if any proprietor or proprietors of a town, shall be desirous of altering or vacating the same, or any part thereof, such proprietor or proprietors shall give notice, in writing, of such intended application, in at least two places in the county, wherein such town may be situated, one to be set up in the most public place in said town, and one on the courthouse door of said county, and insert a copy of the same in a newspaper, printed, or in circulation in said county, at least sixty days prior to the sitting of the court, to which he, she, or they, intend to make such application. Resolved, That the governor be requested to forward copies of the foregoing resolution to the president of the senate, the speaker of the house of representatives, and to our representation in congress. [Passed, January 30, 1811.] 10. Resolution for the appointment of commissioners to fix the seat of justice in the county of Huron. 11. Resolution for distributing the laws and journals. 12. Resolution for amending the constitution of the United States: Whereas, his excellency the governor of this state, has laid before this general assembly a resolution, passed by the congress of the United States, in the words following, to wit: Resolved, (two-thirds of both houses concurring,) That the following section be submitted to the legislatures of the several states, which, when ratified by the legislatures of threefourths of the states, shall be valid and binding as a part of the constitution of the United States: 'If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without consent of congress, accept and retain any present, pension, office, or emolument whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of rust or profit under them or either of them,' Therefore, Resolved, unanimously, That the foregoing amendment proposed by congress to the constitution of the United States, be, and the same is hereby (on the part of this state) agreed to, ratified and confirmed. Resolved, That his excellency the governor be requested to transmit copies of the foregoing resolution to the president of the senate and speaker of the house of representatives, and to each of our senators and representatives in congress, and to each of the governors of the several states. [Passed, January 29, 1811.] *See O. L. c. 14, 140. † See O. L. c. 91, as to state or 3. That if such applicant or applicants shall produce to said court satis- Proceedings on factory evidence that the notice required by the preceding section of this act, due proof of has been given, and that all persons owning any lot or part thereof in said notice being town, have agreed that the whole, or a part thereof, shall be altered or vaca- given; proviso, ted, the court shall proceed to alter or vacate said town, or any part thereof, and order their proceedings therein to be recorded by their clerk, with the records of said court: Provided, That the vacating of any town plat, or any part of a town plat, shall not vacate any part of a state or county road. courty roads. 4. That the clerk of the said court shall give to the applicant a certified Clerk's duty, copy of such record, for which he shall be entitled to receive the sum of fifty &c. cents, and it shall be the duty of such applicant to have such certificate recorded by the recorder of the county within three months thereafter. [Passed, December 21, 1811.] CHAP. CCLXII.—An act authorizing the secretary, treasurer and auditor to contract with a Amended, O. printer or printers, and for the distribution of the laws and journals.* L. c. 309. Repealed, O. 1. Be it enacted, &c. That the secretary, treasurer, and auditor of state, or a majority of them, are hereby directed to make and close, on behalf of the state of Ohio, a contract, or contracts, with one or more printer or printers, in this state, sixty days previous to every succeeding session of the surer, and augeneral assembly thereof, upon the most advantageous terms, taking into ditor of state, view the price, manner, and time of performing the work, for all the public in making conprinting that may be required for that session, by entering into an article or tracts with articles, with said printer or printers, and his or their security or securities, printers, to ensetting forth, explicitly, the manner in which the public printing shall be exe- ter into an articuted, reserving, at all times, as a further security for the due and faithful cle and take seperformance of such contract, one-third of the money due, on the printing curity; to reactually performed, which sum, so reserved, shall be forfeited to the use of the of the sum due; state; and the said printer or printers shall moreover be subject to the pay- printers and sement of all damages sustained by the public, in case of noncompliance on curity liable for the part of such printer or printers, with the terms of his, or their, contract damages, in or contracts; and the treasurer is hereby authorized and required to com- case of nonmence and prosecute an action or actions on such article or articles, in any compliance; court having competent jurisdiction; and the auditor is hereby authorized to issue bills in favor of such printer or printers, payable at the state treasury, out of any moneys in the treasury appropriated for that purpose, for two-thirds auditor to issue of the sum which shall appear actually due as aforesaid. serve one-third treasurer authorized to commence suit; bills. 2. That the said secretary, treasurer, and auditor of state, shall, previ- Two months ous to entering into any contract for printing, give two months public notice, notice to be in two newspapers; one of which shall be printed at the seat of government, given before that they will receive proposals from all such printers as may choose to apply contracting. therefor. the treasurer, in re to be 3- That the secretary, auditor, and treasurer of state, or a majority of The duty of them, shall, at the close of each session of the legislature, lay off the state secretary, into convenient districts, and give notice in a newspaper, printed at the seat auditor, and of government, that they will, on a day certain, (at least thirty days after the lation to distridate of such notice) receive separate proposals for carrying the laws and jour- bution of laws nals into the several counties, in each distritct, mentioned in said notice; and and journals; the person or persons, who may undertake to carry the laws and journais for notice the lowest sum, shall have the contract, on giving bond, with sufficient secu- given; bond rity, to the treasurer of state, conditioned for the faithful delivery of the and security of laws and journals, at the office of the clerk of the court of the proper county, contractors; on, or before, a day certain to be fixed on, by the said secretary, auditor and prosecution in treasurer, or a majority of them; and in case of the failure of any person or persons, who may undertake to carry the laws or journals, as aforesaid, the treasurer of state shall prosecute such delinquent or delinquents, before any court having competent jurisdiction. case of nonperformance. 4. That each judge, justice of the peace, sheriff, coroner, recorder, What officers notary-public, each county commissioner, and each board of trustees elected entitled to counder the act for the incorporation of the original surveyed townships, shall pies; duty of be entitled to one copy of the laws; and each member of the general assem- the clerk of bly shall be entitled to one copy of the laws, and one volume of the journals court in of both houses of the general assembly, annually; and the clerk of the court king distribuof common pleas, of each county, shall deliver to each officer, above men *See O. L. c. 199, 248. ma tion; proviso, in case persons tioned, one copy of the laws on demand, reserving one copy of the laws for entitled do not his own use, and one for the use of the grand jury, and distribute the balance, call for their if any there may be, to the trustees of the several townships, in proportion to copies. the number of inhabitants, which laws are to be delivered to the township clerks, on demand, and by them to be distributed among the officers in said township: Provided, however, That if any, or all of the abovenamed officers, shall fail in making a demand, at the clerk's office, for a volume of the laws, twenty days after the clerk shall have received the same, in that case, the clerk shall keep in his office, so many volumes as he may deem sufficient, for the officers aforesaid, and distribute the remainder among the several townships, as before directed. Journals to be distributed among the townships. Secretary of state to re port proceed ings under this act. O. L. c. 248, 199 repealed. Sec O. L. c. 393. ments. Amended, O. 639. Two or more persons may form a compa 5. That there shall be forwarded, by the secretary of state, as aforesaid, to each county in this state, one equal proportion, as near as may be, of the journals of each house of the general assembly, according to the number of volumes of the laws allotted to each county, annually; to be distributed by the clerk of such county, among the several townships in his county, to each township clerk, at least two volumes of the journals of each house, for the use of the inhabitants of his township. § 6. That the secretary of state shall, within three days after the commencement of each session of the general assembly, report to each branch of the legislature, all contracts and proceedings had, pursuant to the provisions of this act, since the last session. 7. That the act authorizing the secretary, treasurer, and auditor of state to contract with printers in certain cases, passed on the fourteenth of January, one thousand eight hundred and eleven, and also the act for the more speedy distribution of the laws and journals, and for other purposes, passed the seventeenth of January, one thousand eight hundred and nine, be, and the same are hereby repealed. [Passed, January 4, 1812.] CHAP. CCLXIII.-An act to repeal in part an act to provide for commissioning of certain officers.* O. L. c. 239, Be it enacted, &c. That the second section of the act entitled 'an act 2, repealed; to provide for the commissioning of certain officers,' passed the nineteenth proviso as to day of February, 1810, be, and the same is hereby repealed: Provided, That former appoint- nothing in this act contained shall be construed, either directly or indirectly, to invalidate or disannul any appointments made by a former legislature, nor in anywise to affect commissions heretofore granted. This act to take effect and be in force from and after the passage thereof. [Passed, January 10, 1812.] CHAP. CCLXIV.-An act for the incorporation of manufacturing companies. 1. Be it enacted, &c. That at any time within five years hereafter, any pealed, Feb. 26, two or more persons who shall be desirous to form a company for the purpose 1824; O. L. c. of manufacturing wollen, cotton, hemp or linen goods, or cotton or other yarn, or for the purpose of making paper, glass or queens ware, or pearl or pot ashes, or for the purpose of making from ore, bar iron, mill irons, anchors, or steel, nail rods, hoop iron, or ironmongery, sheet lead, shot, white lead, and red ny for certain lead, printers' types, or any metals used in the manufacture of types or for manufacturing the purpose of erecting and carrying on any manufactory by the operation of purposes; what steam; may sign and execute articles of association, in which shall be stated the corporate name of said company, the objects for which it is formed, the amount of its capital stock, the number of shares therein, the number of trustees and their names, who may be first appointed to manage the concerns of to be acknowl- the company, together with the term for which they may have been appointed edged before a to serve, and the names of the town and county in which such manufactories Judge or justice, may be severally established; and the said articles, or the signatures thereto, and recorded; shall exhibit the number of shares (if more than one) which each subscriber certified copy to may have subscribed; which articles of association when subscribed as aforebe evidence; said, shall be acknowledged by such subscribers, jointly and severally, before certified copy to any judge or judges of the supreme court or court of common pleas, or justice be filed in the of the peace; and when acknowledged as aforesaid, the same articles at the expense of said company, shall be recorded in the recorder's office of the proper county, and a certified copy of the record thereof shall at all times, both in courts of justice and without, be legal and competent evidence in any case shall be expressed in the articles of association; articles secretary of state's office. * See O. L. c. 239. where the original articles would otherwise be evidence; and a certified copy of the record of such articles shall also be procured and transmitted by the trustees or other members of such company to the secretary of state, whose duty it shall be to file and preserve the same. The company and their successors incorporated for twen 2. That as soon as such certificate shall be filed as aforesaid, the persons who shall have signed and acknowledged the said certificate, and their successors shall, for the term of twenty years next after the day of filing such certificate, be a body politic and corporate in fact and in name, by the name staty years; suated in such certificate, and by that name they and their successors shall and bility; common may have succession, and shall be persons in law capable of suing and being seal; may hold, sued, pleading and being impleaded, answering and being answered unto, de- enjoy, and confending and being defended, in all courts and places whatsoever, in all man- vey property. ner of actions, suits, complaints, matters and causes whatsoever; and they and their successors may have a common seal, and the same may make, alter and change at their pleasure; and they and their successors, by their corporate name, shall in law be capable of purchasing, holding, and conveying any lands, tenements, hereditaments, goods, wares, and merchandize whatever, necessary to enable the said company to carry on their manufacturing operations, mentioned in such certificate. rection of trus❤ tees; manner 3. That the stock, property and concerns of such company shall be man- The stock and aged and conducted by trustees, who, except those for the first year, shall be property to be elected at such time and place as shall be directed by the by-laws of the said under the dicompany, and public notice shall be given of the time and place of holding such election not less than thirty days previous thereto, in the newspaper prin- ofelecting trus ted nearest to the place where the manufacturing operations of the said com- tees; vacancies pany shall or are to be carried on; and the election shall be made by such of to be filled as the stockholders as shall attend for that purpose, either in person or by proxy; prescribed by and all elections shall be by ballot, and each stockholder shall be entitled to the by-laws; one vote for each share he may own below ten; for all above ten and not ex- proviso, as to ceeding twenty, one vote for every two shares; and for every five shares above number and twenty, one vote; and the persons having the greatest number of votes shall qualifications. be trustees; and, whenever any vacancy shall happen among the trustees aforesaid, by death, resignation, or removal out of the state, such vacancy shall be filled for the remainder of the year, in such manner as shall be provided by the by-laws of said company: Provided always, That the number of trustees shall not exceed seven, and that they shall be stockholders in such company. 4. That in case it shall at any time happen that an election of trustees The company be not made on the day when by the by-laws of the said company it ought to not dissolved have been done, the said company for that cause shall not be dissolved: Pro- for not electing vided, They do on any other day within one year thereafter, hold an elec- trustees; provition for said trustees, in such manner as shall be directed by the by-laws of 50, that trustees such company. be elected within a year. 5. That the capital stock of such company shall not exceed one hundred The capital thousand dollars, and it shall be lawful for the trustees to call and demand stock not to exfrom the stockholders respectively, all such sums of money by them subscrib- ceed one huned, at such times and in such proportions as they shall deem proper, under the dred thousand penalty of forfeiting all dividend or dividends of the nett profits previously decla- dollars; the red (on the share or shares of such stockholder or stockholders as may refuse or trustees to colneglect to comply with such call or demand) and not previously paid out, and all lect subscriptions from dividends which at any time may be subsequently declared previous to the stockholders at payment of such sum or sums as may be required as aforesaid, on each share their discreas aforesaid: Provided, That no such forfeiture shall accrue to the said com- tion; penalty pany until after the expiration of sixty days from and after the publishment in in case of nonsome newspaper, current in the county where such company may have been payment; proestablished, of a notice to all concerned, specifying the amount of the money viso, as to noon each share required to be paid, and the time when such payment is to be tice of requisimade. tion. 6. That the trustees of such company, for the time being, shall have pow- Trustees may er to make and prescribe such by-laws, rules and regulations, as they shall dcem make by-laws proper, respecting the management and disposition of the stock, property, and to regulate and estate of such company, the duties of the officers, artificers and agents by manage the them to be employed, the election of trustees, and all such matters as apper- and to define tain to the concerns of the said company, to appoint such and so many officers, the duties of clerks and agents, for carrying on the business of the said company, and with the officers, arsuch wages as to them shall seem reasonable; Provided, That such by-laws tificers, &c. stock, property, The stock to how far the stockholders liable for debts. be not inconsistent with the constitution and laws of this state or of the United States. 7. That the shares in the capital stock of such company shall be deemed personal estate, and be transferable in such manner as shall be prescribed by the laws of the company; and that for all debts which shall be due and owing by the company at the time of its dissolution, the persons then composing such company shall be individually responsible to the extent of their respective shares of stock in the said company, and no further; and that it shall not be lawful for such company to use their funds or any part therof, in any banking transaction, or in the purchase of any public stock whatever, or for any other purposes than those specified in such instrument as aforesaid. 8. That when such articles of association shall have been signed, executed, acknowledged and recorded, and a copy of such record deposited in the office of the secretary of state as is herein above provided, then such company shall be deemed a body corporate, and as such, entitled to all the rights and privileges by this act intended to be granted. [Passed, January 11, 1812.] Amended, O. CHAP. CCLXV.-An act to amend the act entitled "an act for the inspection of certain artiL. c. 440. cles therein enumerated.'* Commencement of corporate existence. Repealed, O. 1. Be it enacted, &c. That no person or persons shall export from this L. c. 471, 18. state to any other state or country, any pot ashes or pearl ashes made, or fish, What articles caught or packed within this state, until the same have been inspected, and to be inspected branded as is hereafter mentioned, under the penalty inflicted by the eleventh before exportation, under penalties. 2. That it shall be the duty of the inspector of the county, appointed unDuty of inspec- der the authority of the act aforesaid, or his deputy or packer, upon applicator in inspect- tion to him or them for that purpose, to inspect any pot ashes, pearl ashes, or ing and brand- fish, that may be required, and stamp the same with branding irons, to be proing fish, pot cured and paid for as in other cases provided for in and by said act; which and pearl ash- brands shall express the kind and quality of the fish, or the quality of the pot or pearl ashes, and the names of the inspector and owner, and the place where the articles shall be inspected, and shall be made and lettered as may be directed by the court of common pleas of the county where the articles shall be offered for inspection, and the inspector shall in all other respects be governed by the provisions, and subject to the penalties provided in the act aforesaid. The manner of 3. That the size and quality of fish barrels shall be the same as required in packing and said act for pork and beef; and that only one kind or species of fish shall be packed salting fish. in the same barrel, and that the quantity of salt shall be at least twenty-five pounds to each barrel. section of the act to which this is an amendment. es: brands to be procured under the direction of the court of common pleas. 4. That all casks for pot or pearl ashes shall be made of good seasoned white oak timber, with eighteen good hoops, and shall be two feet six inches in length, and eighteen inches in diameter åt each head, and the tare and nett weight of all barrels of fish, or pot or pearl ashes, shall be marked or branded on one head of the cask, by the inspector or his deputy at the time of inspection. § 5. That the inspectors shall be entitled to receive from the owner of the articles, for inspecting each barrel of pot or pearl ashes, twelve and a half cents, and for inspecting and packing each barrel of fish, twenty-five cents, and for each mile's travel from his own house, to and from the place of inspection, three cents. 6. That all offences against the provisions of this act or the act to which this act is an amendment, may be prosecuted by indictment as in other cases; and all forfeitures and penalties incurred by this act, or by the act to which this is an amendment, shall be paid to the county treasurer of the county where the offence shall have been committed, for the use of the county; and so much of the act to which this is an amendment, as gives one half of such forfeitures and penalties to the prosecutor or informer, is hereby repealed. [Passed, January 15, 1812.] CHAP. CCLXVI.-An act to amend the act, entitled an act regulating judgments and executions.'t Whereas it is of the first importance to this state, to encourage the manufacture of woollen fabrics-Therefore, * Sec O. L. c. 62. + See O. L. c. 215. |