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Muskingum county, for said county, shall be entitled to receive ten cents per barrel for each barrel of domestic spirits or linseed oil, by him guaged and inspected, where the quantity required to be inspectedand guaged, at any one time, is less than one hundred barrels; and when the quantity exceeds one hundred barrels, his fees shall be five cents per barrel, and no more, any thing in any act heretofore passed, to the contrary notwithstanding.
WILLIAM MEDILL, Speaker of the House of Representatives. ELIJAH VANCE,
Speaker of the Senate! December 30th, 1837.
To amend an act, entitled "An act to provide for the increase of the Canal
Fund, by the purchase and sale of real estate.
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That instead of the sum of twenty thousand dollars, which the canal commissioners are empowered to expend by the first section of the act; entitled "an act to provide for the increase of the Canal Fund, by the purchase and sale of real estate," passed the 7th February, 1826, the Board of Public Works be, and they are hereby empowered to expend, a sum not exceeding twenty-five thousand dollars, in addition to the sum authorized to be expended by said act, if they shall deem it necessary under the provisions of the act to which this is an amendment.
WILLIAM MEDILL, Speaker of the House of Representatives.
Speaker of the Senate. Januray 12, 1837.
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Declaring the acknowledgements of certain deeds, mortgages and other instruments of writing, taken and certified by the mayor of Cincinnati, to be
valid. WHEREAS, An act, entitled "an act to incorporate the town of
Cincinnati," passed January 10, 1815, provided among other things, for the election of Mayor of said town: And whereas, The Mayor of said town, acting under the power given him, by said act, to do, and perform all the duties of a justice of the peace, did take and certify acknowledgements of deeds, mortgages, and other instruments of writing: And whereas, Doubts exist, as to the legality of acknowledgments of deeds,
mortgages, and other instruments of writing, taken, and certified
by the Mayor of said town, acting under the act of incorporation, aforesaid: Therefore,
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all deeds, mortgages, and other instruments of writing, taken and certified by the Mayor of said town, acting under the said act of incorporation, between the 10th day of January A. D. 1815, and the 5th day of February, 1819, shall be admitted to evidence, in all courts of law and equity, in this State, to the same extent as if the said Mayor had been specially authorized by said act of incorporation, to take and certify such acknowledgements: Provided, That nothing in this act contained, shall be construed to effect, or operate upon any suit or action now pending, or which may have been heretofore determined in any court of this State, in which the validity of the acknowledgement of any such deed, mortgage, or other instrument of writing, has been, or may hereafter be drawn in question.
Speaker of the Senate.
To fix the rates of tolls on the National Road.
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That at each of the toll gates erected on the National Tollo, how road, the following tolls shall be paid to each gate keeper, for eollected. passing through such gate, to wit: For every score of hogs or sheep, six and one fourth cents; for every score of cattle, twelve and a half cents; for every led or driven horse, mule or ass three cents; for every horse and rider, six and one fourth cents; for every sled or sleigh, drawn by one horse or ox six cents; and for every additional horse or ox four cents; for every dearborn, sulky, chaise, gig or buggy, with one horse, twelve and a half cents; and for every horse in addition, four cents; for every chariot, coach, coachee, phaeton, barouch, stage, or hack, with two horses, eighteen and three fourth cents, and for every horse in addition six and one fourth cents; and for every other pleasure carriage, under whatever name it may pass, except such vehicles as are herein before particularly designated, the same toll shall be paid according to the number of wheels and horses drawing the same, for every cart or wagon, the wheels of which do not exceed the breadth of two and a half inches, ten cents, and for every horse drawing the same, five cents; for every cart or wagon, the wheels of which do not exceed two and a halfinches in breadth, and shall not exceed four inches, eight cents, and for every horse drawing the same, five cents; for every cart or wagon,
pass free of
&c. to pass
the wheels of which shall exceed four inches in breadth, and not exceed six inches, six and one fourth cents, and for every horse or ox drawing the same, five cents; and all carts or wag. ons, the wheels of which shall exceed six inches in breadth, four cents, and for every horse or ox drawing the same, five cents.
Sec. 2. Nothing in this act contained, shall authorize the Children &c. collection of tolls from children, passing to or from school, pertoll.
sons passing to or from public worship, to or from a funeral, to or from a militia muster, or other military meetings, when the individual is bylaw compelled to attend, or to or from elections.
Sec. 3. No toll shall be charged or collected for any cav
alry, or other troops, armies, military stores, or munitions of The militia war, belonging to the United States, or any Statė or Territory
of the United States, nor from any person or persons on duty free of ioll. in military service of the United States, or of the militia of any
State or Territory.
Sec. 4. That one daily stage, coach, or other vehicle, and
no more, with the horses drawing the same, belonging to any W. S. mail to contractor or contractors for carrying the United States Mail pass free of toll, &c. on said road, with the passengers therein, shall be permitted to
pass in each direction, free from the payment of tolls. And each additional stage, coach, or other vehicle belonging to such contractor or contractors, although the saine may contain a mail, or portion thereof, shall be charged with the same tolls, as other vehicles of the like kind. But if the Post Master General shall order the mail to be divided and carried in two or more stages, coaches, or vehicles, in any one direction daily, then in such case the coaches or vehicles in which mails shall actually be carried, shall pass free of toll, but on each passenger transported in any such additional stage, coach, or other vehicle, there shall be charged and collected at each gate, three cents, in manner hereinafter provided.
Sec. 5. That each and every driver of any stage, coach, Duty of the or other vehicle belonging to any such mail contractor or condriver to re tractors other than such as are entitled to carry passengers, port the num
free of toll, shall at each and every gate report the number of gers to gate seats occupied in such stage, coach or other vehicle, to the keeper, &c. keeper of such gate, whose duty it shall be to open an account
against the proprietor or proprietors of such stage, coach, or other vehicle, and charge, in a book to be kept for that purpose, three cents for each passenger as provided in the preceeding section of this act; and said proprietor or proprietors shall pay over to such gate keeper, at the end of every three months after the taking effect of this act, the aggregate amount of tolls which shall have become due for passengers, and charged as above provided.
Sec. 6. That should the driver of any stage, coach or othDriver refus- er vehicle, belonging to such mail contractor or contractors, ing to report, other than such as are entitled to carry passengers free of toll, &e.
neglect or refuse to report to any gate keeper, the number of
ber of passen
seats occupied in said stage, coach or vehicle it shall be the duty of such gate keeper, to charge the proprietor or proprietors of such stage, coach or other vehicle, at the rate aforesaid, for each and every seat which might be occupied in the same, to be recovered in an action of debt, in the name of the State of Ohio, in any court having competent jurisdiction.
Sec. 7. That the Board of Public Works, or their agent of Compound for said road is hereby authorized to compound with persons, resi-toll, &c. ding within ten miles of any gate, whose ordinary business require their frequent travel on said road, for the payment of a yearly sum in full for toll, chargeable at any gate or gates specifying said gate or gates, and on payment of the amount so agreed on, the person or persons so compounding, his family, persons in his employment, beasts and vehicles, shall pass such gate or gates free from charge of any additional toll during the year for which such person or persons may have compounded, and said agent or agents shall report annually on or before the first Monday of December to the Board of Public Works, the name and amount paid by each person so compounding: Provided, The Board of Public Works or their
Proviso. agent shall at any time be satisfied that any person or persons so compounding do not pay a sufficient amount, then the said Board or their agent shall refund to such person or persons such part of the yearly sum so paid, as will be due in proportion to the part of the year yet to run, and from that time, the usual rates of toll, shall be charged as if no arrangement for compounding had been made: Provided further, That this pro- Proviso. vision shall not preclude the parties from entering into a new agreement for the residue of the year.
Sec. 8. That the Board of Public Works or their author. Board of Pubized agent may be allowed to collect tolls from any proprietor lic Works to or proprietors of any line of stages, post coaches or other ve- &c. contrachicles for the conveyance of passengers quarterly, and if any tors refusiug proprietor or proprietors of any such
line of stages, post coach- to pay &c. es or other vehicles as aforesaid shall neglect or refuse to pay quarterly, that from and after such neglect or refusal said proprietor or proprietors as aforesaid shall be required to pay at each and every gate as they pass: Provided, That the Board Proviso. of Public Works or their authorized agent shall have made out and presented to any such proprietor or proprietors or any one of them the amount of toll due from him or them for each and every gate.
Sec. 9. That all acts or parts of acts inconsistent with Act repealed. the provisions of this act, are hereby repealed. Sec. 10. This act shall take effect and be in force from and
Act to tako after the passage thereof. .
Speaker of the Senate. 2-G. L.
Courts,” passed Feb. 4, 1837.
Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where any sheriff, or coroner, may have in his hands any writ of execution, against the goods and chattels, lands and tenements of the debtor, returnable to the first term of the court of common pleas, in the yearone thousand eight hundred and thirty-seven, in any county in which said court shall be held prior to the tenth day of March next; it shall be lawful for such sheriff' or coroner, to levy said writ, and if there is not sufficient time between such levy and the setting of said court, to advertise a sale of the property so seized in execution, according to law; it shall and may be lawful, for such sheriff or coroner, after making a levy of said execution and endorsing the same thereon, to return said writ to said court, endorsed: "property not sold for want of time to give notice of sale," any law to the contrary notwithstanding: Provided, That said sheriff or coroner, shall in all other respects, have discharged the duties enjoined on him by law, as if this act had not passed.
WILLIAM MEDILL, Speaker of the House of Representatives.
Speaker of the Senate. February 8, 1837.
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scribe records in certain cases.
Sec. 1. Be it enacted by the General Assembly of the State of Ohio
That when any deed, mortgage, power of attorney, or other Mortgage or instrument of writing, for the sale, conveyance or incumPower of Attorney has
brances of lands, tenements or hereditaments, situate in two been record- or more counties of this State, has been or shall be duly recorded shall have ded, in any one of said counties, or where a new county herelegale effect. tofore has been or hereafter may be erected and organized, &c. &
and such lands, tenements or hereditaments, shall be situate within such newly organized county, and the deed, mortgage, power of attorney or other instrument of writing, for the sale, conveyance or incumbrance thereof, has been or may be, duly recorded in the county from which such newly organized county was or shall be taken; any person interested therein, may procure from the recorder of such county, a duly certified copy of such record, with his seal of office affixed thereto