Repealing clause. Commencement. Sec. 5. And be it further enacted, That an act, entitled, "An act, providing for the execution of real contracts, in certain cases," be and the same is hereby repealed. This act shall commence and be in force, from and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. February 19, 1805. Persons may CHAPTER XVI. An act, authorizing and regulating arbitrations. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That all persons who have any controversy or controversies, except where the possession or title of real estate may come in question, may submit said controversy or controversies to the umpirage or arbitration of any person or persons, to be mutually agreed upon by the parties, and they may make such submission a submission a rule of any court of record within this state. Sec. 2. Be it further enacted, That when any persons have agreed to submit any matter or ditioned, etc. matters in controversy between them, to umpirage or arbitration as aforesaid, and to make the same a rule of court, they shall enter into arbitration and make the rule of court. Parties to enter in arbitration bonds, con bonds, which bonds shall be conditioned for the faithful performance of the award or umpirage, and set forth the name or names of the umpire or arbitrators, and the matter or matters submitted to his or their determination, and shall also expressly state their agreement, that the submission may be made a rule of any court of record within the state, or that it may be made a rule of such particular court as they may name or point out in their submission. Bonds to specify time, place, etc. Sec. 3. Be it further enacted, That the said arbitration bonds shall specify some time and place, at which the umpire or arbitrators shall attend, to hear and determine upon the matter or matters in dispute, and may also give said umpire or arbitrators liberty to adjourn, from time to time, until the umpire is prepared to make up his umpirage, or the arbitrators are agreed upon their award: Provided, some time certain be fixed Proviso. in said bonds, at which said umpirage or award shall be made up. titled to to compel ance of wit Sec. 4. Be it further enacted, That the parties Parties enshall have the benefit of legal process, to compel legal process the attendance of witnesses, which process shall the attendbe issued by the clerk of the court of common nesses. pleas for any county, or by any justice of the peace for the township where the arbitration or umpirage is held, so far as his jurisdiction extends, and shall be returnable before the umpire or arbitrators on a day certain; and any person disobeying such process, shall be deemed guilty of contempt of the court from which such process issued, and shall be subject to the same penalties and forfeitures, as are provided for disobeying writs of subpoena in other cases; and the costs of The award to be in writing. Copies thereof to be the parties. such witnesses shall be taxed by the umpire or arbitrators, according to the provisions contained in the law ascertaining the fees of witnesses, which costs, together with the sum hereinafter allowed to the umpire or arbitrators, shall be stated in the award or umpirage, and shall be made a part of the rule of court, and all witnesses examined by the umpire or arbitrators, shall be under oath or affirmation, which oath or affirmation any justice of the peace of the proper county, is hereby authorized to administer. Sec. 5. Be it further enacted, That the award or determination of the umpire or arbitrators, shall be drawn up, in writing, and shall be signed by such umpire or by a majority of the arbitrators agreed upon in the submission, and a true copy of delivered to the said award or umpirage shall, without delay be delivered by the umpire or arbitrators, to each of the parties, and if either of the parties shall refuse or neglect to obey the said award or umpirage, the other party may return the same, together with the submission or arbitration bond to the court named in the submission, or if no particular court be named in the submission, then to the court of common pleas or the supreme court, and the submission and award or umpirage so returned, shall be entered on record and filed by the clerk and a rule of court thereupon made, and after such rule is made, the party disobeying the same, shall be liable to be punished as for a Award, how contempt of court, either by sequestration or ex enforced. ecution, as the nature of the case may require, which process shall not be stayed or impeded by order of any other court of law or equity, or by the court from whence it issued, until the parties shall in all things obey the award or umpirage, etc., to set aside award. award shall unless it shall be made to appear on oath or affirmation, that the umpire or arbitrators misbehaved Corruption, and that such award or umpirage was obtained by fraud, corruption or other undue means, and no testimony shall be received to impeach or invalidate the said award or umpirage, after the next term to which the submission was made a rule of court: Provided, That before any submission When an be made a rule of court, the party moving for such rule, shall produce to the court satisfactory proof of the due execution of the submission or arbitration bond, and also that the party refusing or neglecting to obey the award or umpirage, hath been furnished with a true copy thereof, at least ten days before the award or umpirage is returned to the clerk of any court in his state, to be entered on record and filed in his office. be made a rule of court. sation to the umpire, etc. Sec. 6. Be it further enacted, That the umpire compenor arbitrators shall be entitled to receive each, the sum of one dollar, for each and every day they shall be employed in performing the duties of their appointment. clause. Sec. 7. And be it further enacted, That a law, Repealing entitled, "An act, authorizing and regulating arbitrations," passed November the fifteenth, one thousand seven hundred and ninety-nine, be and the same is hereby repealed. This act to take effect and be in force, from and commenceafter the first day of July next. MICHAEL BALDWIN, Speaker of the house of representatives. ment. DANIEL SYMMES, Speaker of the senate. February 14, 1805 Two justices may enquire order resti tution of lands, etc, unlawfully detained. CHAPTER XVII. An act, against forcible entry and detainer. Sec. 1. Be it enacted by the general assembly of by jury and the state of Ohio, That two justices of the peace shall have authority to enquire, by jury, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands or tenements, and with a strong hand detain the same, as against those who having a lawful and peaceable entry into lands or tenements, unlawfully and by force hold the same, and if it be found, upon such enquiry, that an unlawful and forcible entry hath been made, and that the same lands or tenements are held and detained with force and strong hand, or that the same, after a lawful entry, are held unlawfully and with force and strong hand, then such justices shall cause the party complaining to have restitution thereof. Justices, on a written complaint, how to proceed. Sec. 2. Be it further enacted, That when complaint shall be made, in writing, to any two justices of the peace, of any unlawful and forcible entry, into any lands or tenements and detainer as aforesaid, or if any unlawful or forcible detainer of the same, after a peaceable entry, they shall make out their warrant, under their hands and seals, directed to the sheriff, or in case of his absence or legal disqualification, to the coroner of the same county, commanding him to cause to come before them twelve judicious disinterested men of the county, who shall be freeholders in the said county, which warrant shall be in the form following, to-wit: |