When to take effect. per centum per annum, and for preventing usury, passed November 15, 1799, are hereby repealed. This act shall take effect and be in force, from and after the passing thereof. MICHAEL BALDWIN, Speaker of the house of representatives. JOSEPH KERR, Speaker pro tem. of the senate. December 29, 1804. Deeds, how so be executed, edged. CHAPTER XIX. An act, providing for the execution and acknowl edgment of deeds. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That all deeds for the conveyance of lands, tenements and hereditaments, situate, lying and being within this state, shall be signed and sealed by the grantor, in presence of and acknowl two witnesses, who shall subscribe the said deed or conveyance, attesting the acknowledgment of the signing and sealing thereof, and if executed within this state, shall be acknowledged by the party or parties, or proven by the subscribing witnesses, before a judge of the court of common pleas or a justice of the peace, in any county in this state. Husband and wife, how to estate to the wife. Sec. 2. Be it further enacted, That where any convey the husband and wife shall incline to dispose of and convey the estate of the wife, or her right in or to any lands, tenements or hereditaments whatsoever, it shall and may be lawful for the said hus whom to edge the same. Manner of examina band and wife, she being not less than eighteen years of age, to make, seal, deliver and execute, any grant, bargain and sale, lease, release, feoffment, deed, conveyance or assurance, in the law whatsoever, for the lands, tenements and hereditaments, intended to be by them passed and conveyed, and after such execution to appear before a judge of the supreme court or court of Before common pleas, or a justice of the peace, and ac- acknowlknowledge the same, which judge or justice of the peace is hereby authorized and required to take such acknowledgment, in doing whereof, he shall examine the wife separate and apart from her husband, and shall read or otherwise make known the full contents of such deed or conveyance to the tion, said wife, and if, upon such separate examination, she shall declare that she did voluntarily and of her own free will and accord, seal, and as her act and deed, deliver the said deed or conveyance without any coercion or compulsion of her husband, every such deed or conveyance shall be and the same is hereby declared to be, good and valid in law, to all intents and purposes, as if the said wife had been a scle and not covert at the time of and cersuch sealing and delivery, and the judge or justice taking such acknowledgment, shall, under his hand and seal, certify the same upon the back of the deed or conveyance. Sec. 3. Be it further enacted, That all deeds and conveyances of lands, tenements and hereditaments, situate, lying and being within this state, heretofore executed, and which said deeds and conveyances have been or hereafter may be acknowledged or proved, according to and in compliance with the laws and usages of the territory, state or country, in which such deeds and convey tificate. convey Deeds and ances of lying within heretofore be valid, land, etc., this state, executed, to and admitted to record. Proviso. Deeds, etc., hereafter to of this state, ances were acknowledged and proved, or in which they shall have been acknowledged or proven, are hereby declared effectual and valid in law, to all intents and purposes, as though the same acknowledgments had been taken or proof of execution made within this state, and in pursuance of the acts and laws thereof, such deeds and conveyances, so acknowledged and proved as aforesaid, may be admitted to be recorded in the respective counties in which such lands, tenements and hereditaments do or may lie: Provided, That all deeds and conveyances of lands, tenements and hereditaments, situate, lying and being within this state, which have been acknowledged or proved in any other territory, state or country, according to and in compliance with the laws and usages of such territory or country, and which deeds or conveyances have been recorded within this state, be and the same is hereby confirmed and declared effectual and valid in law, to all intents and purposes, as though the said deeds or conveyances so acknowledged or proved and recorded, had prior to being recorded, been acknowledged or proven within this state. Sec. 4. Be it further enacted, That all deeds be made out and conveyances of lands, tenements and hereditaments, situate, lying and being within this state, which shall hereafter be made and executed in any other territory, state or country, whereby such lands, tenements and hereditaments shall be conveyed in whole or in part, or otherwise affected and encumbered in law, shall be acknowledged or proved and certified as aforesaid, and recorded in the county in which such lands, tene ments and hereditaments, so conveyed or affected, shall be situate, within one year after the day on how certifiled. To be recorded with in one year. this state, to be re corded with in six months. which such deed or conveyance was executed. And all deeds and conveyances, which shall be made and executed within this state, for the con- Within veyance of any lands, tenements and hereditaments, situate, lying and being within the same, whereby such lands, tenements and hereditaments shall be conveyed, affected or incumbered, shall be acknowledged or proven, and recorded within six months from the actual time of signing or executing such deeds or conveyances; and if any deed or conveyance of lands, tenements or hereditaments made and executed, whereby the same shall be affected in law, or in any manner incumbered, shall not be acknowledged or proved, and recorded within the respective terms allowed by this act, the same shall be deemed fraudulent against any subsequent bona fide purchaser or purchasers, without knowledge of the existence deemed of such former deed or conveyance. If not exe cuted and re corded as aforesaid, fraudulent. Sec. 5. Be it further enacted, That a law, directing how husband and wife may convey their estates, adopted from the Pennsylvania code, and published at Cincinnati, the twenty-fifth day of June, one thousand seven hundred and ninety-five; also, an act, providing for the acknowledgment Repealing and recording of deeds in certain cases, passed the twentieth day of January, in the year of our Lord one thousand eight hundred and two, and all other laws heretofore passed on this subject, be and the same are hereby repealed. clause. This act shall take effect and be in force, from When to and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. take effect. DANIEL SYMMES, Speaker of the senate. February 14, 1805. for grinding grain, etc.. in grist mills. CHAPTER XX. An act, fixing the rate of toll for grinding. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the owner or occupier of all grist mills in this state, shall be entitled to the Toll allowed one-tenth part of all wheat, rye or other grain, ground and bolted, and the one-twelfth part of all rye malt, buckwheat, ground or chopped only, and the one-eighth part of all corn, ground in said mills: Provided, That the owner or occupier of any horse mill shall, in like manner, be entitled to one-eighth part, and may take the one-fourth part For grinding of all grain ground, or ground and bolted, by said horse mill, when the owner or occupier thereof finds horses or team to grind the same. in horse mills. Owners accountable for grain, etc. Proviso. Sec. 2. Be it further enacted, That the owner or occupier of every mill aforesaid, shall be accountable for the safe keeping of all grain received in said mill, for the purpose of being ground therein, and shall deliver the same when ground, or ground and bolted, as the case may be, with the bag, bags or casks, which were delivered in such mill, with the grain, to the owner when called for: Provided, That the bags or casks, left as aforesaid, be distinctly marked with the initial letters of the names of the owners thereof: Provided also, That nothing herein contained shall |