Further duty of taker up Penalty for abusing estrays own fee, shall pay the remainder to the owner of such estray on demand. Sec 2. Be it further enacted. That if the owner or keeper of such estray is not known or cannot be found, it shall be the duty of the taker up to advertise the said horse in writing, at three of the most public places in the township, and on the door of the court house of the county in which such horse was taken up, and if no owner shall appear and claim such estray within twenty days, it shall be lawful for the taker up to geld or to procure to be gelded the said horse, which shall be done at the risk and expense of the owner; and if no owner shall appear to claim and prove his property within one year, the taker up shall deliver such estray to a constable of the township and take his receipt therefor, and transmit the same to the township treasurer; and it shall be the duty of such constable after giving fifteen days notice in writing, to be fixed up at three of the most public places in his township, mentioning the time and place of sale, to proceed and sell such estray for ready money to the highest bidder, and after paying all the aforesaid rewards, fees, and reasonable charges, and one dollar for his own trouble, shall pay the remainder to the township treasurer and take his receipt for the same; but if the owner should at any time thereafter, make satisfactory proof before a justice of the peace, that any estray so sold as aforesaid was his or her property, such justice shall give him or her an order on the township treasurer for the amount so paid, and the treasurer is hereby di. rected to pay the same. Sec. 3. And be it further enacted, That if any person taking up any estray as aforesaid, shall abuse the same, either by riding, working or negligent keeping, or shall dispose of any such estray contrary to the provisions of this act, shall be liable to the party injured, and upon conviction thereof shall pay the full amount of damages sustained and costs of suit. This act shall commence and be in force from Commence and after the first day of March next. JOHN SLOANE, Speaker of the house of representatives. JAMES PRITCHARD, Speaker of the senate. ment 17th January, 1806. CHAPTER LXV. An act concerning apprentices and servants, Sec. 1. Be it enacted by the general assembly Clause to be of the state of Ohio, That in all indentures made inserted in by overseers of the poor, by and with the consent indentures of a justice of the peace in any township in this state, or by any parents or guardians for binding or putting out any child as an apprentice or servant, shall among the covenants in such indenture, made and agreed upon between the parties, always have a clause to the following effect, that every master or mistress to whom such child shall be bound as aforesaid, shall at least cause such child to be taught and instructed to read and write; and the age of the person so bound, shall be inserted in the indenture, together with the time which they have to serve, as well as the money or property (if any) which they are to receive at the expiration of their servitude. In case of misdemea nor how to Sec. 2. Be it further enacted, That if any master or mistress shall be guilty of any misusage, refusal of necessary provision or clothing, proceed cruelty or other ill treatment, so that his or her said apprentice or servant shall have just cause to complain, or the said apprentice or servant bę guilty of any misdemeanor or ill behaviour, or do not perform his or her duty, to his or her master or mistress, then the said master or mistress, apprentice or servant, having just cause of complaint, may repair to any justice of the peace in the township, who shall, upon the application by either of the parties, issue his warrant or sum. mons for bringing the said master or mistress, apprentice or servant before him, and take such order or direction between the said master or mistress, apprentice or servant, as the equity and justice of the case shall require. Sec. 3. And be it further enacted, That if the Manner of justice of the peace before whom the parties approceeding when paries Pear cannot compound or agree the matter in canno com dispute between them, he shall then issue a ve pound nire, directed to any constable of the township, to summon five disinterested freeholders, to meet at some convenient place, not exceeding three days thereafter, (the time and place to be stated in the notice) and the justice giving such notice shall also attend, for the purpose of taking depositions; and the referees when met and qualified, shall hear all evidence which may come before them, relating to the matter in dispute between the said master or mistress and their apprentice or servant, and determine such case by taking such order thereon as in their judgment will relieve the party injured, by removing the apprentice or servant, and binding him or her to some other master or mistress, if it shall seem necessary, or take such order thereon as may seem to them just and reasonable, and may also in the same manner hear and determine complaints of masters and mistresses against their ap prentices and servants for desertion without good cause. This act shall take effect and be in force from Commence and after the passage thereof. JOHN SLOANE, Speaker of the house of representatives, JAMES PRITCHARD, ment 27th January, 1806. Speaker of the senate. CHAPTER LXVI. An act for the confinement of prisoners under the authority of the United States, in the jails of this state. Whereas, it hath heretofore been recommended by congress, to the legislatures of the several states, to pass laws making it expressly the duty of the keepers of the jails to receive and safe keep therein all prisoners committed under the authority of the United States, until they shall be discharged by due course of the laws thereof, under the like penalties as in the case of prisoners committed under the authority of such states respectively, the United States to pay for the use and keeping of such jails, at the rate of fifty cents per month, for each prisoner who shall, under their authority, be committed thereto, during the time such prisoner shall be therein confined; and also, to support such of said prisoners as shall be committed for offences; therefore, Sec. 1. Be it enacted by the general assembly of the state of Ohio, That the sheriff or keeper of Preamble Sheriffs or keepers of jails to receive pri soners, &c. every jail in any county of this state, shall be and he is hereby authorised and required to receive all prisoners committed to his custody by the authority of the United States, and to keep them safely until discharged by due course of the laws of the same. And if And if any sheriff or Penalty for jailor shall neglect or refuse to perform the serneglect, &c. vices and duties required of him by this act, or shall offend in the premises, he shall be liable to the like penalties, forfeitures and actions, as if such prisoner or prisoners had been com. mitted under the authority of this state: Pro vided, That every prisoner who shall be committed for any offence by the authority of the United States, shall be supported at the expense of the same, during his or her confinement in said jail. Proviso. Sheriffs to make out a list of the names of per SONS commit ted, &c. annually See. 2. And be it further enacted, That the sheriff or keeper of every jail shall, on the first Monday of January, annually, make out under oath or affirmation, the name or names of all prisoners who, within the year then last past, shall have been committed to his custody, under the authority of the United States, and the time that he, she or they shall have been respectively confined, with an account of the expense thereof, at fifty cents per month, for the use and keeping of such jail, for every person so committed, together with an account of their sub. sistence, at the rate established by law for state prisoners, unless provided for by the United States, and transmit the same to the auditor of Auditor to this state, who is hereby authorised and required draw on the to draw on the treasurer of this state, who shall the amount pay the said account, out of any public money of expense, in his hands not otherwise appropriated; and the and exhibit said auditor is hereby required to exhibit the the accounts several accounts by him received as aforesaid, treasurer for |
