May; in the county of Trumbull, on the twenty-eighth day of May; in the county of Columbiana, on the third day of June; in the county of Jefferson, on the eighth day of June; in the county of Belmont, on the seventeenth day of June; in the county of Guernsey, on the twenty-first day of June; in the county of Muskingum, on the twenty-fourth day of June; in the county of Washington, on the fifth day of July; in the county of Athens, on the nineteenth day of July; in the county of Gallia, on the twenty-fourth day of July; in the county of Scioto, on the twenty-seventh day of July; in the county of Adams, on the first day of August; in the county of Highland, on the fifth day of August; in the county of Clinton, on the ninth day of August; in the county of Clermont, on the twelfth day of August; in the county of Hamilton, on the twenty-third day of August; in the county of Warren, on the thirteenth day of September; in the county of Butler, on the thirtieth day of September; in the county of Preble, on the fourteenth day of October; in the county of Montgomery, on the eighteenth day of October; in the county of Miami, on the twenty-eighth day of October; in the county of Champaign, on the first day of November; in the county of Green, on the seventh day of November; in the county of Fayette, on the eighteenth day of November; in the county of Madison, on the twenty-first day of November; in the county of Delaware, on the twenty-fourth day of November; in the county of Franklin, on the twenty-ninth day of November; in the county of Pickaway, on the sixth day of December--and, when any of the aforesaid days shall happen on Sunday, or on the second Tuesday of October, then the court shall be holden on the next judicial day,

cuit.

2. That the courts of common pleas, for the first circuit, shall be holden Times of holds as follows, to wit: In the county of Hamilton, on the first Mondays of April, ing courts of August and December; in the county of Butler, on the third Mondays of April, common pleas August and December; in the county of Preble, on the fifth Monday of April, in the first cirthe first Monday of September, and the fifth Monday of December; in the county of Montgomery, on the first Monday in May, the second Monday in September, and the first Monday in January; in the county of Miami, on the second Monday in May, the third Monday in September, and the second Monday of January; in the county of Champaign, on the third Monday of May, the fourth Monday of September, and the third Monday of January; in the county of Green, on the fourth Monday of May, the fifth Monday of September, and the fourth Monday of January; in the county of Clinton, on the first Mondays of June, October and February; in the county of Warren, on the second Mondays of June, October and February.

in the second circuit.

3. That the courts of common pleas, for the second circuit, shall be hol- Times of holdden as follows, to wit: In the county of Ross, on the second Mondays of ing courts of February, June and October; in the county of Pickaway, on the first Mon- common pleas days of March, August and November; in the county of Franklin, on the second Mondays of March, August and November; in the county of Madison, on the third Mondays of March, August and November; in the county of Fayette, on the Thursdays following the courts in the county of Madison; in the county of Highland, on the first Monday of April, the fourth Monday of August, and the fourth Monday of November; in the county of Clermont, on the second Monday of April, the first Monday of September, and the first Monday of December; in the county of Adams, the third Monday of April, the second Monday of September, and the second Monday of December; in the county of Scioto, on the fourth Monday of April, the third Monday of September, and the third Monday of December; in the county of Gallia, on the fifth Monday of April, the fourth Mondays of September and December.

cuit.

4. That the courts of common pleas, for the third circuit, shall be holden Times of holdas follows, to wit: In the county of Tuscarawas, the first Mondays of June, ing courts of November and March; in the county of Stark, the Thursdays of June, No- common pleas vember and March, next following the said first Mondays; in the county of in the third cir Portage, the second Mondays of June, November and March; in the county of Cuyahoga, the Thursdays of June, November and March, next following the said second Mondays; in the county of Geauga, the third Mondays of June, November and March; in the county of Ashtabula, on the Thursdays of June, November and March, next following the said third Mondays; in the county of Trumbull, the fourth Mondays of June, November and March; in the county of Columbiana, the first Tuesdays of July, December and April; in the county of Jefferson, the second Tuesdays of August, December and

VOL. II.

3

in the fourth

circuit.

April; in the county of Belmont, the third Tuesdays of August, December and April.

Times of hold- 5. That the courts of common pleas, for the fourth circuit, shall be holing courts of den as follows, to wit: In the county of Athens, on the first Mondays of common pleas April, August and December; in the county of Washington, on the second Mondays of April, August and December; in the county of Muskingum, on the third Mondays of April, August and December; in the county of Guernsey on the fourth Mondays of April, August and December; in the county of Coshocton, on the fifth Monday of April, the first Monday of September, and the fifth Monday of December; in the county of Knox, on the first Monday of May, the second Monday of September, and the first Monday of January; in the county of Delaware, on the second Monday of May, the third Monday of September, and the second Monday of January; in the county of Licking, on the third Monday of May, the fourth Monday of September, and the third Monday of January; in the county of Fairfield, on the fourth Monday of May, the fifth Monday of September, and the fourth Monday of January.

No court may 6. That it shall not be lawful for any court of common pleas in this state, sit more than to hold their sessions for one term longer than twelve judicial days; and that 12 days, &c. no suit, either in law or chancery, shall be discontinued by the operation of

O. L. c. 242, § 1, 2, 3, 4, 5.

When to take effect.

this act.

7. That the first, second, third, fourth and fifth sections of the act, entitled 'an act regulating the times of holding judicial courts,' passed the 20th February, 1810, be, and the same is hereby repealed. The first section of this act shall take effect from and after the passage thereof; and that the residue of the same shall take effect on the first day of June next, and not before. [Passed, January 30, 1811.]

[IN FORCE.*] CHAP. CCLVI.—An act requiring owners and occupiers of salt works and wells to inclose the same.t

Certain parts of 1. Be it enacted, &c. That all owners or occupiers of any salt works or salt works to be salt wells, shall sufficiently enclose and keep enclosed all such parts of said works containing open wells, bitter water or unoccupied pits.

enclosed.

Unoccupied

salt wells to be

enclosed.

2. That all owners of any unoccupied salt works or salt well, or wells sunk for salt water, and remaining open, shall enclose the same with a good and lawful fence, and keep the same in good and constant repair.

Persons failing 3. That if any owner or occupier of any salt works or salt wells as to comply, how aforesaid, shall neglect or refuse to comply with the provisions of this act, punished. such owner or occupier, so offending, shall, on conviction thereof, before any court having jurisdiction of the same, be fined, for every such neglect or refusal, in a sum not exceeding one hundred dollars, at the discretion of the court, for the use of the proper county, and shall moreover be liable to the action of any person or persons that may be injured by such neglect or refusal. This When to take act to take effect and be in force from and after the first day of April next. [Passed, January 30, 1811.]

effect.

314.

CHAP. CCLVII.-An act for the relief of bail in certain cases.‡

Repealed, Feb. 22, 1820, O. L. § 1. Be it enacted, &c. That when any bail has been compelled to pay the c. 492, 18. See amount of any judgment or any part thereof, the court or justice before whom also, O. L. c. such judgment was rendered, may, upon the request of such bail, issue a scire facias against the person or persons against whom judgment was originally given, to appear before such court or justice, which shall be served and returned by the proper officer, and said court or justice, as the case may be, shall proceed to hear and determine said suit, as in other cases, and in such cases there shall be no stay of execution.

2. That when the defendant shall have removed, or resides out of the county or township wherein judgment was originally given, the court or justice before whom such judgment has been entered, may, upon the request of such bail, grant a transcript of such judgment, and the defendant shall be proceeded against on such transcript, by any court having cognizance thereof, in the same manner as in the first section of this act. This act to take effect and be in force from and after the first day of May next. [Passed, January 30, 1811.]

*Probably, but not certainly. + See O. L. c. 235, and acts there referred to. See O. L. c. 243, § 64.

CHAP. CCLVIII.-An act to amend the act, entitled 'an act for disciplining the militia. Repealed, Feb. 1. Be it enacted, &c. That each division of the militia of this state, 9, 1813, O. L. shall consist of not less than two nor more than six brigades. c. 305,

73.

Militia, how

officered.

§ 2. That the militia of this state shall be officered as follows, viz: to each division there shall be one major-general, who shall be allowed two aids. de-camp, and one quarter-master-general, which aids-de-camp shall be appointed by the major-general; to each brigade there shall be one brigadiergeneral, and one brigade-inspector, who shall serve as brigade-major, and one quarter-master of brigade, both to be appointed by the brigadier-general; to each regiment, one lieutenant-colonel-commandant; to each battalion, one major; to each company, one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, one fifer. The regimental staff shall consist of one adjutant, one quarter-master, one clerk, one pay-master, one surgeon, one surgeon's mate to be appointed by the surgeon, one sergeantmajor, one quarter-master-sergeant, one drum-major and fife-major, to be appointed by the commandant of the regiment: Provided, That each odd Proviso. battalion shall be allowed the same staff, which, by this section, is allowed to a regiment, to be appointed by the commandant thereof.

3. That every commissioned officer, of whatever rank, who may lose his What officers command in any corps by the division of the district, or shall have served five exempt from. years or upwards, as a commissioned officer in this state, shall be exempt from militia duty. military duty in time of peace: Provided, That all such officers shall be Proviso. enrolled and classed as militia-men, in the companies in which they may respectively reside, by the commandants of such companies, and shall hold themselves in readiness to do militia duty, in their proper classes, when called into actual service.

4. That each brigadier-general or commandant of brigade, shall appoint Commandant the time and place of holding the officer musters of his brigade, and may call of brigade to the whole or any part of the officers thereof together, for the purpose of having appoint officer them exercised agreeable to the provisions of the sixteenth section of the act musters; what notice to be giv to which this is an amendment, by giving forty days previous notice thereof to en to colonels, the lieutenant-colonels, who shall give thirty days previous notice thereof to majors, &c. each major; and the staff officers of the regiment and the major shall give twenty days previous notice thereof to the commanding officers of companies, who shall give ten days notice of the same to his subalterns; at which time and place such brigadier-general or commandant of brigade, shall attend and superintend their exercise: Provided, That at all officer musters, the officer highest in rank, present, shall have a right to command.

5. That battalion courts of inquiry, and assessment of finės, shall be Battalion held as followeth, viz: on that day week, next succeeding their respective courts of inqui battalion musters, at or near the place of holding such muster, and the officers ry, when held. composing such court shall meet at eleven o'clock, A. M.

6. That the commandants of regiments shall, at their respective regi- Comdts. of regmental musters, appoint the place of holding regimental courts of inquiry, as iments to apnear as may be, to the centre of such regiment, of which notice shall be given point regimentwhile on parade. al courts of, &c. 7. That the commandants of brigades are hereby authorized and required Comdts. of to make the same endorsement on the commissions of the officers within their brigades to enrespective brigades, that is enjoined on the commandants of divisions, by the dorse commisthird section of the act to which this is an amendment.

sions.

by company;

8. That where the centre of any company district shall be a greater Where compadistance than fifteen miles from the place of holding the muster of the battalion ny distant 15 or regiment, to which such company may belong, such company or companies miles from shall respectively meet on the day appointed by law for the meeting of such place of battal ion musters, battalion or regiment, at the place of holding their respective company musters, and shall exercise under the command of their company officer, as in may exercise other cases; and the commissioned officers of any such company, or a majority court of inof them, shall respectively, on that day week, after the day of muster, hold a quiry, how court of inquiry and assessment of fines, which fines shall be collected and held in such applied as other fines under the provisions of the act to which this is an amend- cases. ment. Said officers to appoint a clerk, who shall keep a record of their proceedings; and each commandant of such company shall make a return of his company to the commandant of such battalion or regiment, as the case may

See O. L. c. 178.

Quotation from law U. States.

brigadier-gene

be, within ten days after such company muster, agreeable to the provisions of the twenty-seventh section of the act to which this is an amendment.

Whereas it is provided by the thirty-ninth section of an act of congress, entitled an act regulating the postoffice establishment,' passed the thirtieth April, one thousand eight hundred and ten, that the adjutant-general of the militia of each state and territory shall have a right to receive by mail, free of postage, from any major or brigadier-general thereof, and to transmit to said generals, any letters or packet relating solely to the militia of such state or territory: Provided always, That every such officer, before he delivers any such letter or package for transmission, shall, in his own proper handwriting, on the outside thereof, endorse the nature of the paper enclosed, and thereto subscribe his name and office, and shall previously furnish the postmaster of the office where he shall deposit the same, with a specimen of his signature; and if any officer shall frank any letter or package, in which shall be contained any thing relative to any other subject than of the militia of such state or territory, every offender shall, on conviction of every such offence, forfeit and pay a fine of fifty dollars.-Therefore,

Election of of- 9. That the election of all officers below a colonel, shall be certified by ficers, to be cer- the judges of election or officer who presides at the same, as the case may be, tified by judges to the commandant of brigade to which they may respectively belong, who of election to shall certify all such elections, together with the election of colonels within his brigade, franked, to the adjutant-general, who shall lodge such returns in the office of the secretary of state, and shall forthwith after the commissions issue, enclose them, franked, to the commandant of the proper brigade; he shall also enclose, frank and transmit by mail, to each major-general or brigadier-general, all papers and packets relating solely to the militia of this state, from his own office or the office of the secretary of state, and receive in like manner all such papers and packets from said generals.

ral, who shall certify the same

to the adjutant general; his duty.

10. That the adjutant-general shall henceforth keep a rank roll of all Adjutant-general to keep a commissions which shall issue to the officers of the militia, and the brigadierrank roll, briga- generals shall each keep a record of all endorsements made on commissions dier-generals to within his brigade, and shall forward a certified copy thereof to the adjutantkeep a record of general's office on or before the first of January, annually.

endorsements, &c. Governor to order general

11. That the commander-in-chief shall order general courts martial and courts of inquiry, where a major-general shall preside; division courts of inquiry and courts martial shall be ordered by a major-general, where a brigadier-general shall preside; brigade courts of inquiry and courts martial shall courts martial, &c.; division be ordered by a brigadier-general, where a colonel shall preside; regimental courts by whom courts of inquiry and courts martial shall he ordered by a colonel, where a ordered; brig- major shall preside; courts of inquiry shall consist of not less than three nor ade courts; reg- more than five members, and each court martial shall consist of not less than imental courts; five nor more than thirteen, and to be of rank as near as may be suited to the courts of what rank of the officer whose cause is to be tried; general and division courts of to consist; pow- inquiries shall have power to assess fines incurred by division and brigade er of general, officers; all courts of inquiries shall according to their rank have power to inquire into the conduct of any officer whose official acts or behavior is called powers, to com- in question, or who is arrested by a superior officer, and shall have power to pel the attend- hear and compel the attendance of witnesses, and report the facts as they ance of witnes appear, to the officer by whom such court of inquiry was appointed, who may ses, and make thereupon dismiss the complaint or call a court martial to decide on the case report. and all courts martial shall be governed, as near as may be, by the rules and regulations laid down for the government of the armies of the United States in such cases.

and division

courts; their

Courts may suspend or disqualify, &c.

Officer ordering arrest to issue summons;

12. That courts martial shall have power to punish otherwise than is provided by the act to which this is an amendment, by suspension, cashiering, and disqualification to hold any office in the militia.

13. That in all cases where an officer is arrested, the officer who orders the arrest shall issue any summons that may be applied for by either of the parties, or which he may think necessary to compel the attendance of withow to be serv-nesses; and the party so applying, or any person whom the officer granting ed; persons re- such summons may appoint, may serve the same and endorse the time of service fusing to obey thereon, which shall be at least three days previous to the sitting of the court summons, to be martial, and shall make a return thereof to the president of said court the first fined. day thereof, who shall administer an oath or affirmation to the persons returning the summons, relative to the service thereof. Any person being duly

summoned to attend a court martial, and neglects or refuses, shall be fined in a sum not exceeding ten dollars, which fine shall be collected and applied as other fines under the provisions of the act to which this is an amendment.

14. That when any officer shall neglect or refuse to execute the orders of Officers refushis superior officer, given for the purpose of carrying any of the provisions of ing to obey their superiors, this act or the act to which this is an amendment into effect, or shall refuse or neglect to discharge any of the duties enjoined on him by this act or the act may be arrested, &c. to which this is an amendment, his superior officer may at his own discretion arrest such officer; or if any other commissioned officer shall lodge a complaint with such superior officer, which in his opinion is good grounds for an arrest, such superior officer shall cause the officer against whom such complaint is made, to be arrested, and for no other cause whatsoever, any thing in any law or usage to the contrary notwithstanding.

15. That the fourth section and the fifth article of the act for disciplining O. L. c. 178, the militia, and such part of the third section as requires the commandants of repealed in divisions to make out and forward to the adjutant-general a rank-roll, annually, part. and such part of the twenty-third section as requires that all officers arrested shall be tried by a regimental court of inquiry or court martial, together with any part of the aboverecited act that is contrary to the true intent and meaning of this act, be, and the same is hereby repealed, as also so much of the sixteenth section of the beforerecited act as requires the officers to do and perform camp duty during the night. This act to take effect and be in force from When to take and after the passage thereof.* [Passed, January 30, 1811.]

*RESOLUTIONS. 1. Resolution instructing our representation in congress to use their best endeavors to procure an extension of the time for the payment of public lands, in certain cases. Whereas, many of the citizens of this state, who have purchased lands of the United States, who will not be able to comply with their contracts, and the time is fast approaching (and with many already elapsed) when they will be deprived of the fruits of their former industry by noncompliance, unless government should grant them further indulgence: Therefore,

Resolved, That our senators in congress be instructed, and our representative be requested, to use their best endeavors to procure an extension of the time for the payment of public lands to the following effect, as well for those who come under the preemption law as others, as many individuals within the Cincinnati District have paid a high price for the right of preemption, in addition to the price to be paid to government, viz:-Where a person has purchased lands of the United States not exceeding one section, and paid only one instalment, upon his forfeiting the sum paid, such purchaser or his legal representative shall be entitled to the right of preemption from the time it is forfeited by the act of congress until the time of sale, and the terms of payment on the second entry be the same as are now established by law. Where two or more instalments are paid, the purchaser or his legal representative shall be entitled to the same privilege, viz:-upon forfeiting the first instalment, the second and third instalments shall be placed to his credit on the second purchase. The law thus modified, would perhaps enable many good citizens to provide in a decent manner for a young and rising family, which, under existing circumstances they may be deprived of, and as the sum forfeited would be more than six per cent. interest on the purchase money, it would by no means be injurious to the nation.

Resolved, That the governor be requested to forward copies of the foregoing resolution to the senators and representative from this state in the congress of the United States. [Passed, January 14, 1811.j

2. Resolution directing the doorkeepers to take charge of, and the clerks to make out an inventory of certain property, &c.

3. Resolution directing the secretary of state to make out an index to the laws.

4. Resolution appointing commissioners to fix the seat of justice of Wayne county. 5. Resolution for having certain acts reprinted and annexed to the laws of the present session.

6. Resolution for printing the militia laws and distributing the same,

7. Resolution appointing commissioners to fix the seat of justice in Madison county. 8. Resolution for the appointment of commissioners, agreeably to the provisions of the act entitled an act to amend the act making further appropriation of the three per cent. fund, granted by the United States, for laying out, opening, and making roads within this state, passed the twentieth day of February, one thousand eight hundred and ten.

9. Resolution approving the measures of the general government:

Resolved, That this legislature fully believe that our political safety depends on our attachment to and continuance in our federative relations with our sister states, and we pledge ourselves to the general government to support the union of these states to the utmost of our power; and, believing as we do, that the measures of the general government are directed by sound policy, with the welfare of all in view, we hesitate not to say, that this state will be found ever ready to support such measures as congress may direct for securing our rights, sovereignty, and independence.

effect.