what conditions.

Compensation

of listers.

Commissioners to appoint a

clerk annually, on the first Monday of June.

O. L. c. 60, repealed in

part, and c. 119 wholly repealed.

ing land sold for taxes:'* Provided, that the application required by the said act to be made to the auditor, shall be made to the commissioners of the proper county, and within one year after the disability shall be removed.

9. That the commissioners, in each county in this state, shall allow the listers and appraisers, in their respective counties or townships, the sum of one dollar per day, for listing, appraising and making out duplicates.

10. That the county commissioners shall, at their annual meeting, on the first Monday of June, yearly, and every year, appoint a clerk to their board, agreeably to the seventh section of the act establishing boards of commissioners, passed January the fifteenth, eighteen hundred and ten.

11. That the act entitled, an act to amend the act entitled an act regulating county levies,' passed January twenty-seventh, one thousand eight hundred and six, and also so much of the act regulating county levies, passed February nineteenth, one thousand eight hundred and five, as comes within the purview of this act, be, and the same are hereby repealed. [Passed, February 11, 1812.]

Amended O. L. c. 304. Repealed, January 1, 1816, O. 1. Be it enacted, &c. That every justice of the peace, within this L. c. 357, 19. state, is hereby authorized and required (upon application made to him by any Justice to issue creditor, his agent, or attorney, on oath or affirmation, before the said justice, attachment on that his debtor absconds to the injury of his creditors, or that such debtor is the oath of the not a resident in said county, as he verily believes) to issue an attachment, party, directed under his hand and seal, directed to any constable of the proper county, reto a constable. quiring him to execute the same on the goods, chattels, rights, credits, moneys and effects, of the defendant, within the county, and make return thereof within twenty days.

CHAP. CCLXXI.-An act allowing and regulating writs of attachment before justices of the peace.t

under oath.

Manner of ex- 2. That the constable in executing such writ of attachment, shall go to ecuting said the place where the defendant's property is or may be found, and in the preswrit; goods to ence of at least two credible persons, declare, that by virtue of the writ to be valued by him directed, he attaches the goods, chattels, rights, credits, moneys and eftwo freeholders fects of said defendant, at the suit of such plaintiff in attachment; and the said constable shall take to his assistance two respectable freeholders, who, under oath or affirmation, which oath or affirmation the constable is hereby authorized to administer, shall make a true inventory and appraisement of the property so attached, which shall be signed by the said constable and freehold, ers, and returned with the writ; and the constable shall endorse on said wr the time and manner of serving the same, and subscribe his name thereto; and such writ, when served, shall bind the property so attached from the time of executing the same.

Plaintiff to ad- 3. That the plaintiff, forthwith after issuing each [such] writ of attachvertise in three ment, shall advertise in three of the most public places in said township, or in public places. some newspaper printed in said township, that an attachment has been taken out from such justice against such absent or absconding debtor; and the plaintiff shall transmit to the justice a copy of the advertisement thus put up, and produce such evidence of having complied with the requisitions of this section, as said justice shall think just and equitable, previous to rendering judgment.

Goods attached, to re

4. That the property attached shall be taken into the care of the said constable, unless the garnishee, or person in whose custody or possession the main in care of said property shall be found, shall enter into bond to the constable, with two the constable good and sufficient sureties, within the county, in double the appraised value unless bond giv- of such property, conditioned that such property, or the appraised value to loss of goods thereof, shall be forthcoming to answer the judgment on said attachment: by accident. Provided, That if said property, or any part thereof, shall be lost by unavoidable accident, said justice, upon sufficient proof being made, shall remit the value thereof to the person so bound.

en; proviso, as

When property 5. That if any constable, by virtue of a writ of attachment, issued un-. attached and der this act, shall, through ignorance or want. of information, attach any claimed by goods, chattels or effects, which shall be claimed by any other person or peranother person, sons, as his, her, or their property, it shall and may be lawful for such constable forthwith to summon and swear a jury of five men, who shall be freeholders

constable to

* See O. L. c. 153. + See O. L. c. 225, § 24, 25.

court.

in said county, to inquire into and try the right of property thereof; and if summon a jury such jury shall find the right of property to be in the claimant, or any other of five freeholdperson or persons than the defendant in such attachment, the said constable ers; costs how shall deliver such goods, chattels or effects to the person or persons in whom to be taxed; apthe property of the same is found by the inquisition, or his or their agent; peal allowed to and the constable shall not be liable to any prosecution for having taken and attached such goods, chattels or effects; and all reasonable costs accruing by such inquest, shall be taxed by the justice, and paid out of the property of the defendant in attachment; but if the right of property be found to be in the said defendant, then such costs shall be paid by the claimant; and in all cases where the right of property is disputed by any claimant and a trial is had, the decision thereon may be appealed from or taken up by certiorari to the court of common pleas, as in other cases of judgment.

6. That if the plaintiff or other credible person shall make oath or affir- Persons holding mation, that he has good reason to believe and does verily believe that any property or inperson or persons (naming such person or persons) hath property (describing debted to dethe same as nearly as may be) in his or their possession, belonging to the de- fendant, may be summoned fendant in attachment; and if the said constable, making service of such writ of attachment, cannot come at the property of the defendant in attachment, in manner of maas garnishees; the hands and possession of such person, the said constable shall summon king service; such garnishee, by leaving with him, or at his usual place of residence, a copy garnishee to apof such writ of attachment, and a copy of the affidavit, together with a writ- pear and anten notice to such garnishee to appear before the said justice within five swer under oath days; who shall give attendance accordingly, and make answer under oath or touching the affirmation, to all questions that shall be put to him, touching the property and property, &c. of credits of the defendant, in his hands and possession, or within his knowl edge; and from the day of such service, such garnishee shall stand accountable to the plaintiff in attachment to the amount of the moneys, property and credits, in his hands, or due from him to the said defendant in attachment.

the defendant.

against defen

7. That the suit instituted against such garnishee shall be continued Suit instituted without trial or decision, until the action against such defendant in attachment against garshall be determined; and if in such action nothing shall be found due from the nishee to be defendant to the plaintiff, then the garnishee shall recover costs against the continued until plaintiff, although he may be indebted to the defendant in attachment, or have the action moneys, goods, chattels, or effects of such defendant in his possession; or if in dant is detersuch suit, so instituted against the garnishee, the plaintiff shall be nonsuited, mined; gardiscontinued, or judgment be had against him, the said garnishee shall recover nishee to recovcosts; and if the plaintiffs shall recover judgment against the defendant in er costs in cersuch attachment, and the garnishee shall deliver up to the constable, before tain cases; judgment is had against him, all the goods, chattels, and other property in his costs of suit possession, and shall also pay over to the said justice all moneys due from him against garto said defendant, then the costs which shall have accrued on such suit against the garnishee shall be paid out of the proceeds of the property attached and paid out of the proceeds of belonging to the defendant; but if the garnishee shall not appear, or if ap- sales; in what pearing, shall refuse truly to confess the matters alleged, and the plaintiff on case garnishee trial shall recover judgment, then the said garnishee shall pay costs.

nishee to be

to pay cost.

8. That if the plaintiff will make oath or affirmation before the justice Garnishee to issuing said attachment, that he is in fear said garnishee will abscond before give bail in judgment can be had, and that he verily believes such garnishee hath moneys, certain cases. goods, chattels, or effects in his possession, or is indebted to the said defendant, it shall be lawful for said justice to issue a warrant against such garnishee, or other person holding property of the said defendant, who shall be held to bail as in other civil cases.

provided

9. That upon return of said writ of attachment, if the creditor or cred- Justice to give itors shall make sufficient proof of the debt due to him or them, and also of judgment and the goods, chattels, rights, credits, moneys and effects, in the hands of the issue execution garnishee, the said justice shall at any time after the expiration of thirty in thirty days; days, give judgment therein for the said plaintiff or plaintiffs, as the case may amount be be, and award execution thereon, either against the effects of the defendant within his juor against the garnishee, as the case may require: Provided, the amount risdiction; proven by any one of the creditors, doth not exceed the sum cognizable be- judgment in fore a justice of the peace in other cases: Provided also, That if the plain- certain cases tiff shall fail in proving a demand against the defendant, or in proving the may be given goods, chattels, rights, credits, moneys, or effects in the hands of the gar- against the plaintiff.

Plaintiff's

nishee, he shall pay the costs, and if need be, the said justice shall give judgment against such plaintiff and issue execution for the same.

10. That if upon proof made as aforesaid, it shall appear that a sum claim exceed greater than the amount cognizable by a justice of the peace, is due and owing ing a justice's to any one person, then, in that case, the said justice shall forthwith certify jurisdiction, the his proceedings, together with the writ and constable's return, to the court of common pleas, next to be holden in said county, and the court shall proceed therein as if the writ of attachment had originally issued from said court.

cause to be cer

tified up to

court.

Property at

tached, not to

be sold under three months.

Three months given to all

11. That the effects of the defendant, taken by attachment, shall not be sold in less than three months, except the same are of a perishable nature, to the end that the debtor or his agent may redeem them, and the same shall be kept in such manner as the justice shall direct.

12. That the justice shall have power to audit and adjust all accounts and demands of the plaintiff and creditors of the defendant in attachment, claims of cred- upon due proof of the same being made within three months from and after itors on attach- issuing said attachment, and if the money collected by virtue of the sale of ment; proceed- said property be not sufficient to satisfy in full the demands or accounts proven ings when the against said defendant, then the justice shall pay an equal proportion to each proceeds of creditor, according to his demand thus adjusted, after deducting the legal costs sales not suffiwhich may have accrued by virtue of such attachment, and the said justice cient to pay all debts. shall allow to the said constable and appraisers, such compensation as shall appear to him just and reasonable, for services not otherwise provided for by law.

Plaintiff not allowed to discontinue suit until all creditors are satisfied. Creditors to

pay costs when the estate of defendant is not sufficient.

attachment,

13. That the plaintiff in any writ of attachment, shall in no case be permitted to discontinue the same, when any other creditor or creditors shall have applied and filed his or their claim, with the justice issuing such writ, without the consent of or satisfaction made to each of said creditors.

14. That if sufficient moneys and effects cannot be found to satisfy the legal costs of such attachment and service, then, and in such case, said costs shall be discharged by the creditors, in proportion to their several demands, adjusted as aforesaid; and all judgments rendered by any justice, by reason of this act, may be taken up by appeal, or otherwise, as in other cases.

15. That if any defendant in attachment, by himself or agent, appears Defendant in before any justice, within fifteen days after a judgment is rendered against entering bail in him, under this act, and then and there cause good and sufficient bail for stay fifteen days, al- of execution, for the payment of each and every debt and costs recovered by lowed stay of the plaintiff and creditors, (if any applied,) such justice shall suffer such perexecution, and son to enter bail, and he shall have the same time for stay of execution as he his property to would have been entitled to had the suit been brought by the plaintiff and be delivered up creditors, severally, by summons or capias, and the property attached shall be delivered over to the defendant, on demand.

to him.

Lien of consignee.

Attachment

issued from

attachment;

property at

16. That where an attachment is levied on goods in the possession of a consignee, the consignee of such goods shall have a lien upon them for any debt due to him from the consignor, in exclusion of the plaintiff or any other creditor.

17. That any writ of attachment against any absconding or absent debtor, which may be issued out of the court of common pleas, shall be a court, to super- supersedeas to all attachments issued by a justice of the peace, undetersede justice's mined at the time of serving the said writ: and it shall and may be lawful for the sheriff or his deputy, or other officer, to take into his possession all goods sheriff to take and chattels attached by the constable, as fully and to all intents and purposes, tached by con- as if the attachment issued by the justice had not been served; and the plainstable; proviso tiffs in said attachment shall be entitled to their several debts, with the costs in favor of con- that may have accrued, in proportion to other creditors, as is before in this act stable; further mentioned and directed: Provided, That no constable shall be obliged to proviso author- remove any goods, taken into his custody by virtue of any attachment after the izing justice to same shall have been seized and attached by the sheriff: And provided also, issue attach- That if on the return of an attachment, issued against the goods, chattels, land when no rights, credits, moneys, and effects of any absconding or absent debtor, it shall goods, &c. appear to the justice that there were no goods, chattels, rights, credits, found; duty of moneys, and effects, or not a sufficiency thereof, on which to levy, the justice constable in le- in such case, on the application of the plaintiff, may issue an attachment vying attach against the lands and tenements of the defendant; and the constable shall levy ment on land, the said writ of attachment in the same manner sheriffs are directed to do, by an &c.; justice to act allowing and regulating writs of attachment; * and on the return thereof,

ment against

See O. L. c. 225.

the justice shall forthwith certify his proceedings, together with the consta- certify his proble's return, to the court of common pleas, next to be holden, for the proper ceedings with county; and the court of common pleas shall proceed in the same as if the constable's rewrit of attachment had originally issued from said court.

turn to the next court.

( 18. That in all cases where a writ of attachment is issued by virtue of Duty of justice the provisions of this law, the following form shall be pursued, as nearly as of peace in isthe same may be proper or applicable, and the justice shall in all cases en- suing attachdorse on the back of said writ the amount of the sum claimed, that the defen- ment; to endant, or any one for him, may pay the same, and costs, of such defendant or dorse the sum his agent so elect; and upon the return of such writ, if said sum and costs be due on the paid, the justice shall enter a judgment of nonsuit.

The state of Ohio, to any of the constables greeting:

Whereas A. B. hath this day made oath, or affirmation, (as the case may be,) that C. D. is justly indebted to him, and that the said C. D. absconds to the injury of his creditors (or that the said C. D. is not a resident, &c. as the case may be,) as he verily believes; you are therefore hereby commanded to attach the goods, chattels, rights, credits, moneys, and effects of the said C. D. which may be in your township, agreeably to law: And whereas A. B. hath made oath, or affirmation, that he does verily believe that E. F. is indebted to (or hath property of, as the case may be) the said C. D. you are therefore commanded to summon the said E. F. agreeably to law, that he appear before G. H. a justice of the peace, within said township, on the day of 18, then and there to make answer under oath, or affirmation, touching the property and credits of the said C. D. within his knowledge or possession. Hereof fail not, and of this writ make legal service and due return, according to law. Given under my hand and seal, this G. H.,

day of 18

back, &c.

Form of at

tachment.

[L. S.] Justice of the peace in aforesaid township and county. 19. That the twenty-fourth section of the act to which this is an amend- O. L. c. 225, ment, be, and the same is hereby repealed. This act to take effect and be in ) 24, repealed, force from and after the first day of June next. [Passed, February 11, 1812.J

CHAP. CCLXXII.--An act to district the state of Ohio. *

tricts. What

Repealed, O. 1. Be it enacted, &c. That this state shall be divided into six congres- L. c. 557, § 7. sional election districts, in the following form: The counties of Hamilton, The state diviButler, Warren, Preble, and the subdivisions thereof, shall compose the first ded into six congressional district; the counties of Clermont, Highland, Fayette, Clinton, Green, Adams, election disand the subdivisions thereof, shall compose the second district; the counties of Ross, Gallia, Athens, Washington, Scioto, Pickaway, and the subdivisions counties com thereof, shall compose the third district; the counties of Muskingum, Guern- pose the difsey, Coshocton, Belmont, Jefferson, and the subdivisions thereof, shall com- ferent districts, pose the fourth district; the counties of Licking, Delaware, Franklin, Madison, Fairfield, Champaign, Montgomery, Miami, Dark, and the subdivisions thereof shall compose the fifth district; the counties of Tuscarawas, Stark, Columbiana, Portage, Trumbull, Cuyahoga, Geauga, Ashtabula, Knox, Wayne, and Richland, and the subdivisions thereof, shall compose the sixth district.

2. That on the second Tuesday of October, in the year of our Lord one To vote on the thousand eight hundred and twelve, the electors within each congressional second Tuesday district in this state, shall vote for a suitable person, residing therein, to rep- of October, resent the state of Ohio in the congress of the United States, for the term of 1812, for one two years, commencing on the fourth day of March in the year of our Lord representative in congress for one thousand eight hundred and thirteen. each district. Representa

3. That at every period of two years from the said second Tuesday of October, the electors of each congressional election district in this state, shall tives to be in like manner vote for a suitable person to represent this state in the con- elected every gress of the United States, for the term of two years, to commence on the two years. fourth day of March next thereafter.

4. That all elections under this act shall be held and conducted in all Elections how respects conformably to the provisions of the act entitled 'an act to regulate conducted and elections.'t regulated,

See O. L. c. 185, 32. † See O. L. c. 185,

Duty of the

state.

and count re

5. That the clerk of the court of common pleas of each county, to clerk of court of whose office a return of votes for a representive to congress shall be made, common pleas, shall, in addition to the certified copy required to be forwarded to the secretary in returning of state, by the provisions of the twenty-second section of the act entitled 'an and certifying act to regulate elections,' make out, from the returns in his office, a separate elections of representatives abstract of votes for representative to congress, which he shall seal and direct in congress; ab- to the secretary of state, and endorse on the outside or cover of such abstract, stract of votes the words 'abstract of votes for a representative to congress, returned to the to be sent to clerk's office of' (here add the name of the county ;) and the respective clerks the secretary of shall each deliver the abstract aforesaid to one of the members of the legislature, who shall take charge of the same and deliver it to the secretary of state. Governor and 6, That within ten days after the commencement of the session of the secretary in the legislature, first to be holden after such election, the governor and secretary presence of the of state shall, in the presence of the senate, open the returns made to the senate to open secretary of state, for representatives to congress, and if it shall appear that turns of elec- returns have been received from all the counties, agreeably to the provisions tions; proceed- of the fifth section of this act, the governor and secretary of state shall proings when all ceed to ascertain the number of votes given to the different persons in each the returns district for representatives to congress; but if such returns shall not have have not been been received from all the counties as aforesaid, and abstracts shall have been received; how received by the secretary of state from such delinquent counties, agreeably to to proceed the provisions of the twenty-second section of the act, entitled 'an act to regwhen two or ulate elections,' the governor and secretary shall be governed, so far as it remore persons are equal in lates to such delinquent counties, by the abstracts last mentioned, and the persons having the highest number of votes shall be considered duly elected; votes; each person duly but if it shall appear from the returns and abstracts aforesaid, that any two elected, to re- or more persons in any district have the highest and an equal number of votes ceive a certifi- for representative to congress, the governor and secretary of state shall decide cate thereof. by lot which of said persons shall be duly elected; and the governor shall give to each person duly elected a certificate of his election, which certificate shall be signed by the governor, and sealed with the great seal, and countersigned by the secretary of state,

O. L. c. 185, 32, repealed.

[IN FORCE:] But see O. L. c. 319, 344,

The proposals of Alexander M'Laughlin

7. That the thirty-second section of the act 'entitled an act to regulate elections,' passed February twentieth, one thousand eight hundred and nine, be, and the same is hereby repealed. [Passed, February 14, 1812.]

CHAP. CCLXXIII.--An act fixing and establishing the permanent and temporary seats of government.*

§ 1. Be it enacted, &c. That the proposals made to this legislature by 374; also reso- Alexander M'Laughlin, John Kerr, Lyne Starling and James Johnston, (to lutions 10, 11, 16, 18. lay out a town on their lands, situate on the east bank of the Scioto river, opposite Franklinton, in the county of Franklin, and parts of half sections number nine, ten, eleven, twenty-five and twenty-six, for the purpose of having the permanent seat of government thereon established; also, to convey and others ac- to this state a square of ten acres and a lot of ten acres, and to erect a statecepted; their house, such offices, and a penitentiary, as shall be directed by the legislature,) bond to remain are hereby accepted, and the same and their penal bond annexed thereto, dated with the treas the tenth of February, one thousand eight hundred and twelve, conditioned for their faithful performances of said proposals, shall be valid to all intents and purposes, and shall remain in the office of the treasurer of state, there to be kept for the use of this state.

urer.

Permanent seat

ter first Mon

§ 2. That the seat of government of this state be, and the same is hereby established af fixed and permanently established on the land aforesaid, and the legislature shall commence their sessions thereat on the first Monday of December, one day of Decem- thousand eight hundred and seventeen, and there continue until the first day of May, one thousand eight hundred and forty, and from thence until otherwise provided for by law.

ber, 1817.

A director to be 3. That there shall be appointed by a joint resolution of this general appointed; assembly, a director, who shall, within thirty days after his appointment, take continuance in and subscribe an oath faithfully and impartially to discharge the duties enoffice; vacancy joined on him by law, and shall hold his office to the end of the session of the how filled. next legislature: Provided, That in case the office of the director aforesaid shall by death, resignation, or in any otherwise become vacant during the recess of the legislature, the governor shall fill such vacancy.