holden. the second cir- ary, June and October; in the county of Franklin, on the fourth Mondays of cuit, when February, June and October; in the county of Madison, on the first Mondays of March, July and November; in the county of Fayette, on the Thursdays next following the first days of the courts in the county of Madison; in the county of Highland, on the second Mondays of March, the last Mondays of July and the second Mondays of November; in the county of Clermont, on the third Mondays of March, the first Mondays of August and the third Mondays of November; in the county of Adams, on the first Mondays of April, the third Mondays of August, and the first Mondays of December; in the county of Scioto, on the second Monday of April, the fourth Monday of August and [second Monday of] December; in the county of Gallia, on the third Monday of April, the first Monday of September, and the third Monday of December; in the county of Ross, on the fourth Monday of April, the third Monday of September, and the fourth Monday of December. Courts of common pleas in the third circuit, when to be holden. Courts of common pleas in the fourth circuit, when to be holden. 4. That the courts of common pleas, for the third circuit, shall be holden as follows, viz: In the county of Stark, on the first Mondays of March, August and November; in the county of Wayne, on the Thursdays next following the first day of the courts in the county of Stark; in the county of Portage on the second Mondays of March, August and November; in the county of Cuyahoga, the Thursdays next following the first day of the courts in the county of Portage; in the county of Geauga, the third Mondays of March, August and November; in the county of Ashtabula, on the fourth Mondays of March, August and November; in the county of Trumbull, on the first Mondays of April, September and December; in the county of Columbiana, on the second Mondays of April, September and December; in the county of Jefferson, on the third Mondays of April, September and December; in the county of Belmont, on the fourth Tuesdays of April, September and December. 5. That the courts of common pleas, for the fourth circuit, shall be holden as follows, to wit: In the county of Athens, on the last Mondays of March, July and November; in the county of Washington on the first Mondays of April, August and December; in the county of Muskingum, on the second Mondays of April, August and December, in the county of Guernsey, on the third Mondays of April, August and December; in the county of Tuscarawas on the fourth Monday of April, August and December; in the county of Coshocton, on the first Mondays of May, September and January; in the county of Knox, on the second Mondays of May, September, and January; in the county of Delaware, on the third Mondays of May, September, and January; in the county of Licking, on the fourth Mondays of May, September and January; in the county of Fairfield, on the first Mondays of June, October and February. The operation 6. That no suit either in law or equity, shall be discontinued by the of this act not operation of this act; but all writs issued and made returnable according to to discontinue the law in force when such writs may have issued, shall be considered as any suits com- returnable at the times when by virtue of this law such courts are holden, and thereupon the courts respectively shall make such order as may be proper and just. menced. to the supreme ings thereon; the criminal may be let to bail or continued in custody, A criminal, af- 7. That whenever a person who has been or hereafter may be charged ter conviction, with and convicted of an indictable offence before any court of common pleas obtaining a writ in this state, takes the record of such conviction, and of the judgment thereon of error to re- rendered to the supreme court by writ of error, but fails to obtain a reversal move his cause of such judgment, if in such judgment a day be fixed for the infliction of any court; proceed-prescribed punishment, such supreme court is hereby authorized and required, in rendering their judgment of affirmance, if such day so appointed by the court of common pleas for the infliction of such punishment, be elapsed or inconvenient, to appoint for such purpose any other day, or at the election of such supreme court in their mandate to the court of common pleas, to direct such court of common pleas to appoint any other day therefor; and in all cases where a writ of error is allowed in favor of any criminal, found guilty on indictment before any court of common pleas, the judge or court allowing such court or judge writ of error, is hereby directed to cause such criminal to be continued in jail, notwithstanding the allowance of such writ of error, if in the opinion of such judge or court the enlargement of such criminal would be unsafe or improper; but if such enlargement should be directed by such judge or court until the trial of the alleged error (bond signed by such criminal, with approved security being given as in other cases;) and if on the trial such criminal should at the discretion of the granting the writ of error. not personally appear, it shall nevertheless be competent for such supreme court to render judgment against such criminal, notwithstanding his absence, whereupon proceedings may be had against such security. 8. That the eleventh section of the act entitled 'an act to reduce into O. L. c. 243, one the several acts organizing the judicial courts, defining their powers and 11, and c. regulating their practice,' also, the act entitled 'an act regulating the times 254, repealed. of holding judicial courts,' passed the thirtieth day of January, eighteen hun dred and eleven, be, and the same is hereby repealed. 9. That the first, second, and ninth sections of this act, shall take effect from and after the passage thereof; and that the residue of this act shall take effect and be in force from and after the first day of June next, and not before. [Passed, February 21, 1812.] CHAP. CCLXXXV.-An act providing for the service of process in civil and criminal pro- Repealed, Janceedings, in certain cases.* Persons indictmay be ar rested on a ca uary 24, 1816, 1. Be it enacted, &c. That in all cases on indictment found in any O. L. c. 366, county in this state, when a capias issues to the sheriff or other officer of such $5. county to arrest the person, the sheriff or other officer may arrest such person ed in any other county in this state, and shall commit or hold such person to bail in the county wherein such indictment was found, and in all criminal prose- pias issued out cutions subpoenas may be issued to any person or persons within this state, of the conrt whose testimony may be necessary in the trial of any such prosecution, which where the insubpoenas may be served and returned under oath by any ministerial officer, dictment is or other indifferent person, who shall receive such fees as are usual in such found. cases. 2. That in all cases where there is no constable in any township in this No constable state, or no constable who can legally serve any process, either civil or crim- in a township, inal, issued by a justice of the peace in any such township, it shall be the duty justice may deof the justice of the peace who may issue such process, to direct the same to pute any perany person in the township he may think proper, and who wiM undertake the son. service thereof, and the person to whom such process is directed, shall serve the same in like manner as a constable might or could do, and shall be liable to the same penalties for neglect of duty or illegal proceedings therein, and shall receive the same fees and compensation as constables are entitled to by law for similar services. 3. That in all cases when a warrant is issued in behalf of the state by Persons may any justice of the peace, it shall be the duty of the constable or other person be arrested by to whom such warrant is directed, to arrest such person or persons in any a justice's wartownship or county in this state, wherein such person or persons may be found. rant. 4. That in the event of the death, inability, absence, or refusal of the On death, inasheriff or coroner in any of the counties of this state, and if there be no dep- bility, &c. of uty in such case capable to serve process, either of the courts of common pleas sheriff or coroor supreme court may appoint such person or persons as may be necessary to ner, the court serve the process of such court. This act to take effect from and after the may appoint. first day of May next. † [Passed, February 20, 1812.] + RESOLUTIONS. 1. Resolution instructing and requesting our representation in congress to use their endeavors to have a road opened from the rapids of the Miami of the Lake, to the Connecticut reserve, and for other purposes. 2. Resolution requesting our representation in congress to endeavor to obtain the passage of a law, granting the right of preemption to settlers whose lands may be forfeited. Whereas many good citizens of this state who have purchased land of the United States, and have paid part of the purchase money, are unable to pay the remainder, on which account their land and also that part of the price thereof which has been paid are liable to forfeiture: Therefore,. Resolved, That our senators and representatives in congress be requested to use their best endeavors to obtain the passage of a law, granting the right of preemption to settlers whose lands may be forfeited, and that whatever part of the purchase money (if any) may have been paid, more than, the first instalment, shall be placed to their credit on the second purchase; or for granting relief in any other way which congress in their wisdom and justice may deem right. Resolved, That the governor be requested to transmit a copy of this resolution to each of our senators and representatives in congress. [Passed, December 26, 1811.] 3. Resolution instructing our representation in congress to procure a law designating the northern and western boundary lines of this state. Whereas the northern and part of the western boundary lines of this state have never been run and designated, and considerable settlements have been made on those parts of the United States' lands, ceded by the Indians, near the Rapids of the Miami of the Lake, and the peo *See O. L. c. 85. * Obsolete. Preamble. Four thousand dollars appropriated, subject to the order of the governor. ACTS OF THE ELEVENTH GENERAL ASSEMBLY OF THE Passed at the first session, which was held at Chillicothe, and commenced December 7, 1812. sentatives. CHAP. CCLXXXVI.-An act to provide blankets for the Ohio militia, now in the service of the United States. Whereas it has been made to appear to this general assembly, by a communication from his excellency the governor, that numbers of the militia of this state, composing a part of the northwestern army, now in the service of the United States, are destitute of necessary clothing and blankets, and from their remote situation from any place where supplies of those articles can be procured, they are excluded from the possibility of furnishing themselves with such articles: and, whereas, it appears to this general assembly difficult for the government of the United States to furnish the necessary supplies as soon as the exigency of the case and the public service require: and whereas, it is deemed by this general assembly a duty incumbent on the state legislatures, to aid the general government in prosecuting the present just and necessary war: Therefore, 1. Be it enacted, &c. That a sum not exceeding four thousand dollars be, and the same is hereby appropriated, to be paid out of any moneys in the treasury of this state (not otherwise appropriated) on the order of the governor, for the purpose of purchasing blankets and transporting them to the ple of those settlements do not know under whose jurisdiction and government they live, the governor of the Michigan territory having appointed magistrates and exercised authority in those settlements; and the president of the United States having appointed a collector to reside at the said Rapids, and describing the place as in the state of Ohio, within the limits of which it is believed those settlements are, and many future serious inconveniencies being apprehended from the uncertainty of those boundary lines: Therefore, Resolved, That our senators and representative in the congress of the United States be requested to use their exertions to procure a law to be passed by congress, providing for running and designating the northern and western boundary lines of this state, and to take such other measures as they shall find necessary to accomplish the abovementioned object. And be it further resolved, That the governor of this state be requested to forward a copy of this resolution to our senators and representative in congress. [Passed, December 21, 1811.] 4. Resolution requesting our representation in congress to procure a loan of arms for this state. 5. Resolution of the general assembly of the state of Ohio, relating to the foreign affairs of 'the United States. 6. Resolution relating to the disposal of the four pieces of artillery, loaned to this state. 7. Resolution on the late conflagration in Richmond, Virginia. 8. Resolution that the expense of a canal from Hudson's river to the Great Lakes, ought to be provided for by congress. Whereas the commissioners appointed under the first section of the act of the legislature of the state of New York, passed the eighth day of April, one thousand eight hundred and eleven, entitled 'an act to provide for the improvement of the internal navigation of the state,' have, in pursuance of the provisions of said act, applied in behalf of said state to the legislature of this state for their aid and cooperation in carrying into effect the object contemplated in said act, and have particularly solicited the influence of this state in the public councils of our country for that purpose; being fully impressed with a sense of the importance of the object, as well as with the respectful attention due to our sister states: Therefore, Resolved, That they consider the communication by means of a canal navigation between the Great Lakes and Hudson's river as a project of national concern, that the accomplishment of such a project, free from a transit duty, would have the most extensive and beneficial effects, by facilitating the intercourse between remote parts of the United States, diminishing the expense of transportation, thereby rendering the produce of our country more valuable, the price of foreign commodities cheaper, and that its tendency would be to encourage agriculture, manufactures, internal commerce, and to strengthen the bond of union between the states. Resolved, As the sense of this general assembly, that it would be expedient for the expense of said canal to be provided for by the United States in such manner as they shall think proper, and that the same be free from toll or transit duty, for the transportation of produce, manufactures, or merchandize thereon. Resolved, That the governor of this state be requested to transmit copies of this resolution 40 the president of the United States, the president of the senate, the speaker of the house of representatives of congress, the governor of the state of New York, and to our representative and each of our senators in congress. [Passed, January 17, 1812.j different detachments of Ohio militia, now in the actual service of the United States, in such proportions as he may deem proper. 2. That the blankets thus to be purchased, shall, under the direction of Blankets to be the governor, be immediately transported to such detachments of said militia transmitted by as he may think necessitous, requiring the respective quarter-masters of such order of the detachments to distribute them amongst the noncommissioned officers and governor. privates in such manner as the commanding officer thereof may direct. ditions of said receipt; re 3. That the respective quarter-masters aforesaid, shall, when distribu- Quarter-masting said blankets, take from each noncommissioned officer and private recei- ters to take reving the same, a receipt therefor in favor of the treasurer of this state, stating ceipts for the value or price thereof, conditioned that the amount of such receipt be blankets; constopped out of the pay then due, or that may thereafter become due from the United States to such noncommissioned officer or private receiving such ceipts to be deblanket, by the proper paymaster of the detachment to which he may belong. livered by the And it shall be the duty of the quarter-masters of the detachments aforesaid, quarter-masters to deliver to the paymasters of such detachments the receipts aforesaid, to the paymastaking from them a receipt therefor and transmit the same to the treasurer of ters. state. 4. That it shall be the duty of the paymasters of the detachments Paymasters to aforesaid, when paying the noncommissioned officers and privates, who shall retain the price have receipted for said blankets, in the manner by this act prescribed, to of the blankets retain out of any moneys due them from the United States, the amount out of the pay. thereof, and transmit or pay to the treasurer of this state, the different sums thus retained without unnecessary delay. 5. That the treasurer of this state be, and he is hereby authorized and Treasurer's durequired in his name, for and in behalf of this state, to commence and pro- ty to comsecute suits to final judgment in any court having competent jurisdiction mence suit on failure of pay 9. Resolution appointing trustees of the Ohio University. 10. Resolution for the appointment of a committee to lay down the plan on which the state house and penitentiary shall be erected. Resolved, That a committee of three members be appointed by the senate, to act jointly with such committee as may be appointed by the house of representatives, to agree upon and lay down the plan on which the state house and penitentiary shall be erected, and to point out the materials whereof they shall be built, and make a report of their proceedings to the house of representatives. [Passed, February 18, 1812.] 11. Resolution laying down and agreeing to a plan on which the statehouse and penitentiary shall be erected. Resolved, &c. That the director, after selecting the squares and sites whereon the state house and penitentiary shall be built, shall proceed to lay down the size and dimensions of the said buildings as follows, viz: The state house to be seventy-five feet by fifty, to be built of brick, on a stone foundation, the proportions of which shall be regulated by said director, according to the most approved models of modern architecture, so as to combine as far as possible, elegance, convenience, strength and durability. The Penitentiary to be sixty feet by thirty, to be built of brick on a stone foundation, with stone walls projecting in a line with the front fifty feet on each end so as to form a front of one hundred and sixty feet, and to extend back from the front one hundred feet, forming an area of one hundred and sixty by one hundred feet. The walls to be fifteen feet high. The proportion of the penitentiary shall be regulated by the director, according to the best models which he can obtain from those states where theory has been tested by experience, and the said director shall make a report of his proceedings in the premises, with a plan of said buildings to the next legislature within ten days after the commencement of the session. [Passed, February 20, 1812.] 12. Resolution appointing commissioners to fix the seat of justice in Medina county. 13. Resolution supplementary to a resolution appointing road commissioners. 14. Resolution for the distribution of the laws and journals. 15. Resolution appointing a director agreeably to the act entitled 'an act fixing and establishing the permanent and temporary seats of government. ' * 16. Resolution for the removal of the state papers, &c. to Chillicothe. 17. Resolution requesting the governor to issue a proclamation recommending days of public thanksgiving and public fasting. 18. Resolution giving a name to the permanent seat of government. Resolved, That the town to be laid out at the Highbank, on the east side of the Scioto river opposite the town of Franklinton, for the permanent seat of government of this state, shall be known and distinguished by the name of COLUMBUS. [Passed, February 21, 1812.] 19. Resolution directing the auditor to bring suits, on behalf of this state, against certain district collectors. 20. Resolution appointing certain road commissioners. * Sec O. L. c. 273. ment. Obsolete. Other necessary articles of clothing to be substituted if blankets can thereof, against the aforesaid paymasters, or either of them, in case they CHAP. CCLXXXVII.-An act to amend the act, entitled an act to provide blankets for the Be it enacted, &c. That in case a sufficient number of blankets cannot be procured to supply the necessities of the militia of this state, now in the service of the United States, the governor of this state be and he is hereby authorized to purchase, or cause to be purchased such other articles of not be had; how clothing as shall, in his opinion, be most beneficial for the use of said militia, transported and to be paid for out of the money appropriated by the act to which this act is an amendment; and to be transported, delivered, distributed and receipted for in the same manner and upon the same conditions as is in said act designated, in relation to said blankets. [Passed, December 24, 1812.] CHAP. CCLXXXVIII.-An act supplementary to an act directing the mode of proceeding in chancery. * distributed. Repealed, January 22, 1824, O. L. c. 578, 68. See also, O. L. c. 478, 554. In case of the absence of plaintiffs the court may di rect how notice shall be given; courts may appoint a master in chan cery. Power and duty of courts where lands lie in several 1. Be it enacted, &c. That in all cases of proceedings in chancery, where all the defendants are absent, or reside out of this state, it shall be competent for the courts of this state, having proper jurisdiction in the case according to the law and usages of courts of chancery, to direct any mode of giving notice to such absent defendant or defendants, as may be consistent with the usages and practice of courts of chancery. And it shall be competent for each of the courts, having chancery jurisdiction within this state, to appoint a master-commissioner in chancery, whose duty it shall be, under the order and direction of the court, to take down testimony in writing, either in or out of court, and to do all such other matters and things of a ministerial nature, as are usually done and performed by master-commissioners in chancery, according to the usages and customs of chancery courts. 2. That in all cases of bills in chancery, touching the equitable title to real estate, if such land lie in different counties in this state, it shall be competent for the court having jurisdiction of such cause, by reason that a part of such land lies in the county in which such court may be holden, in rendering a decree in the premises, to include in the provisions, orders or regulaviso as to retions of such decree, as well the lands lying in other counties as those lying cording decree; in the county in which such court may be holden: Provided, always, That process may issuch decree, as to so much thereof as relates to the equitable title to lands out sue directed to the sheriff of of such county, shall have no operation against bona fide purchasers, until any county in after such decree shall have been recorded in the office of the recorder of deeds for the county in which such lands may be situated. And it shall be competent for all plaintiffs having received [recovered] judgment in this state, either at law or in chancery, and who are authorized thereon, to sue out process of execution, to take out the same directed to the sheriff of any county in this state as formerly, or at the election of such plaintiff to institute his action upon such judgment, in any county within this state. [Passed, December 24, 1812.] counties; pro this state. § 12. The state divided into sev tricts; seven Repealed, January 28, 1817, 1. Be it enacted, &c. That this state be, and is hereby divided into O. L. c. 416, seven medical districts, as follows, to wit: the first district shall consist of the counties of Hamilton, Clermont, Warren, Butler and Clinton, and any future subdivisions thereof; the second district shall consist of the counties of en medical dis- Highland, Adams, Fayette, Scioto, Ross, Pickaway, Franklin and Madison, and any future subdivisions thereof; the third district shall consist of the medical cen- counties of Fairfield, Gallia, Athens and Washington, and all further [future] sors to be ap- subdivisions thereof; the fourth district shall consist of the counties of Muspointed in each kingum, Tuscarawas, Licking, Knox, Richland, Wayne, Coshocton, Guernsey and Delaware, and all future subdivisions thereof; the fifth district shall consist of the counties of Belmont, Jefferson, Columbiana and Stark, and all future subdivisions thereof; the sixth district shall consist of the counties of Trumbull, Ashtabula, Geauga, Portage, Cuyahoga, Medina and Huron, and any future subdivisions thereof; and the seventh district shall consist of the counties of Montgomery, Preble, Miami, Dark, Green and Champaign, and CHAP. CCLXXXIX.-An act regulating the practice of physic and surgery.† district. *See O. L. c. 231, +See O. L. c. 249. |