any future subdivisions thereof each district, as aforesaid, to contain seven medical censors or examiners, to be appointed by the general assembly of the state of Ohio, who shall hold their appointments during good behavior, and until their successors are elected and qualified. 2. That the following named persons be, and they are hereby appointed, Names of medmedical censors or examiners, and are duly constituted a medical board, for ical censors. the purpose of examining candidates for the practice of physic and surgery, in the manner hereafter specified, in the several districts to which their names are attached, namely: in the first district, John Sellman, Daniel Drake, of First district. Hamilton county; Daniel Millikan, Charles Este, of Butler county; Joseph Canby, Jeptha F. Moore, of Warren county; and Levi Rodgers, of Cler Fourth district. Fifth district. mont county; in the second district, Samuel Pierson, of Franklin county; Second district. Joseph D. Keith and Alexander Campbell of Adams county; John Boyd, of Highland county; Daniel Turney, of Pickaway county; and Joseph Scott and John Edmiston, of Ross county; in the third district, Leonard Jewett, Third district. Eliphaz Perkins, of Athens county; John B. Reigner, Samuel P. Hildreth, of Washington county; Jonas Safford, Matthew Buel, of Gallia county; and James Wilson, of Fairfield county; in the fourth district, John Hamm, of Muskingum county; Reuben Lamb, of Delaware county; Noah Harris, of Licking county; Timothy Burr, of Knox county; Joseph Gray, of Tuscarawas county; Samuel Lee, of Coshocton county; and Samuel Perry, of Guernsey county; in the fifth district, George Wilson, Thomas Campbell, of Jefferson county; Joseph Springer, Horace Potter, of Columbiana county; Henry H. Evans, Carolus Judkins, of Belmont county; and Thomas Hartford, of Stark county; in the sixth district, Jeremiah Wilcox, John W. Seeley, of Trumbull county; Joseph Clark, of Geauga county; Joseph De Wolf, Amos C. Wright, of Portage county; David Long, of Cuyahoga county; and Orestes K. Hawley, of Ashtabula county; in the seventh district, James Seventh disDavidson, Richard Hunt, of Champaign county; James Welch, John Steele, trict. of Montgomery county; doctor Coleman, of Miami county; Walter Buel, of Preble county; and Andrew Davidson, of Green county. And each of the Each censor to censors or examiners, shall, before he enters on the duties assigned to him by take an oath. this act, take an oath or affirmation, before some person legally authorized to administer oaths, faithfully and impartially to discharge his duty as a censor or examiner, agreeably to the true intent and meaning of this act, a record of which shall be made by the secretaries of the different boards. Sixth district. 3. That when any person is desirous of exercising the profession of a License to be physician or surgeon, within the limits of this state, he shall first obtain a granted to aplicense for that purpose from some one of the medical boards above mentioned. plicants. 4. That in the case of the death, resignation, refusal or removal of any Vacancies how censor or censors, the board of censors, at their next meeting, shall fill such filled. vacancy. 5. That no person shall receive a license to practise, in either of the Qualifications above branches, who is not a person of good moral character, and who shall of persons who not give such satisfactory answers to such questions as may be put to him by may be lithe censors or examiners, in anatomy, surgery, materia medica, chemistry and the theory and practice of physic, as may, in their opinion, qualify him to practise as aforesaid. censed. how recovered. 6. That if any male person, who shall not be, at the time this act shall Penalty for take effect, a resident of this state, and a regular practitioner of physic or practising withsurgery, shall act in the capacity of a physician or surgeon for a livelihood, out license; without license as required by this act, or without having obtained a license or diploma from some other medical society in the United States, the person or persons so offending, shall forfeit and pay a sum of not more than seventy nor less than five dollars, for every such offence, one half to the person or persons who shall sue for the same, and the other half to the use of the medical board, of that district in which the offence was committed, to be recovered before any justice of the peace, in the county in which such person or persons may reside: Provided, That nothing in this act shall be so construed as to affect any physician or surgeon now in practice. 7. That every license granted for the purposes above mentioned, shall Form of libe either printed or written on parchment or paper, in words and form as cense. followeth : district, have examined agreeably to in the county of and state of and do find him duly qualified for the practice of medicine: we, therefore, by the authority in us vested, do license him to practise physic and surgery within the bounds of this state. In testimony whereof, we have subscribed our names and affixed the seal of office. Done at this day of in the year of our Lord one thousand eight hundred and Censor's. Medical boards to meet annually and where. Three censors to form a quorum; compen sation for granting li cense. Each board to 8. That the medical boards in the several districts, shall meet on the first Monday in April, and on the first Monday in November, in every year, for the purpose of granting licenses as aforesaid, at the following places, to wit: for the first district at Cincinnati; for the second district at Chillicothe; for the third district, at Athens; for the fourth district at Newark; for the fifth district at Steubenville; for the sixth district at Warren, and for the seventh district at Dayton; and any one of the censors shall have power, in the interim, to grant permits to emigrant physicians, to practise until the next regular meeting of the board shall take place. 9. That any three of the censors, met as aforesaid, may proceed to discharge the duties enjoined on them by this act; and for every license so granted, they shall receive from each applicant five dollars for the purpose of defraying the expenses of their office, and the purchase of seal and stationary, and shall publish immediately after each meeting, in some public paper, in the district, the name of every person so licensed. 10. That each board of censors shall keep a seal, appoint a secretary, keep and ap from within their own body, whose duty it shall be to record all their official point a secreta- proceedings, and grant certified copies thereof, under the seal of the board, on ry; duty of the application of any person requesting the same, which copy shall be received secretary. as evidence in any court within this state. Each board to communicate § 11. That it shall be the duty of the medical boards, as aforesaid, to communicate at their respective meetings, such facts, observations, discoveries important ob- and speculations in medicine, and the auxiliary branches of science and liteservations, &c. rature as they may be able; those parts of which that may be deemed proper, shall be published by the several boards. President, &c. to be elected. O. L. c. 268, Repealed January 2, 1824, O. L. c. 630, 6. In what cases property may be replevied. Manner of obtaining a writ of replevin; 12. That each board formed and convened as aforesaid, shall have authority to elect, by ballot, a president, secretary and treasurer, and such other officers as may be deemed necessary, who shall hold their offices during one year, and until their successors are elected and qualified. 13. That the act, entitled an act to incorporate a medical society,' passed February 8th, 1812, be and the same is hereby repealed: [Passed, January 14, 1813.] CHAP. CCXC.--An act allowing and regulating writs of replevin. ¿ 1. Be it enacted, &c. That every person shall have right to replevy his goods or chattels, which shall be unlawfully taken from his possession, and detained, (or which shall be distrained, attached or seized, unless it be upon execution after judgment or in payment of taxes, fines or amercements) in the manner herein provided. 2. That if any person shall wrongfully take the goods or chattels of another from his possession, and detain the same, the owner thereof may, by himself or his agent or attorney, file a precipe with the clerk of the court of writ improperly common pleas for a writ of replevin, which precipe shall contain a description issued to be of the property to be replevied, and shall also file, therewith, an affidavit stating quashed at the that the goods and chattels, described in such precipe, were taken from his possession, and are now wrongfully detained by the defendant, and that he has good right to the possession thereof, and that said goods and chattels were not taken in execution, nor for the paymentt of any tax, fine or amercement; and any writ of replevin, issued without such affidavit, shall be quashed at the cost of the clerk. cost of the clerk who issued the same; and such clerk, as well as the plaintiff or plaintiffs, shall, moreover, be liable in damages to the party aggrieved. 3. That upon filing such precipe and affidavit, the clerk shall issue a Form of writ writ of replevin, directed to the sheriff or coroner of the same county, com- of replevin; manding him to cause to be replevied, to A. B. the plaintiff, the same goods duty of officer or chattels named in such precipe and affidavit, and to summon the person who in executing took them to appear at the next court of common pleas, to be held in his said writ of replevin. county, to answer the plaintiff of the taking and unjust detention of the same; and it shall be lawful for the sheriff, or other officer, to break open any house, stable, out-house or other building, in which such property is concealed, to replevy the same, having first made demand of such property, and of entrance into such building, and being refused. 4. That every sheriff or other officer, before he makes deliverance to the Officer to take plaintiff of any goods or chattels, taken by virtue of any writ of replevin, shall bond from take of the plaintiff, in the name and for the benefit of the defendant, a bond plaintiff before with two or more responsible persons of the county, as sureties in treble the he makes deliverance of propvalue of the goods and chattels replevied (which value shall be ascertained erty; condition by the oath of two or more credible disinterested persons, whom the sheriff of said boud; or other officer shall swear truly to assess the value thereof) conditioned that bond to be rethe plaintiff appear at the court to which the writ is returnable, and prosecute turned with the his suit to effect and pay all costs and damages which shall be awarded against writ; proceedhim, which bond the sheriff or other officer shall return with the writ for the ings when security and benefit of the defendant; and if the plaintiff shall neglect or plaintiff fails refuse to cause such bond to be executed, as aforesaid, within twenty-four bond; penalty hours from the taking of such goods or chattels, by virtue of such writ, the sheriff or other officer shall return such goods or chattels to the defendant; neglect of duty. and if any sheriff or other officer shall deliver any property, taken by writ of replevin, to the plaintiff, or detain the same from the defendant without taking such security, or shall take insufficient security, he shall be liable in damages to the defendant. to execute a on officers for 5. That on the return of every writ of replevin, the suit shall be subject Proceedings on to the same usages and rules of practice as in other cases; and if the plaintiff the return of become nonsuit, or on trial the jury find the defendant not guilty of unlawfully the writ. taking the goods or chattels from the possession of the plaintiff, or find that such goods and chattels belonged to the defendant, the value of such goods and chattels shall be ascertained by the jury, and the court shall render judgment Duty of court for the defendant, for the value so found, with fifty per cent. damages, and interest from the time of their being replevied; but if the jury find that the defendant did unlawfully take and detain such goods and chattels, and that they were the property of the plaintiff, they shall assess adequate damages for such detention. in rendering judgment. 6. That in case any goods or chattels shall be taken in attachment, the Goods taken in defendant in such attachment may have the same replevied to him upon making attachment affidavit, as aforesaid, agreeable to the circumstances of the case, and giving may be replevbond, with sufficient surety, to the officer from whom the same shall be ied. replevied, in double the value thereof, conditioned to pay to such officer, on demand, the full value of such property in case judgment shall be rendered against him on such attachment. 7. That if any person shall, knowingly, make a false affidavit, for the Persons makpurpose of replevying any goods or chattels not replevisable by the provisions of ing a false affithis act, he shall be liable to be indicted therefor, and upon conviction thereof, davit,how prosshall forfeit and pay the sum of one hundred and fifty dollars, one half to the ecuted. party aggrieved, the other half to the use of the county, where such offence shall have been committed. This act to take effect, and be in force, from and When to take after the first day of June next. [Passed, January 22, 1813.] effect. CHAP. CCXCI.-An act declaring offices vacant in certain cases, and to provide for filling [IN FORCE.] the same. Commissions of judges to be forwarded by the secretary of state, to the 1. Be it enacted, &c. That every commission which may be hereafter issued by the governor, to any judge of the supreme court, president or associate judge of either of the courts of common pleas, shall be transmitted by the secretary of state to the clerk of the court of common pleas, of the county wherein such judge may reside; and it is hereby made the duty of said clerk to receive, clerk of the and forthwith to transmit the same to the person entitled thereto: whereupon, proper county; such person having received such commission, shall take the oath or affirmation duty of clerk 7 VOL. II. on receiving the same; each judge to take an oath and forward a certificate to the clerk in 20 days. In what case an office considered vacant; governor to fill vacancies. Judge removing out of a district, his place to be vacant. Sheriff and coroner and required by the constitution and laws of this state, and transmit a certificate thereof to the same clerk, signed by the officer administering such oath or affirmation, within twenty days after he shall have received such commission; and the county commissioners of the county to which such commission may be forwarded, shall make an allowance to the said clerk for postage and other expenses necessarily incurred in complying with the requisitions of this section, to be paid out of the county treasury in case the person entitled to receive said commission should refuse to accept the same and pay said expense. 2. That in all cases where such certificate may not be transmitted to the clerk within the said twenty days, as is herein above provided, the person entitled to receive such commission shall be deemed to have refused to accept the office mentioned in such commission, and said office shall be considered vacant: whereupon, said clerk shall forthwith thereafter, certify the said matter to the governor, who shall proceed according to law, to fill the said vacancy. § 3. That in case any judge of the supreme court shall remove his residence out of this state, or any president of the court of common pleas out of his county, or any associate judge out of his district, he shall be considered as having resigned and vacated his office: whereupon, such vacancy shall be filled according to law. 4. That every sheriff, coroner, justice of the peace, or other officer, of whom bond or security may be by law required, previous to the performance justice refusing of the duty required of him, who shall neglect or refuse to execute such bond to qualify or or find such security agreeably to, and within the time prescribed by law, and give bond, the in all respects to qualify himself for the performance of his official duties, such office to be va- sheriff, coroner, justice of the peace, or other officer, shall be deemed to have refused to accept his office, and the same shall be considered vacant: whereupon such vacancy, shall be filled as other vacancies are by law to be filled. When to take This act to take effect and be in force from and after the first day of June next. effect. [Passed, January 25, 1813.] cant. Repealed Feb- Repealed, January 17, 1824, O. L. c. 594, 16. Judgment to be rendered for plaintiff after three defaults recorded; proviso that court may appoint auditors. Creditors each to file a declaration de bene CHAP. CCXCII.-An act in addition to the act entitled 'an act providing for the erection of public buildings.' * Be it enacted, &c. That the county commissioners in each county within this state, shall, so soon as the pecuniary circumstances of such county will permit, cause to be erected one or more convenient fire-proof buildings in some convenient place or places, near the courthouse for such county, and within the limits of the jail bounds, in which shall be kept the offices of the clerk of the supreme court, court of common pleas, master-commissioner in chancery, recorder of deeds, and clerk of the county commissioners of such county; and the said commissioners are hereby authorized and required to proceed in the same manner, in planning, contracting for, and causing to be erected such building or buildings, as they are required to proceed by the said act, in causing to be erected other public buildings in said act mentioned. [Passed, January 25, 1813.] CHAP. CCXCIII.--An act to amend the act entitled 'an act allowing and regulating writs of attachment.' + 1. Be it enacted, &c. That when any suit in attachment, under the provisions of this act, or the act to which this is an amendment, shall be commenced in any court in this state, such court shall, on motion of the plaintiff, after the defendant shall have been defaulted at three successive terms of the court, to which such writ of attachment is returnable, as hereinafter mentioned, proceed in such suit in favor of the plaintiff or any other bona fide creditor of the defendant, and who may have applied to the court previous to the third term thereof, next after issuing such writ of attachment, in the same manner it is authorized to proceed in other cases of default: Provided, That the court at the return term of such writ of attachment, or at any subsequent term, during the pendency of the suit, where, in consequence of complicated accounts of the plaintiff, or other creditors applying as aforesaid, it shall be necessary, may appoint three discreet and disinterested persons to audit and adjust such accounts and report thereon, upon which report judgment may be rendered, unless on motion the same shall be set aside. 2. That every plaintiff, in attachment, and also every bona fide creditor of the defendant applying as aforesaid, shall file a sufficient declaration or declarations, de bene esse, setting forth in a proper manner the cause or causes See O. L. c. 210. + See O. L. c. 225, 271. of action which such plaintiff or creditor may have against such defendant; esse; defendand the defendant himself, or any one for him, may appear either before said ant may resist; court or auditors or jury, and introduce evidence, or otherwise resist the claim may also apor demand of the plaintiff or other creditor, as aforesaid, as in other cases of de, peal. fault, and shall have the same right to appeal or move in arrest of judgment, or move to set aside the proceeding for any alleged irregularity therein. file special bail 3. That at the return term of the court to which such writ of attachment Defendant to may be returnable, and at the two next succeeding terms thereof, the plaintiff be three times shall cause the defendant or defendants in attachment, to be three times called called each and defaulted, and each default entered on the minute book of the court, and term, and deno final judgment shall in any case be rendered against such defendant or de- fault minuted; fendants, until he or they shall have been called and defaulted as aforesaid: proviso that defendant may Provided nevertheless, That it shall be competent for such defendant or defendants in attachment, at either of said three terms, or at any time before and plead, or the finding of a verdict, or the examination and adjustment of auditors, or the plead in custom hearing and examination of the judges in the premises, to file special bail and dy; proviso, in plead, or to plead in custody to any or all the declarations which may have case defendant been filed, de bene esse, against him, her or them; and from the time of filing elect that such special bail, or pleading in custody, the operation of such attachment property atshall cease to all intents and purposes in respect to the plaintiff or plaintiffs, tached remain, whose declaration or declarations may have been pleaded to as aforesaid: Pro- in custody. vided, also, That if any defendant or defendants in attachment, shall elect to have the property attached remain in custody, such defendant or defendants may, within the time before specified, plead to such declaration or declarations as may have been filed against him, her or them, as aforesaid, without enter. ing special bail, or pleading in custody. tors; power of auditors may be restricted; report of audi-. 4. That the several powers granted, and duties enjoined by the act to Court may exwhich this is an amendment, upon the auditors, (by the said act directed in ercise the powall cases to be appointed) may severally be exercised by the court, in which ers of audiany suit hereafter instituted under the provisions of said act or of this act may be pending, or by the proper ministerial officer or officers thereof, if such court do not deem it proper to appoint such auditors; or if such court shall deem it most consonant to the principles of justice, and to the rights of an absent par ty, such court may, by its order or orders entered of record, restrict the auditors to the exercise of such power only as may seem to them proper; and in all cases, the report of auditors shall be subject to be rejected and set aside on motion and good cause shown; and the said auditors shall be subject to be displaced by the court, and others appointed in their stead, and proper instructions may at any time, on motion, be given them by the court as to any point of law touching the premises. tors may be set aside on mo tion. 5. That in all cases of summary trial of the right of property attached, Proceeding beunder the provisions of the seventh section of the act to which this is an amend- fore justices of ment, or of the fifth section of the act entitled' an act regulating and allowing the peace on writs of attachment before justices of the peace,' where the triers shall find attachment how regulated. the property of right to belong to the claimant or claimants, the cost of such trial shall be taxed by the court or justice of the peace, as the case may be,. and paid by the plaintiff or plaintiffs in attachment. 6. That no writ of attachment issued under the provisions of the act to In what cases. which this is an amendment shall be sustained, nor shall any declaration be writ of attach filed in any such suit, except for cases arising out of, founded upon, or sounding in ment may iscontract, any former construction of said act to the contrary notwithstanding. sue. 7. That the eighth, fourteenth, twenty-first, twenty-third, and twenty O. L. c. 225, fourth sections of the act to which this is an amendment, and all laws and parts repealed in of laws coming within the purview of this act, be, and they are hereby repeal- part. ed. This act to take effect and be in force from and after the first day of May next. [Passed, January 28, 1813.] CHAP. CCXCIV.-An act ascertaining the duties of the director of the town of Columbus. Obsolete; see 1. Be it enacted, &c. That the director appointed by the legislature, O. L. c. 319, shall, within thirty days after his appointment, enter into a bond, with suffi- and acts refercient security, payable to the treasurer of this state, in the penal sum of four thousand dollars, and take and subscribe an oath, faithfully to discharge the duties enjoined on him by law, and shall hold his office to the end of the session of the next legislature: Provided, That in case the office of director thirty days af red to. Director to give bond and take an oath in See O. L. c. 273, and acts referred to, |