Repealed, February 18, 1831; O. L. c. 820, 52. Vacancy in the office of representative in congress, how filled. Duty of sheriffs on receiving a writ of election; what notice to be given; returns to be made to the county clerk. Sheriffs to transmit the abstract of votes to the money now in the treasury, or that may be received therein, on account of loans or taxes, and not otherwise appropriated, for the purpose of carrying into effect the provisions of this act. [Passed, December 20, 1813.] CHAP. CCCVIII.—An act to provide for holding special elections in certain cases.* 1. Be it enacted, &c. That whenever a vacancy shall happen in the office of representative in congress in any of the congressional districts of the state, from death, resignation, or in any other manner than from the expiration of the term of service, the governor of the state for the time being shall, upon information thereof, issue a writ or writs of election to the sheriff or sheriffs of the several counties composing such election district, directing him or them to hold a special election within such county or counties on a day specified in such writ or writs, for the purpose of filling such vacancy. 2. That the said sheriff or sheriffs, having received said writ or writs of election, shall proceed in the usual manner to give not more than twelve nor less than six days notice of the time of holding said election; and all elections under the provisions of this act shall be held and conducted conformably to, and the returns thereof made to the clerks of the courts of common pleas, in the same manner as is provided by the act, entitled, 'an act to regulate elections.** 3. That the said sheriff or sheriffs shall, within six days after such election, attend at the seat of justice of his or their proper county or counties, and receive from the clerk of the court of common pleas, an abstract of the votes given in such county or counties, and within twenty days from the secretary of day of election shall transmit the same to the office of the secretary of state state within and take his receipt therefor, upon the penalty of five hundred dollars to be twenty days; penalty for neg-recovered before any court having competent jurisdiction thereof in an action lect; how re- of debt; and it shall be the duty of the treasurer of the county for the time being, to sue for and recover the penalty aforesaid, to and for the use of the county. covered. Duty of the secretary of state to open the abstracts; 4. That the secretary of state shall, on the twentieth day from the day of holding said election or sooner, if all the returns shall be received, in the presence of the governor, for the time being, or in his absence, in the presence of the auditor and treasurer, and such of the aforesaid sheriffs as shall governor to is think proper to attend, open the abstracts and canvass the votes, and the person having the greatest number of votes shall be declared duly elected, and the governor shall forthwith transmit to him a certificate of his election as aforesaid. sue certificate to the person elected. Sheriffs, how compensated. 5. That the sheriffs shall be paid from the state treasury for their aforesaid services, at the rate of eight cents for each mile's travel to and from the seat of government, and six dollars for making proclamation of the election. Provision for 6. That the several sheriffs within the third and sixth congressional discompensating tricts, for services rendered and returns made, of special elections held withsheriffs for ser- in said districts, on the twentieth day of April, and the fourth day of May vices already last, shall receive the same compensation as is provided in the preceding sec rendered. Repealed, February 18, 1820; O. L. c. 481, 9. Bonds with security to accompany pro posals for printing and carrying laws, &c. Secretary, &c. to contract for fuel and stationary. tion of this act. [Passed, December 27, 1813.] CHAP. CCCIX.-An act to amend an act, entitled 'an act authorizing the secretary, treasurer and auditor, to contract with a printer or printers, and for the distribution of the laws and journals.'+ 1. Be it enacted, &c. That the secretary, treasurer and auditor, when they give notice that they will receive proposals for printing as is directed in the second section of the act to which this is an amendment; and also, when they shall give notice that they will receive proposals for carrying the laws and journals into the several counties or districts, in this state, agreeably to the third section of the aboverecited act, they shall at the same time give notice that bonds, with good and sufficient security, conditioned for the faithful performance of such contract executed to the treasurer, must in all cases accompany their proposals, and without such bond shall accompany the proposals, the secretary, treasurer and auditor, shall not be bound thereby. 2. That the said secretary, treasurer and auditor shall, sixty days previous to every succeeding session of the general assembly, make and close, on the part of the state of Ohio, a contract or contracts with some person or persons to furnish both houses of the general assembly with firewood or other * See O. L. c. 185. + See O. L. c. 262. fuel and stationary, upon the most advantageous terms that the nature of the case will admit. per urer to commence suit for noncompli ance; auditor to issue bills. 3. That the contractor or contractors for furnishing firewood or other Contractors to fuel and stationary, agreeably to the foregoing section, shall enter into bond give bond and with sufficient security, executed to the treasurer of this state, to the accep- security; treastance of the secretary, treasurer and auditor, conditioned for the faithful formance of the contract or contracts so entered into, and in case of the failure of such contract or contracts, the treasurer is hereby authorized and required to commence and prosecute an action or actions for all such damages as may be sustained by the noncompliance of such contractor, in any court having competent jurisdiction; and when such contract shall have been faithfully complied with on the part of the contractor or contractors to the satisfaction of the secretary, treasurer and auditor, the auditor is hereby authorized to issue bills in favor of such contractor or contractors, payable at the treasury of this state out of any money not otherwise appropriated. [Passed, December 29, 1813.] CHAP. CCCX.--An act for the prevention of gaming.* Repealed, { 1. Be it enacted, &c. That all promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities whatsoever, after the taking 882,1 15. effect of this act, when the whole or any part of the consideration of such Gaming debts promise, agreement, conveyance or security, shall be for money or other valu- made void and able thing whatsoever, won, laid or betted, at cards, dice-tables, tennis-balls, not recoveror any other game or games whatsoever, or at any horse-race, cock-fighting, able. or any other sport or pastime, or on any wager whatsoever, or for the reimbursing or repaying any money lent or advanced at the time of such play, bet or wager, so to be betted or wagered, shall be utterly void, frustrate, and of none effect to all intents and purposes whatsoever, any law, usage or custom, to the contrary notwithstanding. same, may re 2. That if any person or persons whatsover, at any time, by playing at Persons losing any game or games whatsoever, or by betting on the hands or sides of such as money, &c. at do play at any game or games, shall lose to any one or more persons so playing any game, and or betting, any sum of money or other valuable thing, and shall pay or deliver paying the the same or any part thereof; the person or persons so losing and paying or cover the same delivering the same shall be at liberty within six months next following, to in six months; sue for and recover the money or other valuable thing so lost and paid or de- if not sued for livered or any part thereof, from the respective winner or winners thereof, in six months, with cost of suit by action of debt founded on this act; to be prosecuted in any other may any court or before any justice of the peace in this state having jurisdiction sue for and rethereof in which action it shall be sufficient for the plaintiff to allege that cover the the defendant is indebted to the plaintiff or received to the plaintiff's use the money so lost and paid, or converted the goods won of the plaintiff to the defendant's use, whereby the plaintiff's action accrued to him according to the form of this act, without setting forth the special matter; and in case the party so losing such money or other thing as aforesaid, shall not within the time aforesaid, bona fide, without covin or collusion, sue and with effect prosecute for the money or other thing so lost and paid or delivered, it shall and may be lawful to and for any other person or persons by any such action or suit as aforesaid, to sue for and recover the same with costs of suit, against any such winner or winners as aforesaid, to the use of the person or persons suing for the same. same. answer in chan 13. That every person who by virtue of this act, shall or may be liable Persons sued to be sued for moneys or other things so won as aforesaid, shall be compelled compelled to to answer upon oath, such bill or bills in chancery preferred against him or them for discovering the money or things so won at play as aforesaid: Pro- cery; proviso. vided, however, upon discovery and repayment of the money or other things so to be discovered and repaid as aforesaid, the person or persons discovering and repaying the same with cost shall be acquitted, indemnified and discharged from any further or other forfeiture, punishment or penalty which he or they may have incurred by playing for or winning such money or other thing so discovered and repaid. 4. That if from and after the taking effect of this act, any person or Importers of persons whatsoever, shall import or bring into this state any pack or packs of cards how pun * See O, L. c. 93, 204. ished. Preamble. Penalty for playing or bet ting. Continued. Penalty for cheating or defrauding by playing or gaming. Penalty for keeping bil liard, A. B. C. or E. O. tables. Penalty on persons suffering gaming tables to be kept in their houses. playing cards, every person so offending shall forfeit and pay for every pack of playing cards so imported or brought into this state, not more than twenty nor less than five dollars; and every person in whose possession any pack or packs of playing cards shall or may be found, after the taking effect of this act, shall be taken and considered as an importer within the meaning of this act, unless such person can prove that such pack or packs of playing cards were in his possession previous to the taking effect of this act. 5. And to prevent gaming at ordinaries and other public places, which must often be attended with quarrels, disputes and controversies, the impoverishment of many people and their families, and the ruin of the health and the corruption of the manners of youth, who, upon such occasions often fall in company with lewd, idle and dissolute persons, who use this way of maintaining themselves; be it further enacted, that if any person or persons shall at any time play in any ordinary, tavern, or race-field, or in any booth, arbor or outhouse, connected with any tavern, ordinary or race-field, or at other public place, at any game or games whatsoever, except games of athletic exercise, or shall bet on the hands or sides of such as do play as aforesaid, every person or persons upon conviction thereof, shall forfeit and pay a sum not exceeding seventy nor less than ten dollars, and shall be bound to their good behavior, with sufficient security, in the sum of seventy dollars, for the term of twelve months; and if any person or persons shall give such security, and afterwards, within that time, shall play or bet for any money or other valuable thing whatsoever, such playing or betting shall be deemed a breach of good behavior, and a forfeiture of their cognizance given for the same. 6. That if any person, by playing or betting at any game or wager whatsoever, at any time, shall lose or win to or from another, any sum of money or other article of value, the loser and winner shall each, on conviction, be fined in a sum not less than ten dollars nor more than seventy dollars, and shall moreover be bound to his or her good behavior for one year. 7. That if any person or persons whatsoever do, or shall, at any time or times, by fraud, shift, cozenage, circumvention, deceit, unlawful device, or evil practice whatsoever, in playing at or with cards, dice or any other game or games, or in, or by bearing a share or part in the stakes, or wagers or adventures, or in, or by betting on the sides or hands of such as do or shall play, win, obtain or acquire to themselves any sum or sums of money or other valuable thing or things whatsoever, every person so winning by such ill practice, and being thereof convicted, upon indictment, shall be fined not less than fifty dollars, nor more than five hundred dollars, and shall moreover be bound to his good behavior in such sum and with such security as the court may approve, for the term of one year, 8. That all and every keeper or keepers, exhibitor or exhibitors of either of the gaming tables, commonly called A, B. C. or E. O. tables, billiard tables or farro bank, or any other gaming table or bank of the same or like kind, under any denomination whatsoever, shall, on conviction thereof, be fined in a sum not less than fifty dollars nor more than two hundred dollars for every such offence, and shall moreover find security for his or their good behavior for the term of one year, in the sum of five hundred dollars; and if he or they shall afterwards, within that time, keep or exhibit either of the said gaming tables or banks, or other gaming tables or banks, under any denomination whatsoever, or shall play at any game or games prohibited by this act, such keeping, exhibiting or playing shall be deemed a breach of good behavior, and a forfeiture of the recognizance given for the same. 9. That if any person or persons shall suffer the game of billiards or any of the games commonly called A. B. C., E. O. or farro bank, or any other gaming table or bank of the like kind, under any denomination whatsoever, to be played in his or her house, or in any outhouse, booth or arbor of which he or she at the time, has the care or possession; every person or persons so offending shall, on conviction, forfeit and pay a sum not less than fifty dollars, nor more than two hundred dollars. Penalty on tav- 10. That if any keeper or keepers of a tavern, ordinary, or any other ern keepers for house of public resort, shall suffer any game or games prohibited by this act suffering gam- to be played at or within such tavern, ordinary or other house of public resort, ing tables on or in any outhouse appendant thereto, every such keeper or keepers shall, on their premises. conviction, forfeit and pay a sum not less than fifty dollars nor more than two hundred dollars; and if any licensed tavern-keeper shall be convicted of suffering such gaming in his or her house, he or she, in addition to the penalty hereby imposed shall, moreover, forfeit his or her license for keeping such tavern, and shall not be relicensed, as a tavern-keeper, for one year from the date of such conviction. 11. That all fines and forfeitures imposed by this act, shall be recovera- In what manble by indictment in any court of common pleas, within this state, or before a ner fines to be justice of the peace where the fine cannot exceed the sum of seventy dollars; recovered; probut any person considering himself or herself aggrieved by the judgment of viso as to apany such justice convicting such person of any of the offences mentioned in peals; proceedthis act, may appeal to the next court of common pleas to be holden for the ings thereon. county wherein such conviction may happen: Provided, the person or persons so appealing, shall, within ten days after such conviction, enter into recognizance before such justice in the sum of one hundred dollars with one or more sufficient securities in a like sum, conditioned that the defendant will make his personal appearance before the court of common pleas, to which such appeal is taken, on the first day of the next succeeding term thereof, and not depart from said court without the leave thereof: and as soon as such recognizance shall have been entered into, such justice shall cause to come before him all the material witnesses, on the part of the state, who shall, severally, be recognized in the sum of fifty dollars each, conditioned, that they appear before the court to which such appeal is taken, on the first day of the succeeding term thereof, and not depart from such court without the leave thereof; and on such appeal, such other and further proceedings shall be had by indictment and trial of such offender, as in other cases. 12. That no indictment for any of the offences mentioned in this act Indictment not shall be quashed, or judgment thereon arrested for any supposed defect or to be quashed want of form: Provided, sufficient be set out therein to enable the court to for informality; render judgment thereon, according to the very right and justice of the case. proviso. 13. That this act shall be so construed, in all courts of justice, as to Explanation. advance the remedies hereby provided, and to suppress the mischiefs hereby prohibited. 14. That the presiding judge, in all the courts of common pleas, within This act to be this state, shall constantly give this act in charge to the grand juries of their given in charge courts, at the time such grand juries shall be sworn. to grand jury. 15. That all fines and forfeitures imposed by the authority of this act, Disposition of shall be collected and paid over as other fines are, to the treasurer of the fines. proper county, within twenty days after the collection thereof, to be applied to county purposes. 16. That all acts and parts of acts coming within the purview of this O. L. c. 93, act, shall be and the same are hereby repealed: Provided, That nothing in 204, 297, rethis act contained shall be so construed as to repeal any acts or parts of acts pealed in part. relating to offences committed or done before the commencement of this act. 17. That this act shall commence and be in force from and after the first When to take effect. day of June next. [Passed, January 4, 1814.] CHAP. CCCXI.—An act to perpetuate evidence of the original field notes of the Miami Obsolete; but purchase. * Whereas it has been represented to this legislature that the original field notes of the survey of the tract of land commonly called the Miami purchase, situate between the two Miami rivers, have been accidentally destroyed by fire, and that great inconveniencies have arisen and are likely to arise in consequence thereof; and also, that there are correct copies of the said field notes now in the possession of sundry persons residing on or near the said lands, which copies are in a perishable condition: therefore, for the purpose of perpetuating the evidence of the said field notes, and for removing the inconveniencies aforesaid, see O. L. c. 330. Preamble. Three commissioners named; to collect and 1. Be it enacted, &c. That John R. Gaston of the county of Hamilton, James Heaton of the county of Butler, and William C. Schenck of the county of Warren, be, and they are hereby appointed commissioners for the purpose of collecting and perpetuating evidence of the original survey made under the perpetuate evdirection of John Cleves Symmes, by authority of the government of the United ginal survey of States, of the tract of land commonly called the Miami purchase, being the same tract of land that was conveyed by the United States to John Cleves chase, idence of ori Miami pur See O. L. c. 246. First meeting of commissioners on the first Monday in March, 1814; may send for persons and papers; to make record of field notes in a book, and certify the same which shall be recorded; recorder's compensation. Certified copies Symmes and his associates, by letters patent, bearing date on or about the fourth day of September, in the year of our Lord one thousand seven hundred and ninety-four. 2. That the said commissioners, or any two of them, shall hold their first meeting at the town of Cincinnati, in the county of Hamilton, on the first Monday of March next, and to adjourn from time to time, and to such place or places as they may judge most convenient; public notice of which first meeting shall be given by said commissioners in at least three newspapers printed in said purchase, at least twenty days previous to said meeting. And the said commissioners when met, shall have power and authority to send for persons and papers, and to collect all the copies within their knowledge of the field notes of the original survey of the Miami purchase, made under the direction of John Cleves Symmes as aforesaid, and to examine witnesses on oath or affirmation, which they or either of them are hereby authorized to administer, touching the validity and correctness of said copies; and so far as the said commissioners shall obtain satisfactory proof that the copies received by them are true and correct copies from the original field notes of the said original or first survey, they shall cause them to be entered in a book to be provided for that purpose, and shall annex thereto their certificate that they have been received and adjudged by them to be genuine copies of the original field notes of the said original or first survey; and it shall be the duty of the commissioners to cause the said copies to be recorded in the records of deeds of the county in which the lands to which the said copies relate may respectively lie; and it is hereby made the duty of the recorder to receive and record the same, and forthwith to return the said book to the commissioners, for which services they shall be allowed such fees as the said commissioners may deem just and reasonable, to be paid by the treasurer of their respective counties on the order of the said commissioners. 3. That certified copies of the records so made as aforesaid, shall be legal evidence, admitted as legal evidence in all courts of judicature in this state, in all cases where the original field notes aforesaid would be legal evidence. Commissioners to take and subscribe an oath; to be allowed two dollars per day. Witnesses, how compensated. Repealed February 26, 1816; O. L. c. 390, 13: see also further time. 4. That the said commissioners, before they enter on the duties of their office, shall take and subscribe an oath or affirmation, faithfully to discharge the duties by this act reposed in them according to the best of their skill and judgment; a copy of which oath or affirmation shall be entered in the book hereinbefore mentioned, by the person administering the same; and each of the said commissioners shall be allowed the sum of two dollars per day for each and every day he may be employed in discharging the duties imposed by this act, to be paid out of the treasuries of the counties of Hamilton, Butler and Warren, in proportion to the quantity of Symmes' purchase contained in each of the aforesaid counties respectively. 5. That the commissioners aforesaid shall allow to any person or persons who may, under the provisions of this act, furnish them with true and genuine copies of the original field notes as aforesaid, such compensation as they may deem reasonable, to be paid from the county treasury of the proper county; and where any person is called upon to give evidence before said commissioners at the request of a party interested, such witness shall receive the same compensation as is allowed to witnesses testifying in the courts of this state, to be paid by the person or persons at whose request he is called. [Passed, January 5, 1814.] CHAP, CCCXII.—An act to amend an act entitled an act to amend the act entitled an act directing in what manner certain lands granted by congress for the use of schools in the Virginia military tract,' shall be surveyed and disposed of.* 1. Be it enacted, &c. That any person or persons who have heretofore O. L. c. 351. purchased any tract or tracts of the Virginia military school lands aforesaid, Purchasers or and who have not improved the same, agreeably to the provisions of the third lessees allowed section of the act to which this is an amendment, in case such person or persons have actually settled or built a cabin, or cleared one acre of ground on any quarter-section so purchased or leased, he, she, or they shall be allowed the further time of one year from and after the first day of April next, to complete their several improvements, as required by the said third section of the aboverecited act. *See O. L. c. 184, 240, 241, 306. |