annually. 2. That the register appointed agreeably to the act directing in what Register formanner certain lands granted by congress for the use of schools in the Virginia merly appointed to report military tract shall be surveyed and disposed of, shall annually hereafter, report to the general assembly, within twenty days from the commencement of each session, the quantity of lands sold, designating each tract by its number and quantity of acres, together with the names of the purchaser or purchasers, and also, any forfeiture or forfeitures that may or have from time to time accrued thereon. 3. That the register shall make out and transmit to the next general Register to assembly, a plat of the whole lands granted as before mentioned, designating transmit a plat the same by the number of range, township, section, and quarter section. of school land. [Passed, January 15, 1814.] CHAP, CCCXIII.-An act to provide for the appointment of a paymaster-general of militia Obsolete. of the state of Ohio.* 1. Be it enacted, &c. That a paymaster-general of the militia of the Paymasterstate of Ohio, shall be appointed by joint ballot of both houses, to be commis- general, how sioned by the governor, with the rank of major, who shall continue in office appointed and for the term of two years from the time of his election, and until a successor commissioned. shall be chosen and qualified. er and duty. 2. That such paymaster-general, before he enters upon the duties of his To take an office, shall take an oath or affirmation to support the constitution of the United oath and give States and the state Ohio, and that he will faithfully discharge the duties bond; his powof his said office, and shall moreover enter into bond, payable to the treasurer of the state, for the time being, and his successors in office for the use of the state, with at least two sufficient securities, in the penal sum of twenty thousand dollars, which bond shall be conditioned that such paymaster shall well, truly and faithfully pay over all moneys that he may from time to time receive from the state of Ohio, to the person or persons entitled to receive the same, and to account therefor whenever thereunto required, agreeable to the laws and instructions that may be formed for his government, for which he shall be entitled to receive two per cent. on all moneys so passing through his hands as a full compensation for such services. 3. That when the paymaster-general shall be required by the United Duties in reStates to receive and pay over any moneys that may be due to the militia of quisition by the state of Ohio, he shall be bound to perform the duties thereof in such man- the United ner, and according to instructions that may be furnished him by the war States. department; and for the faithful performance of such duties, he shall enter into bond with security, in manner and form that may be required of him by the secretary of war, and for which services so rendered, he shall receive such compensation as may be allowed him by the United States. 4. That whenever it shall be made to appear to the satisfaction of the How punished governor, that the paymaster-general has neglected the duties of his office, or for neglect. misapplied the funds placed in his hands by virtue of the provisions of this act, the governor may, and he is hereby required to place such paymastergeneral under arrest, and forthwith order a court-martial for his trial, which shall be conducted agreeably to the rules and articles of war; and if it shall be made to appear to the satisfaction of the court-martial that such paymastergeneral is guilty of the charge or charges exhibited against him, he shall be cashiered; and it shall be, and he is hereby made the duty of the governor, on the death or removal of any paymaster-general to appoint a successor to discharge the duties thereof, until an appointment shall be made by the legisla ture: Provided, That any person appointed by the governor to fill the office of Proviso. paymaster-general shall, before he enters on the duties of his office, take the same oath or affirmation, and give the same bond as is required by the second section of this act. This act to take effect and be in force from and after the When to take passage thereof. [Passed, January 17, 1814.] CHAP. CCCXIV.-An act for the relief of securities in certain cases. t effect. Repealed, Feb1. Be it enacted, &c. That when any person or persons shall hereafter ruary 22, 1820; become bound as security or securities, by bond, bill or note, for the payment . L. c. 492, of money or other valuable thing, and shall apprehend that his or their principal debtor or debtors, is or are likely to become insolvent, or remove from the county or state, without previously discharging such bond, bill or note, so that See O. L. c. 258, 178. + See O. L. c. 257. § 8. Surety may give notice to principal to bring suit; right forfeited on neglect to bring suit. Duty of executors or admin istrators in such cases. This act not to affect certain bonds. Rights of creditors against principals. Surety may it will be impossible, or extremely difficult for such security or securities after being compelled to pay the amount of the money or other valuable thing which may be due by such bond, bill or note, to recover the same back from such principal debtor or debtors, it shall and may be lawful for such security or securities in every such case, provided a right of action shall have accrued on such bond, bill or note, to require by notice in writing of his or their creditor or creditors, forthwith to put such bond, bill or note, by which he or they may be bound as security or securities as aforesaid in suit; and unless the creditor or creditors so required to put such bond, bill or note in suit, shall in a reasonable time commence an action on such bond, bill, or note, and proceed with due diligence, in the ordinary course of law, to recover a judgment for, and by execution to make the amount of the money or other article of value due by such bond, bill or note, the creditor or creditors, or the assignee or assignees of such bond, bill or note so failing to comply with the requisition of such security or securities, shall thereby forfeit the right which he or they would otherwise have to demand and receive of such security or securities, the amount which may be due by such bond, bill or note. 2. That any security or securities, or in case of his or their death, then his or their executors or administrators may in like manner, and for the same cause make such requisition of the creditor or creditors, or his or their executors or administrators, as it is herein before enacted, may be made by a security or securities of his or their creditor or creditors. And in case of failure of the executors or administrators so to proceed, such requisition as aforesaid being duly made, the security or securities, his or their executors or administrators making the same, shall have the same relief that is herein before provided for a security or securities, where his or their creditor or creditors shall be guilty of a similar failure. 3. That nothing in this act contained, shall be so construed as to affect the bonds with collateral conditions, or the bonds which may be entered into by guardians, executors, administrators, or public officers. 4. That the rights and remedies of any creditor or creditors, against any principal debtor or debtors, shall be in nowise affected by this act, any thing herein to the contrary notwithstanding. 5. That when any security has been sued and judgment rendered against prosecute a suit him for the debt of the principal debtor, he may sue out his capias or sumas principal. mons against the person or persons for whom he is security; and any court of competent jurisdiction is hereby authorized to render judgment for the proper amount upon return of the process, from which judgment there shall be no appeal. And in all cases where judgment against the security shall have been obtained before a different justice or court, it shall be the duty of such security to produce a transcript thereof to the justice or court so rendering judgment against the principal debtor, and on which judgment, when obtained before a justice of the peace, stay of execution shall be for one month less than that allowed the security in the transcript aforesaid. This act to be in force and take effect from and after the first day of May next. [Passed, January 25, 1814.] When to take effect. Repealed, February 27, 1816; O. L. c. 388, $27. Duty of assessors and appraisers. Commissioners &c. CHAP. CCCXV.—An act concerning county commissioners, and county levies.* 1. Be it enacted, &c. That in all assessments of tax hereafter made by the county commissioners upon town lots it shall be the duty of the assessors and appraisers of such property, to take into consideration, and include in their appraisement and valuation of the same, all houses, and all manner of improvements and betterments thereon. And in all counties where the tax arising upon lots in towns with their improvements, and the proportion received for the tax upon lands, shall be sufficient to meet all demands against such county, the commissioners of such county shall exempt horses and cattle from taxation : Provided, Such exemption shall not prevent a township, poor or road tax from being assessed upon horses or cattle as heretofore. 2. That where the ordinary revenue of any county within this state, to levy a tax, after paying the ordinary expenses of such county, shall be insufficient to pay for the erection, or to discharge debts that have heretofore been contracted by the erection of suitable public buildings for the use of such county, and of keeping the same in repair, it shall and may be lawful for the commissioners * See O. L. c. 60, 119, 270. 6 of every such county, to levy a tax on dwelling-houses for the use of such county, according to the provisions of the act, entitled, an act, regulating county levies;** and the said act shall be, and the same is hereby declared to be in full force within all such counties, so far as the said act relates to a tax on houses, any thing in the act entitled an act to amend the act entitled an act regulating county levies,' to the contrary notwithstanding. 3. That the commissioners of the several counties, coming within the Commissioners purview of the second section of this act, shall be, and they are hereby au- to fix the prices thorized, at their annual meeting in June in each year, to fix the prices of of licenses, &c. tavern and ferry licenses within their respective counties, according to the provisions of the eleventh section of the act entitled 'an act for granting licenses and regulating ferries and stores,' so that the sum to be paid for a tavern license, shall not be less than six dollars, nor more than eighteen dollars; and that the sum to be paid for a ferry license shall not be less than two dollars, nor more than twenty-four dollars. ses to mer chants, &c. Commissioners to increase the rate on stud 4. That the tax, or price of a license hereafter to be paid by merchants Price of liceror pedlars, for retailing merchandize, shall be fifteen dollars per year. 5. That the commissioners of the several counties be, and they are hereby authorized in levying their annual county tax to increase the rate of tax on all stud horses, to a sum not exceeding double the rate such horse may stand at by the season: Provided, That the person at whose stable any stud horse horses. may stand, shall be bound for the payment of the tax on such stud horse or stud horses, as shall stand on his premises: Provided also, That if any stud horse may stand any part of his time in one county, and part in another, then, in that case, the owner shall pay only the amount of what his horse stands at for the season in each county. Proviso. 6. That between the tenth day of April, and the tenth day of May, an- Duty of the lisnually, the listers of the several townships in each county in this state, shall ters. proceed to take written lists of all the property chargeable with taxes for county purposes, from each resident in their respective townships, from which they shall each make out two alphabetical lists, one of which shall, within five days, be delivered to the clerk of the commissioners of the proper county, and the other shall be deposited in the office of the township clerk, agreeably to the provisions of the act entitled, an act regulating county levies.' 7. That all acts, and parts of acts, so far as the same are contrary to the See O. L. c. 60, provisions of this act, be, and the same are hereby repealed. [Passed, Feb- 270, 222, &c. ruary 4, 1814.] 381, &c. Preamble. CHAP. CCCXVI.—An act to encourage the manufacturing of salt at the Scioto salt works.|| Obsolete, see Whereas, William Givens, Joseph Armstrong, John Johnston, Ross Nel- . L. c. 347, son, John W. Sargeant, John Prather and Asa Lake, have represented to this general assembly, that they are desirous of obtaining legislative patronage in digging each a well at the Scioto salt works, and perforating the rock and tubing said wells, and that they are willing to defray the incidental expenses attendant on the same, out of their private funds, upon the condition of their having the exclusive use and occupancy of said wells for the term of five years from the first day of June, one thousand eight hundred and fifteen, beside the use of a lot of woodland for the support of each well: And whereas, it is of the utmost importance to the people of this state to encourage the manufacturing of salt, lots. 1. Be it enacted, &c. That the agent of the Scioto salt works, be, and Duty of the he is hereby directed to lay off to the said William Givens, Joseph Arm- agent to lay off strong, John Johnston, Ross Nelson, John W. Sargeant, John Prather and Asa Lake, and to each of them, their heirs, executors, administrators or assigns, a sufficient lot for a salt well, furnaces, and the necessary outhouses for salt-making. 2. That the agent of said Scioto salt works, shall proceed to lay off Also to lay off when called on, suitable lot or lots of timber to each of the aforesaid persons, wood lots; furfor the purpose of supporting the furnaces, and other necessary firewood, and ther duty of timber for building, as soon as any of the above parties shall have perforated agent. the rock, as is required in the succeeding section of this act. And it is made * See O. L. c. 60. VOL. II. + See O. L. c. 270. See O. L. c. 222. Grant to continue five years from 1st June, 1815, on cer tain conditions. Proviso. Preference giv- persons for leas- On failure to improve by the 1st June, 1815, the agent to lease to others. Further duty the express duty of said agent, to see that there is no unnecessary waste committed by the said lessees upon the aforesaid lot or lots; and the said agent is further directed to reserve any sugar trees, or any timber that may be necessary for future purposes for the use of the state. 3. That the aforesaid William Givens, Joseph Armstrong, John Johnston, Ross Nelson, John W. Sargeant, John Prather and Asa Lake, their heirs, executors, administrators and assigns, shall have the sole use and occupancy of the aforesaid several lots of land, wells, furnaces, &c. for the term of five years from the first day of June, one thousand eight hundred and fifteen, upon the express condition that they the said William Givens, Joseph Armstrong, John Johnston, Ross Nelson, John W. Sargeant, John Prather and Asa Lake, their heirs, executors, administrators and assigns, and each of them shall, on or before the first day of June, one thousand eight hundred and fifteen, dig a salt well and perforate the rock, in the same manner and depth of the well sunk under the superintendence of Abraham Claypool, acting in behalf of the state, at their own proper expenses, and tube the same, and also to place therein a suitable gum to prevent fresh water from injuring said well, and shall, at the end of the term, deliver up to the agent for the time being, the said wells, furnaces, (kettles excepted) outhouses, tubes, pipes and machines, all in tenantable repair; Provided always, That if either of the persons above named, shall perforate the rock as required by this section, then, and in that case, such person shall give bond with sufficient security, in the penal sum of one thousand dollars to the agent of the salt works, and his successor in office for the use of the state, conditioned, that the said person will, at the expiration of the said five years from the first day of June, one thousand eight hundred and fifteen, deliver up such well and outhouses in good tenantable repair as above required. 4. That the aforesaid William Givens, Joseph Armstrong, John Johnston, Ross Nelson, John W. Sargeant, John Prather and Asa Lake, their heirs, executors, administrators or assigns, shall have the preference in leasing the aforesaid wells, furnaces, outhouses, lots, etc. at the expiration of the aforesaid term. Provided, That they, and each of them shall faithfully perform their undertakings according to the true intent and meaning of this act, subject to such alterations and regulations as the legislature shall then direct. 5. That if the aforesaid William Givens, Joseph Armstrong, John Johnston, Ross Nelson, John W. Sargeant, John Prather and Asa Lake, or either of them, their or either of their heirs, executors, administrators and assigns, shall fail to comply with the requisitions of this act by the first day of June, one thousand eight hundred and fifteen, then, and in that case, the agent of the salt works is hereby authorized to let the lot or lots of the delinquent or delinquents to any person or persons who will comply with the conditions of this act. 6. That the agent of said works is hereby authorized, on application of of the agent in any other person or persons, to lay off lots for salt-making, and grant leases granting leases. on the same terms as is provided in the foregoing sections of this act: Provided, The person or persons so applying, shall comply in every respect with the provisions of this act, and within the time by this act prescribed. Proviso as to 7. That nothing in this act shall be construed to exempt either of the exemption from aforesaid person or persons from paying the tax imposed on making salt, by an act of assembly, entitled, an act, regulating the Scioto salt works,** passed the nineteenth of February, one thousand eight hundred and ten. tax. Agent to rent certain wells, &c. on giving 20 days notice. Agent to report annually the ་ 8. That it shall be the duty of the agent of the state at the said salt works, after giving twenty days previous notice in some one of the newspapers published in the town of Chillicothe, to rent out on the best terms, and for the best price that may be offered, the well of salt water, lately relinquished to this state by Ross Nelson, senior, with such suitable lots of woodland and cleared land as the said agent may lay off and attach to said well, for the term of five years; which said property shall be leased subject to all the restrictions and reservations as to fuel and timber, which are herein provided as to lots of woodland to be laid off for the use of the persons herein named. 9. That it shall be the duty of the said agent to ascertain the strength and quality of the salt water used at the several furnaces for the manufactur * See O. L. c. 235. ing of salt; and to report to the legislature annually the quantity of water quality of the evaporated in the manufacturing of fifty pounds of salt at each of the furnaces water. in operation, with a general account of such improvements and discoveries as may be made in boring and sinking for salt water. [Passed, February 7, 1814.] Repealed, Feb L. c. 349. CHAP. CCCXVII.-An act supplementary to the act levying a tax on land.* 1. Be it enacted, &c. That the tax for the year one thousand eight hund- ruary 26, 1816; O. L. c. 385, § red and fourteen, on all land heretofore subject, or becoming subject to taxation by the laws of this state heretofore in force, shall be as follows: on all 46; see also, 0. first-rate land, two dollars for each hundred acres; on all second-rate land, Rates of taxaone dollar and fifty cents for each hundred acres; and on all third-rate land, tion on the difone dollar for each hundred acres, agreeably to the classification made under ferent rates. the act levying a tax on land. 2. That for the year one thousand eight hundred and fourteen, there Congress land shall be assessed on all land sold by the United States within five years prece- sold within five ding the first day of January in the year last mentioned, the following tax, to years, how taxwit: on all first-rate land, one dollar and twenty-five cents for each hundred ed. acres; on all second-rate land, one dollar for cach hundred acres; and on all third-rate land, six-five cents for each hundred acres. further duty of 3. That the listers of the several townships within this state, shall, Duty of townbetween the tenth day of April and the tenth day of May, in the present ship listers in year, go to the dwelling of every person within his township, who is a pro- April, 1814; prietor of land purchased of the United States within five years last preceding lister to adthe first day of January in the present year, and take from each of such pro- minister oaths; prietors, a list of all the lands that such proprietor may own within the state, proviso as to purchased of the United States, within the period aforesaid; which list shall oaths. be reduced to writing, and the proprietor's name subscribed thereto, particularly setting forth the present owner's name, the original purchaser's name, (when transfers have been made,) the quantity of acres then listed, and the rate of each tract, the number of the range, township and section, in which such land is situate, and a description of the parts of sections listed and the county in which such tract of land is situated and in taking such list, the lister is hereby empowered and required to administer to each person from whom he may receive the same, the following oath or affirmation, 'You do solemnly swear (or affirm, as the case may be) that the lands mentioned in the list now exhibited, is all the land you own within the state of Ohio, purchased from the United States, within five years preceding the first day of January last, and that the same is classed agreeably to the true quality of said land: Provided, that in all cases where any person shall enter his or her land as first-rate, he or she shall not be qualified as to the rate of such land. 4. That if any person owning land required by this act to be listed, shall Penalty on perneglect or refuse to list the same in the manner before provided, it shall be sons refusing to the duty of the lister in all such cases, to make a list of the same, according list their land. to the best information he may be able to obtain. and to make a separate return thereof; and all land so returned, shall be charged as first rate, and with a double tax. county. 5. That the several listers shall, on or before the fifteenth day of May Listers to make next, return to the clerk of the commissioners of their county, all the lists by return to comthem taken under the provisions of this act: and such clerks shall each make missioners of out two accurate alphabetical abstracts of the lists to them returned, one copy of which, together with the original lists, shall be deposited with the commissioners of their county, and the other, signed by at least two of the commissioners, shall, on or before the first day of July next, be transmitted by the clerk making the same, to the auditor's office; and the auditor shall record the same and charge the proper county with the amount thereof, according to the provisions of the eighth section of the act to which this is supplementary. 6. That the commissioners of the several counties shall subjoin to the Duty of comannual duplicates by them made out, alphabetical duplicates of the land listed missioners. for taxation under the provisions of this act, with the amount of tax calculated thereon, and the same shall be placed in the hands of the collectors, and *See O. L. c. 244, 245, 281, 282. |