Commissioners be by them collected and accounted for as other taxes are collected and accounted for. 7. That the commissioners of each county, shall make such allowance to compensate to the several listers within their county, and to their clerk for services to be rendered under the provisions of this act, as such commissioners shall judge reasonable; and all such allowances shall be paid by orders on the county listers. Duty of auditor in procuring abstracts from land offices. Two-ninths of purposes. treasurer. 8. That the auditor, after procuring from the different land offices, abstracts of the land subjected to taxation by the second section of this act, and after also receiving the duplicates of residents subject to taxation as aforesaid from the commissioners of the several counties, shall proceed to compare the same with the abstracts of entries received from the different land offices as aforesaid; and each tract or part of a tract which he shall find charged to a resident proprietor, he shall deduct from the proper abstract: but every tract which he shall not find charged to any proprietor, resident within the state, he shall presume to be the property of a nonresident, and shall subjoin an alphabetical list of all such tracts lying within each district, charged with the amount of tax, calculated at the rate specified in the second section of this act as second-rate land, to the annual duplicate to be delivered to the nonresident collector within whose district they lie, to be by him collected and paid over with the other taxes of this present year. 9. That two-ninths of the tax arising from land subjected to taxation tax for county by the provisions of this act, after deducting all defalcations and expenses, shall be appropriated and paid over for county purposes, in the manner provided by the twentieth section of the act to which this act is supplementary, and which sum shall be in lieu of the appropriation heretofore made for county purposes. [Passed, February 7, 1814.] [IN FORCE?] See O. L. c. 787, 813, 850, $27. Preamble. Nonresidents grazing cattle, to pay a tax. state to graze cattle, to enter them with the clerk of the CHAP. CCCXVIII.-An act concerning nonresident graziers. Whereas, it hath been represented to the satisfaction of this general assembly, by sundry inhabitants of the county of Fayette, that they have sustained much injury from the practice of foreigners introducing large herds of cattle into the frontiers, for the purpose of grazing the same during the summer season, and that those persons generally are found on the grazing ground at a time when there is no legal provision for taxing the same: therefore 1. Be it enacted, &c. That all and every person or persons, not resident in the state of Ohio, who shall hereafter bring into the state any herd, or number of cattle for the purpose of grazing the same, shall pay a tax for such cattle, to be assessed and collected in manner following. § 2. That it shall be, and it is hereby made the duty of all and every Duty of persons coming into the person or persons, nonresident owners of any herd or herds of cattle, grazing within this state, to enter the number of his or their cattle with the clerk of the county commissioners for taxation, together with security for the payment of the tax which may be assessed thereon; which entry shall be made within ten days after such cattle may have been brought in as aforesaid. commissioners; And it is hereby made the duty of the clerk aforesaid, to deliver over the said duty of the list of cattle so entered to the commissioners, who shall levy a tax thereon, clerk. agreeably to the act regulating county levies, and transmit the same to any collector in said county for collection, who shall be governed therein agreeably to the beforerecited act. Penalty for 3. That if any nonresident grazier as aforesaid, shall fail to enter or neglecting to return his cattle, then, and in that case, it shall and may be lawful for any enter cattle for resident householder, within said county, to enter complaint against the party taxation; how so offending before any associate judge or justice of the peace in and for collected; cat said county, who shall thereupon issue process against the party offending, tle belonging to and shall (on due proof being made) fine the party or parties so offending, in any sum not exceeding four times the proper tax on such cattle; and shall upon judgment rendered, issue execution, collect the same, and pay it over to the county treasurer for the use of the county: Provided, that nothing contained in this act shall be so construed as to affect cattle the property of the United States. This act to take effect, and be in force from and after the first day of May next. [Passed, February 7, 1814.] U. S. not within this act; when to take effect. CHAP. CCCXIX.-An act supplementary to the act, entitled 'An act fixing and establish- [ 1 IN FORCE.] ing the permanent and temporary seat of government.'* § 2, obsolete: see O. L. c. 1. Be it enacted, &c. That the offices of auditor, treasurer and secretary 344, 374. of state shall be removed to, and established at the permanent seat of govern- Offices to be ment, at the town of Columbus, in the month of October, in the year one removed in Octhousand eight hundred and seventeen, and all the books, papers, and other tober, 1817. articles belonging to said offices, shall be carefully packed up and removed, under the inspection and direction of the persons holding the respective offices of auditor, treasurer and secretary of state. And the said officers shall attend at the permanent seat of government aforesaid, and keep their said offices respectively. 2. That a director for the town of Columbus shall be appointed by joint Director for the resolution, who shall continue in office until the rising of the next general town of Columassembly; and the director shall give bond, and take the oath required by the bus to be apact, ascertaining the duties of the director of the town of Columbus: and the pointed. said director so to be appointed, shall perform all the duties required by the beforerecited act, and such other duties as may be required of him by law. [Passed, February 9, 1814,] CHAP. CCCXX.-An act supplementary to the act, entitled An act to incorporate the Repealed, O. original surveyed townships,'t L. c. 638, 894, 15; see also O. L. c. 348, 376. Duty of trustees in making 1. Be it enacted, &c. That the trustees appointed under the provisions of the act to which this is supplementary, are hereby authorized and directed, previous to their appropriating the profits arising from section numbered sixteen or other section in lieu thereof, (granted by congress for the use of schools, to require a certified list of all the scholars who reside within their dividends. township (whether they go to school within or without the same) to be procured from their respective teachers, stating the time each scholar by him taught hath attended, together with such other evidence as the trustees may think necessary; and the trustees shall thereupon apportion an equal dividend of the profits of their reserved section, to the use of the scholars within their townships, having special regard to the time each scholar hath been taught; and nothing herein contained shall be so construed as to prevent any scholar who may go to a school out of the township, from an equal participation in the profits of said section in their own proper township, with those actually taught within the same. 2. That no person residing on, or holding a lease of any part of section Qualifications No. sixteen, or other section granted in lieu thereof for the support of schools, of trustees. shall be eligible to be elected to the office of trustee or treasurer of any original surveyed township in this state. [Passed, February 9, 1814.] CHAP. CCCXXI.-—An act regulating the times of holding the judicial courts.‡ 1. Be it enacted, &c. That the supreme court shall commence its sessions, and be holden as follows, to wit: in the county of Highland, on the twenty-eighth day of April; in the county of Fayette, on the second day of May; in the county of Clinton, on the fifth day of May; in the county of Warren, on the ninth day of May; in the county of Clermont, on the nineteenth day of May; in the county of Hamilton, on the twenty-eighth day of May; in the county of Butler, on the ninth day of June; in the county of Preble, on the sixteenth day of June; in the county of Montgomery, on the twentieth day of June; in the county of Miami, on the twenty-third day of June; in the county of Champaign, on the twenty-seventh day of June; in the county of Green, on the thirtieth day of June; in the county of Madison, on the fifth day of July; in the county of Pickaway, on the seventh day of July; in the county of Fairfield, on the fourteenth day of July; in the county of Franklin, on the twenty-first day of July; in the county of Delaware, on the twenty-fifth day of July; in the county of Licking on the twenty-eighth day of July; in the county of Knox, on the first day of August; in the county of Richland, on the fourth day of August; in the county of Coshocton, on the eighth day of August; in the county of Tuscarawas, on the eleventh day of August; in the county of Wayne, on the fifteenth day of August; in the county of Stark, on the eighteenth day of August; in the county of Portage, on the twenty-second day of August; in the county of Cuyahoga, See O. L. c. 302. * See O. L. c. 273, 294.- † See O. L. 221, 267. Repealed, February 13, 1815; .c.343, § 7. Supreme courts when holden. Common pleas in the first cir cuit, when holden. Terms in the on the twenty-fifth day of August; in the county of Geauga, on the twentyninth day of August; in the county of Ashtabula, on the first day of September; in the county of Trumbull, on the fifth day of September; in the county of Columbiana, on the ninth day of September; in the county of Jefferson, on the twelfth day of September; in the county of Harrison, on the nineteenth day of September; in the county of Belmont, on the twenty-second day of September; in the county of Guernsey, on the twenty-ninth day of September; in the county of Muskingum, on the third day of October; in the county of Washington, on the tenth day of October; in the county of Athens, on the nineteenth day of October; in the county of Gallia, on the twenty-second day of October; in the county of Scioto, on the twenty-eighth day of October; in the county of Adams, on the thirty-first day of October; in the county of Ross, on the fourth day of November. And if any of the aforesaid days should happen on the first day of the week, the court shall be holden on the next day. 2. That the courts of common pleas, for the first circuit, shall be holden as follows, to wit: in the county of Hamilton, on the first Tuesday of April, and first Mondays of August and December; in the county of Butler, on the third Mondays of August, April and December; in the county of Preble, on the Wednesdays next after the fourth Tuesday of April, August and December; in the county of Montgomery, on the first Mondays of May, September and January; in the county of Miami, on the second Tuesdays of May, September and January; in the county of Champaign, on the third Mondays of May, September and January; in the county of Green, on the fourth Mondays of May, September and January; in the county of Clinton, on the first Tuesdays of June, October and February; and in the county of Warren, on the second Mondays of June, October and February. 3. That the courts of common pleas for the second circuit, shall be second circuit, holden as follows, to wit: in the county of Pickaway, on the second Monday when holden. in February and June, and first Monday in October; in the county of Franklin, on the third Mondays in February and June, and second Monday in October; in the county of Madison, on the fourth Mondays in February, and June, and third Monday in October; in the county of Fayette, the Thursdays next following the first days of the court in the county of Madison; in the county of Highland, on the first Mondays of March and August, and fourth Monday of October; in the county of Clermont, on the second Mondays of March and August, and fifth Monday in October; in the county of Adams, on the third Mondays of March and August, and second Monday in November; in the county of Scioto, on the first Monday of April and fourth Monday of August and third Monday in November; in the county of Gallia, on the second Monday in April, and first Monday in September and fourth Monday in November; and in the county of Ross, on the third Mondays in April and September, and first Monday in December. Terms in the third circuit, when holder. Terms in the fourth circuit, when holden. 4. That the courts of common pleas for the third circuit shall be holden as follows, to wit: in the county of Wayne, on the twenty-third day of January, twenty-fifth day of April, and twenty-sixth day of September; in the county of Stark, on the twenty-sixth day of January, twenty-eighth day of April, and twenty-ninth day of September; in the county of Portage, on the thirty-first day of January, third day of May, and fourth day of October; in the county of Cuyahoga, on the seventh day of February, the tenth day of May, and twelfth day of October; in the county of Geauga, on the fourteenth day of February, the seventeenth day of May, and eighteenth day of October; in the county of Ashtabula, on the twenty-first day of February, twenty-fourth day of May, and twenty-fifth day of October; in the county of Trumbull, on the twenty-eighth day of February, the thirty-first day of May, and first day of November; in the county of Columbiana, the seventh day of March, the seventh day of June, and eighth day of November; in the county of Jefferson, on the thirteenth day of March, thirteenth day of June, and fourteenth day of November; in the county of Belmont, on the twenty-first day of March, twenty-first day of June, and twenty-second day of November; in the county of Harrison, on the twenty-eighth day of March, twentyeighth day of June, and twenty-ninth day of November. 5. That the courts of common pleas for the fourth circuit shall be holden as follows, to wit: in the county of Delaware, on the fourth Monday of March, the first Monday of August, and the second Monday of December; in the county of Richland, on the first Monday of April, the second Monday of August, and the third Monday of December; in the county of Knox, on the Thursdays next after the first days of the court in Richland; in the county of Coshocton, on the second Monday of April, the third Monday of August, and the fourth Monday of December; in the county of Tuscarawas, the third Monday in April, the fourth Monday in August, and the first Monday of January; in the county of Guernsey, on the Thursday next after the first days of the courts in Tuscarawas; in the county of Muskingum, on the fourth Monday of April, the fifth Monday of August, and second Monday of January; in the county of Licking, on the first Monday of May, the first Monday of October, and third Monday of January; in the county of Fairfield, on the second Monday of May, first Monday in September, and fourth Monday of January; in the county of Athens, on the third Monday of May, second Monday of September, and fifth Monday of January; in the county of Washington, on the fourth Monday of May, third Monday of September, and first Monday of February. § 6. That the first and second sections of this act shall take effect from When to take and after the passage thereof. The third section of this act shall take effect and effect. be in force, from and after the first day of April next. The fourth section of this act shall take effect from and after the twenty-fourth day of April next : and, the fifth section of this act shall take effect from and after the first day of June next. 7. That the first and third sections of the act, entitled, an act regulating O. L. c. 302 the times of holding the judicial courts, passed the eighth day of February, repealed in one thousand eight hundred and thirteen, shall be repealed from and after the part. passage of this act. The fifth section of the before recited act shall be repealed from and after the twenty-fourth day of April next: and, the sixth section of the said recited act shall be repealed from and after the first day of June next and the fourth section of the above recited act to be repealed from and after the first day of April next. And all suits and process pending in any of the said courts, at the time of the taking effect of the different provisions of this act, shall be continued and returned according to the provisions of the seventh section of the aboverecited act. [Passed, February 11, 1814.] sions to be endorsed. CHAP. CCCXXII.—An act to amend the act entitled, 'an act for disciplining the militia.* Repealed, 1. Be it enacted, &c. That when any entire brigade, regiment, bat- February 14, 1815; O. L. c. talion or company, has been, or may be set off, the officers in such brigade, 342, 72. regiment, battalion or company, shall retain their respective commands; and The organizaif the number of such brigade, regiment, battalion or company, shall be tion of new changed by such alteration so that the commission or commissions of the offi- regiments, &c. cers included therein, do not correspond with their proper command, it shall not to derange be, and is hereby made the duty of the major-general to make an endorsement the officers foron the commission of any brigadier-general in his division, whenever it merly in combecomes necessary, under the provisions of this section, so that it shall clearly mand; commisdesignate his proper command, keeping a record of the same; in like manner it shall be, and is hereby made the duty of the brigadier-general, to make all necessary endorsements on the commissions of colonels and majors of odd battalions under his command, when by the provisions of this section, such endorsement becomes necessary, such brigadier-general keeping a record of the same. In like manner, shall the colonel or commandant of odd battalion make the necessary endorsements on the commission of any officer under his command, when such endorsement becomes necessary under the provisions of this section, and have the same recorded with the clerk of the regiment or odd battalion, as the case may be. And all endorsements so inade, agreeable to the provisions of this section, shall vest such officer with the same authority as if the purport thereof had been expressed on the face of his commission. And when any new brigade, regiment, battalion or company, shall be set off, composed of parts of brigades, regiments, battalions or companies, the senior officer within such new bounds respectively, shall take the command for the purpose of carrying any of the provisions of this act, or the act to which this is an amendment into effect. § 2. That regimental clerks, and clerks of odd battalions shall keep a fair Regimental and accurate rank-roll of the commissioned officers of the regiment, or odd clerks to keep a *See O. L. c. 305, 313. in making re turns. Nor rank-roll; duty battalion to which such clerk may belong; resignation, removal or death of any of commandant officer on his rank-roll shall be noted, and new commissions inserted. in making regi- shall the command of any officer who has tendered his resignation cease, until mental returns; he has caused the day of its acceptance to be noted by the clerk of his regiduty of briga- ment; and the commanding officer of any regiment or odd battalion, when he dier-general in makes his next regimental return to the commandant of brigade, shall accommaking returns; duty of pany the same with a fair copy of the rank-roll, taken from the records of the major-general clerk, and shall moreover, each and every year after, when he forwards his regimental return to the commandant of the brigade, accompany the same with a report of any change on his rank-roll since his last report, noting deaths, removals and resignations, together with any other remarks that may be proper to make, also the names, rank and date of all officers since commissioned.— The brigadier-general shall cause his brigade-major to keep a fair record of the rank-roll so returned, and shall afterwards each and every year, enter thereon, such alterations as may be reported to him by the commandants of regiments or odd battalions, and he shall accompany his next brigade return to the major-general, with a fair rank-roll of all the field officers of the brigade under his command, to be recorded by the major-general. And it is moreover made the duty of the brigadier-general, in each and every succeeding year, to accompany his annual return with a report of any change that may have taken place as to field officers in the brigade under his command since his last report. The major-general shall with his next division return, make out and forward to the adjutant-general, a fair and complete rank-roll of the field officers of his division, to be by the adjutant-general recorded in a book prepared for that purpose; and the major-general shall, afterwards, annually accompany his division return, with a report of all changes and alterations that may have taken place in the rank-roll of his field officers since his last report; which report shall be filed by the adjutant-general, and the proper entries and remarks made on his rank-roll. Staff officers to be taken from the line. officers from 3. That all regimental staff officers who rank as commissioned officers hereafter to be appointed, shall be taken from the line of officers, surgeons excepted. Five year's ser4. That commissioned officers who have, or may serve five years in this vice to exempt state, and been permitted to resign, and such as by alterations in military boundaries have lost, or may lose their commands, such persons shall not be compelled to bear arms, or attend any company, battalion or regimental muster, unless called upon in an actual or threatened invasion, or when required to perform a tour of duty in their proper class. trainings. Minors arriving Hours of mus- prived of their 5. That minors arrived at the age of eighteen years, subject to be enrolled, and persons removing from any other state, subject to militia duty, shall each draw for his class and number in the same manner as is provided for classing the militia. 6. That all musters held under the provisions of the act to which this is an amendment, shall commence at ten o'clock, A. M. and close at four o'clock, P. M. And at every such muster, the rolls shall be called, and delinquents noted at half past ten o'clock; any thing in the act to which this is an amendment to the contrary notwithstanding. Commissioned 7. That if any field officer, or staff officer, or captain, shall appear on officers appear- parade at any muster without a sword or hanger, or if any subaltern shall ing without appear at any muster without a sword or espontoon, such officer shall not be arms to be de permitted to take command on that day. And at all battalion or regimental command; du- musters, it shall be, and is hereby made the duty of the brigade-inspector, to ty of brigadeexamine the arms of the officers, (and in his absence the adjutant) to note deinspector to linquencies, and make report to the next regimental board for assessment of examine arms, fines, where all officers who have lost their commands at any muster for the &c.; duty of causes aforesaid, shall be proceeded against in the same manner as though commandants they had failed to attend such muster. And at all company musters, it is of companies to hereby made the duty of the officer who commands the parade on that day, to note delinquen- note the delinquents for the cause aforesaid, and report the same to the next cies, &c. court of inquiry for the assessment of fines. Provided, no officer for the cause aforesaid, shall be returned as a delinquent till after six months from the taking effect of this act. Provided also, that no officer having been newly commissioned, shall come within the provisions of this section until after six months from the time of his accepting the same. |