court before whom such conviction may be had, shall in their sentence direct whom regulatand appoint; and the said inspectors shall have power to direct the infliction ed. of such solitary confinement at such intervals and in such manner as they may judge proper.

23. That when funds shall be in the hands of the inspectors sufficient to Duty of inspecdischarge any of the expenses, which are by this act directed to be paid by tors in disbursethe treasurer of the state, it shall be lawful for the said inspectors, to discharge ment of funds. the said expenses out of any moneys so in their hands, and state the sum in their accounts to be laid before the legislature.

24. That the inspector at their first meeting after their appointment, Duty and comshall elect by ballot, a president and clerk of their own body; and each of the pensation of insaid inspectors shall receive the sum of two dollars per day, for each and every spectors and day necessarily employed on the duties of their appointment, on an order keeper. drawn on the treasurer of this state, by the president of the board of inspectors, by order of the board; and the keeper of the said prison shall be allowed the yearly sum of seven hundred dollars to be paid quarterly by the treasurer of this state, on the certificate of the board of inspectors, that such keeper has faithfully discharged the duties required by this act: Provided, That it shall not be lawful for the inspectors to appoint a keeper until after the taking effect of the act for the punishment of crimes, and the state prison is open for the reception of convicts.

25. That every order drawn on the state treasury by the inspectors, Orders to be according to the foregoing provisions of this act, shall be presented to the presented to the auditor, who shall review and file the same, and thereupon shall issue a bill auditor. for the amount of such order payable at the treasury as in other cases.

26. Whereas, it may be of importance that the circumstances attending Duty of court the commission of the offence, and the former conduct and character of the in passing senconvict should be known to the inspectors: therefore, Be it further enacted, tence. That when any person shall be convicted of any offence for which such person shall be sentenced to the penitentiary, the court before whom such conviction is had, shall, before their adjournment, make out and cause to be transmitted to the said inspectors, a report or short account of the circumstances attending the crime committed by such convict, particularly such facts as tend to aggravate or extenuate the same: also, what character the said convict appeared on the trial to sustain; and whether he had ever before been convicted of any felony or other infamous crime, which statement the inspectors shall cause to be entered in a book to be provided for that purpose. [Passed, January 30, 1815.]

/ 11.

Sabbath day.

CHAP. CCCXXXIX.-An act to amend the act, entitled an act for the prevention of certain Repealed, Janimmoral practices.* uary 3, 1816; 1. Be it enacted, &c. That if any person shall be found on the fist day O. L. c. 359, of the week, commonly called Sunday, sporting, rioting, quarreling, hunting, Penalty for shooting, or at common labor, (works of necessity and charity only excepted) any person or persons so offending shall be fined in a sum not exceeding five breaking the dollars, nor less than one dollar : Provided, nothing herein contained shall be construed to extend to those who conscientiously do observe the seventh day of the week as the sabbath, nor to prevent families emigrating from travelling, watermen from landing their passengers, superintendents or keepers of toll- . bridges, from attending and superintending the same, or ferrymen from conveying over the waters, travellers or persons removing with their families on such day.

2. That if any tavernkeeper or other person shall sell or barter any Penalty on tavspiritous liquors on the first day of the week, commonly called Sunday (ex- ernkeepers for cept to travellers on a journey) such tavernkeeper or other person so offend- selling liquor. ing, shall be fined in a sum not exceeding five dollars.

3. That all fines and penalties incurred under the provisions of this act, Fines, how apshall be recovered and applied in the same manner as is provided by the act plied." to which this is an amendinent.

4. That the first section of the act entitled an act for the prevention of O. L. c. 204, certain immoral practices, passed February ninth one thousand eight hundred 1, repealed. and nine, be and the same is hereby repealed. [Passed, February 8, 1815.]

See O. L. c. 204.

Repealed in part, O. L. c. 355, 17; see also O. L. 361,

41, 654, 855.

Four per cent. to be paid on dividends; manner of declaring and paying over the tax.

Manner of en-
forcing the
payment of
tax; duty of
the sheriff in

collecting the

tax.

Duty of the auditor in delivering the

amount of tax

to the sheriff for collection;

sheriff refusing or neglecting to

collect and

pay over, how proceeded against.

No person or persons may

CHAP. CCCXL.-An act to raise a revenue from banks, and to prohibit the unauthorized issuing and circulating bank paper.

1. Be it enacted, &c. That every bank and banking company, whether chartered or unchartered, within this state, which at the taking effect of this act may have commenced the business of banking, by discounting any paper, shall pay to the state an annual tax upon the dividends declared by such bank or banking company, of four per centum upon all such dividends, in the manner hereinafter provided.

2: That half yearly at the time of declaring the dividends of such bank or banking company, the president and directors or managers, shall set apart to the credit of the auditor of state, four per cent. upon the aggregate amount of the dividend so declared; and the cashier or chief clerk of every such bank or banking company shall immediately make out a statement (under oath, and transmit the same to the auditor) of the aggregate amount of the whole dividend declared, and also of the aggregate amount placed to his credit for account of the tax aforesaid, for which sum the auditor shall draw upon the cashier or chief clerk of such bank or banking company, in favor of the treasurer of state, and shall charge the treasurer with the amount thereof; and the treasurer shall receive and account for the same as for other moneys paid into the treasury.

3. That if the president and directors, or managers of any bank or banking company as aforesaid, shall not on or before the first day of September in each and every year, comply with the provisions of the foregoing section, so as to enable the auditor to draw upon the cashier or chief clerk of their respective institutions, in favor of the treasurer for the full amount of four per cent. upon their annual dividends, then and in that case it shall be the duty of the auditor, and he is hereby authorized and required immediately after the said first day of September, annually, to levy upon such delinquent bank or banking company, a tax of one per centum upon the nominal amount of the stock of such bank or banking company, which shall be the tax upon such bank or banking company for the current year, and shall be collected as follows: The auditor shall make out and state an account with such bank or banking company, charging it with the amount of one per cent. upon its nominal stock and crediting it with the amount paid, if any, upon account of that year's tax, which account so stated and subscribed by the auditor, shall have the force and effect of an execution, and shall be delivered to the sheriff of the county where the banking-house of such bank or banking company may be kept; and the sheriff after receiving the same, shall enter the banking house of such bank or banking company during bank hours, and present the said account and if the amount thereof together with four per centum (the sheriff's collection fees) is not immediately paid, the sheriff shall proceed to levy upon so much of the specie, bank notes, or other property of such bank or banking company, which he may find in such banking-house or elsewhere, as will be sufficient to discharge the amount of such account for tax, and four per cent. thereon, his fees for the collection thereof; and if the levy be made upon other property than specie or bank notes the sheriff shall advertise and sell the same in the same manner as property of the same description, taken in execution is advertised and sold.

4. That the auditor shall take from the sheriff to whom any account is delivered under the foregoing section, a receipt for the same, and shall file the same and charge such sheriff with the amount thereof; and the sheriff shall collect the amount of such account, and pay it over to such person as the auditor may direct within forty days after receiving the same; and if any sheriff shall refuse to make the money aforesaid, or shall neglect or refuse to pay over the same when made to the person authorized by the auditor to receive the same, such sheriff and his securities shall be liable to be proceeded against, in the same manner as is provided by law for proceeding against delinquent sheriffs and their securities in other cases, and such proceedings shall be had in the name of the state, under the direction of the auditor; and in all cases where judgments are rendered against sheriffs or their securities under the provisions of this section, the court rendering the judgment, shall include therein, fifteen per centum upon the amount of the account put into the hands of such sheriff, as damages to this state.

5. That from and after the taking effect of this act, it shall not be lawful for any individual or any company of individuals to issue and put in circula

tion any note or order for the payment of money, struck or printed upon any issue notes exengraved plate and calculated to circulate as a bank bill or note, unless such cept authorized individual shall be by law specially authorized so to do; or unless such com- by law. pany of individuals shall be by law incorporated for that purpose; and all bonds, bills, notes, or written contracts given to, entered into with, or discounted by any such individual or company of individuals, shall be, and the same are hereby declared null and void.

6. That if any person or persons shall open or keep any office of discount Penalty on or deposit, or any counting-house, banking-house, or other place for the issu- persons issuing ing or paying off any note or order, for the payment of money issued or put in notes without circulation contrary to the provisions of the foregoing section of this act, or if proper authorany person or persons shall sign, countersign, accept or endorse any note or ity. order for the purpose of issuing or putting the same in circulation, contrary to the provisions of the foregoing section of this act, every person so offending, being convicted thereof upon an indictment before the court of common pleas of the proper county, shall be imprisoned for the space of one year, and fined in any sum not exceeding five thousand dollars, at the discretion of the court.

7. That until the first day of January, in the year one thousand eight Certain unhundred and eighteen, the provisions of the fifth and sixth sections of this act chartered shall not be construed to extend to any bank or banking company which may banks not to be have commenced bank business by discounting any paper previous to the first affected by this day of January, in the year one thousand eight hundred and fifteen.

act.

8. That it shall be the duty of the president judge of the court of com- Courts to give mon pleas in each county, to give this act in charge to the grand jury at every this act in term of the court, and it shall be the duty of the prosecuting attorney in such charge to grand county, and of the grand jury, to make diligent inquiry into any violations of juries. the provisions hereof. This act to take effect from and after the first day of March next. [Passed, February 8, 1815.]

CHAP. CCCXLI.—An act to provide for the safe-keeping of lunatics, and for other Amended, &.

purposes.

L. c. 399, and 433: Repeal1. Be it enacted, &c. That justices of the peace in their respective ed, O. L. c. townships within this state, are hereby empowered and required, upon 462, § 15. application being made in writing by any of the relations of any idiot, non Justices of compos, lunatic or insane person, or by any overseer of the poor in the town- peace on appliship where such person resides, to issue a warrant to any constable of said cation, to sumtownship, requiring him to bring such person before him; and also to summon mon a jury of seven discreet, disinterested householders to appear at the same time, who, seven men to being first duly sworn, shall inquire into the case, and return their verdict in inquire conwriting to the justice; and if they shall unanimously adjudge such person to be an idiot, non compos, lunatic or insane, they shall moreover certify under their hands, whether in their opinion there is danger of such person destroying his or her own life or property, or the life or property of others; and whether such person ought to be put into close confinement or not.

cerning luna

tics.

2. That in case the inquest, as provided by the first section of this act, Duty of shall set forth in their verdict that such person is an idiot, non compos, luna- justice in acttic or insane, and do not adjudge that he or she ought to be put into close con- ing on the verfinement, the justice shall issue his warrant to the overseers of the poor, dict of jury. directing them to take care of and provide for the maintenance of such person agreeably to the provisions of the act entitled' an act for the relief of the poor:' and in case the inquest shall set forth in their verdict, that in their opinion there is danger of such person destroying life or property as aforesaid, and that he or she ought to be put into close confinement, the justice shall commit such person to the jail of the county (unless the friends or relations of such person shall give bond with security for the safe-keeping of such person, in a sum to be approved of by the justice, payable to the county treasurer for the use of the county) and shall set forth in the mittimus the particular cause of commitment; and it shall be the duty of the jailer to receive, and safely keep such person until he or she shall be discharged as hereinafter provided.

3. That the jailer shall, within five days after receiving such person, The jailer to notify the commissioners of the county to meet at the jail on a particular day, notify the not farther distant than ten days, whose duty it shall be to meet accordingly, county commissioners; duand they or any two of them so met, shall carefully examine the state of such per- ty of commisson, and if in their opinion, medical aid shall be requisite, they shall employ some

sioners.

Duty of the physician.

Physician, how compensated.

Justices to direct overseers

skilful physician to attend such person, and use such means as may be most conducive to restore the exercise of reason.

§ 4. That whenever such physician shall be of opinion, that such person may be safely released, or ought to be otherwise disposed of, he shall make report thereof to the commissioners who shall thereupon meet; and it shall be competent for them at such meeting, or at any other time, upon due examination, to release or provide in whatever way they shall deem most advisable for the keeping of such person.

5. That the commissioners shall make such allowance to any physician or other person employed to keep or take care of any idiot, non compos, lunatic or insane person, under the provisions of this act as they shall deem lawful and right, to be paid out of the county treasury, in case there be no estate of such person to satisfy those claims.

6. That in every case where a person is adjudged to be an idiot, non compos, lunatic or insane, by a verdict returned to a justice of the peace agreeably to the first section of this act, such justice shall issue bis warrant to effects of idiots. the overseers of the poor of the township, directing them to take charge of the

to secure the

estate, real and personal, of such person, and make an inventory thereof, and return the same to the clerk's office of the court of common pleas of their county within ten days thereafter, who shall file the same in his office.

Overseers to 7. That the overseers of the poor returning such inventory, shall apply make return to to the court of common pleas at their next session, to appoint a guardian or court; court to guardians to take charge of the estate of such person, whereupon the court appoint guardi- shall make such appointment; and the guardian or guardians so appointed, ans; guardians shall give bond to said court in a reasonable sum, wi... sufficient security, to be adjudged of by the court, for the use of such idiot, non compos, lunatic or insane person, conditioned for the faithful discharge of their trust, and for rendering a just and true account of their guardianship, whenever thereunto required by the court; and the court shall make such allowance to overseers of the poor and guardians for their services under this act, as they shall deem reasonable, to be paid out of the estate of such person.

to give bond; Overseers and guardians, how compensated.

Overseers to deliver over property to guardians; duty and power of guardians.

8. That the overseers of the poor who may have in their hands any estate, real or personal, of any idiot, non compos, lunatic or other insane person for whom a guardian or guardians shall be appointed as aforesaid, shall deliver over such estate into the hands of the said guardian or guardians, and take a receipt therefor, which shall be filed in the office of the clerk of the court of common pleas; and such gardian or guardians shall improve, frugally and without waste such estate, and shall apply the same, or the annual profits thereof, for the maintenance of such idiot, non compos, lunatic or insane pesson, together with his or her family (if such there be,) and such guardian or guardians shall have power to settle accounts, receive, sue for, and recover all just debts due to such person; to improve and manage the real estate agreeably to law, in as full and ample a manner as such idiot, non compos, lunatic or insane person could do, if he was restored to the use of his reason; and shall also be subject to the payment of all just debts of such person, contracted prior to his or her insanity or disability, out of the personal estate, or in case that be insufficient, then out of the real estate, in such manner as executors or administrators are enabled by law to discharge the debts of personal deceased.

Court to ap9. That the court of common pleas in each county, are hereby empowered point guardians to appoint guardians for the children of such idiot, non compos, lunatic or for the children insane person, in the same manner as though their parents were deceased: of lunatics. Provided, That such guardianship shall cease at the time when, according to the provisions of this act, such idiot, non compos, lunatic or insane person shall be adjudged to be restored to the use of his or her reason.

Justices to

summon a jury to inquire into the sanity of reputed lunatics.

O. L. c. 74, repealed.

10. That upon application of any of the friends, relations or guardians of such person, to any justice of the peace, he shall cause to be summoned a like inquest as is directed by the first section of this act, who shall in like manner be duly sworn, and in case they shall adjudge that such person is restored to the use of his or her reason, the residue of the estate, real and personal, shall be delivered to his or her heirs or administrators.

11. That the act entitled an act for the appointment of guardians to lunatics and others,' passed January the fifteenth, eighteen hundred and five, is hereby repealed. This act to take effect and be in force from and after the first day of March next. [Passed, February 13, 1815.]

CHAP. CCCXLII.—An act for organizing and disciplining the militia.*

Repealed; see

ded into five

1. Be it enacted, &c. That the state shall be divided into five divisions, O. L. c. 406. as follows, to wit: the counties of Hamilton, Butler, Warren, Clermont and The state diviClinton, shall compose the first division; the counties of Adams, Scioto, Pike, divisions; what Ross, Highland, Franklin, Delaware, Madison, Fayette and Pickaway, shall counties to compose the second division; the counties of Washington, Athens, Gallia, compose the Fairfield, Licking, Knox, Richland, Muskingum, Tuscarawas, Belmont, Mon- first division; roe, Coshocton and Guernsey, shall compose the third division; the counties the second diof Jefferson, Columbiana, Wayne, Stark, Harrison, Trumbull, Geauga, Por- vision; the tage, Ashtabula, Cuyahoga, Medina and Huron, shall compose the fourth third division; division; the counties of Green, Champaign, Montgomery, Preble, Miami and the fourth diDark, shall compose the fifth division. Each division shall be divided into vision; the fifth division; divibrigades, as follows, to wit: In the first division, the county of Hamilton sions divided shall compose the first brigade; the counties of Warren and Clinton shall into brigades, compose the second brigade; the county of Butler shall compose the third brigade; and the county of Clermont shall compose the fourth brigade. In the second division, the counties of Adams and Highland shall compose the first brigade; the counties of Scioto, Pike, Ross and Fayette, shall compose the second and third brigades; the counties of Franklin, Delaware and Madison, shall compose the fourth brigade; and the county of Pickaway shall compose the fifth brigade. In the third division, the counties of Washington, Athens and Gallia, shall compose the first brigade; the county of Fairfield shall compose the second brigade; the counties of Belmont, Monroe and so much of the seventh range as is within the county of Guernsey, shall compose the third brigade; the counties of Muskingum, Tuscarawas, Coshocton and so much of the county of Guernsey as is west of the seventh range, shall compose the fourth brigade; the counties of Licking, Knox and Richland, shall compose the fifth brigade. In the fourth division, the counties of Jefferson and Harrison shall compose the first brigade; the counties of Columbiana, Wayne and Stark, shall compose the second brigade; the county of Trumbull shall compose the third brigade; and the counties of Portage, Medina, Ash. tabula, Geauga, Cuyahoga and Huron shall compose the fourth brigade. In the fifth division, the counties of Green and Champaign shall compose the first brigade; and the counties of Montgomery, Preble, Miami and Dark, shall compose the second brigade.

2. That when any entire brigade, regiment, battalion or company has Alterations of been or may be set off, the officers in such brigade, regiment, battalion or brigades not to company shall retain their respective commands; and if the number of such affect the rank of the officers; brigade, regiment, battalion or company, shall be changed by such alteration, general and so that the commission or commissions of the officers included therein, do not field officers to correspond with their proper command, it shall be, and is hereby made the endorse comduty of the major-general to make an endorsement on the commission of any missions; when brigadier-general in his division, whenever it becomes necessary under the new brigades provisions of this section, so that it shall clearly designate his proper com- are set off, the mand: in like manner it shall be and is hereby made the duty of the briga- senior officer to dier-general, to make all necessary endorsements on the commissions of take the comcolonels under his command, when by the provisions of this section, such mand; diviendorsement becomes necessary: in like manner shall the colonel make the sions, brigades, &c., how to necessary endorsements on the commission of any officer under his command, rank; compawhen such endorsement becomes necessary, under the provisions of this sec- nies how to tion; and all endorsements so made, shall vest such officer with the same rank; number authority as if the purport thereof had been expressed on the face of his com- of brigades mission; and when any new brigade, regiment, battalion or company shall necessary to be set off, composed of parts of brigades, regiments, battalions or companies, form a division; number of regithe senior officer within such new bounds respectively, shall take the command, for the purpose of carrying any of the provisions of this act into effect, and shall retain his command until other officers shall be elected and qualified. brigade; numEach division, brigade, regiment, battalion and company, when in the field, ber of battashall take rank agreeably to the date of the commission of the officers com- lions necessary manding the same; and the companies shall be formed in battalion as follows, to form a regito wit: the oldest captain's company on the right, the second on the left, the ment; sixtythird on the left of the first, the fourth on the right of the second, and so on four privates to alternately towards the centre. Each division shall consist of not less than form a compa ny; brigade,

ments necessa

ry to form a

*See O. L. ç. 305, 313, 322,