any fine and costs that may be inflicted agreeably to the provisions of this act, may release ofthe county commissioners may if it be made to appear to their satisfaction that fender impristhe person so confined cannot pay such fine and costs, order the sheriff or jai- oned for fine ler of such county to discharge such person from imprisonment; and the sheriff and costs only. or jailer upon receiving such order in writing, shall discharge such person accordingly: Provided, That the commissioners may at any time thereafter, order and cause to be issued an execution against the body, lands, goods, or chattels of the person so discharged from imprisonment, for the amount of such fine and costs.

38. That the act entitled an act respecting crimes and punishments,' O. L. c. 180, passed the twentieth of February, one thousand eight hundred and nine, 252, 194, reand an act supplementary thereto, passed the twenty-second day of January, pealed. one thousand eight hundred and eleven, an act to prevent the selling of spiritous liquors to the Indians,' passed the eleventh day of February, one thousand eight hundred and nine, together with all other laws and parts of laws coming within the purview and meaning of this act, be, and the same are Proviso, as to hereby repealed: Provided, nevertheless, That all crimes committed or pros- crimes commitecutions pending for any criminal offence before the taking effect of this act, ted under forshall be prosecuted to final judgment and execution in the same manner as if mer laws. this act had never been passed. This act to take effect and be in force from When to take effect, and after the first day of August next. [Passed, February 11, 1815,]

CHAP. CCCXLVI.—An act for the better security of toll-bridges within this state. Repealed, O. 1. Be it enacted, &c. That if any person shall wilfully deface, obliterate L. c. 620, ◊ 6, or destroy the letters, figures or other characters, in any written or printed Penalty for delist of the rates or tolls affixed or posted up in any place upon any toll-bridge facing or dewithin this state, for the information of passengers and others, every person stroying list of so offending, shall forfeit and pay to the owner or owners of such toll-bridge where such injury was done, any sum not exceeding fifteen dollars, nor less than five dollars, to be recovered at the suit of the owner or owners of such toll-bridge, before any justice of the peace in the township in which such offence may be committed, for the use of the overseers of the poor of such township, for the support of the poor therein,

rates of toll posted up,

2. That if any person shall ride or drive over any such bridge in a Penalty for gallop, every person so offending, shall forfeit and pay to the owner or owners galloping over of such bridge, any sum not exceeding five dollars, to be sued for, recovered toll-bridges. and applied as is provided in the first section of this act; Provided, that such person has been warned by the owner or owners of the penalty attending such offence.

3. That if any person shall drive over any such bridge at one time, any Penalty for drove of cattle or horses in greater numbers than the owner or owners of such driving cattle, bridge shall permit or allow, such person or persons being warned by such &c. over tollowner or owners of the number of cattle or horses permitted or allowed to be bridges contradriven over such bridge at any one time, every person so offending shall forfeit ry to the direcand pay to the owner or owners of such bridge, any sum not exceeding twenty dollars, to be sued for, recovered and applied as is provided by the first section of this act.

tions of the

owners.

4. That nothing in this act contained, shall be construed to take away Proviso. from the owner or owners of such bridge any action for damages, which, without this act, they might have had against any person for any injury done to such bridge, [Passed, February 15, 1815.]

CHAP. CCCXLVII,-An act to make further experiments at the Scioto salt works.

Repealed, O. L. c. 711, 5. Whereas, it has been represented, that William Givens, named in the act, See also, c. entitled 'an act to encourage the manufacturing of salt at the Scioto salt 381. works,' passed February the 7th, 1814, is willing to make further experiments on the conditions hereinafter provided: therefore,

1, Be it enacted, &c. That if the said William Givens, after he shall Depth, and dihave completed the boring in his salt well, agreeably to the provisions of the mensions of the above recited act, shall continue the same to the depth of three hundred and auger hole. fifty feet, into the rock below its surface, and shall tube the same to the depth necessary to exclude all the fresh and weak water, so as to draw the strongest water from the bottom of the auger hole, which hole shall not be less than two and one-fourth inches diameter at the bottom, then and in that case there shall be paid to the said William Givens, the sum or sums hereinafter provided, from the treasury of this state, to be paid on the certificate of the agent of the

Amended O.

L. c. 376; repealed O. L. c. 894, 17.

money.

Scioto salt-works, specifying that the experiments so to be made by the said William Givens, have been faithfully executed and performed, being submitted to the auditor of state.

2. That whenever the said William Givens shall have bored a hole in the said well, of the size aforesaid, to the depth of two hundred and seventyfive feet below the surface of the rock, he shall be entitled to receive from the treasury of this state, the sum of three hundred and seventy-five dollars, to be paid on the certificate of the agent as aforesaid; and when the said Wiliam Givens shall have completed the boring to the depth of three hundred and fifty feet below the surface of the rock and of the size aforesaid, and shall have tubed the same, agreeably to the provisions of this act, then and in that case the said William Givens shall be entitled to receive from the treasury of this state, a further sum of three hundred and seventy-five dollars, to be paid on the certificate of the agent as aforesaid: Provided, that the lastmentioned sum shall not be paid before a fair experiment shall have been made of the strength of the water, by the agent of the Scioto salt works, and then, if it be found that two hundred and fifty gallons is sufficient to make fifty pounds of salt, and the well furnishes a sufficient quantity of water to supply a furnace of forty kettles of thirty gallons each, then and in that case the said William Givens shall only be entitled to receive one hundred and twenty-five dollars of the last payment as aforesaid; and if on such experiment being made, it shall be found that any less number of gallons than two hundred and fifty, be sufficient to make fifty pounds of salt, there shall be deducted from the said sum of one hundred and twenty-five dollars, a sum of two dollars for each and every gallon that may be required less than two hundred and fifty, to make fifty pounds of salt.

3. That it shall be the duty of the agent of the Scioto salt works, to require of the said William Givens, a bond with sufficient security, in the penal sum of eight hundred dollars, conditioned that he will make the experiment as aforesaid, on or before the 15th day of January, 1816, which bond shall be made payable to the present agent of the Scioto salt works, or his successors in office; and if the said William Givens shall neglect or refuse to enter into bond as aforesaid, within two months after the taking effect of this act, then and in that case it shall be lawful for the said agent to agree with any other person or persons to make the experiment aforesaid; and on such person or persons complying with the provisions of this act, he or they shall be entitled to receive the same sum or sums that the said William Givens would have been entitled to receive under the provisions of this act. [Passed, February 15, 1815.]

CHAP. CCCXLVIII.—An act supplementary to the act, entitled 'an act to incorporate the original surveyed townships.*

1. Be it enacted, &c. That the trustees appointed under the provisions Duty of trustees of the act to which this is supplementary, are hereby authorized and directed, appropriating previous to their appropriating the profits arising from section number sixteen, or other sections in lieu thereof, granted by congress for the use of schools, to require a certified list of all the scholars, who reside within their 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, on the fourth Monday of March, annually, to the use of 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.

Further duty of

2. That all moneys heretofore collected from any of the school sections, trustees in dis- which have not been distributed among the scholars residing in said towntributing ship, who have gone to school within, or without the same, the trustees are hereby required to apportion the several sums so collected in each year, among the scholars who have been taught within the same year, agreeably to this act, and the act to which this is supplementary.

money.

See O. L. c. 221, 267, 320.

3. That where any original surveyed township is not laid out into school Duty of trustees districts, it is hereby made the duty of the trustees, on the application of six to lay out townor more of the freeholders or householders of the township to proceed to lay ships into out said township into school districts.

school districts.

4. That where any school has been, or hereafter may be established in Further duty of any township, where there is a section or part of a section of land granted trustees in disfor the use of schools, the persons establishing such school shall choose three tributing trustees, whose duty it shall be to demand and receive from the teacher a cer- money. tified list of all the scholars by him taught; and the time for which they have severally attended, and lay the same before the trustees of the township, and receive from them the dividend due said school, and apportion the same among the scholars according to the first section of this act.

5. That no person residing on, or holding a lease of any part of section Qualifications number sixteen, or other section granted in lieu thereof, for the support of of trustees or schools, shall be eligible to be elected to the office of trustee or treasurer of treasurer. any original surveyed township in this state.

6. That the act, supplementary to the act, entitled 'an act to incorpo- O. L. c. 320, rate the original surveyed townships,' passed February ninth, one thousand repealed. eight hundred and fourteen, be and the same is hereby repealed. [Passed, February 15, 1815.]

Repealed, O.
L. c. 385, 46.

land for taxa

CHAP. CCCXLIX.-An act to amend the act, entitled 'an act levying a tax on land.' 1. Be it enacted, &c. That it shall be the duty of every person purchasing lands in this state, to cause the same to be transferred from the former Manner of holder to him or herself for taxation: where the purchase is made by a resi- transferring dent from a resident, the purchaser shall go [to] the clerk of the commissioners tion. of the county where he or she resides, and enter the land so purchased in his or her own proper name, and take a certificate thereof, which shall be transmitted to the commissioners of the county where the land so purchased shall have been entered and taxed at the time the purchase was made, and upon receiving such certificate the commissioners shall strike such land from their duplicate; where the purchase is made by a resident from a nonresident, the purchaser shall, in like manner, enter the same for taxation with the clerk of the commissioners of the county in which he or she resides, and take a certificate thereof, which he or she shall transmit to the auditor, who, upon receiving the same, shall strike the land from the nonresident duplicate: Provided, that all arrearages of taxes, penalties and interest (if any) shall first be paid into the state treasury; and when any lands entered in the respective land offices, the property of residents, becomes subject to taxation, the owner shall, within the same year, enter them for that purpose with the clerk of the commissioners of his proper county; and when any proprietor of land shall neglect to comply with the provisions of this section, his land shall be charged with taxes, penalties and interest, agreeably to the provisions of the act to which this act is an amendment (until the proper transfer or entry is made) to be collected and accounted for as other taxes.

2. That the commissioners of each and every county in this state, shall Duty of county direct their clerk to keep a book for the purpose of making transfers and new commissioners entries, agreeably to the provisions of the first section of this act, which shall in making be ruled in distinct columns, so as to set forth the present owner's name, the transfers; clerk to administer quantity of acres and rate of each tract, the county in which it lies, the numan oath to per ber of entry, warrant, survey or grant, or range, township, section and sons making quarter-section or lot, as the nature of the surveys in such county may require; transfers or also, setting forth the original proprietor's name, and the quantity of acres in entries. the original tract: and the clerk is hereby authorized and required to administer to every person making a transfer or entry as aforesaid, an oath or affirmation, as follows: 'You do solemnly swear (or affirm) that the transfer or entry (as the case may be) you have now made, and the rate of your land as classed, is just and true, according to the best of your knowledge and belief:' and the commissioners shall, annually, cause to be made out, separate duplicates of all transfers and new entries made within the year next preceding, which shall be annexed to the duplicates of resident land tax heretofore required to be made out by them.

3. That where any proprietor of lands, now a resident of this state, Penalties reshall have purchased land from a nonresident proprietor, since the first day of mitted in cerDecember, one thousand eight hundred and ten, the taxes upon which have tain cases.

Sale of lands

been regularly paid, up to the time of making such purchase, or where the lands of any resident proprietor have become subject to taxation since the said first day of December, one thousand eight hundred and ten, and such lands in either of the before mentioned cases now stand charged with taxes, penalties and interest as nonresident land, all such penalties shall be and the same are hereby remitted: Provided, that the proprietor of such lands shall, on or before the first day of January next, satisfy the auditor that he has duly entered such land for taxation, according to the provisions of this act, and shall moreover pay into the state treasury the whole amount of arrearages of taxes due thereon, together with legal interest upon the same.

4. That the sale of all lands, which, by the laws now in force, would be for taxes post- exposed to sale for the taxes, penalties and interest thereon, on the first Monponed. day of December, one thousand eight hundred and fifteen, shall be and the same is hereby postponed until the first Monday of December, one thousand eight hundred and sixteen.

Rates of taxes

5. That all land subject to taxation, within this state, shall be charged for the year one with a tax for the year eighteen hundred and fifteen, at the following rates, thousand eight to wit: first rate land, three dollars and sixty cents; second rate land, two hundred and dollars and sixty-eight and three-fourth cents; third rate land, one dollar and fifteen. seventy-eight cents, each, per hundred acres, to be paid in the same manner, and subject to the same penalties, as is provided by the law to which this act is an amendment, for the taxes thereby assessed upon lands.

Duty of auditor in entering lands purchased from the United

6. That if congress by any act that may be passed during the present session, shall authorize this state to levy any part of the direct tax, for the year one thousand eight hundred and fifteen, on lands purchased from the United States, within the period of five years next before the taking effect of this act, it shall be the duty of the auditor to enter all such lands on the proper States for tax duplicate for the year one thousand eight hundred and fifteen, according to their rates, and to charge them with the amount of tax specified in the second section of the act, entitled 'an act supplementary to the act levying a tax on land,' passed the 7th of February, one thousand eight hundred and fourteen, together with an addition of seventy-five per cent. thereon, which shall be collected and paid according to the provisions of the supplementary act aforesaid.

ation.

One-eighth of § 7. That one-eighth of the tax arising from land subjected to taxation by tax allowed for the provisions of this act, or of the act to which this is an amendment, after county pur- deducting all defalcations and expenses, shall be appropriated and paid over for county purposes, in the manner provided by the twentieth and twenty-first sections of the act to which this act is an amendment; and which sum shall be in lieu of the appropriation heretofore made for county purposes. [Passed, February 15, 1815.]

poses.

Obsolete.

Governor to give notice to the secretary of the treasury of the United States.

CHAP. CCCL.-An act to provide for the payment of the direct tax of the United States, assessed upon the state of Ohio, and for other purposes.

II. Be it enacted, &c. That the governor be, and he is hereby authorized, to cause notice to be given to the secretary of the treasury of the United States, of the intention of this state, to pay into the treasury of the United States, the quota of the direct tax of the United States, apportioned to the state of Ohio, pursuant to the provisions of the fortieth section of the act of congress, entitled 'an act to provide additional revenues for defraying the expenses of government and maintaining the public credit, by laying a direct tax upon the United States, and to provide for assessing and collecting the same,' passed the ninth day of January, one thousand eight hundred and fifteen. Governor au2. That the governor be, and he is hereby authorized to borrow, on the thorized to bor- credit of this state, any sum not exceeding one hundred and fifty-five thousand row one hun- dollars, for one year, at a rate of interest not to exceed six per centum per dred and fiftyfive thousand annum, and pay the same into the treasury of this state, and take the treasdollars. urer's receipt for the amount, and deposit it with the auditor, and cause to be issued, by the auditor, to the loaner or loaners, suitable and proper evidences of the debt incurred on the part of the state, for the repayment of which sum, so to be borrowed, and the interest arising thereon, an amount equal thereto, of the revenue for the year one thousand eight hundred and fifteen, is hereby pledged.

Governor to di3. That the governor be, and he is hereby authorized to cause bills to be rect the audi- issued, by the auditor, to be paid by the treasurer of this state, into the

treasury of the United States, on or before the first day of May next, for the tor to issue bills, sum of one hundred seventy-seven thousand fifty-five dollars and twenty- &c. four cents, in full of the quota of the direct tax of the United States, laid on the state of Ohio, by the before recited act of congress, of the ninth day of January, one thousand eight hundred and fifteen.

4. That the sum of one hundred seventy-seven thousand fifty-five Certain sums dollars and twenty-four cents, including the sum of thirty thousand dollars appropriated. heretofore appropriated by the act of January tenth, one thousand eight hundred and fifteen, entitled 'an act to appropriate thirty thousand dollars for the purposes therein mentioned,' be and the same is hereby appropriated out of any money 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, February 14, 1815.]

CHAP. CCCLI.-An act further to amend the act, directing in what manner certain lands Repealed, Feb. granted by congress for the use of schools in the Virginia military tract shall be surveyed 26, 1816; 0. and disposed of.* L. c. 390, 13.

1. Be it enacted, &c. That the register of said lands, at the same time he Duty of regismakes his annual report of the lands sold, shall also make out and transmit to ter in making the general assembly, a statement of the amount of all moneys received, and report to gener on what account, together with the disbursements hereof, during the preceding al assembly. year, and shall also report to the next general assembly the amount of all moneys received, and paid out, from the twenty-first day of October, eighteen hundred and nine, to the twenty-fourth day of November, eighteen hundred and fourteen, and on what account.

2. That all moneys that may be in the hands of the register of said Register to pay lands, on the first day of May next, and on the first day of May each subse- over to treasquent year, shall be paid into the treasury of this state on the order of the urer the first of treasurer; which order, the register shall deliver over to the auditor, who May annually. shall charge the treasurer with the amount, and give a receipt to the register for the same, who shall make a record thereof in his office; and the money thus paid into the state treasury, shall be subject to be appropriated as other moneys in the treasury, (unless the general assembly shall by law otherwise direct) until the same shall be appropriated for the use of schools within the Virginia military district. [Passed, February 14, 1815.]

CHAP. CCCLII.--An act to raise a revenue from process and proceedings in courts of law Repealed, Feband equity.

¡ 1. Be it enacted, &c. That from and after the first day of May next, there shall be imposed, collected and paid into the treasury of this state, on process and proceedings in civil cases, in courts of law and equity, the following tax, that is to say: on every writ of capias or summons, being the first process in a cause, one dollar; on every writ of execution, twenty-five cents; on every appeal from the court of common pleas, to the supreme court, one dollar; on every writ of certiorari allowed by a president or associate judge of a court of common pleas, fifty cents; on every writ of error or certiorari allowed by the supreme court or any judge thereof, one dollar; on every subpoena ad respondendum, in any suit in chancery, one dollar; on every writ of habeas corpus cum causa, ne exeat, or mandamus, one dollar; which tax shall be imposed and collected by the clerk who may issue the process, together with the costs taxed in the cause.

ruary 14, 1815; O. L. c. 362.

Tax chargeable on certain

process.

2. That it shall be the duty of the clerk of each court, in this state, on Duty of clerk, or before the first day of December, yearly, and every year, to make out and in collecting deliver, under oath, to the collector of the state tax within his county, a cor- and paying rect schedule of all the tax imposed by him in manner aforesaid, during the over said tax. preceding year, designating what part thereof may have been collected or paid, and he shall, at the same time pay over to the said collector the amount so by him received.

3. That it shall be the duty of the collector to pay the amount so receiv- Duty of district ed, into the state treasury, together with the other taxes so by him received, collector to reand also to deliver to the auditor the schedule before mentioned; and the ceive and pay auditor shall charge the clerk's office in each county, with the amount of tax over to state